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32. Income of an immigrant’s sponsor

Some immigrants to the United States have “sponsors” who signed an agreement promising to support the immigrant financially, to help the immigrant obtain lawful permanent resident (LPR) status. [8 U.S.C. § 1183a; 7 C.F.R. § 273.4(c); MPP §§ 63-102(s)(7) and (8).] This agreement is called an “affidavit of support.” [7 C.F.R. § 273.4(c)(1); MPP §§ 63-102(s)(7) and (8).] For a period of time, most of the income and resources of an immigrant’s sponsor and the sponsor’s spouse may be “deemed” to be available to the sponsored LPR when he or she applies for food stamp benefits. [7 C.F.R. § 273.4(c)(2); MPP § 63-503.493.] Not all immigrants have sponsors, though, and only certain persons who immigrated through a family-based petition have their sponsor’s income deemed to theirs: LPRs whose sponsor signed a legally binding affidavit of support (U.S. Citizenship and Immigration Services (USCIS) form I-864) on or after December 19, 1997 are subject to the deeming requirements. 7 C.F.R. § 273.4(c)(2); MPP § 63-102(s)(7).

Exceptions to sponsor deeming

There are many exceptions to sponsor deeming, however. As a result, sponsor deeming, if applied properly, should disqualify very few immigrants from receiving food stamps. The sponsor deeming rules do not apply to the following people:

  • Immigrants who do not have sponsors. This includes refugees, asylees, parolees, persons granted withholding of deportation, and certain battered spouses and children. [7 C.F.R. § 273.4(c)(3)(iii); MPP § 63-503.492(c).]
  • References at this page to “FNS Guidance” are to FNS Eligibility Determination Guidance, Non-Citizen Requirements in the Food Stamp Program (January 2003).
  • Immigrants whose sponsors have not signed the form I-864. This group includes immigrants who obtained their green cards before December 19, 1997 as well as those who obtained their green cards after that date, but whose sponsors signed other affidavit forms (e.g. form I-134). Similarly, immigrants sponsored by organizations are not subject to the deeming rules in the Food Stamps Program. [7 C.F.R. § 273.4(c)(3)(ii); FNS Guidance, p. 11; MPP §63-503.492(b).]
  • Immigrant children (under age 18) even if the child has a sponsor who signed form I-864 after December 19, 1997. [7 U.S.C. § 2014(i)(2)(E); 8 U.S.C. § 1631(d)(3); FNS Guidance, p. 12.]
  • Immigrants who live in the same household as their sponsor. [7 C.F.R. § 273.4(c)(3)(i); MPP § 63-503.492(a).]
  • Immigrants who have been battered by their spouses or parents, or whose children have been battered, in some circumstances. [8 U.S.C. § 1631(f); 7 C.F.R. § 273.4(c)(3)(v); MPP § 63-503.492(e).] This exception applies during a 12-month period provided that the battered individual does not live with the batterer. [8 U.S.C. § 1631(f); 7 C.F.R. § 273.4(c)(3)(v); MPP § 63-503.492(e)(1).] The exception can be extended for additional 12-month periods if the immigrant demonstrates that the battery is recognized by a court, administrative order, or by the USCIS and if the food stamp office determines that the battering is substantially connected to the need for benefits. [8 U.S.C. § 1631(f); 7 C.F.R. § 273.4(c)(3)(v); MPP § 63-503.492(e)(2).] Note that for purposes of the California Food Assistance Program (CFAP) for immigrants, this exception is not time limited. [Welf. & Inst. Code § 18932(c); MPP § 63-403.2.]
  • Immigrants who qualify for an “indigence exception” because their household’s income, plus any support actually received from the sponsor, is below 130% percent of the poverty level. [8 U.S.C. § 1631(e); 7 C.F.R. § 273.4(c)(3)(iv); MPP § 63-503.492(d).  See ACL 11-06 for clarification that determination of indigency is made prior to requesting verification of income.] In determining whether an immigrant qualifies for this exception, the food stamp office will count all assistance the sponsor actually provides, including the value of in-kind assistance (such as shelter). [7 C.F.R. § 273.4(c)(3)(iv); MPP § 63-503.492(d)(1)(A).] Per a FNS policy memo, the State agency is not required to verify a sponsor’s income or resources when determining if a sponsored immigrant meets the indigence exception. This exception must be re-evaluated every 12 months. [7 C.F.R. § 273.4(c)(3)(iv); MPP § 63-503.492 (d)(1)(B).] If an immigrant receives food stamps under this exception, the food stamp office must report the names of sponsored immigrant and his or her sponsor to the United States Attorney General. [8 U.S.C. § 1631(e); 7 C.F.R. § 273.4(c)(3)(iv); MPP § 63-503.492 (d)(1)(C).]  Because of this last requirement, the state agency must explain the purpose of the indigency finding, and if the immigrant does not give consent to release the information to the Attorney General, to render only that immigrant ineligible, and not the other non-sponsored household members. 7 C.F.R. § 273.4(3)(iv).
  • Immigrants whose deeming period has ended. [7 C.F.R. §§ 273.4(a)(6)(ii), 273.4(c)(2); MPP § 63-503.491.]

Duration of sponsor deeming

In the federal Food Stamp Program, sponsor deeming ends when:

In the CFAP program, deeming ends three years after the sponsor signs the affidavit of support (I-864). [Welf. & Inst. Code § 18932 (b); MPP § 63-403.2.]

Counting the sponsor’s income

Not all of the income and resources of the sponsor and the sponsor’s spouse are “deemed” to a sponsored LPR. The first $1,500 of the countable resources of the sponsor and the sponsor’s spouse are not deemed to the sponsored LPR. [7 C.F.R. § 273.4(c)(2)(iv); MPP § 63-503.493 (b)(1).] When a household is categorically eligible, resources of the sponsor shall not be “deemed.”

Before deeming the sponsor’s and sponsor’s spouses income, the food stamp office must make certain deductions.

  • First, the food stamp office must deduct 20% of the earned income of the sponsor or the sponsor’s spouse. [7 C.F.R. § 273.4(c)(2)(i)(A); MPP § 63-503.493 (a)(1)(A).  (All the regular income and resource exclusions apply in terms of what is countable.)
  • Second, the food stamp office must deduct an amount equal to 130% of the federal poverty level (which is the same as the food stamp gross income limit) for the sponsor’s family, including all family members who could be claimed as dependents on the sponsor’s federal income tax forms. [7 C.F.R. § 273.4(c)(2)(i)(B); MPP § 63-503.493 (a)(1)(A)(ii).].
  • Finally, if the food stamp applicant can show that his or her sponsor is sponsoring other LPRs, the food stamp office must divide the sponsor’s income and resources by the number of LPRs sponsored and deem only a pro-rata share to each sponsored LPR. [7 C.F.R. § 273.4(c)(2)(v); MPP § 63-503.493 (c).]
  • No income or resources shall be deemed when the sponsor is residing within a food stamp recipient household.

Example: Mr. Jones sponsored Mr. Smith; Mr. Smith is applying for food stamps. Mr. Jones’ household has four members. Mr. Jones earns $3,500 per month. The amount that is deemed available to Mr. Smith is $162. Here’s how it breaks out:

  • $3,500 (Mr. Jones’ gross earned income)
  • minus $800 (20% of Mr. Jones’ gross earned income of $3,000)
  • equals $2,700
  • minus $2389 (130% of federal poverty guideline for a family of 4, which was $1837, based on the 2009-2010 guidelines)
  • equals $311 – the income deemed to Mr. Ramirez.

Sponsor cooperation

If the food stamp office must count the sponsor’s income, the sponsored LPR must get the sponsor to tell the food stamp office what his or her income and resources are. [7 C.F.R. § 273.11(c)(4); MPP § 63-405.71.] The LPR also must get the sponsor to give the food stamp office any verification it needs. [7 C.F.R. §§ 273.11(c)(4) and (5); MPP §§ 63-405.7, 63-300.5(e)(8).] Until the food stamp office is told how much the sponsor has in income and resources, the LPR cannot get food stamps. [7 C.F.R. § 273.11(c)(4); MPP § 63-503.494.] This is true even if the LPR does not know where the sponsor is and even if the sponsor refuses to help. [7 C.F.R. §§ 273.11(c)(4) and (5); MPP § 63-404.494(b).] The food stamp office must help the sponsored LPR get the verification he or she needs. [7 C.F.R. §§ 273.2(f)(5), 273.11(c)(5); MPP § 63-300.5(e)(8)(I).]

Note, however, that there is no requirement to obtain this information from the sponsor if the immigrant is exempt from deeming. [FNS Guidance, pp. 11-12].

Other people in the sponsored immigrant’s household

Other people in the sponsored LPR’s household may still get food stamps even if the sponsored LPR does not qualify. All or some of the income and resources of the sponsored ineligible immigrant may count as income and resources to the other people in the household. [7 C.F.R. § 273.11(c)(3); MPP § 63-503.442.] The income and resources of ineligible immigrant household members will be pro-rated.

For related details, see the section about income and deductions of ineligible immigrants in mixed food stamp households.