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NON-CITIZENS - LPR WITH SPONSORS

ISSUE DATE: 12/2014

Non-citizens may immigrate to the United States through a petition by a sponsor who agreed to support the immigrant as a condition of the immigrant’s entry to the United States. Sponsors may be financially responsible for the immigrant. There are 2 types of sponsorship agreements (forms I-134 and I-864). The rules governing how each of these 2 agreements affect the sponsor’s income and assets differ depending on the U.S. Citizenship and Immigration Services (USCIS) classification of the non-citizen and/or the type of Affidavit of Support executed by the sponsor. See 0010.18.18 (Verifying Sponsor Information), 0015.48.03 (Whose Assets to Consider - Sponsors W/ I-864), 0015.48.06 (Whose Assets to Consider – Sponsors W/ I-134), 0016.21 (Income of Sponsors of Immigrants With I-134), 0016.21.03 (Income of Sponsors of LPRs With I-864).

The newer Affidavit of Support under Section 213A of the Immigration and Nationality Act (Form I-864) used for immediate relative, family based and certain employment based immigrants on 12-19-97. People sponsoring relatives after that date are required to file this form, which remains in effect until the immigrant becomes a naturalized citizen, earns or can be credited with 40 qualifying work quarters, leaves the United States permanently, or dies. See 0010.18.15.06 (Verifying Social Security Credits), TEMP Manual TE02.12.24 (Social Security Credits).

The older Affidavit of Support (Form I-134) was in use prior to 12-97 and continues to be used for some immigrants who are not sponsored by family members.


For all LPRs who arrived on or after 12/19/97, if the I-551 Permanent Resident Card lists any of the codes below, they maybe sponsored under the I-864 Affidavit of Support.

Listed below are the most common codes. Submit a question through PolicyQuest if you have a code that is not listed.

Immediate Relative Codes:

CF 1, 2
CR 1, 2, 6, 7
IF 1, 2
IR 0, 1, 2, 3, 4, 5, 6, 7, 8, 9


Family Based Codes:

C 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 31, 32, 33, 36, 37,38
CX 1, 2, 3, 6, 7, 8
F 11, 12, 16, 17, 20, 21, 22, 23, 24, 25, 31, 32, 33, 36, 37, 38, 41, 42, 43, 46, 47, 48
FX 1, 2, 3, 6, 7, 8


Employment Based Codes:

C 51, 52, 53
E 10, 11, 12, 13, 14, 15, 16, 17, 18,19, 21, 22, 23, 26, 27, 28, 30, 31, 32, 34, 35, 35, 36,
37, 38, 39, 51, 52, 53, 56, 57, 58
EWO, 3, 4, 5, 8, 9
EX 3, 4, 5
T 51, 52, 53, 56, 57, 58


If you have an LPR who entered under the Diversity Program, the codes to look for are DV 1, 2, 3. These LPRs may be sponsored using the I-134 Affidavit of Support.

Also see SPONSOR in 0002.63 (Glossary: Special Diet...). Also see 0010.18.15 (Verifying Lawful Permanent Residence), 0011.03.12 (Non-Citizens - Lawful Permanent Residents).

Receipt of public cash assistance or institutionalization for long term care at government expense may negatively affect a non-citizen’s USCIS status. See 0011.03.17 (Non-Citizens - Public Charge).


MFIP, DWP:

Determine if the sponsor is an individual or an agency or organization.

LPRs whose sponsors are individuals (rather than agencies or organizations) are eligible if they meet all other eligibility conditions.

LPRs whose sponsors are public or private agencies or organizations are ineligible for 3 years from the date the LPR enters the United States, unless DHS grants an EXCEPTION.


DHS can grant EXCEPTIONS only if the sponsoring agency no longer exists or has become unable to meet the immigrant's needs. There must be a material change in the agency's resources since USCIS approved the application for sponsorship of the immigrant. The non-profit or charitable status of a sponsoring agency is not enough by itself to waive responsibility to support the immigrant.

Submit requests to waive a sponsoring agency's financial responsibility, along with supporting documentation and authorization forms, to:

Department of Human Services
Transition to Economic Stability Division
P.O. Box 64951
St. Paul, Minnesota 55164-0951

For information on how to treat income of LPRs who are ineligible due to agency or organization sponsorship, see 0016.33 (Income of Ineligible Non-Citizens).


SNAP:

LPR’s with sponsors are eligible if they meet all other eligibility conditions. See 0011.03 (Citizenship and Immigration Status), 0011.03.12 (Non-Citizens - Lawful Permanent Residents) for additional eligibility requirements.

Determine eligibility of LPRs who became sponsored on or after 12-19-97 by counting the assets and income of the sponsor if the LPR is sponsored by forms I-864 or I-864A.


MSA:

LPRs with sponsors are eligible if they meet all other eligibility conditions. Consider income and assets of sponsors who are individuals (rather than organizations) when determining assistance for sponsored immigrants.


GA:

LPRs with sponsors are eligible if they meet all other eligibility conditions.


GRH:

Follow MSA for aged, blind, and disabled participants. Follow GA for all other adults.

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