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WHOSE ASSETS TO CONSIDER - SPONSORS W/I-134

ISSUE DATE: 12/2014

The policy on how to deem assets of sponsors of immigrants depends on what affidavit of support was executed by the sponsor. There are 2 different affidavits of support (forms I-134 and I-864). Each form has its own deeming requirements.

For deeming assets of sponsors who executed the I-864, see 0015.48.03 (Whose Assets to Consider Sponsors W/ I-864).

Deeming of assets provisions do not apply to:

Refugees.

People granted asylum.

LPRs who were refugees or asylees.

People paroled for a period of 1 year.

Cuban/Haitian Entrants.


For additional information on sponsor of immigrants, see 0011.03.15 (Non-Citizens - LPR With Sponsors.


MFIP, DWP:

Count the assets of an immigrant's sponsor and the sponsor's spouse (if the spouse is living with the sponsor), EXCEPT exclude the 1st $1,500 of their non excluded assets. Count the assets of both the sponsor and the sponsor's spouse regardless of whether 1 or both of them signed the affidavit. If a sponsor is responsible for more than 1 immigrant, divide the remaining assets evenly among the sponsored immigrants. For those entering the country on or after 7-1-99, count the assets for 3 years after:

The date the immigrant entered the country with a pre approved lawful permanent resident (LPR) status.

OR

The date USCIS granted adjustment to LPR status after the immigrant entered the country.


Do NOT count the assets of optional unit members who choose not to participate. Also, do NOT deem the sponsor’s income if the sponsor is part the immigrant’s assistance unit. Consider the sponsor’s income as you would any other member of the assistance unit.


SNAP:

No provisions.


MSA:

Consider the assets of an immigrant's sponsor and the sponsor's spouse if the sponsor and spouse live together. For the purpose of this section, a sponsor is an individual (not an organization) who signed an affidavit of support as a condition of the immigrant's admission for permanent United States residence. Exclude the sponsor's and sponsor's spouse's pension funds, including IRAs and Keogh plans. Exclude from the sponsor's assets:

$2,000 if the sponsor does not live with a spouse.

$3,000 if the sponsor and spouse live together, but the spouse is not also the immigrant's sponsor.

$4,000 if the sponsor and spouse live together and both are the immigrant's sponsors.


Count the assets for 3 years after the month the immigrant entered the country with a pre approved LPR status, or 3 years after the month USCIS granted adjustment to LPR status after the immigrant entered the country.

Do not count an immigrant's sponsor's assets toward the asset limit of the immigrant's spouse, if the spouse does not have the same sponsors.


GA:

Consider the assets of sponsors if you verify them to be actually available to the immigrants. See 0015.06 (Availability of Assets).


GRH:

Follow MSA for aged, blind, or disabled clients. Follow GA for all other adults.

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