WAG 09-01-02-b.

Apply to all noncitizens who entered the country on or after 08/22/96 whose sponsor signed an Affidavit of Support under Section 213A of the INA.

Sponsor's liability does not apply to a noncitizen who is:

  • paroled under Section 212(d)(5) of INA for at least one year and who entered the United States before 08/22/96;
  • granted asylum by the U.S. Attorney General under Section 208 of the INA;
  • admitted as an Cuban or Haitian entrant;
  • admitted by application before 04/01/80, under Section 203(a)(7) of the INA;
  • admitted as a refugee by application after 03/31/80, under Section 207(c) of the INA;
  • whose deportation is being withheld under Section 243(h) of the INA; or
  • abused, as described in PM 03-01-02-i, and who has received cash assistance for less than one year or whose sponsor is the abuser.

The sponsor is not responsible for the noncitizen's spouse or children unless he also sponsors them. Budget the entire amount of sponsor liability against the needs of the assistance unit due to TANF filing unit policy. If the household separates, budget the sponsor liability against the needs of the assistance unit containing the sponsored person.

Sponsor's liability is budgeted as nonexempt unearned income of a noncitizen applying for or receiving cash benefits if:

  • the sponsor signed an Affidavit of Support under Section 213A of the INA assuring the noncitizen will not become a public charge;
  • the sponsor does not receive cash assistance or SSI; and
  • the noncitizen is not the sponsor's child or spouse.

If the sponsor dies, the budgeting of the sponsor's liability ends.