WAG 09-01-02-a.

Apply to all noncitizens who entered the country prior to 08/22/96 or who entered the country on or after that date, but whose sponsor did not sign 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 a 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.

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 or a similar agreement assuring the noncitizen will not become a public charge;
  • the sponsor does not receive cash assistance or SSI;
  • the noncitizen has been a resident of the U.S. for less than 3 years; and
  • the noncitizen is not a child or spouse of the sponsor.