PM 09-01-01: When to Use Sponsor's Liability

WAG 09-01-01

A sponsor is a person or public or private organization or agency that signed an affidavit with the revised textU.S. Citizenship and Immigration Services (USCIS) agreeing to support a noncitizen. USCIS accepts the affidavit to support as a condition for admitting the noncitizen for permanent residence. Prior to 08/22/96, a signed affidavit with USCIS was not a requirement.

Sponsored by an Individual

revised textWhen the noncitizen's sponsor is an individual, a portion of the sponsor's income and, for SNAP and AABD Cash, their assets are used when determining the noncitizen's eligibility and benefit amount.

revised textThe sponsor's liability also includes the income, and for SNAP and AABD Cash, the assets of the sponsor's spouse, even if the sponsor and spouse married after the agreement was signed.

revised textUse the income of the sponsor until the noncitizen becomes a citizen or is credited with 40 qualifying quarters of work for noncitizens who entered the country on or after 08/22/96. For noncitizens who entered the country before 08/22/96, for AABD Cash, sponsor liability applies for 3 years. For SNAP, if the sponsor signed an affidavit prior to 12/19/97, sponsor liability applies for 3 years only.

The sponsor is liable for the needs of the noncitizen only. The sponsor is not responsible for the noncitizen's spouse or child(ren) unless the sponsor also sponsored them.

Sponsored by an Agency or Organization

When a noncitizen's sponsor is an agency or organization and the noncitizen is applying for or receiving cash, use the amount of the income given to the noncitizen as the basis for determining the amount of the liability until the noncitizen achieves citizenship or is credited with 40 qualifying quarters of work. If the agency or organization becomes bankrupt or no longer exists, the budgeting of the sponsor's liability ends.

For noncitizens applying for or receiving SNAP, sponsorship by an agency or organization has no effect on the person's eligibility.