In general, the field office must verify sponsorship of a noncitizen who is LAPR with the Department of Homeland Security (DHS). There is an exception to this rule for certain noncitizens admitted for legalization under section 245A of the Immigration Reform and Control Act of 1986 (IRCA).

This exception is based on the confidentiality provisions relating to requests for adjustment of status pursuant to section 245A of IRCA. These confidentiality provisions preclude DHS from providing information from the noncitizen's file to third parties, including SSA.

DHS does allow the noncitizen admitted under section 245A of IRCA to obtain copies of documents submitted by the noncitizen in support of their application, including a copy of all or part of the affidavit of support. Therefore, SSA may request that the noncitizen provide these and other documents in support of their immigration application to assist in applying for SSI. However, if the sponsor has restricted some information on the affidavit of support from being released to the noncitizen, the noncitizen will need the sponsor's cooperation to obtain that information. (See SI 01320.915D in this section.)

Do not verify sponsorship with DHS when:

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  Sponsor-to-noncitizen deeming cannot apply (see SI 01320.910).

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  The noncitizen alleges (or you establish) that they are ineligible due to excess income or resources (including any income or resources deemed from the sponsor or another deemor), or failure to meet any other factor of eligibility. In these cases, deny the claim without verifying sponsorship.

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  The sponsor, as identified by the claimant, alleges (or you establish) income or resources of the sponsor that would make the noncitizen ineligible. In this case, deny the claim without verifying sponsorship.

If a noncitizen appears to be eligible for SSI based on the allegations of the noncitizen and the alleged sponsor, verify sponsorship with the DHS. Verify sponsorship only at the time of initial application (or at the time of the preeffectuation contact in deferred development cases).

Because sponsorship is pertinent, verify the fact of sponsorship and sponsor identification information with DHS even if:

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  the sponsor is alleged to be deceased; or

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  the alleged sponsor is the parent or spouse from whom parent-to-child or spouse-to-spouse deeming applies; or

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  the alleged sponsor is the noncitizen's spouse who is eligible for SSI.

Verify that the person alleged to be the sponsor actually is the sponsor and that there are no others.

Follow the special instructions below to verify sponsorship of noncitizens admitted as SAWs or under the legalization provisions of IRCA.

If the SAW/IRCA noncitizen alleges that they are not sponsored, document the response and accept the allegation. (This is an exception to the procedure described in SI 01320.910D.8.)

If the SAW/IRCA noncitizen alleges that they are sponsored or does not know if they have a sponsor, ask the noncitizen to contact DHS directly and obtain a copy of Form I-134 (Affidavit of Support). Advise the noncitizen that, if necessary, they must obtain the sponsor's cooperation to get a copy of the document. See SI 01320.920B.1. for instructions on how to proceed if the noncitizen or sponsor does not cooperate.

If DHS advises that there is no sponsor, document the file with:

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  DHS' written statement to that effect (if one was provided to the noncitizen); or

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  the noncitizen's allegation that there is no sponsor if no written statement was given to the noncitizen.

Verify sponsorship even if the noncitizen alleges no sponsor (except in certain IRCA cases, per SI 01320.915D).

NOTE: This verification is necessary even if the noncitizen offers a copy of their visa application as evidence.

When verifying sponsorship with DHS, ask them to check their central case control.

Since individuals' records are sometimes interfiled with the records of family members, if you know that the claimant entered the U.S. with other family members, give this information to the DHS to assist them in their search.

For addresses of DHS offices to contact for verification, see RM 10214.200.

Do not apply sponsor-to-noncitizen deeming if the development results in no evidence of a sponsor in SI 01320.915G.

Document the SSI file with DHS' response showing that there is no evidence of sponsorship in the DHS file (i.e., a copy of the OF-230, any correspondences or a Report of Contact).

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  RM 10214.200 List of DHS regional and district offices

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  SI 01320.925 Verification with DHS after adjudication

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  SI 00501.440 IRCA noncitizen statuses