TN 53 (10-24)

SI 01320.920 Verifying the Sponsor's Income and Resources

CITATIONS:

Social Security Act, Sec. 1621.
Regulations 20 CFR 416.1160(d)

A. General - operating procedures

Advise both the sponsor and noncitizen of the sponsor-to-noncitizen deeming provisions. Advise them that we will deem all of the sponsor's income and resources less the specific deductions and exclusions provided by law (SI 01320.100) to the noncitizen, and treat the sponsor's income and resources as if they were the noncitizen's own. Also inform the sponsor and noncitizen that we will verify their allegations of income and resources with the sworn statements they made to DHS at the time of application for entry into the U.S. This comparison is made to discover unstated income or resources. (The Department of State has advised all visa-issuing offices and personnel of the statutory requirement for sponsor-to-noncitizen deeming, and has furnished those offices with an affidavit form on which the sponsor acknowledges the requirements of the sponsor-to-noncitizen deeming provision.)

Also advise the sponsor of their liability for repayment of any supplemental security income (SSI) overpayment made to the noncitizen because of the sponsor's failure to provide correct information regarding their income and resources. This is addressed in question 16 of the SSA-8010-BK. (See SI 02205.001 and SI 02205.005 regarding overpayments related to sponsor-to-noncitizen deeming.)

B. Verification of sponsor's income and resources — operating procedure

1. Responsibility for obtaining sponsor's cooperation

A noncitizen is responsible, by law, for obtaining the sponsor's cooperation in the development and documentation of required information. If either the noncitizen or the sponsor fails to cooperate (e.g., the noncitizen is unsuccessful in obtaining the sponsor's cooperation), deny the claim or suspend eligibility and payment in accordance with SI 00601.110 or SI 02301.200, respectively.

If a sponsor cannot be located or leaves the U.S., making verification of the sponsor's current income and resources administratively unfeasible (e.g., involves contact with foreign employers), it is the noncitizen's responsibility to obtain evidence. If the noncitizen does not provide verification of the income and resources, deny the claim or suspend eligibility and payment in accordance with SI 00601.110 or SI 02301.235, respectively.

2. Noncitizen's allegation of sponsor's income, resources, and dependents

Whenever a noncitizen alleges being sponsored (or in posteligibility situations involving sponsorship), document over the noncitizen's signature their allegation of their sponsor's income, resources, and dependents. This allegation is not required when the sponsor accompanies the noncitizen to the interview and provides the information. If the noncitizen alleges their entry was promoted by an organization or employer, verify sponsorship; do not develop the income and resources of the organization or employer.

Determine if the noncitizen would be eligible based on their allegations under the computation rules in SI 01330.500 ff. and SI 01320.950. If they would not be eligible, deny their claim and do not contact their alleged sponsor or DHS. If the noncitizen is unable to make an allegation, or their allegations would permit eligibility, contact the sponsor (see SI 01320.920B.3.).

3. Sponsor's allegation of income and resources

Document a sponsor's allegation of their income and resources on an SSA-8010-BK. Determine if the noncitizen would be eligible based on the sponsor's allegations under the computation rules in SI 01330.500 ff. and SI 01320.950. If they would be, follow the procedures below. If they would not be, deny the application; do not verify the sponsor's current income and resources or contact DHS.

4. Evidence of income and resources

If a noncitizen appears to be eligible for SSI based on the allegations of the noncitizen and sponsor, verify the sponsor's current income and resources (see SI 00810.001. and SI 01110.001.) In initial claim situations, compare the current income and resources with the statements in the DHS file. See SI 01320.925 when the DHS file is not available. (If the noncitizen is ineligible based on the established income or resources of the sponsor, deny or suspend eligibility; do not contact DHS (or curtail such contact if already initiated)).

Photocopy, or record on a Report of Contact (RC), the sponsor's allegations made to DHS regarding their income and resources on the affidavit of support.

If the sponsor alleged income or resources to DHS that they did not allege to the field office (FO), and the discrepancy is material to the noncitizen's eligibility and payment, the sponsor must explain the discrepancy and submit evidence of the loss of income or resources. For example, if they allege self-employment income to DHS but now alleges no self-employment income, they could submit a tax return showing a net loss of income or a record of a bankruptcy judgment. If they allege ownership of property to DHS but now alleges no property, they could explain and submit documentation for its disposition. If they do not provide an explanation and evidence that you consider adequate, state your conclusion on an RC; deny the claim for failure to submit required information.


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0501320920
SI 01320.920 - Verifying the Sponsor's Income and Resources - 10/22/2024
Batch run: 10/22/2024
Rev:10/22/2024