On 12/19/97, the Department of Homeland Security (DHS) began using a new, legally
enforceable affidavit of support (INS Form I-864) with applications for immigrant
visas or adjustments of status. Use of the affidavit is tied to the date the alien
applied for an immigrant visa or status adjustment. If the visa or status adjustment application
was filed BEFORE 12/19/97, the old version affidavit (INS Form I-134) will be used even if the alien
entered the country AFTER 12/19/97.
Consequently, beginning 12/19/97, there are two sets of sponsor deeming rules in the
Supplemental Security Income (SSI) program. One set of rules applies to aliens whose
sponsors signed the old, unenforceable version of the affidavit of support (I-134).
These cases are referred to as “old version affidavit” cases or “old version sponsor
deeming” cases. They include the grandfathered aliens described in SI 00502.100 (unless such alien applied for status adjustment after 12/19/97) and other sponsored
immigrants not described in SI
00502.215A.2. who applied for a visa or adjustment prior to 12/19/97. A different set of deeming
rules applies to aliens whose sponsors sign the new, legally enforceable version of
the affidavit. These cases are referred to as “new version affidavit” cases or “new
version sponsor deeming” cases.
Keep in mind that most new alien claimants who have sponsors will not be eligible
aliens for SSI purposes (see SI 00502.100). One example of a sponsored alien who could be SSI-eligible (and subject to deeming) is a sponsored legally admitted for permanent
residence (LAPR) alien who is the spouse of a veteran of the Armed Forces of the United