TN 8 (10-00)
SI 00502.220 Old Version Affidavit of Support
The policies in SI 01320.900-SI 001320.950 continue to apply for old version affidavit of support cases. The Welfare Reform Act of 1996 did not change the deeming rules for aliens sponsored under the old version affidavits.
An alien sponsored under an old version affidavit who is lawfully admitted to the United States for permanent residence is subject to sponsor-to-alien deeming unless an exclusion in SI 01320.910 applies. LAPR aliens who retained eligibility under the "grandfathering" provision described in SI 00502.150 and who have not had their status adjusted under a new version affidavit are among those aliens for whom the old version affidavit polices may apply.
REMEMBER: With regard to aliens whose sponsors signed old version affidavits of support, only LAPR aliens are subject to sponsor deeming. Also, keep in mind that all LAPR aliens--including those for whom sponsor deeming is an issue--are subject to the basic alien eligibility requirements in SI 00502.100-SI 00502.155.
Also, keep in mind that sponsor-to-alien deeming need not be developed for any month in which an alien is ineligible for SSI for a reason other than deeming (for example, the alien is ineligible because of the alien"s own income or resources).
See SI 01320.915 ff. for procedures for verifying sponsorship and sponsor"s income and resources for old version affidavit cases.
SSI Eligibility for Aliens Receiving Benefits on 8/22/96, SI 00502.150
New Version Sponsor Deeming Cases--Policy and Procedures, SI 00502.240