Sponsor-to-noncitizen deeming does not apply to refugees admitted to the U.S. under one of the following three sections of the Immigration and Nationality Act (INA):

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  Section 203(a)(7), effective before 4/1/80; or

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  Section 207(c)(1), effective after 3/31/80; or

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  Section 212(d)(5), paroled refugees.

SI 00501.420 B.2. provides instructions for identifying noncitizens admitted under these provisions.

Noncitizens admitted under the above categories whose status later changes to LAPR are not subject to sponsor-to-noncitizen deeming even if they have a sponsor.

Sponsor-to-noncitizen deeming does not apply to noncitizens granted political asylum by the Attorney General of the United States.

Noncitizens granted political asylum whose status later changes to lawfully admitted for permanent residence are not subject to sponsor-to-noncitizen deeming even if they have a sponsor.

SI 00501.420 B.2. provides instructions for identifying noncitizens granted political asylum.

If a noncitizen becomes blind or disabled (at any age) after lawful admission to the U.S. as a permanent resident, sponsor-to-noncitizen deeming stops effective with the month the noncitizen's disability or blindness begins.

Sponsor-to-noncitizen deeming does not apply to any noncitizen who filed for SSI prior to 10/1/80. It does not matter if the prior SSI claim was approved or denied.

If a noncitizen filed before 10/1/80 but with drew their claim, the noncitizen can be subject to sponsor-to-noncitizen deeming because we treat a withdrawn application as though it were never filed.

If a noncitizen filed before 10/1/80 but voluntarily terminated their eligibility, the noncitizen is not subject to sponsor-to-noncitizen deeming because a voluntary termination does not void the application.

Noncitizens who are permanently residing in the U.S. under color of law (PRUCOL) are not subject to sponsor- to-noncitizen deeming. (See SI 00501.420 and SI 00501.425 for PRUCOL information.)

For example, many noncitizens legalized under the Immigration Reform and Control Act (IRCA) are not permanent residents and, therefore, are not subject to sponsor-to-noncitizen deeming. However, they may become subject to deeming if they become LAPR. See exceptions in SI 01320.5002.

Noncitizens admitted to the U.S. under one of the statuses below are never required to have a sponsor. Therefore, sponsor-to-noncitizen deeming does not apply to the following:

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  Noncitizens granted LAPR status under section 249 of the INA. These noncitizens are sometimes called “registry” applicants (see SI 00501.440B.6.). The admission code on Form I-151 or I-551 (Noncitizen Registration Receipt Cards) for noncitizens in this category is Z03, Z33, or Z66.

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  Applicants for permanent residence who are Amerasians or relatives of Amerasians and the admission codes are described below:

  Description	I-551Code
  An Amerasian born in Vietnam between January 1, 1962 and January 1, 1976;	AM-1 or AM-6
  The spouse or child of an Amerasian as above;	AM-2 or AM-7
  The parent of an unmarried Amerasian, their spouse and/or child;	AM-3 or AM-8
  A person who has acted as the parent of an Amerasian and their spouse and/or child.	AM-3 or AM-8
  NOTE:Amerasians with admission codes other than those shown above are subject to sponsor-to-noncitizen deeming.

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  Applicants for adjustment under the Cuban/Haitian provisions of section 202 of IRCA (see SI 00501.440 C.2.). Noncitizens seeking adjustment under this provision would have an I-94 coded CH6.

If the Noncitizen's sponsor is the noncitizen's ineligible spouse or parent living in the same household as the noncitizen, sponsor-to-noncitizen deeming does not apply. Instead, the regular spouse-to-spouse or parent-to-child deeming rules apply.

In any month the noncitizen is not subject to deeming from the ineligible spouse or parent (e.g., the noncitizen and sponsor/spouse live in separate households), the sponsor-to-noncitizen deeming rules apply.

If the noncitizen's sponsor is an eligible spouse, the sponsor-to-noncitizen deeming rules do not apply. Instead, the noncitizen and the sponsor/spouse are treated as members of an eligible couple.

If the eligible couple separates, sponsor-to-noncitizen deeming applies beginning with the month after the month of separation.

NOTE: SSI payments and the income used to determine them are included in sponsor-to-Noncitizen deeming. See SI 01320.940.

A noncitizen whose admission to the U.S. was due solely to promotion by an organization is not subject to sponsor-to-noncitizen deeming.

While we do not deem from a noncitizen's sponsoring organization, any cash or in-kind receipts received by a noncitizen from an organization must be considered under the normal SSI income counting rules.

NOTE: The term “sponsor” does not include, for deeming purposes, an organization such as the congregation of a church or a service club.

If a noncitizen whose admission was promoted by an organization is also sponsored by an individual, sponsor-to-noncitizen deeming applies from the individual.

A noncitizen whose admission as a permanent resident is based on a guarantee of employment from an employer who does not sign an affidavit of support is not subject to sponsor-to-noncitizen deeming from the employer.

If the noncitizen whose employment is guaranteed is sponsored by a different individual who signs an affidavit of support, sponsor-to-noncitizen deeming applies from the latter individual.

Deeming from a sponsor ends effective with the month following the month of the sponsor's death; i.e., the month the sponsor dies is the last month in which sponsor-to-noncitizen deeming applies.

If the noncitizen has more than one sponsor, deeming continues from the remaining sponsor(s).

If there is no evidence that an affidavit of support (or similar document) was filed with the DHS in connection with the noncitizen's application for permanent residence, sponsor-to-noncitizen deeming does not apply.

If sponsor-to-noncitizen deeming does not apply because of the noncitizen's status (e.g., a refugee under section 207(c)(1) of the INA), copy or certify the Noncitizen's documentation of status for the file.

1. a. 

   Initial Claims

   If a noncitizen alleges a date of onset of blindness or disability after their date of admission as a permanent resident, pursue a disability determination unless the noncitizen will be denied for a non-medical reason. (See SI 01320.910B. and SI 01320.910C. for noncitizens excluded from sponsor-to-noncitizen deeming.)

   Follow the instructions in DI 11055.130 for annotating the Form SSA-831-U3 (Disability Determination and Transmittal).

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     Noncitizen is Over Age 65

     If payment is possible using the sponsor-to-noncitizen deeming rules and the individual is aged, adjudicate the application as an aged claim and obtain the disability decision postadjudicatively.

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     Noncitizen Under Age 65

     If payment is possible using the sponsor-to-noncitizen deeming rules and the individual alleges blindness or disability, classify the claim as “blind” or “disabled” and hold the case for a final disability decision.

     If the requirements for presumptive disability payments are met, initiate the presumptive payments and then hold the case for the final disability decision. Do not deem income or resources from the sponsor for the months of presumptive disability payments.

   • •

     Noncitizen is Ineligible Unless Blindness/Disability Onset is After Date of Admission for Permanent Residence

     Classify the claim as “blind” or “disabled” (regardless of the age of the noncitizen) and defer development of the claim until you receive a medical decision.

     If the noncitizen is found to be blind/disabled with an onset date later than the date the noncitizen is admitted for lawful permanent residence and sponsor-to-noncitizen deeming is on the record, remove the deemed income beginning with the later of:

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       the month of effective filing; or

       the month of onset.

2. b. 

   Posteligibility Situations

   If a noncitizen alleges blindness or disability after being found eligible as an aged noncitizen subject to sponsor-to-noncitizen deeming, do not obtain a new application. Develop the blindness/disability issue and submit the development to the Disability Determination Services (DDS).

   If the DDS establishes a date of onset after the date the noncitizen is admitted for lawful permanent residence, use DDS's written determination to document the exclusion from sponsor-to- noncitizen deeming. Remove any deemed income beginning with the later of:

   • •

     the month of effective filing; or

   • •

     the month of onset.

Document this exclusion with some record of the prior claim, e.g., a prior supplemental security income record, a copy of the prior application, a copy of the noncitizen's award or denial notice, or a microfiche.

Document this exclusion with evidence of spouse-to-spouse or parent-to-child deeming, or the noncitizen's status as a member of an eligible couple. (The file should already contain this evidence.)

If the noncitizen and the sponsor/eligible spouse separate or a sponsor/ineligible parent leaves the household, apply the policy in SI 01320.910C.3. and SI 01320.910C.4.

Verify that the noncitizen's admission was promoted by an organization by contacting DHS.

Verify that the noncitizen's admission was based on a guarantee of employment by contacting DHS.

Verify the death of the sponsor. If necessary, contact DHS to attempt to obtain proof of death if the noncitizen does not have, or cannot obtain, the proof. See GN 00304.001 ff. for proof of death requirements.

If the noncitizen alleges that they are not sponsored, verify this with DHS unless one of the exclusions in 1 - 7 above applies. (See SI 01320.915 D for an exception for special agricultural workers (SAW)/IRCA Noncitizens.)