Among the categories of aliens potentially eligible to receive SSI, those who are not required to have sponsors include most aliens:

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  with refugee status, see SI 00502.100; or

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  with asylee status, see SI 00502.100; or

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  whose deportations have been withheld under section 243(h) of the Immigration and Nationality Act (INA) (as it existed before 4/1/1997) or whose removals have been withheld under section 241(b)(3) of the INA (after 3/31/1997), see SI 00502.100; or

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  who are self-petitioned.

Aliens who meet the battery exception in SI 00502.116 may be exempt from sponsor deeming for 12 months. The exemption may continue after 12 months ONLY under certain specified conditions. See SI 00502.116 for instructions on applying this exception.

Aliens for whom non-receipt of, or reduction in SSI would cause indigence may be exempt from sponsor deeming. This exception generally only applies for 12 months for both initial claims and post-eligibility situations. See SI 00502.280 for instructions on applying this exception.

Sponsor deeming does not apply when a lawfully admitted for permanent residence (LAPR) alien can be credited with 40 QQs. Therefore, ceases when a LAPR alien who is SSI-eligible attains 40 QQs. (See SI 00502.135 for instructions on the 40 QQ exception.)

Deeming ceases to apply the month after the month the:

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  alien becomes a naturalized citizen of the United States (GN 00303.100 and GN 00303.120A.9.); or

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  sponsor dies (if the sponsor's spouse dies deeming does not cease); or

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  alien is no longer LAPR and has departed the U.S.

Deeming ceases to apply in the month the LAPR alien can be credited with 40 QQs. (See SI 00502.135 for when QQs earned by a spouse or parent can be counted as the alien’s QQs.)

If none of the above events occurs, deeming continues indefinitely.

REMEMBER: Even if deeming is to be stopped, include any deemed income in the budget month computation, using the RMA rules, when determining the SSI payment amount.

Verify sponsorship for all alien claimants who are eligible for SSI. To be eligible for SSI, an alien claimant must meet the basic eligibility requirements in SI 00501.001.B and the alien eligibility requirements in SI 00502.100.

IMPORTANT: Sponsorship is not a factor of SSI eligibility. Therefore, an alien who has a sponsor is not automatically eligible or ineligible for SSI. As long as the alien claimant meets all factors of SSI eligibility (e.g., be aged, blind, or disabled; have income and resources within the allowable limits and meets the SSI alien eligibility requirements), they can be paid SSI.

See SI 00502.215C for a list of immigration codes that may indicate the alien was sponsored under a new version affidavit.

Do not develop sponsorship for:

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  Any month in which an alien is ineligible for SSI for a reason other than deeming (e.g., alien is ineligible because of the alien's own income and resources).

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  Aliens who meet the conditions for exceptions to sponsorship listed in SI 00502.240D above.

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  Aliens who would be ineligible based on their own income and resources.

Verify sponsorship for all other qualified aliens who are otherwise eligible for SSI and subject to deeming.

NOTE: For aged aliens who need a disability determination, do not defer development of sponsorship pending the disability decision.

Request sponsorship information about the alien from DHS/USCIS via the Systematic Alien Verification for Entitlements (SAVE) program using the following steps:

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  Initiate a SAVE Initial Verification.

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  Enter the requested information as prompted and select SSI as the benefit the applicant is requesting.

Since SSI is a federal means-tested public benefit, if sponsor information from a legally enforceable affidavit of support is available, SAVE will electronically return a response that includes the sponsor's:

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  First and last name and middle initial,

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  Social Security Number, and

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  Address.

If SAVE has no sponsorship information, then “Not Applicable” will be displayed in the “Sponsors” section of the Case Details page in SAVE.

In some situations, the SAVE initial verification response may instruct you to institute Additional Verification if you need sponsor information. In these situations, institute an Additional Verification with a note in the "Special Comments" field specifically requesting sponsor information.

IMPORTANT: If the SAVE response includes sponsor information, then the screen will also include an "Answer Sponsorship Compliance Questions" button that contains sponsor deeming and agency reimbursement questions. DO NOT SELECT THIS BUTTON AND DO NOT ANSWER THESE QUESTIONS. SSA does not have legal authority to provide answers to these questions. You do not need to complete these compliance questions to verify sponsor information.

NOTE: DHS forms G-845 and G-845 Supplement are obsolete. Therefore all of the specialized information previously available on these paper forms are now available electronically in SAVE during a case verification query. The "Additional Request" feature in SAVE replaces the paper G-845 Supplement.

1. a. 

   Battery Exception

   Cases where the battery exception would apply are sensitive and require tactful handling. For sponsor-to-alien deeming to be suspended due to the battery exception:

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     a qualified alien, a qualified alien’s child, or the parent of a qualified alien child that has been battered or subjected to extreme cruelty by a spouse, parent, or other member of the family living in the same household as the alien, and in the case of a qualified alien whose child is abused, the alien did not participate in the abuse, and

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     there is a substantial connection between the battery and the need for benefits, and

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     the abusive act(s) must have taken place while the alien was in the United States, but the individual subject to such battery or cruelty must not currently reside in the same household with the individual responsible for the cruelty or battery.

   If battery or extreme cruelty is alleged and it appears the exception might apply, develop the battery exception following the guidelines in SI 00502.116.

2. b. 

   Indigence Exception

   Cases where the indigence exception would apply are sensitive and require tactful handling.

   To determine if the indigence exception should be developed, discuss deeming provisions and the exceptions with the alien. Explain to the alien that SSA considers the sponsor’s income and resources to be the alien's income and resources in determining eligibility and computing payment. Briefly explain when the indigence exception applies based on the criteria of SI 00502.280. If it appears the exception might apply, follow the guidelines in SI 00502.280.

Follow the instructions in SI 01320.920.

Apply the policies in SI 01320.940 - SI 01320.950 and SI 01330.500 to determine the amount of deemed income and resources.

MSSICS cannot process cases where deeming under the new version affidavit will apply. Input manually the sponsor’s deemed income as Type V unearned income (see SM 01005.195 for initial claims input and SM 01305.330 for posteligibility input). Also, input the appropriate sponsor deeming code to the AR field (see SM 01005.630).

The notice in a case involving deeming under the new version affidavit cannot be automated. Suppress the automated notice (see MS 00302.018, SM 01005.535 or SM 01301.675) and prepare a manual notice including a general description of deeming under the new version affidavit. Remember to fax the manual notice into NDRed.

NOTE: The language that describes the effect of deeming (e.g., paragraphs 1234 and 1248) is unchanged. See SI 00502.550A for additional language to be included in the notice to the alien.

Follow instructions in GN 02230.055A.6. for posting the sponsor's repayment debt and instructions in GN 02403.006 (Field Office) and OS 00501.012 (Processing Center) for processing the sponsor's repayment. Follow instructions in SI 02220.065 for recovery of sponsored alien's SSI payment from the sponsor.