Effective Dates: 10/09/2024 - Present Previous | Next

TN 40 (10-24)

SI 01320.900 Noncitizens Subject to Sponsor-to-Noncitizen Income Deeming

CITATIONS:

Social Security Act, sections 1614(f)(3) and 1621;
20 CFR 416.1160(a)(3) and (d); 416.1166a

SI 01320.900--Cross-refer to SI 00502.200.

A. Background

Noncitizens who seek admission to the United States must establish that they will not become “public charges.” Many noncitizens establish that they will not become public charges by having “sponsors” who pledge to support them. Since October 1980, the law has required that a sponsor's income and resources (and those of the sponsor's living-with spouse) be considered when determining a noncitizen's SSI eligibility and payment amount.

Sponsor-to-noncitizen deeming may apply regardless of whether the noncitizen and sponsor live in the same household. Also, sponsor-to-noncitizen deeming may apply regardless of whether or not the sponsor actually provides the noncitizen with any support.

NOTE: References throughout this section to “sponsor” also include the sponsor's spouse who lives in the same household with the sponsor.

B. Policy — general

1. Noncitizens Subject to Sponsor Deeming

A sponsored noncitizen lawfully admitted to the U.S. for permanent residence is subject to sponsor-to-noncitizen deeming unless an exclusion in SI 01320.910 applies.

Sponsor-to-noncitizen deeming applies to noncitizens who have lawful permanent resident status whether that status was granted at the time of entry into the U.S. or adjusted after entry.

EXAMPLE: An individual with a student visa allowing temporary U.S. residence asks the Department of Homeland Security (DHS) to change their status to permanent resident status. DHS approves the adjustment to permanent residence. If the individual has a sponsor, sponsor-to-noncitizen deeming, if applicable, begins with the month the individual's status was adjusted to that of permanent resident.

IMPORTANT: A noncitizen who is excluded by statute from sponsor-to-noncitizen deeming (see SI 01320.910B.) and whose status is adjusted to that of a permanent resident retains the statutory exclusion from sponsor deeming. For example, a change from refugee status to permanent resident status does not cause a noncitizen to lose their exemption from sponsor deeming.

2. "Sponsor" for Deeming Purposes

A sponsor is an individual who signs an “affidavit of support” agreeing to support a noncitizen as a condition of the noncitizen's admission for permanent residence in the U.S. The affidavit of support becomes part of the noncitizen's DHS file. A noncitizen may have more than one sponsor.

DHS may accept some other form or statement in lieu of the prescribed “affidavit of support” (INS Form I-134). If DHS considers a document to meet its criteria for an “affidavit of support,” so will SSA for purposes of sponsor-to-noncitizen deeming. (References throughout this section to “affidavit of support” are to Form I-134 or any other document meeting DHS' criteria).

For deeming purposes, a sponsor does not include an organization such as the congregation of a church or a service club, or an employer who only guarantees employment for a noncitizen upon entry to the U.S. but does not sign an affidavit of support.

C. Policy — sponsor-to-noncitizen deeming period

1. Deeming Period

a. October 1, 1980 Through December 31, 1993

If a noncitizen admitted to the U.S. for permanent residence has a sponsor and files for SSI after September 30, 1980 but prior to January 1, 1994, sponsor-to-noncitizen deeming applies for 3 years (36 months) following the noncitizen's date of lawful admission if the noncitizen's “3-year deeming period” ended by January 1, 1994.

If the noncitizen's “3-year period” did not end by January 1, 1994, the noncitizen is subject to up to 5 years of sponsor deeming (b. and c. below).

NOTE: A noncitizen who files for SSI in December 1993 (or has a protective filing date of December 1993) but who is first eligible for payment in January 1994 or later is subject to 3 years of sponsor deeming if the noncitizen's “3-year deeming period” ended by January 1, 1994.

b. January 1, 1994 Through September 30, 1996

From January 1, 1994 through September 30, 1996, the following noncitizens are subject to sponsor-to-noncitizen deeming for 5 years (60 months) following their dates of lawful admission to the U.S.

  • •

    A noncitizen who files for SSI on or after January 1, 1994.

  • •

    A noncitizen who refiles for SSI on or after January 1, 1994 after a prior period of SSI eligibility.

  • •

    A noncitizen eligible for SSI in December 1993 whose “3-year deeming period” (a. above) has not ended by January 1, 1994.

  • •

    A noncitizen whose eligibility is in suspense (but not terminated) in December 1993 (e.g., suspended for excess income or resources) but whose “3-year deeming period” (a. above) has not ended by January 1, 1994.

NOTE: If the noncitizen meets the above criteria, the “5-year” deeming rule applies even if the noncitizen's affidavit of support states that the affidavit is binding for only 3 years.

c. Effective October 1, 1996

Effective October 1, 1996, the sponsor-to-noncitizen deeming period will be 3 years (36 months) following the date of lawful admission to the U.S. in all cases.

If a sponsored noncitizen:

  • •

    files for SSI on or after October 1, 1996, sponsor-to-noncitizen deeming will apply for a period of 3 years following the date of lawful admission to the U.S.

  • •

    is on the SSI rolls (i.e., in current pay or suspense status) in September 1996 and the noncitizen's date of lawful admission is in October 1993 or earlier, sponsor-to-noncitizen deeming will not apply beginning with October 1, 1996. (This will be the case even if the noncitizen is still within the “5-year deeming period” as of October 1, 1996.)

  • •

    is on the SSI rolls in September 1996 and the noncitizen's date of lawful admission is in November 1993 or later, sponsor-to-noncitizen deeming will apply for 3 years following the date of lawful admission.

2. Month That Deeming Begins

Sponsor-to-noncitizen deeming begins with the month in which:

  • •

    a noncitizen is lawfully admitted into the U.S. for permanent residence (which is not necessarily the month in which the noncitizen physically enters the U.S); or

  • •

    a noncitizen's status is adjusted to permanent resident status.

NOTE: Either of these months may be later than the noncitizen's actual month of physical entry into the U.S. (the 50 States, District of Columbia, and Northern Mariana Islands).

Entry as a permanent resident or adjustment to permanent resident status can occur in any jurisdiction of the U.S., including its territories. A noncitizen's date of lawful admission is usually annotated on the noncitizen's passport or temporary I-551, or the noncitizen's permanent I-551 (Alien Registration Receipt Card). This date of lawful admission is the date SSA uses for deeming purposes, regardless of the date of the noncitizen's physical entry in the U.S.

3. Month That Deeming Ends

Sponsor-to-noncitizen deeming ends on the last day of the 36th or 60th consecutive month from the date of lawful admission, depending on the applicable deeming period (C.1. above).

EXAMPLE 1: A noncitizen subject to sponsor deeming filed for SSI in January 1993. The noncitizen's date of lawful admission to the U.S. was March 16, 1990.

Sponsor-to-noncitizen deeming applies for January and February 1993. (This example illustrates the policy in C.1.a. above.)

EXAMPLE 2: A nocitizen subject to sponsor deeming filed for SSI in June 1993. The noncitizen's date of lawful admission to the U.S. was October 10, 1991.

Sponsor-to-noncitizen deeming applies for the period of June 1993 through September 1996. (This example illustrates the policy in C.1.a. above.)

EXAMPLE 3: A noncitizen subject to sponsor deeming filed for SSI in September 1993. The noncitizen's date of lawful admission to the U.S. was December 13, 1990. The noncitizen's claim was denied due to excess deemed income from the sponsor.

The noncitizen refiles for SSI in February 1994. Sponsor-to-noncitizen deeming applies for the period of February 1994 through November 1995. (This example illustrates the policy in the second bullet of C.1.b. above.)

EXAMPLE 4: A noncitizen subject to sponsor deeming files for SSI on October 12, 1996. The noncitizen's date of lawful admission to the U.S. was January 5, 1995.

Sponsor-to-noncitizen deeming applies for the period of October 1996 through December 1997. (This example illustrates the policy in the first bullet of C.1.c. above.)

EXAMPLE 5: A noncitizen subject to sponsor deeming filed for SSI in June 1993. The noncitizen's date of lawful admission to the U.S. was October 3, 1992.

Sponsor-to-noncitizen deeming applies for the period of June 1993 through September 1996. (This example illustrates the policy in the second bullet of C.1.c. above.)

4. Multiple Deeming Periods

A noncitizen may be subject to more than one period of sponsor-to-noncitizen deeming.

If DHS revokes an individual's status as a lawful permanent resident but the individual is later readmitted as a permanent resident, sponsor-to-noncitizen deeming applies again. The new date of admission as a permanent resident, as assigned by DHS, begins a new deeming period. An I-551 issued by DHS upon the noncitizen's readmission into the U.S. and displaying a new date of admission is sufficient documentation to establish that the noncitizen's previous permanent resident status was revoked by DHS.

An absence from the U.S. (even if it results in suspension of SSI eligibility and payments) does not affect the calculation of the deeming period unless DHS revokes the noncitizen's permanent resident status.

EXAMPLE: The sponsored noncitizen was admitted as a permanent resident in June 1993 and files for SSI in October 1994. Sponsor-to-noncitizen deeming applies beginning October 1994.

In February 1995, the noncitizen loses permanent resident status (and SSI eligibility). However, DHS readmits the noncitizen as a permanent resident in December 1995. The noncitizen becomes eligible again for SSI in that month.

A new sponsor-to-noncitizen deeming period begins in December 1995 and ends in November 1998. (This example also illustrates the policy in the third bullet of C.1.c. above.)

D. Policy — multiple deeming situations

1. Deeming From More Than One Sponsor

If a noncitizen is sponsored by more than one individual (other than two sponsors who are married to each other and living together), the sponsor-to-noncitizen deeming rules are applied separately to the income of each sponsor to determine the total income deemable to the noncitizen.

2. Deeming From a Sponsor Who is Also Noncitizen's Spouse/Parent

If two deeming rules could apply to a noncitizen because the noncitizen's sponsor is also their ineligible spouse or parent who lives in the same household, the applicable spouse-to-spouse or parent-to-child deeming rules are used instead of the sponsor-to-noncitizen deeming rules.

NOTE: If the spouse-to-spouse or parent-to-child deeming rules cease to apply, the sponsor deeming rules begin to apply beginning with the month following the month the spousal or parental deeming rules last applied.

This may be the case, for example, if a noncitizen child attains age 18 or if either the sponsor who is the ineligible spouse or parent, or the noncitizen, moves to a separate household.

3. Deeming From Both a Sponsor and a Spouse or Parent

If a noncitizen has a sponsor and also has an ineligible spouse or parent who is not the sponsor and whose income can be deemed to the noncitizen, both the sponsor-to-noncitizen and spouse-to-spouse (or parent-to-child) deeming rules apply.

4. Sponsor Who Sponsors Two or More Noncitizens

If an individual sponsors two or more eligible noncitizens, none of whom are the spouse or child of the sponsor, then all of the sponsor's nonexcluded income is deemed to each noncitizen (as if each noncitizen were the only one being sponsored). The sponsor's income is not “divided” among the noncitizens. The sponsor-to-noncitizen deeming rules apply separately to each noncitizen.

5. Sponsor is Spouse/Parent of Another SSI Claimant/Recipient

If the sponsor is not the noncitizen's spouse or parent but is the ineligible spouse or parent of another SSI claimant or recipient, the sponsor-to-noncitizen deeming rules apply to the noncitizen, and the applicable spouse-to-spouse or parent-to-child deeming rules apply to the other claimant/recipient. The sponsor's income is not “divided” among the two SSI claimants/recipients. The applicable deeming rules apply separately to each eligible individual.

6. Only One Member of Couple is Sponsored

If only one member of a couple is sponsored, and that member is an ineligible spouse, sponsor-to-noncitizen deeming does not apply to the eligible member of the couple (nor would it be applicable to the ineligible member of the couple).

NOTE: In situations where only one member of an eligible couple has a sponsor and the amount of deemed income from that sponsor would make the two members ineligible as a couple, it may be more advantageous to the couple for the non-sponsored member to file as an individual with an ineligible spouse.

7. Both Members of Eligible Couple Have Same Sponsor

If both members of an eligible couple have the same sponsor, the sponsor's income is deemed to each member. The couple's countable income includes the sum of their deemed income amounts.

8. Each Member of Couple Has Different Sponsor

If each member of an eligible couple has a different sponsor, each sponsor's income is deemed to the appropriate member. The couple's income includes the sum of their deemed income amounts.

If only one member of a couple is SSI-eligible, or only one member chooses to file an SSI claim, then the eligible member is subject to spouse-to-spouse deeming from the ineligible spouse and sponsor-to-noncitizen deeming from the eligible member's sponsor.

E. Procedure

1. Date of Admission for Permanent Residence

Document the file with the noncitizen's date of admission for permanent residence. See GN 00303.440 for more information.

2. Sponsorship

Document the file with evidence of sponsorship. See SI 01320.915 for more information.

F. References

To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0501320900
SI 01320.900 - Noncitizens Subject to Sponsor-to-Noncitizen Income Deeming - 10/09/2024
Batch run: 10/09/2024
Rev:10/09/2024