Revision 17-2; Effective June 1, 2017

 

Generally, aliens who seek admission to the U.S. as lawful permanent residents must establish that they will not become "public charges." Many aliens establish that they will not become public charges by having sponsors pledge to support them by signing affidavits of support.

 

D-9100 Definition of Sponsor and Sponsored Alien

Revision 12-4; Effective December 1, 2012

 

A sponsored alien is an individual who has been sponsored by a person who signed an affidavit of support (USCIS Form I-864, Affidavit of Support Under Section 213A of the Act, or USCIS Form I-864-A, Contract Between Sponsor and Household Member) on or after Dec. 19, 1997, agreeing to support the alien as a condition of the alien's entry into the U.S.

A sponsor is someone who brings family-based or certain employment-based immigrants to the U.S. and demonstrates that he can provide enough financial support to the immigrant so the individual does not rely on public benefits.

 

D-9200 Sponsor-to-Alien Deeming Policy

Revision 16-3; Effective September 1, 2016

 

Note: Sponsor-to-alien deeming policy does not apply to individuals applying for Emergency Medicaid Coverage for Aliens. Please see Section A-2200 for more.

The applicant/recipient must first be eligible based on all eligibility criteria before proceeding with sponsor-to-alien deeming.

Keep in mind that most alien applicants who have sponsors will not be eligible aliens. One example of a sponsored alien who could be eligible (and subject to sponsor-to-alien deeming) is a sponsored legally admitted for permanent residence (LAPR) alien who is the spouse of a veteran of the U.S. Armed Forces.

Deeming of income and resources for the eligibility and copayment budgets apply regardless of whether:

  • the alien and sponsor live in the same household;
  • the income and resources are actually available to the alien; and
  • the type of assistance for which the alien is applying.

This is because the sponsor agreed to support the alien as a condition of the alien's admission to the U.S. when signing the affidavit of support.

If the alien's sponsor is the alien's ineligible spouse or parent, sponsor deeming, not spouse-to-spouse or parent-to-child deeming, applies in the case. If sponsor deeming does not apply, for instance the alien has 40 qualifying quarters or meets another exception in D-9220, then apply spouse-to-spouse or parent-to-child deeming.

The income and resources of the sponsor's spouse are included if the sponsor and his or her spouse live in the same household.

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

 

D-9210 Deeming Period

Revision 12-4; Effective December 1, 2012

 

The income and resources of an alien are deemed to include the income and resources of the alien's sponsor beginning from the alien's date of admission into the U.S.

The date of admission is the date established by the U.S. Citizenship and Immigration Services as the date the alien is admitted for permanent residence.

Deeming ceases to apply the month after the month:

  • the alien becomes a naturalized citizen of the U.S.;
  • the sponsor dies; or
  • the 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 quarters.

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

 

D-9220 Deeming Exceptions

Revision 12-4; Effective December 1, 2012

 

Sponsor-to-alien deeming does not apply to all aliens.

Deeming does not apply to aliens:

  • who were sponsored by an organization or are not required to have sponsors,
  • with 40 qualifying quarters,
  • with refugee status,
  • with asylee status,
  • whose deportation has been withheld.

Exceptions also apply when:

  • a qualified alien, a qualified alien's child or a qualified alien child's parent has been battered or subjected to extreme cruelty in the U.S., and
    • there is a substantial connection between the battery and the need for benefits, and
    • the individual subject to such battery or cruelty does not live in the same household with the individual responsible for the cruelty or battery, and
    • the Department of Homeland Security (DHS) or the Executive Office for Immigration Review (EOIR) has approved the alien's petition, or has found that the alien's pending petition sets forth a prima facie case, under one of the provisions of the Immigration and Naturalization Act (INA).

      Note: When the battery exception is allowed, deeming can be suspended for 12 months. After 12 months, the exception can be continued only under certain specified conditions and on a case-by-case basis.
  • sponsor deeming results in denial and the alien is unable to obtain both food and shelter. In determining whether the alien is unable to obtain both food and shelter, consider:
    • all of the alien's own income and resources (including income excluded when determining eligibility); and
    • any cash, food, housing or other assistance provided by other individuals (including the sponsor).

    When deeming is suspended under this exception, the only income from the sponsor that is included as the alien's income is the amount of cash or support and maintenance the alien actually receives from the sponsor. A sponsor's resources are considered to be the alien's resources only if the alien has an ownership interest in them, can convert them (if not cash), and is not restricted from using them.

    The sponsor may be liable for repayment of benefits received by the alien applicant/recipient when deeming is suspended under this exception.

    Note: When this exception is allowed, deeming is suspended for 12 consecutive months. Multiple occurrences of this exception are permissible.

 

D-9230 Providing Verification of Alien Sponsor's Income and Resources

Revision 12-4; Effective December 1, 2012

 

When sponsor-to-alien deeming applies, the alien is responsible for providing

  • a copy of the sponsor's affidavit of support (USCIS Form I-864 or USCIS Form I-864A); or
  • name, address and phone number of sponsor and any co-sponsor(s);
  • verification of the sponsor's and sponsor's spouse's income and resources; and
  • the number of tax dependents claimed by sponsor and sponsor's spouse.

Reminder: Sponsor's spouse's information is required when he is the co-sponsor or lives in the same household as the sponsor.

If the alien fails to provide the requested sponsor verification by the required date, deny the application based on failure to furnish information.

Note: Normal verification procedures apply. For instance, if the type of assistance allows for acceptance of verbal statements as verification, accept the applicant/recipient's declaration for the required information.

 

D-9300 Sponsor-to-Alien Resource Deeming

Revision 12-4; Effective December 1, 2012

 

Evaluate the resources of an alien's sponsor and the sponsor's spouse (if living in the same household). Before deeming a sponsor's resources to an alien, allow the same exclusions to the sponsor's resources as for the applicant/recipient.

Next, allocate for the sponsor or for the sponsor and his spouse a portion of the resources. The amount of the allocation is based on the following.

  • Sponsor Does Not Live With a Spouse or Spouse is the Applicant/Recipient – equal to the SSI resource limit for an individual.
  • Sponsor Lives With a Spouse and Spouse is Not Alien's Sponsor – equal to the SSI resource limit for a couple.
  • Sponsor Lives With a Spouse and Spouse is Also a Sponsor of the Alien – equal to the SSI resource limit for two individuals (twice the SSI individual limit).

Add the remainder to the alien's countable resources. If both members of an eligible couple have the same sponsor, the entire amount of the sponsor's resources is deemed to each member. The couple's countable resources include the sum of their deemed resource amounts.

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

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

 

D-9310 Examples of Sponsor-to-Alien Resource Deeming

Revision 12-4; Effective December 1, 2012

 

Example 1: Sponsor does not live with spouse

After applying all applicable resource exclusions, the specialist determines the sponsor has $3,200 in countable resources. The current resource limit for an individual is $2,000.

$1,200 ($3,200-$2,000) of the sponsor's resources is deemed to the alien.

Example 2: Sponsor lives with non-sponsor spouse

After applying all applicable resource exclusions, the specialist determines the sponsor and sponsor's spouse have combined countable resources of $3,500. The current resource limit for a couple is $3,000.

$500 ($3,500-$3,000) of the sponsor's and sponsor's spouse's resources is deemed to the alien.

Example 3: Sponsor lives with spouse, who is also alien's sponsor

After applying all applicable resource exclusions, the specialist determines the sponsor and sponsor's spouse have combined countable resources of $3,500. The current resource limit for an individual is $2,000.

None of the sponsor's and sponsor's spouse's resources are deemed to the alien, since their value is under $4,000 (twice the individual resource limit of $2,000).

 

D-9400 Sponsor-to-Alien Income Deeming

Revision 15-4; Effective December 1, 2015

 

Evaluate the earned and unearned income of an alien's sponsor and the sponsor's spouse (if living in the same household). Unlike the treatment of resources, the sponsor's income does not receive the same income exclusions given to an applicant.

Include all the income of a sponsor of an alien and, when applicable, the income of the spouse of the sponsor, except for support and maintenance assistance and income excluded under federal laws other than the Social Security Act. See D-9500, Income Excluded from Sponsor-to-Alien Deeming, for a list of this excluded income.

Allocations are given to the sponsor and the sponsor's dependents, if applicable. A dependent is defined as someone for whom the sponsor is entitled to take a deduction on his personal income tax return.

Exception: An alien and an alien's spouse are not considered to be dependents of the alien's sponsor for the purposes of these rules.

The dependent's income is not subtracted from the dependent's allocation.

Next, deduct allocations for the sponsor and the sponsor's dependents as follows:

  • an amount equal to the federal benefit rate (FBR) for an individual for the sponsor;
  • an amount equal to one-half the FBR for an individual for the spouse living in the same household with the sponsor or an amount equal to the FBR for an individual for the spouse who is also a co-sponsor (spouse allocation is not applicable if the spouse is the applicant/recipient); plus
  • an amount equal to one-half the FBR for an individual for each dependent of the sponsor. (If both members of a couple are sponsors, only one allocation is given for each dependent even if the person is a dependent of both spouses.)

Deem the balance of the income to the alien as unearned income. 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.

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

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

Note: When the sponsor's income is deemed to the alien applicant/recipient, cash, support and maintenance provided by the sponsor are not counted as income unless the indigence exception is granted. See D-9220, Deeming Exceptions.

 

D-9410 Examples of Sponsor-to-Alien Income Deeming

Revision 17-2; Effective June 1, 2017

 

Example 1: Sponsor lives with non-sponsor spouse and children; only sponsor has income.

An alien applicant has no income, and the sponsor has monthly earned income of $3,300 and unearned income of $70. The sponsor's dependents (spouse and three children) have no income.

Add the sponsor's earned and unearned income for a total of $3,370 and apply the allocations for the sponsor and his dependents.

Total allocations equal $2,205: $735 (FBR for an individual) for the sponsor + $367.50 (one-half the FBR for an individual) for the non-sponsor spouse + $1,102.50 (one-half the FBR for an individual, $367.50 each) for the sponsor's three children.

Deduct the allocation amount of $2,205 from the sponsor's total income of $3,370, which leaves $1,165 to be deemed to the alien as his unearned income. This amount is subject to the $20 general income exclusion when determining his eligibility.

Example 2: Sponsor lives with non-sponsor spouse and children; both sponsor and spouse have income.

An alien couple with no income applies for benefits. The sponsor has earned income of $2,350, and the non-sponsor spouse has earned income of $450. Their two children have no income.

Combine the sponsor's and spouse's income for a total of $2,800 ($2,350+$450) and apply the allocations for the sponsor and his dependents.

Total allocations equal $1,837.50: $735 (FBR for an individual) for the sponsor + $367.50 (one-half the FBR for an individual) for the non-sponsor spouse + $735 (one-half the FBR for an individual, $367.50 each) for the sponsor's two children.

Deduct the allocation amount of $1,837.50 from the sponsor's and spouse's total income of $2,800, which leaves $962.50. This amount must be deemed independently to each applicant. The $1,925 deemed income ($962.50 each) is unearned income to the alien couple and is subject to the $20 general income exclusion when determining the couple's eligibility.

Example 3: Sponsor lives with spouse, who is also alien's sponsor, and children; both sponsors have income.

An alien couple with no income is applying for benefits. The sponsor has earned income of $2,350, and the co-sponsor, who lives with him, has earned income of $650. Their two children have no income.

Combine the sponsor's and co-sponsor's income for a total of $3,000 ($2,350 + $650) and apply the allocations for the sponsors and dependents.

Total allocations equal $2,205: $1,470 (two times the FBR for an individual, $735 each) for the sponsor and co-sponsor + $735 (one-half the FBR for an individual, $367.50 each) for the two children.

Deduct the allocation amount of $2,205 from the sponsors' total income of $3,000, which leaves $795. This amount must be deemed independently to each applicant. The $1,590 deemed income ($795 each) is unearned income to the alien couple and is subject to the $20 general income exclusion when determining the couple's eligibility.

Note: Examples may not reflect the most current FBR amounts.

 

D-9500 Income Excluded from Sponsor-to-Alien Deeming

Revision 12-4; Effective December 1, 2012

 

 

D-9510 Food

Revision 12-4; Effective December 1, 2012

 

  • Value of food coupons under the Food Stamp Act of 1977, Section 1301 of Pub. L. 95-113 (91 Stat. 968, 7 USC 2017(b)).
  • Value of federally donated foods distributed under Section 32 of Pub. L. 74-320 (49 Stat. 774) or Section 416 of the Agriculture Act of 1949 (63 Stat. 1058, 7 CFR 250.6(e)(9)).
  • Value of free or reduced-price food for women and children under the:
    • Child Nutrition Act of 1966, Section 11(b) of Pub. L. 89-642 (80 Stat. 889, 42 USC 1780(b)) and Section 17 of that Act as added by Pub. L. 92-433 (86 Stat. 729, 42 USC 1786); and
    • National School Lunch Act, Section 13(h)(3), as amended by Section 3 of Pub. L. 90-302 (82 Stat. 119, 42 USC 1761(h)(3)).
  • Services, except for wages paid to residents who assist in providing congregate services such as meals and personal care, provided a resident of an eligible housing project under a congregate services program under Section 802 of the Cranston-Gonzales National Affordable Housing Act, Public Law 101-625 (104 Stat. 4313, 42 USC 8011).

 

D-9520 Housing and Utilities

Revision 12-4; Effective December 1, 2012

 

  • Assistance to prevent fuel cut-offs and to promote energy efficiency under the Emergency Energy Conservation Services Program or the Energy Crisis Assistance Program as authorized by Section 222(a)(5) of the Economic Opportunity Act of 1964, as amended by Section 5(d)(1) of Pub. L. No. 93-644 and Section 5(a)(2) of Pub. L. 95-568 (88 Stat. 2294 as amended, 42 USC 2809(a)(5)).
  • Home energy assistance payments or allowances under title XXVI of the Omnibus Budget Reconciliation Act of 1981, Public Law 97-35, as amended (42 USC 8624(f)).

    Note: This exclusion applies to a sponsor's income only if the alien is living in the housing unit for which the sponsor receives the home energy assistance payments or allowances.
  • Value of any assistance paid with respect to a dwelling unit under:
    • the United States Housing Act of 1937;
    • the National Housing Act;
    • Section 101 of the Housing and Urban Development Act of 1965; or
    • Title V of the Housing Act of 1949.

    Note: This exclusion applies to a sponsor's income only if the alien is living in the housing unit for which the sponsor receives the housing assistance.
  • Payments for relocating, made to persons displaced by federal or federally assisted programs, which acquire real property, under Section 216 of Pub. L. 91-646, the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (84 Stat. 1902, 42 USC 4636).

 

D-9530 Education and Employment

Revision 12-4; Effective December 1, 2012

 

  • Grants or loans to undergraduate students made or insured under programs administered by the Secretary of Education under Section 507 of the Higher Education Amendments of 1968, Pub. L. 90-575 (82 Stat. 1063).
  • Any wages, allowances or reimbursement for transportation and attendant care costs, unless excepted on a case-by-case basis, when received by an eligible handicapped individual employed in a project under title VI of the Rehabilitation Act of 1973 as added by title II of Pub. L. 95-602 (92 Stat. 2992, 29 USC 795(b)(c)).
  • Student financial assistance for attendance costs received from a program funded in whole or in part under Title IV of the Higher Education Act of 1965, as amended, or under Bureau of Indian Affairs student assistance programs if it is made available for tuition and fees normally assessed a student carrying the same academic workload, as determined by the institution, including costs for rental or purchase of any equipment, materials or supplies required of all students in the same course of study and an allowance for books, supplies, transportation and miscellaneous personal expenses for a student attending the institution on at least a half-time basis, as determined by the institution, under Section 14(27) of Public Law 100-50, the Higher Education Technical Amendments Act of 1987 (20 USC 1087uu).

 

D-9540 Native Americans

Revision 12-4; Effective December 1, 2012

 

  • Types of Payments Excluded Without Regard to Specific Tribes or Groups
    • Indian judgment funds that are held in trust by the Secretary of the Interior or distributed per capita pursuant to a plan prepared by the Secretary of the Interior and not disapproved by a joint resolution of Congress under Public Law 93-134 as amended by Section 4 of Public Law 97-458 (96 Stat. 2513, 25 USC 1408). Indian judgment funds include interest and investment income accrued while such funds are so held in trust. This exclusion extends to initial purchases made with Indian judgment funds. This exclusion does not apply to sales or conversions of initial purchases or to subsequent purchases.

      Note: This exclusion applies to the income of sponsors of aliens only if the alien lives in the sponsor's household.
    • All funds held in trust by the Secretary of the Interior for an Indian tribe and distributed per capita to a member of that tribe are excluded from income under Public Law 98-64 (97 Stat. 365, 25 USC 117b). Funds held by Alaska Native Regional and Village Corporations (ANRVC) are not held in trust by the Secretary of the Interior and therefore ANRVC dividend distributions are not excluded from countable income under this exclusion.

      Note: This exclusion applies to the income of sponsors of aliens only if the alien lives in the sponsor's household.
    • Up to $2,000 per year received by Indians that is derived from individual interests in trust or restricted lands under Section 13736 of Public Law 103-66 (107 Stat. 663, 25 USC 1408, as amended).
  • Payments to Members of Specific Indian Tribes and Groups
    • Per capita payments to members of the Red Lake Band of Chippewa Indians from the proceeds of the sale of timber and lumber on the Red Lake Reservation under Section 3 of Public Law 85-794 (72 Stat. 958).
    • Per capita distribution payments by the Blackfeet and Gros Ventre tribal governments to members that resulted from judgment funds to the tribes under Section 4 of Public Law 92-254 (86 Stat. 65) and under Section 6 of Public Law 97-408 (96 Stat. 2036).
    • Settlement fund payments and the availability of such funds to members of the Hopi and Navajo Tribes under Section 22 of Public Law 93-531 (88 Stat. 1722) as amended by Public Law 96-305 (94 Stat. 929).

      Note: This exclusion applies to the income of sponsors of aliens only if the alien lives in the sponsor's household.
    • Judgment funds distributed per capita to, or held in trust for, members of the Sac and Fox Indian Nation, and the availability of such funds under Section 6 of Public Law 94-189 (89 Stat. 1094).

      Note:This exclusion applies to the income of sponsors of aliens only if the alien lives in the sponsor's household.
    • Judgment funds distributed per capita to, or held in trust for, members of the Grand River Band of Ottawa Indians, and the availability of such funds under Section 6 of Public Law 94-540 (90 Stat. 2504).

      Note: This exclusion applies to the income of sponsors of aliens only if the alien lives in the sponsor's household.
    • Any judgment funds distributed per capita to members of the Confederated Tribes and Bands of the Yakima Indian Nation or the Apache Tribe of the Mescalero Reservation under Section 2 of Public Law 95-433 (92 Stat. 1047, 25 USC 609c-1).
    • Any judgment funds distributed per capita or made available for programs for members of the Delaware Tribe of Indians and the absentee Delaware Tribe of Western Oklahoma under Section 8 of Public Law 96-318 (94 Stat. 971).
    • All funds and distributions to members of the Passamaquoddy Tribe, the Penobscot Nation and the Houlton Band of Maliseet Indians under the Maine Indian Claims Settlement Act, and the availability of such funds under Section 9 of Public Law 96-420 (94 Stat. 1795, 25 USC 1728(c)).

      Note: This exclusion applies to the income of sponsors of aliens only if the alien lives in the sponsor's household.
    • Any distributions of judgment funds to members of the San Carlos Apache Indian Tribe of Arizona under Section 7 of Public Law 93-134 (87 Stat. 468) and Public Law 97-95 (95 Stat. 1206).

      Note:This exclusion applies to the income of sponsors of aliens only if the alien lives in the sponsor's household.
    • Any distribution of judgment funds to members of the Wyandot Tribe of Indians of Oklahoma under Section 6 of Public Law 97-371 (96 Stat. 1814).
    • Distributions of judgment funds to members of the Shawnee Tribe of Indians (Absentee Shawnee Tribe of Oklahoma, the Eastern Shawnee Tribe of Oklahoma and the Cherokee Band of Shawnee descendants) under Section 7 of Public Law 97-372 (96 Stat. 1816).
    • Judgment funds distributed per capita or made available for programs for members of the Miami Tribe of Oklahoma and the Miami Indians of Indiana under Section 7 of Public Law 97-376 (96 Stat. 1829).
    • Distributions of judgment funds to members of the Clallam Tribe of Indians of the State of Washington (Port Gamble Indian Community, Lower Elwha Tribal Community and the Jamestown Band of Clallam Indians) under Section 6 of Public Law 97-402 (96 Stat. 2021).
    • Judgment funds distributed per capita or made available for programs for members of the Pembina Chippewa Indians (Turtle Mountain Band of Chippewa Indians, Chippewa Cree Tribe of Rocky Boy's Reservation, Minnesota Chippewa Tribe, Little Shell Band of the Chippewa Indians of Montana, and the nonmember Pembina descendants) under Section 9 of Public Law 97-403 (96 Stat. 2025).
    • Per capita distributions of judgment funds to members of the Assiniboine Tribe of Fort Belknap Indian Community and the Papago Tribe of Arizona under Sections 6 and 8(d) of Public Law 97-408 (96 Stat. 2036, 2038).
    • Up to $2,000 of per capita distributions of judgment funds to members of the Confederated Tribes of the Warm Springs Reservation under Section 4 of Public Law 97-436 (96 Stat. 2284).

      Note: This exclusion applies to the income of sponsors of aliens only if the alien lives in the sponsor's household.
    • Judgment funds distributed to the Red Lake Band of Chippewa Indians under Section 3 of Public Law 98-123 (97 Stat. 816).
    • Funds distributed per capita or family interest payments for members of the Assiniboine Tribe of Fort Belknap Indian Community of Montana and the Assiniboine Tribe of the Fort Peck Indian Reservation of Montana under Section 5 of Public Law 98-124 (97 Stat. 818).
    • Distributions of judgment funds and income derived therefrom to members of the Shoalwater Bay Indian Tribe under Section 5 of Public Law 98-432 (98 Stat. 1672).
    • All distributions to heirs of certain deceased Indians under Section 8 of the Old Age Assistance Claims Settlement Act, Public Law 98-500 (98 Stat. 2319).

      Note: This exclusion applies to the income of sponsors of aliens only if the alien lives in the sponsor's household.
    • Judgment funds distributed per capita or made available for any tribal program for members of the Wyandotte Tribe of Oklahoma and the Absentee Wyandottes under Section 106 of Public Law 98-602 (98 Stat. 3151).
    • Per capita and dividend payment distributions of judgment funds to members of the Santee Sioux Tribe of Nebraska, the Flandreau Santee Sioux Tribe, the Prairie Island Sioux, Lower Sioux, and Shakopee Mdewakanton Sioux Communities of Minnesota under Section 8 of Public Law 99-130 (99 Stat. 552) and Section 7 of Public Law 93-134 (87 Stat. 468), as amended by Public Law 97-458 (96 Stat. 2513; 25 USC 1407).
    • Funds distributed per capita or held in trust for members of the Chippewas of Lake Superior and the Chippewas of the Mississippi under Section 6 of Public Law 99-146 (99 Stat. 782).
    • Distributions of claims settlement funds to members of the White Earth Band of Chippewa Indians as allottees, or their heirs, under Section 16 of Public Law 99-264 (100 Stat. 70).
    • Payments or distributions of judgment funds, and the availability of any amount for such payments or distributions, to members of the Saginaw Chippewa Indian Tribe of Michigan under Section 6 of Public Law 99-346 (100 Stat. 677).

      Note: This exclusion applies to the income of sponsors of aliens only if the alien lives in the sponsor's household.
    • Judgment funds distributed per capita or held in trust for members of the Chippewas of Lake Superior and the Chippewas of the Mississippi under Section 4 of Public Law 99-377 (100 Stat. 805).
    • Judgment funds distributed to members of the Cow Creek Band of Umpqua Tribe of Indians under Section 4 of Public Law 100-139 (101 Stat. 822).
    • Per capita payments of claims settlement funds to members of the Coushatta Tribe of Louisiana under Section 2 of Public Law 100-411 (102 Stat. 1097) and Section 7 of Public Law 93-134 (87 Stat. 468), as amended by Public Law 97-458 (96 Stat. 2513; 25 USC 1407).

      Note: This exclusion applies to the income of sponsors of aliens only if the alien lives in the sponsor's household.
    • Funds distributed per capita for members of the Hoopa Valley Indian Tribe and the Yurok Indian Tribe under Sections 4, 6 and 7 of Public Law 100-580 (102 Stat. 2929, 2930, 2931) and Section 3 of Public Law 98-64 (97 Stat. 365; 25 USC 117b).

      Note: This exclusion applies to the income of sponsors of aliens only if the alien lives in the sponsor's household.
    • Judgment funds held in trust by the United States, including interest and investment income accruing on such funds, and judgment funds made available for programs or distributed to members of the Wisconsin Band of Potawatomi (Hannahville Indian Community and Forest County Potawatomi) under Section 503 of Public Law 100-581 (102 Stat. 2945)

      Note: This exclusion applies to the income of sponsors of aliens only if the alien lives in the sponsor's household.
    • Judgment funds distributed per capita, or held in trust, or made available for programs, for members of the Seminole Nation of Oklahoma, the Seminole Tribe of Florida, the Miccosukee Tribe of Indians of Florida and the independent Seminole Indians of Florida under Section 8 of Public Law 101-277 (104 Stat. 145).

      Note: This exclusion applies to the income of sponsors of aliens only if the alien lives in the sponsor's household.
    • Per capita distributions of settlement funds under Section 102 of the Fallon Paiute Shoshone Indian Tribes Water Rights Settlement Act of 1990, Public Law 101-618 (104 Stat. 3289) and Section 7 of Public Law 93-134 (87 Stat. 468), as amended by Public Law 97-458 (96 Stat. 2513; 25 USC 1407).
    • Settlement funds, assets, income, payments, or distributions from Trust Funds to members of the Catawba Indian Tribe of South Carolina under Section 11(m) of Public Law 103-116 (107 Stat. 1133).
    • Settlement funds held in trust (including interest and investment income accruing on such funds) for, and payments made to, members of the Confederated Tribes of the Colville Reservation under Section 7(b) of Public Law 103-436 (108 Stat. 4579).

      Note: This exclusion applies to the income of sponsors of aliens only if the alien lives in the sponsor's household.
    • Judgment funds distributed under Section 111 of the Michigan Indian Land Claims Settlement Act, (Pub. L. 105-143, 111 Stat. 2665).
    • Judgment funds distributed under Section 4 of the Cowlitz Indian Tribe Distribution of Judgment Funds Act, (Pub. L. 108-222, 118 Stat. 624).
  • Receipts from Lands Held in Trust for Certain Tribes or Groups—
    • Receipts from land held in trust by the federal government and distributed to members of certain Indian tribes under Section 6 of Public Law 94-114 (89 Stat. 579, 25 USC 459e).

      Note: This exclusion applies to the income of sponsors of aliens only if the alien lives in the sponsor's household.
    • Receipts derived from trust lands awarded to the Pueblo of Santa Ana and distributed to members of that tribe under Section 6 of Public Law 95-498 (92 Stat. 1677).
    • Receipts derived from trust lands awarded to the Pueblo of Zia of New Mexico and distributed to members of that tribe under Section 6 of Public Law 95-499 (92 Stat. 1680).

 

D-9550 Other

Revision 12-4; Effective December 1, 2012

 

  • Any assistance to an individual (other than wages or salaries) under the Older Americans Act of 1965, as amended by Section 102(h)(1) of Pub. L. 95-478 (92 Stat. 1515, 42 USC 3020a).
  • Amounts paid as restitution to certain individuals of Japanese ancestry and Aleuts for losses suffered as a result of evacuation, relocation, and internment during World War II, under the Civil Liberties Act of 1988 and the Aleutian and Pribilof Islands Restitution Act, Sections 105(f) and 206(d) of Public Law 100-383 (50 USC App. 1989 b and c).
  • Payments made on or after Jan. 1, 1989, from the Agent Orange Settlement Fund or any other fund established pursuant to the settlement in the In Re Agent Orange product liability litigation, MDL No. 381 (E.D.N.Y.) under Public Law 101-201 (103 Stat. 1795) and Section 10405 of Public Law 101-239 (103 Stat. 2489).
  • Payments made under Section 6 of the Radiation Exposure Compensation Act, Public Law 101-426 (104 Stat. 925, 42 USC 2210).
  • The value of any child care provided or arranged (or any payment for such care or reimbursement for costs incurred for such care) under the Child Care and Development Block Grant Act, as amended by Section 8(b) of Public Law 102-586 (106 Stat. 5035).
  • Payments made to individuals because of their status as victims of Nazi persecution excluded pursuant to Section 1(a) of the Victims of Nazi Persecution Act of 1994, Public Law 103-286 (108 Stat. 1450).
  • Any matching funds from a demonstration project authorized by the Community Opportunities, Accountability, and Training and Educational Services Act of 1998 (Pub. L. 105-285) and any interest earned on these matching funds in an Individual Development Account, pursuant to Section 415 of Pub. L. 105-285 (112 Stat. 2771).
  • Any earnings, Temporary Assistance for Needy Families matching funds, and interest in an Individual Development Account, pursuant to Section 103 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Pub. L. 104-193, 42 USC 604(h)(4)).
  • Payments made to individuals who were captured and interned by the Democratic Republic of Vietnam as a result of participation in certain military operations, pursuant to Section 606 of the Departments of Labor, Health and Human Services and Education and Related Agencies Appropriations Act of 1996 (Pub. L. 105-78).
  • Payments made to certain Vietnam veterans' children with spina bifida, pursuant to Section 421 of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act of 1997 (Pub. L. 104-204, 38 USC 1805(a)).
  • Payments made to the children of female Vietnam veterans who suffer from certain birth defects, pursuant to Section 401 of the Veterans Benefits and Health Care Improvement Act of 2000 (Pub. L. 106-419 (38 USC 1833(c)).
  • Payments of the refundable child tax credit made under Section 24 of the Internal Revenue Code of 1986, pursuant to Section 203 of the Economic Growth and Tax Relief Reconciliation Act of 2001, Public Law 107-16 (115 Stat. 49, 26 USC 24 note).
  • Assistance provided for flood mitigation activities as provided under Section 1324 of the National Flood Insurance Act of 1968, pursuant to Section 1 of Public Law 109-64 (119 Stat. 1997, 42 USC 4031).
  • Payments made to individuals under the Energy Employees Occupational Illness Compensation Program Act of 2000, pursuant to Section 1 [Div. C, Title XXXVI Section 3646] of Public Law 106-398 (114 Stat. 1654A-510, 42 USC 7385e).

 

D-9600 Notification Requirements

Revision 12-4; Effective December 1, 2012

 

If deeming income or resources from a sponsor results in the alien being found:

Ineligible — indicate on the notice that the denial was a result of deeming income or deeming resources from the alien's sponsor.

Eligible — indicate on the notice that the sponsor(s) may be liable for repayment of benefits received by the alien applicant/recipient.