Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 301 - SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP) RULES › FS-400's › 400 - HOUSEHOLDS WITH SPECIAL CIRCUMSTANCES › Section 144-301-400-FS 444-1 - Sponsored Aliens

Current through 2024-29, July 17, 2024
GENERAL RULE
Aliens must verify U.S.
						residency and have eligibility determined according to the rules in FS
						111-2.
DEFINITIONS:
1. A sponsored alien is a person lawfully
					 admitted for permanent residence to the U.S. for whom a person (the sponsor)
					 has executed an affidavit of support (INS Form I-864 or I-864A) on behalf of
					 the alien.
2. A sponsor is a person
					 or organization signing an affidavit or document on behalf of the alien as a
					 condition of entry.
3. Date of
					 entry or admission is the date established by the INS as the date the alien was
					 admitted for permanent residence.
EXCEPTIONS TO SPONSORED ALIEN RULES:
1. Aliens who are members of the sponsor's
					 Food Supplement household.
2.
					 Aliens who are sponsored by an organization.
3. Aliens not required to have a sponsor
					 under the
Immigration and Nationality Act
.
4. Aliens who are determined to be unable to
					 obtain food and shelter in the absence of assistance, taking into account their
					 own income. In these situations the state must decline to deem the sponsor's
					 income for a twelve (12) month period and instead take into account only that
					 income that the sponsor actually provides.
5. A battered alien spouse, alien parent of a
					 battered child, or a child of a battered alien for twelve (12) months after the
					 state determines that the battering is substantially connected to the need for
					 benefits, and the battered individual does not live with the batterer. After
					 twelve (12) months, the state must not deem the batterer's income and resources
					 if the battery is recognized by a Court or the INS, has a substantial
					 connection to the need for benefits and the alien does not live with the
					 batterer.
6. Aliens who are
					 children under the age of 18 regardless of when they entered the United
					 States.
EXCEPTIONS TO SPONSORED ALIEN RULES: (for
						sponsors)
1. If a sponsor is a
					 sponsor of an ineligible immigrant, that portion of the sponsor's income is not
					 deemed to the remaining household members.
2. If a sponsor's income is below 130% of the
					 poverty income guidelines (FS 999-3 Chart 2), he or she is exempt from the
					 sponsored alien rules.
GENERAL INFORMATION
- Most sponsored
						non-citizens will be ineligible because they are immigrants. If they can be
						credited with 40 qualifying quarters of work, they are eligible and deeming
						ends (see FS 111-2). Some immigrants who are veterans, or on active duty, or
						the spouse or child of the veteran or person on active duty may be eligible and
						subject to deeming.
The income of a sponsor's spouse does not count toward
						the deeming unless the sponsor's spouse has also signed the affidavit of
						support.
1. Count the spouse's income
					 and assets even if they were not married at the time the agreement was signed.
					 If the sponsor and spouse do not live together, only the income and assets of
					 the sponsor are counted.
2. If a
					 sponsor sponsors more than one alien, divide the income and assets among the
					 number of aliens that are sponsored by the same sponsor.
3. If an alien changes sponsors after being
					 certified for FS, use the new sponsor's income and assets to determine
					 eligibility.
4. Do not count money
					 paid to the alien by the sponsor as income to the alien, unless the amount
					 exceeds the income deemed from the sponsor. Add any excess to the amount
					 deemed.
5. If the alien has applied
					 for TANF and has had income and assets deemed for that program, use the TANF
					 figures.
6. Aliens and their
					 sponsors shall be jointly and separately liable for any overpayment made to the
					 alien during the sponsorship which is due to the sponsor's failure to provide
					 correct information, except when the sponsor is without fault or good cause
					 exists.
ENDING OF DEEMING
Deeming of a sponsor's income and resources is to
						continue until:
1. the alien gains U.S.
					 Citizenship,
2. the alien has
					 worked or received credit for forty (40) qualifying quarters of work, or 3. the
					 sponsor dies.
SPONSOR'S INCOME CALCULATION
1. ADD: Earned income of sponsor's and
					 sponsor's spouse (if the spouse signed an affidavit).
2. SUBTRACT: Earned income
					 deduction.
3. ADD: Unearned income
					 of sponsor and sponsor's spouse.
4.
					 SUBSTACT: Gross monthly income limit for family size (number of dependents who
					 are, or could be, listed on Federal Income Tax Form).
5. DIVIDE BY: Number of alien households
					 sponsored.
6. EQUALS: Income deemed
					 to each family unit. Treat as unearned income.
SPONSOR'S ASSETS CALCULATION
1. ADD: Allowable assets of the sponsor and
					 spouse.
2. SUBTRACT:
					 $1500.00.
3. DIVIDE BY: Number of
					 alien households sponsored.
4.
					 EQUALS: Assets deemed to each family unit.
CLAIMS
Both the sponsor and the alien will be held liable for
						any over-issuances. Claims may be established against both parties, unless it
						can be verified that one of the parties was without fault in providing the
						information.
EXEMPT ALIENS
The following are exempt from the sponsored alien
						rule:
1. Aliens living in the sponsor's
					 household;
2. aliens sponsored by
					 an organization;
3. aliens who do
					 not require a sponsor under the
Immigration and Nationality
					 Act
;
4. refugee, parolee,
					 individuals granted asylum and entrants from Cuba or Haiti;
5. aliens who were sponsored prior to
					 February 1, 1983.
CLAIMS
Both the sponsor and the alien will be held liable for
						any over-issuances. Claims may be established against both parties, unless it
						can be verified that one of the parties was without fault in providing the
						information.