Md. Code Regs. 07.03.17.09-1

Current through Register Vol. 51, No. 22, November 1, 2024

Section 07.03.17.09-1 - Immigrant Sponsored under an Affidavit of Support

A. When an immigrant is sponsored under an affidavit of support Form I-864 or I-864A in accordance with Immigration and Nationality Act § 213A, the local department shall consider available to the household the monthly income of the sponsor and the sponsor's spouse, if the sponsor's spouse has executed Form I-864 or I-864A in the following manner:

(1) Income considered to be that of the sponsored immigrant is the total monthly earned and unearned income, as described in Regulation .30B and C of this chapter, at the time the household containing the sponsored immigrant member applies for or is recertified for Program participation, reduced by:

(a) A 20 percent earned income amount for that portion of the income determined as earned income of the sponsor and the sponsor's spouse; and

(b) An amount equal to the Program's monthly gross income eligibility limit, as described in Schedule A in Regulation .45 of this chapter, for a household equal in size to the sponsor, the sponsor's spouse, and any other individual who is claimed or could be claimed by the sponsor or the sponsor's spouse as a dependent for federal income tax purposes.

(2) If the immigrant has already reported gross income information on the sponsor due to another State agency's sponsored immigrant rules, that income amount may be used for Program deeming purposes.

B. The local department shall consider as income actual money paid to the immigrant by the sponsor and the sponsor's spouse to the extent that this amount exceeds the amount attributed to the immigrant under §A(1) of this regulation.

C. Countable Resources.

(1) The local department shall count the total amount of resources of the sponsor and sponsor's spouse to be that of the immigrant in accordance with Regulation .26 of this chapter, reduced by $1,500.

(2) If the immigrant has already reported total resource information of the sponsor due to TCA's sponsored immigrant rules, the resource amount calculated by TCA as the amount to be attributed to the alien may be used for Program deeming purposes.

D. If a sponsored immigrant can demonstrate that the immigrant's sponsor sponsors other immigrants, then the income and resources as described in §§A-C of this regulation shall be divided by the number of those immigrants.

E. Exempt Immigrants. The provisions of §§A-C of this regulation do not apply to an immigrant who:

(1) Is participating in the Program as a member of a sponsor's household;

(2) Is sponsored by an organization or group instead of an individual;

(3) Is not required to have a sponsor under the Immigration and Nationality Act, such as, but not limited to being:

(a) A refugee;

(b) A parolee;

(c) An individual granted asylum; or

(d) A Cuban or Haitian entrant;

(4) Is a battered spouse or child, with the exemption lasting 12 months, if:

(a) The individual has been battered or subjected to extreme cruelty in the United States by the individual's spouse or parents or by another family member residing in the household who was allowed to commit the act;

(b) The battery or cruelty has a substantial connection to the need for benefits; and

(c) The spouse or child subjected to the cruelty is not living with the individual who committed the acts; or

(5) Would be without food or shelter because the sum of the eligible sponsored immigrant's household's own income, the cash contribution of the sponsor and others, and the value of any in-kind assistance the sponsor and others provide does not exceed the gross income amount shown in Schedule A in Regulation .45 of this chapter for the household size.

F. Sponsored Immigrant Responsibility. During the period the immigrant is subject to §§A-C of this regulation, the immigrant is responsible for:

(1) Obtaining the cooperation of the immigrant's sponsor for providing the local department, at the time of application and at the time of recertification, with the information and documentation necessary to calculate countable income and resources in accordance with §§A-C of this regulation; and

(2) Providing the names, or other identifying factors, of other immigrants for whom the immigrant's sponsor has signed an affidavit of support.

G. Awaiting Verification.

(1) Until a sponsored immigrant provides information or verification necessary to calculate income and resources as described in §§A-C of this regulation:

(a) The sponsored immigrant is ineligible; and

(b) The local department:

(i) Shall determine the eligibility and benefit level of any remaining household members;

(ii) Shall consider available to the remaining household members the income and resources of the sponsored immigrant; and

(iii) May not include the deemed income and resources of the immigrant's sponsor or the sponsor's spouse.

(2) If the sponsored immigrant refuses to cooperate in providing information or verification of income and resources as described in §§A-C of this regulation, the other adult members of the immigrant's household shall provide the information or verification.

H. The sponsor's support obligation terminates when the:

(1) Sponsored immigrant becomes a citizen of the United States;

(2) Sponsored immigrant has worked, or can be credited with 40 qualifying quarters of work, except that the sponsored immigrant is not credited with any quarter beginning after December 31, 1996, during which the immigrant receives a federal means-tested benefit;

(3) Sponsored immigrant ceases to hold the status of an alien lawfully admitted for permanent status and has departed the United States;

(4) Sponsored immigrant dies; or

(5) Sponsor dies.

Md. Code Regs. 07.03.17.09-1