3-002.09 Deeming of Immigrant Sponsor's Income and Resources
475 NAC 3-002.09
People lawfully admitted to the United States as actual or prospective permanent residents or persons with the right to eventually obtain citizenship may be immigrants. For immigrants who are sponsored by individuals deeming is the process of counting a sponsor’s income and resources as accessible to an immigrant. Effective December 19, 1997, the income and resources of an individual sponsor are counted when determining the eligibility of an immigrant. The individual sponsor signs an affidavit of support as required by the Immigration and Nationality Act. The resources and income of the sponsor’s spouse are used in the deeming process only if the spouse has also signed the affidavit of support. The sponsor’s resources and income are considered available until the immigrant:
1. Becomes a U.S. citizen; or
2. Obtains 40 qualifying quarters of coverage as defined in Title II of the Social Security Act and the immigrant did not receive any federal means-tested public benefit during a countable quarter after December 31, 1996.
The Affidavits of Support are INS Forms I-864 or I-864A. Form I-864A is used by CIS when the person has more than one sponsor.
Qualified quarters earned after December 31, 1996, cannot be counted if the noncitizen, parent, or spouse received certain federal means-tested public benefits during the quarter the earnings were credited. Individuals who believe they should be credited with more quarters of work may request that SSA investigate their work history to determine if more quarters can be credited. The applicant may participate pending the results of the investigation for up to six months from the date of SSA's original finding of insufficient quarters.
Information on a qualified work quarter is located at 475 NAC 1-002, "Program Definitions".
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3-002.09A Report of Sponsor's Changes
3-002.09E Immigrant Responsibilities