§1382j Attribution of sponsor’s income and resources to aliens

Summary

Treats a sponsor’s income and resources as if they belong to an immigrant for 3 years after the immigrant enters the United States. The sponsor’s and the sponsor’s spouse’s money counts as the immigrant’s unearned income. To figure how much, the sponsor’s yearly income is totaled, then reduced by the full yearly federal benefit for a person with no other income plus one-half of that benefit for each of the sponsor’s dependents (not counting the immigrant or the immigrant’s spouse). The leftover amount is counted each year as the immigrant’s unearned income. Resources are handled the same way: the sponsor’s resources are totaled, reduced by a specific exempt amount, and the remainder is added to the immigrant’s resources. If the immigrant lives with the sponsor and gets room and board, a usual dollar-amount reduction does not apply, and support already counted as the sponsor’s income is not counted again for the immigrant. For 3 years the immigrant must give the Social Security Commissioner information about the sponsor and get the sponsor’s cooperation. The Commissioner will get needed records from the State Department and Attorney General and will tell sponsors about these rules when they sign support papers. The sponsor and immigrant are both responsible for any overpayment to the immigrant during the 3 years unless the sponsor had no fault or good cause; unpaid overpayments can be taken from later payments. The rules do not apply after an immigrant becomes blind or disabled if that started after admission, and they do not apply to certain admissions tied to dates April 1, 1980 and March 31, 1980, to refugees paroled under the refugee parole rule, or to those granted political asylum.