§1631 Federal attribution of sponsor’s income and resources to alien

Summary

When a person signs a legal promise (an affidavit of support) for an immigrant, the government will count that person's income and the income of their spouse as if it were the immigrant’s income when deciding if the immigrant can get federal public benefits that are based on need. That rule stays in effect until the immigrant becomes a U.S. citizen by naturalization or until the immigrant has 40 qualifying Social Security work quarters (including credits under section 1645). If any of those quarters cover time after December 31, 1996, the immigrant must not have gotten federal means-tested benefits during those periods. If the immigrant must reapply for benefits, the agency must check the sponsor’s income again. If a benefits program already counted a sponsor’s income on August 22, 1996, this rule started on August 23, 1996; if it did not, the rule started 180 days after August 22, 1996. The rule does not apply to some Food Stamp Act benefits for certain qualified aliens under section 1612(a)(2)(J). If an agency finds that, without help from the agency, a sponsored immigrant could not get food and shelter, then the amount of sponsor (or sponsor’s spouse) income counted can’t exceed what the sponsor actually provided for the period starting on that finding and lasting 12 months. The agency must tell the Attorney General each time it makes that finding and give names. The rule does not apply for 12 months if the immigrant or certain family members were battered or suffered extreme cruelty by a spouse, parent, or a family member living in the same household and the agency finds a strong link between the abuse and the need for benefits (the agency’s view cannot be reviewed by a court). After 12 months, the exception can continue for the abuser’s income only if a judge, administrative law judge, or the Immigration and Naturalization Service has recognized the abuse, and the agency still finds a strong link. The exception ends if the abuser lives in the same household or family eligibility unit as the victim.