§1631 Federal Attribution of Sponsor’s Income and Resources to Alien

Summary

When a person who is not a U.S. citizen applies for a federal program that is based on low income, the government must count the money and assets of the person who signed an affidavit of support for that immigrant and the signer’s spouse when deciding if the immigrant can get benefits and how much. That rule stays in place until the immigrant becomes a U.S. citizen by naturalization or until the immigrant has 40 qualifying Social Security work quarters (or is credited with them) and, for any such quarters after December 31, 1996, did not get those federal means-tested benefits during those periods. Agencies must check the sponsor’s income again whenever the immigrant re-applies. If a program already counted sponsor income on August 22, 1996, the rule took effect the next day; if it did not, the rule took effect 180 days after August 22, 1996. The rule does not apply to food stamp benefits for a qualified immigrant who is eligible under the specified food-stamp rule. If an agency finds that, without benefits, the sponsored immigrant could not get food or shelter, the agency may limit the sponsor’s counted income to only what the sponsor actually provided for up to 12 months and must tell the Attorney General. The rule does not apply for 12 months if the immigrant (or certain children) show they were battered or faced extreme cruelty by a spouse, parent, or a family member living in the same home and the agency thinks the abuse is connected to the need for benefits. After 12 months, the batterer’s income stays excluded only if a judge or immigration agency already recognized the abuse and the benefits agency still finds a strong connection. The exclusion ends if the abuser lives in the same household or family eligibility unit as the victim. Definitions (one line each): affidavit of support — a sponsor’s legal promise to support an immigrant; sponsor — the person who signed that affidavit.