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

Summary

Counts a sponsor’s income (and the sponsor’s spouse’s income) when deciding if a non‑citizen can get federal low‑income benefits and how much. The sponsor is the person who signed an affidavit of support under immigration law. That counting continues until the non‑citizen becomes a U.S. citizen by naturalization or works 40 qualifying Social Security quarters (or can get credit for those quarters under special rules). For quarters after December 31, 1996, those quarters must not include periods when the person got federal means‑tested benefits. Agencies must check the attributed income again when the person reapplies. If a program already counted a sponsor on August 22, 1996, this rule began August 23, 1996; if it did not, the rule began 180 days after August 22, 1996. It does not apply to Food Stamp Act benefits for certain qualified aliens eligible under section 1612(a)(2)(J). If an agency finds that, without its help, a sponsored person could not get food and shelter (after counting the person’s own income and help from others), the sponsor’s attributed amount is limited to what the sponsor or spouse actually gave for the 12 months starting on that decision. The agency must tell the Attorney General when it makes each such finding and include the names involved. Also, the rule does not apply for 12 months if the person or their child was battered or subjected to extreme cruelty by a spouse or parent (or a family member living in the same household with consent or acquiescence) and the agency decides the abuse is linked to the need for benefits (that agency decision cannot be reviewed by a court). After 12 months, the exception can continue for the batterer’s income only if a judge, administrative law judge, or prior INS finding recognizes the abuse and the agency finds it is linked to the need for benefits. The exception ends while the abuser lives in the same household or family eligibility unit as the abused person.