TN 3 (06-94)

Citations:

Social Security Act, Sec. 1621.

Regulations 20 CFR 416.1160(d)

A. General - operating procedures

Advise both the sponsor and alien of the sponsor-to-alien deeming provisions. Advise them that we will deem all of the sponsor's income and resources less the specific deductions and exclusions provided by law (SI 01320.100) to the alien, and treat the sponsor's income and resources as if they were the alien's own. Also inform the sponsor and alien that we will verify their allegations of income and resources with the sworn statements they made to DHS at the time of application for entry into the U.S. This comparison is made to discover unstated income or resources. (The Department of State has advised all visa-issuing offices and personnel of the statutory requirement for sponsor-to-alien deeming, and has furnished those offices with an affidavit form on which the sponsor acknowledges the requirements of the sponsor-to-alien deeming provision.)

Also advise the sponsor of his liability for repayment of any supplemental security income (SSI) overpayment made to the alien because of the sponsor's failure to provide correct information regarding his income and resources. This is addressed in question 16 of the SSA-8010-BK. (See SI 02205.001 and SI 02205.005 regarding overpayments related to sponsor-to-alien deeming.)

B. Verification of sponsor's income and resources — operating procedure

1. Responsibility for obtaining sponsor's cooperation

An alien is responsible, by law, for obtaining the sponsor's cooperation in the development and documentation of required information. If either the alien or the sponsor fails to cooperate (e.g., the alien is unsuccessful in obtaining the sponsor's cooperation), deny the claim or suspend eligibility and payment in accordance with SI 00601.110 or SI 02301.200, respectively.

If a sponsor cannot be located or leaves the U.S., making verification of the sponsor's current income and resources administratively unfeasible (e.g., involves contact with foreign employers), it is the alien's responsibility to obtain evidence. If the alien does not provide verification of the income and resources, deny the claim or suspend eligibility and payment in accordance with SI 00601.110 or SI 02301.235, respectively.

2. Alien's allegation of sponsor's income, resources, and dependents

Whenever an alien alleges being sponsored (or in posteligibility situations involving sponsorship), document over the alien's signature his allegation of his sponsor's income, resources, and dependents. This allegation is not required when the sponsor accompanies the alien to the interview and provides the information. If the alien alleges his entry was promoted by an organization or employer, verify sponsorship; do not develop the income and resources of the organization or employer.

Determine if the alien would be eligible based on his allegations under the computation rules in SI 01330.500 ff. and SI 01320.950. If he would not be eligible, deny his claim and do not contact his alleged sponsor or DHS. If the alien is unable to make an allegation, or his allegations would permit eligibility, contact the sponsor (see SI 01320.920B.3.).

3. Sponsor's allegation of income and resources

Document a sponsor's allegation of his income and resources on an SSA-8010-BK. Determine if the alien would be eligible based on the sponsor's allegations under the computation rules in SI 01330.500 ff. and SI 01320.950. Ifhe would be, follow the procedures below. If he would not be, deny the application; do not verify the sponsor's current income and resources or contact DHS.

4. Evidence of income and resources

If an alien appears to be eligible for SSI based on the allegations of the alien and sponsor, verify the sponsor's current income and resources (see SI 00810.001. and SI 01110.001.) In initial claim situations, compare the current income and resources with the statements in the DHS file. See SI 01320.925 when the DHS file is not available. (If the alien is ineligible based on the established income or resources of the sponsor, deny or suspend eligibility; do not contact DHS (or curtail such contact if already initiated)).

Photocopy, or record on a Report of Contact (RC), the sponsor's allegations made to DHS regarding his income and resources on the affidavit of support.

If the sponsor alleged income or resources to DHS that he does not allege to the field office (FO), and the discrepancy is material to the alien's eligibility and payment, the sponsor must explain the discrepancy and submit evidence of the loss of income or resources. For example, if he alleges self-employment income to DHS but now alleges no self-employment income, he could submit a tax return showing a net loss of income or a record of a bankruptcy judgment. If he alleges ownership of property to DHS but now alleges no property, he could explain and submit documentation for its disposition. If he does not provide an explanation and evidence that you consider adequate, state your conclusion on an RC; deny the claim for failure to submit required information.