16 Del. Admin. Code § 4000-4011

Current through Register Vol. 28, No. 7, January 1, 2025

Section 4000-4011 - Eligibility of Sponsored Aliens

A "ponsor" is any person who, or any public or private agency or organization that executed an affidavit(s) of support or similar agreement on behalf of an alien (who is not the child of the sponsor or the sponsor's spouse) as a condition of the alien's entry into the United States.

a) The income and resources of any person who executed an affidavit of support pursuant to Section 213A of the Immigration and Nationality Act as well as the income and resources of the spouse shall be deemed available to the alien until the alien achieves United States citizenship through naturalization; or has worked 40 qualifying quarters of coverage, defined in Title II of the Social Security Act.

The qualifying quarters of coverage creditable after December 31, 1996 can only be counted if the alien did not receive any federal means tested benefit during that quarter.

The income and resources of the sponsor and his/her spouse are to be reviewed at application and redetermination.

b) Monthly income deemed available to the alien from a sponsor not receiving TANF or SSI will be reduced by an amount equal to the sum of:

1. Either 20% of the total of the sponsor's wages, salary, or net earnings from self- employment or $175.00, whichever is less;

2. The cash need standard (See Section 4007.2) for a family of the same size as the sponsor and those other individuals living in the same household as the sponsor who are claimed by him as dependents for purposes of determining his federal personal income tax liability but whose needs are not taken into account in the determination to grant assistance; and

3. Any amounts paid by the sponsor (or his spouse) to individuals not living in the household who are claimed by him as dependents for purposes of determining his federal personal income tax liability; and

4. Any payments of alimony or child support with respect to individuals not living in the sponsor's household.

The amount of resources of a sponsor (and his spouse) which are deemed to be the resources of an alien for any month are determined by reducing the sponsor's resources by $1,500.00 and applying the balance.

In order to qualify for aid, aliens are required to provide to the Division such information and documentation with respect to this sponsor as the Division finds necessary to determine eligibility.

Workers may obtain information about particular affidavits of support by sponsors on request to the Policy and Program Development Unit of the State Office of the Division.

Aliens and sponsors are jointly and severally liable for overpayments during the period of three (3) years after the alien's entry into the United States. Sponsors may be exempt from repayment where they are without fault for providing erroneous information or where good cause for failure to provide information exists.

The State defines "without fault" as: Without negligence, error, or defect of judgment or of conduct. The State defines "good cause" as: Substantial reason. Example: Bankruptcy or catastrophic illness of a sponsor.

c) In any case where a person is a sponsor to two or more aliens who are living in the same home, the income and resources of the sponsor (and his spouse) will be divided into equal shares before deeming the income.

d) Income and resources which are deemed to a sponsored alien shall not be considered in determining the need of other unsponsored members of the alien's family unless the income or resources are actually available.

e) For a period of three years following entry for permanent residence into the United States, any alien who is not exempt under paragraph (g) of this section and has been sponsored by a public or private agency or organization, shall be ineligible for assistance unless DSS determines that the sponsor no longer exists or has become unable to meet the alien's needs, as defined under (f) of this section.

f) DSS will determine whether a public or private agency or organization no longer exists or is unable to meet the alien's needs using the following criteria:

1. Notification from sponsoring agency to DSS that support services are to be terminated or curtailed;

2. Media coverage regarding sponsoring agency shutdown; or

3. Unsuccessful attempts by DSS to reach the sponsoring agency.

The sponsored alien shall provide DSS with any information and documentation necessary for such determination and obtain any cooperation necessary from the sponsor, such as a notice from the sponsoring agency addressing a reduction or dissolution of sponsorship support services.

g) The provisions of this Section do not apply to:

1. Aliens granted political asylum;

2. Cuban and Haitian entrants;

3. Aliens granted temporary parole status by the U.S. Attorney General;

4. Aliens admitted as conditioned entrants prior to April 1, 1980;

5. Refugees admitted after March 31, 1980, under Section 207 (C) of the Immigration and Naturalization Act.

6. Amerasians from Vietnam (NOTE: No affidavits of support are executed on behalf of Amerasians; deeming requirements therefore do not apply to Amerasians just as they do not apply to any other aliens on whose behalf no affidavit of support was executed).

7. The dependent child of the sponsor or sponsor's spouse.

16 Del. Admin. Code § 4000-4011