The following aliens are not subject to the alien sponsor deeming rules and so do not deem the income/resources of a sponsor if the alien falls into any of the following categories:
- The alien is a refugee OR
- The alien is a parolee OR
- The alien is an asylee OR
- The alien is a Cuban entrant OR
- The alien is a Haitian entrant OR
- Lawful Permanent Residents (LPR) who adjusted from refugee or asylee status OR
- Lawful Permanent Residents (LPR) who entered the country before December 19, 1997 OR
- Lawful Permanent Residents (LPR) who applied for a visa or adjusted their status before December 19, 1997 OR
- Indigent Alien Exemption applies for 12 months from the month of determination OR
- The sponsored alien becomes a naturalized citizen OR
- The sponsored alien has worked, or can be credited with, 40 qualifying quarters OR
- The alien's sponsor dies OR
- The sponsored alien leaves the U.S. permanently OR
- Sponsor signed the INS Form I-134 Affidavit of Support or the INS Form I-361Affidavit of Financial Support and Intent to Petition for Legal Custody for P.L. 97-459 Amerasian OR
- Battered alien spouse, alien parent of a battered child, or child of a battered alien, are exempt from deeming for 12 months and the batterer must not be part of the household OR
- The alien is a victim of severe forms of trafficking OR
Battered Alien - First 12 Months
Do not deem income for the first 12 months for Aliens who meet the following criteria:
- The battered alien must be battered by their U.S. citizen or LPR alien spouse or parent AND is a refugee AND
- Either 1 or 2 below must apply
- If a parent is the battered alien, any child who lives with them is also a battered alien OR
- If a child is the battered alien, the parent who lives with them is also a battered alien as long as the parent did not actively participate in the battery AND
- There is a substantial connection between the battery and the need for benefits AND
- The individual subject to such battery or cruelty dies not live in the same household with the individual responsible for the cruelty AND
Battered Alien - After 12 Months
After 12 months, the alien shall continue to be exempt from sponsor deeming if:
- The alien demonstrates that the battery or cruelty has been recognized in an order of a judge or administrative law judge AND
- The local department determines that the abuse continues to have a connection to the need for benefits