Sponsorship Deeming Exceptions

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:

  1. The alien is a refugee OR
  2. The alien is a parolee OR
  3. The alien is an asylee OR
  4. The alien is a Cuban/Haitian entrant OR
  5. Indigent Alien Exemption applies for 12 months from the month of determination OR
  6. Alien is sponsored by an organisation or group as opposed to an individual OR
  7. The sponsored alien becomes a naturalized citizen OR
  8. The sponsored alien has worked, or can be credited with, 40 qualifying quarters OR
  9. The alien's sponsor dies OR
  10. The sponsored alien leaves the U.S. permanently OR
  11. 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
  12. 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:

  1. If a parent is the battered alien, any child who lives with them is also a battered alien OR
  2. 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
  3. There is a substantial connection between the battery and the need for benefits AND
  4. 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: