Some sponsored aliens must have his or her sponsor's income and resources deemed (counted as his or her own income or resources). When the household is not exempt from deeming, you must determine the sponsored alien's and the sponsor's countable resources.
The deeming rules apply to aliens with Form I-864 and I-864A who entered the US after December 19, 1997.
Do not deem the sponsor's resources when the sponsored alien
- and the sponsor are in the same SNAP household,
- is a child (under the age of 18),
- is ineligible for food benefits because of immigration status,
- is a battered spouse, child, or parent, or the child of a battered person who lives apart from the person responsible for the battery, or
- The worker grants the exemption for a 12-month period.
- The exemption can be extended beyond the 12-month period if
- the alien demonstrates that the battery is recognized in a court or administrative order and
- we determine that the battery has a substantial connection to the need for benefits.
- The worker cannot deem more income and resources to the alien than he or she actually received for a 12-month period.
- An alien is indigent when the sum of alien's household income and any cash or in-kind assistance the sponsor or others provide is less than the SNAP income standard.
- The exemption and any renewals last for 12 calendar months.
- OKDHS sends a written notice to United States Citizenship and Immigration Services when using this exemption.
- The alien may refuse food benefits for himself or herself without withdrawing the entire household's application to avoid this notice.
- The alien may also have income and resources deemed to avoid this referral.
Evaluate the alien's resources according to the resources rules.
You must exclude $1,500 from the sponsor's resources. After subtracting $1,500 from the sponsor's countable resources, resources cannot exceed
- $3,500 for households that contain a member with a disability or 60 years of age or older or
- $2,250 for all other households.