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Library: Policy

OKDHS:10-1-28. Alienage

Issued 4-1-98

     The types of documents that constitute verification of the individual's meeting the alienage requirements are defined in 340:10-15-4 through 340:10-15-8. Any time there is a question regarding a document held by the client or if the client believes he or she has been admitted for permanent residence but does not have one of the documents listed, a memo describing the document will be sent to the State Office, Attention Family Support Services Division, for clearance with the INS. A decision regarding eligibility cannot be made until the State Office notifies the county whether the individual meets the eligibility condition of "citizenship and alienage". Certain aliens, unless specifically exempted, whose entry into the United States required sponsorship, must have the income and resources of the sponsor considered in determining eligibility and benefit amount for AFDC. Aliens who are exempted from this requirement are parolees, political asylees, Cuban or Haitian entrants and refugees admitted under section 207(a)(7) and section 207(c) of the Immigration and Nationality Act. A sponsor is defined as an individual(s) or an organization who executed an affidavit of support or similar agreement on behalf of the alien (who is not an individual sponsor's child). Such affidavit or agreement must be verified before application of this policy.

  • (1) Organizational sponsor. Those aliens who have a support affidavit from an organizational sponsor are ineligible unless the sponsoring agency has ceased to exist or is unable to meet the alien's financial need. The case record must contain documentation of the reason the organization is not meeting the need.
  • (2) Individual sponsor.
    • (A) to determine eligibility and benefit amount, an alien who was sponsored must provide any information and documentation necessary to determine the income and resources of sponsor and obtain the necessary cooperation from the sponsor. The income and resources of a sponsor (and the sponsor's spouse if living with the sponsor) are considered as the unearned income and resources of an alien for three years following the alien's entry into the United States unless the sponsor is receiving AFDC or SSI.
    • (B) The amount of the sponsors income considered is determined as follows:
      • (i) Total monthly earned income minus 20% (not to exceed $175.00) plus total monthly unearned income;
      • (ii) Subtract the need standard for the sponsor and his or her dependents living in the home (see Appendix C-1 , Schedule lX.A);
      • (iii) Subtract amounts actually paid by the sponsor to dependents outside of the home who are claimed by the sponsor as dependents to determine his or her federal personal income tax liability; and
      • (iv) Subtract actual payments of alimony or child support to individuals not living in the household.
    • (C) Resources considered available to the alien from the sponsor is the total amount of the resources of the sponsor determined as if he or she were applying for AFDC, less $1,500.00.
    • (D) In the case where the person is the sponsor of two or more aliens in the same home, the income and resources of the sponsor (and sponsor 5 spouse if living with the sponsor) are divided equally among the aliens.
    • (E) Income and resources considered available to a sponsored alien may not be considered in determining need of unsponsored members of the alien's family unless actually available.
    • (F) The sponsor and the alien are held jointly liable for any overpayment of benefits due to failure to provide correct information.
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