5101:1-2-35 Sponsor-to-alien deeming requirements: Ohio works first and disability financial assistance.

(A) What is the sponsor-to-alien deeming requirement?

In the determination of eligibility for cash assistance benefits, the county agency is required to deem a sponsor's income and resources to the alien. The I-864, "Affidavit of Support" has been developed for the determination of the sponsor-deeming directive.

(B) Who is considered a sponsor?

(1) A sponsor is anyone who executes the I-864 "Affidavit of Support" on behalf of an alien as a condition of the alien's entry into the United States (U.S.).

(2) Pursuant to section 213A of the Immigration and Nationality Act (INA) (1954), the I-864 is completed when the income and or resources of the sponsor and any other household member are used to qualify an alien for sponsorship.

(C) Who is not subject to the sponsor-to-alien deeming requirements?

An assistance group that consists of:

(1) An alien who is a minor child if the sponsor of the alien or any spouse of the sponsor is a parent of the alien;

(2) An alien admitted to the U.S. as a refugee;

(3) An alien paroled into the U.S. for a period of at least one year;

(4) An alien granted political asylum by the attorney general of the U.S.;

(5) A lawful permanent resident who applied for an immigrant visa at a consular's office or adjustment of status to lawful permanent resident before December 19, 1997;

(6) A qualified alien who is sponsored by an organization or who is not a lawful permanent resident and who is not required to have a sponsor;

(7) A victim of a severe form of trafficking, as defined in rule 5101:1-2-30 of the Administrative Code;

(8) Certain family members of a victim of a severe form of trafficking in accordance with rule 5101:1-2-30.3 of the Administrative Code;

(9) A lawful permanent resident entering employment or other non-family categories, such as the diversity category (i.e., lottery immigrants) where a person did not have to sign the I-864 affidavit. Persons from countries with low rates of immigration are allowed into the U.S. through a lottery system;

(10) An alien or alien's child who has been determined to be a victim of domestic violence or extreme cruelty is exempt for a period of twelve months:

(a) A county agency may use any credible evidence of abuse that is available to make a determination. This would include, but is not limited to reports or affidavits from police, judges, other court officials, medical personnel, school officials, clergy, social workers, other social service agency personnel, protection orders, affidavits from family members or others who have a personal knowledge of the battery or extreme cruelty, photographs of injuries, and the applicant's own credible affidavit.

(b) The deeming exemption may not apply to the alien's benefits during any period in which the individual responsible for such battery or cruelty resides in the same household or family eligible unit as the individual who was subjected to such battery or cruelty.

(c) The exemption can be extended beyond twelve months if the abuse or cruelty is recognized by a court order, an administrative law judge or the United States citizenship and immigration services (USCIS), and the victim does not live with the batterer. However, the county agency must notify the Ohio department of job and family services, office of families and children, of each such determination so information may be forwarded to the USCIS. The name of the sponsor(s) and the sponsored lawful permanent resident(s) involved should be provided;

(11) An alien child of a battered parent, pursuant to rule 5101:1-2-30 of the Administrative Code;

(12) An indigent alien who has been determined by the county agency to be unable to obtain food and shelter taking into account the alien's own income plus any cash, food, housing, or other assistance provided by other individuals, including the sponsor. In this instance, only the amount of income and resources actually provided by the sponsor or sponsor's spouse should be considered. The exemption is granted for a twelve-month period beginning on the date the determination is made;

(13) An alien whose sponsor signed an affidavit(s) of support other than the I-864 affidavit of support; and

(14) Cuban and Haitian entrants.

(D) How is the sponsor-to-alien deeming requirement applied?

(1) The sponsor and sponsor's spouse do not have to reside in the household of the sponsored alien or any member of the alien's assistance group for the deeming provision to apply.

(2) An alien whose sponsor signed an I-864 affidavit on or after December 12, 1997 and applies for OWF or DFA benefits, is subject to the deeming requirement upon the expiration of the five-year ban on receipt of OWF or DFA benefits in accordance with rule 5101:1-2-30 of the Administrative Code.

(3) The income of the sponsor and the sponsor's spouse shall be deemed in accordance with the income allocation methodology pursuant to rule 5101:1-23-20 of the Administrative Code.

(4) Resources of the sponsor and the sponsor's spouse shall be deemed pursuant to rule 5101:1-5-30 of the Administrative Code.

(5) Deemed income shall be considered unearned income, and unearned income and resources must be equally divided and budgeted among the sponsored aliens. This deeming applies until the alien meets one of the requirements outlined in paragraph (D)(1) of this rule.

(6) If an alien has two sponsors, both of whom executed an I-864 and an I-864A, "Contract Between Sponsor and Household Member" affidavit, the income and resources of both the primary and joint sponsor(s), as well as their respective spouses shall be deemed to the sponsored lawful permanent resident.

(7) An alien sponsored pursuant to an I-864 and an I-864A affidavit shall be required to provide such information and documentation with respect to the alien's sponsor as may be necessary in order to make a determination of eligibility required by this rule, and to obtain any cooperation from the sponsor necessary for any such determination. This includes such information and documentation which the alien or the alien's sponsor provided in support of the alien's immigration application.

(8) When an accepted I-864 and an I-864A affidavit provides that an alien is not excludable as a public charge, the sponsor agrees to financially support the alien so that the alien will not become a public charge. Upon notification that a sponsored alien has received a benefit, the county agency shall request reimbursement by the sponsor for the alien's assistance. A public charge means an alien who has become (for deportation purposes) or who is likely to become (for admission/adjustment purposes) primarily dependent on the government for subsistence.

(E) How long do the deeming requirements apply?

Deeming applies until the alien:

(1) Becomes a U.S. citizen;

(2) Has earned or can be credited with forty qualifying quarters of work as defined in rule 5101:1-2-30 of the Administrative Code; or

(3) Departs the U.S. permanently or dies.

Replaces: 5101:1-2-35

Effective: 09/09/2011
R.C. 119.032 review dates: 09/01/2016
Promulgated Under: 119.03
Statutory Authority: 5107.03 , 5107.05 , 5107.76 , 5115.03 , 5115.05
Rule Amplifies: 5107.03 , 5107.05 , 5107.76 , 5115.03 , 5115.05 .
Prior Effective Dates: 10/1/81, 12/1/82, 7/1/83, 10/1/84 (Emer.), 12/27/84, 10/1/87 (Emer.), 12/24/84, 4/1/86, 10/1/87, 7/1/88 (Emer.), 9/25/88, 1/1/94, 6/11/95, 10/1/96 (Emer.), 12/15/96, 1/26/98, 7/1/98, 3/1/02, 11/1/06