cp 49-055 benefit determinations - Department of Public Social ...

What factors determine the sponsor deeming period?
The sponsor deeming period is determined by three factors:
The type of affidavit of support, new (I-864) or old (I-134),
signed by the sponsor;
The immigrant’s lawful date of entry, before 8/22/96 or on or
after 8/22/96, and
See CP 49-020.4 - Date of Entry Definition - for more
information
Whether the sponsor is deceased/ disabled/abusive.
See CP 49-020 - Immigration Status - for more information
NOTE:
The new Affidavit became effective 12/19/97. It is
possible that some immigrants entered the U.S. for a
period of time after that date under the Old Affidavit.
Is the sponsor’s income subject to any of the regular or
deeming exclusions?
No, a sponsor’s income is not subject to any of the regular or
deeming exclusions, although a portion of the income is allocated
to the sponsor.
NOTE:
Deeming does not apply to PRUCOL qualified
immigrants who entered the U.S. on or after
8/22/96 who do not have a sponsor.
See CP 49-020.3 - Persons Residing Under
the Color of Law (PRUCOL) - for more information
When does deeming from a sponsor’s spouse apply?
A sponsor’s spouse’s income is deemed to the immigrant
regardless of when the marriage took effect unless:
The sponsor and his/her spouse are separated or divorced
(verification is required), or
The sponsor’s spouse dies (verification required).
NOTE: For IE purposes, regular sponsor deeming, not spousal
or parental deeming, applies in cases where the
sponsor is the spouse or the parent.