TITLE 8 - US CODE - SUBCHAPTER III - ATTRIBUTION OF INCOME AND AFFIDAVITS OF SUPPORT

8 USC 1631 - Federal attribution of sponsors income and resources to alien

(a) In general 
Notwithstanding any other provision of law, in determining the eligibility and the amount of benefits of an alien for any Federal means-tested public benefits program (as provided under section 1613 of this title), the income and resources of the alien shall be deemed to include the following:
(1) The income and resources of any person who executed an affidavit of support pursuant to section 213A of the Immigration and Nationality Act [8 U.S.C. 1183a] (as added by section 423 and as amended by section 551(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996) on behalf of such alien.
(2) The income and resources of the spouse (if any) of the person.
(b) Duration of attribution period 
Subsection (a) of this section shall apply with respect to an alien until such time as the alien

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(1) achieves United States citizenship through naturalization pursuant to chapter 2 of title III of the Immigration and Nationality Act [8 U.S.C. 1421 et seq.]; or
(2) 
(A) has worked 40 qualifying quarters of coverage as defined under title II of the Social Security Act [42 U.S.C. 401 et seq.] or can be credited with such qualifying quarters as provided under section 1645 of this title, and
(B)  in the case of any such qualifying quarter creditable for any period beginning after December 31, 1996, did not receive any Federal means-tested public benefit (as provided under section 1613 of this title) during any such period.
(c) Review of income and resources of alien upon reapplication 
Whenever an alien is required to reapply for benefits under any Federal means-tested public benefits program, the applicable agency shall review the income and resources attributed to the alien under subsection (a) of this section.
(d) Application 

(1) If on August 22, 1996, a Federal means-tested public benefits program attributes a sponsors income and resources to an alien in determining the aliens eligibility and the amount of benefits for an alien, this section shall apply to any such determination beginning on the day after August 22, 1996.
(2) If on August 22, 1996, a Federal means-tested public benefits program does not attribute a sponsors income and resources to an alien in determining the aliens eligibility and the amount of benefits for an alien, this section shall apply to any such determination beginning 180 days after August 22, 1996.
(3) This section shall not apply to assistance or benefits under the Food Stamp Act of 1977[1] (7 U.S.C. 2011 et seq.) to the extent that a qualified alien is eligible under section 1612 (a)(2)(J) of this title.
(e) Indigence exception 


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(1) In general 
For an alien for whom an affidavit of support under section 213A of the Immigration and Nationality Act [8 U.S.C. 1183a] has been executed, if a determination described in paragraph (2) is made, the amount of income and resources of the sponsor or the sponsors spouse which shall be attributed to the sponsored alien shall not exceed the amount actually provided for a period beginning on the date of such determination and ending 12 months after such date.
(2) Determination described 
A determination described in this paragraph is a determination by an agency that a sponsored alien would, in the absence of the assistance provided by the agency, be unable to obtain food and shelter, taking into account the aliens own income, plus any cash, food, housing, or other assistance provided by other individuals, including the sponsor. The agency shall notify the Attorney General of each such determination, including the names of the sponsor and the sponsored alien involved.
(f) Special rule for battered spouse and child 

(1) In general 
Subject to paragraph (2) and notwithstanding any other provision of this section, subsection (a) of this section shall not apply to benefits
(A) during a 12 month period if the alien demonstrates that
(i)  the alien has been battered or subjected to extreme cruelty in the United States by a spouse or a parent, or by a member of the spouse or parents family residing in the same household as the alien and the spouse or parent consented to or acquiesced to such battery or cruelty,
(ii)  the aliens child has been battered or subjected to extreme cruelty in the United States by the spouse or parent of the alien (without the active participation of the alien in the battery or cruelty), or by a member of the spouses or parents family residing in the same household as the alien when the spouse or parent consented or acquiesced to and the alien did not actively participate in such battery or cruelty, or
(iii)  the alien is a child whose parent (who resides in the same household as the alien child) has been battered or subjected to extreme cruelty in the United States by that parents spouse, or by a member of the spouses family residing in the same household as the parent and the spouse consented to, or acquiesced in, such battery or cruelty, and the battery or cruelty described in clause (i), (ii), or (iii) (in the opinion of the agency providing such public benefits, which opinion is not subject to review by any court) has a substantial connection to the need for the public benefits applied for; and
(B) after a 12 month period (regarding the batterers income and resources only) if the alien demonstrates that such battery or cruelty under subparagraph (A) has been recognized in an order of a judge or administrative law judge or a prior determination of the Immigration and Naturalization Service, and that such battery or cruelty (in the opinion of the agency providing such public benefits, which opinion is not subject to review by any court) has a substantial connection to the need for the benefits.
(2) Limitation 
The exception under paragraph (1) shall not apply to benefits for an alien during any period in which the individual responsible for such battery or cruelty resides in the same household or family eligibility unit as the individual who was subjected to such battery or cruelty.
[1] See References in Text note below.

8 USC 1632 - Authority for States to provide for attribution of sponsors income and resources to the alien with respect to State programs

(a) Optional application to State programs 
Except as provided in subsection (b) of this section, in determining the eligibility and the amount of benefits of an alien for any State public benefits, the State or political subdivision that offers the benefits is authorized to provide that the income and resources of the alien shall be deemed to include
(1) the income and resources of any individual who executed an affidavit of support pursuant to section 1183a of this title (as added by section 423 and as amended by section 551(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996) on behalf of such alien, and
(2) the income and resources of the spouse (if any) of the individual.
(b) Exceptions 
Subsection (a) of this section shall not apply with respect to the following State public benefits:
(1) Assistance described in section 1621 (b)(1) of this title.
(2) Short-term, non-cash, in-kind emergency disaster relief.
(3) Programs comparable to assistance or benefits under the Richard B. Russell National School Lunch Act [42 U.S.C. 1751 et seq.].
(4) Programs comparable to assistance or benefits under the Child Nutrition Act of 1966 [42 U.S.C. 1771 et seq.].
(5) Public health assistance for immunizations with respect to immunizable diseases and for testing and treatment of symptoms of communicable diseases whether or not such symptoms are caused by a communicable disease.
(6) Payments for foster care and adoption assistance.
(7) Programs, services, or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter) specified by the Attorney General of a State, after consultation with appropriate agencies and departments, which
(A)  deliver in-kind services at the community level, including through public or private nonprofit agencies;
(B)  do not condition the provision of assistance, the amount of assistance provided, or the cost of assistance provided on the individual recipients income or resources; and
(C)  are necessary for the protection of life or safety.