421-8        ALIEN SPONSOR DEEMING PERIOD

The alien sponsor deeming period begins with the month that the alien is admitted into the U.S. for permanent residence or is granted permanent resident status, and lasts for three years.

Whenever a permanent resident alien applies for APA benefits, determine the date the individual's permanent resident alien status began.  If the alien is still within the alien sponsor deeming period, the income and resources of the alien's sponsor are considered available to meet the needs of the alien.

Note:  The alien sponsor deeming provisions changed effective October 1, 1996.  In addition, the U.S. Citizenship & Immigration Services (USCIS) is now using new, legally binding affidavits of support for sponsored aliens.  Please contact Central Office policy staff for guidance on processing APA applications for sponsored aliens who applied before October 1, 1996, or sponsored aliens who are admitted under the new INS affidavit of support.