§ 1631. — Federal attribution of sponsor's income and resources to alien.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 8USC1631]
TITLE 8--ALIENS AND NATIONALITY
CHAPTER 14--RESTRICTING WELFARE AND PUBLIC BENEFITS FOR ALIENS
SUBCHAPTER III--ATTRIBUTION OF INCOME AND AFFIDAVITS OF SUPPORT
Sec. 1631. Federal attribution of sponsor's 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--
(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 sponsor's income and resources to an alien in
determining the alien's 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 sponsor's income and resources to an alien
in determining the alien's 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 (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
(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 sponsor's
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 alien's 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 parent's 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 alien's 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 spouse's or parent's 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 parent's spouse, or by a member of the spouse's 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 batterer's 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.
(Pub. L. 104-193, title IV, Sec. 421, Aug. 22, 1996, 110 Stat. 2270;
Pub. L. 104-208, div. C, title V, Secs. 551(b)(1), 552, Sept. 30, 1996,
110 Stat. 3009-679, 3009-680; Pub. L. 105-33, title V, Sec. 5571(d),
Aug. 5, 1997, 111 Stat. 641; Pub. L. 107-171, title IV,
Sec. 4401(b)(2)(B), May 13, 2002, 116 Stat. 333.)
References in Text
Section 213A of the Immigration and Nationality Act (as added by
section 423 and as amended by section 551(a) of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996), referred to in subsec.
(a)(1), is section 1183a of this title as added by section 423 of Pub.
L. 104-193 and amended by section 551(a) of div. C of Pub. L. 104-208.
The Immigration and Nationality Act, referred to in subsec. (b)(1),
is act June 27, 1952, ch. 477, 66 Stat. 163, as amended. Chapter 2 of
title III of the Act is classified generally to part II (Sec. 1421 et
seq.) of subchapter III of chapter 12 of this title. For complete
classification of this Act to the Code, see Short Title note set out
under section 1101 of this title and Tables.
The Social Security Act, referred to in subsec. (b)(2)(A), is act
Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Title II of the Act is
classified generally to subchapter II (Sec. 401 et seq.) of chapter 7 of
Title 42, The Public Health and Welfare. For complete classification of
this Act to the Code, see section 1305 of Title 42 and Tables.
The Food Stamp Act of 1977, referred to in subsec. (d)(3), is Pub.
L. 88-525, Aug. 31, 1964, 78 Stat. 703, as amended, which is classified
generally to chapter 51 (Sec. 2011 et seq.) of Title 7, Agriculture. For
complete classification of this Act to the Code, see Short Title note
set out under section 2011 of Title 7 and Tables.
Amendments
2002--Subsec. (d)(3). Pub. L. 107-171 added par. (3).
1997--Subsec. (f)(1)(A). Pub. L. 105-33 struck out ``or'' before
``(ii) the alien's child'' and substituted ``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 parent's spouse, or by a member of the spouse's 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)'' for ``and the battery
or cruelty described in clause (i) or (ii)''.
1996--Subsec. (a)(1). Pub. L. 104-208, Sec. 551(b)(1), inserted
``and as amended by section 551(a) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996'' after ``section 423''.
Subsecs. (e), (f). Pub. L. 104-208, Sec. 552, added subsecs. (e) and
(f).
Effective Date of 2002 Amendment
Amendment by Pub. L. 107-171 effective Oct. 1, 2003, see section
4401(b)(3) of Pub. L. 107-171, set out as a note under section 2014 of
Title 7, Agriculture.
Effective Date of 1997 Amendment
Amendment by Pub. L. 105-33 effective as if included in the
enactment of title IV of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996, Pub. L. 104-193, see section
5582 of Pub. L. 105-33, set out as a note under section 1367 of this
title.
Effective Date of 1996 Amendment
Amendment by section 551(b)(1) of Pub. L. 104-208 applicable to
affidavits of support executed on or after a date specified by the
Attorney General, which date shall be not earlier than 60 days, and not
later than 90 days after the date the Attorney General formulates the
form for such affidavits, see section 551(c) of Pub. L. 104-208, set out
as an Effective Date of 1996 Amendment; Promulgation of Form note under
section 1183a of this title.
Abolition of Immigration and Naturalization Service and Transfer of
Functions
For abolition of Immigration and Naturalization Service, transfer of
functions, and treatment of related references, see note set out under
section 1551 of this title.
Section Referred to in Other Sections
This section is referred to in sections 1371, 1624, 1641 of this
title.
