The California Department of Social Services (CDSS) has issued instructions about sponsor deeming in the Cash Assistance Program for Immigrants (CAPI) program.  If the CAPI applicant or recipient’s sponsor is disabled, the sponsor’s income is deemed to the CAPI applicant or recipient until the sponsor dies, the applicant or recipient naturalizes or the applicant or recipient has worked for 40 quarters in the United States.  If the sponsor is not disabled, deeming is for 10 years from date of entry or date of execution of the affidavit of support, whichever is later.

When sponsor deeming applies, the sponsor must provide the county with their income and resources when the sponsored immigrant applies for CAPI and at least annually after CAPI is granted.  The county will send a form to the sponsor and the CAPI applicant or recipient requesting information from the sponsor.  The SOC 860 form is recommended but not required.  The sponsor will be given 15 days to provide the information.  If the sponsor does not respond, the county will send a second copy of the form to the sponsor.  If the sponsor does not respond, the county will deny or discontinue CAPI.  If the sponsor does not submit requested verification, the county will deny or discontinue CAPI.

If an immigrant is no longer being provided with support by their sponsor, and as a result the immigrant is no longer able to provide themselves with food and shelter, the immigrant may be eligible for the indigence exception to sponsor deeming.  The applicant or recipient can apply for the indigence exception by completing the SOC 809 form.  The county will compare the information provided by the applicant or recipient and the information from the sponsor in deciding whether to grant the indigence exception.  Note that when the sponsor has no income, there is no need for the indigence exception because the sponsor has no income to deem.

If the whereabouts of the sponsor are unknown, the county investigates the sponsor’s location by submitting a Form G-845 to USCIS.  If the county is satisfied based on the response to the G-845 and any other investigation the county does that the sponsor’s whereabouts are unknown, the county should accept the CAPI applicant or recipient’s statement regarding the sponsor’s lack of support unless those statements conflict with other information in the case file.  (ACL 17-33, April 17, 2017.)

Effective January 1, 2017, the Cash Assistance Program for Immigrants (CAPI) payment standard increased by 2.76%.  This increase also caused increases in the presumed maximum value of in-kind support and maintenance, the allowance for ineligible children in deeming situations, the sponsor’s allocation in alien deeming situations and the allowance for parents in parent-to-child deeming situations.

For couples where one spouse receives SSI and the other receives CAPI, budgeting will be done prospectively to prevent the couple from receiving more than the appropriate couples payment standard because of the increase in CAPI benefits.

CDSS included a chart of the new CAPI payment standards.  (ACIN I-81-16, December 19, 2016.)

CDSS has issued instructions about the definition of Permanent Resident Under Color of Law (PRUCOL) for purposes of eligibility for Cash Assistance Program for Immigrants (CAPI) benefits.  One way that people can be eligible for CAPI is if they are PRUCOL.  For CAPI purposes, PRUCOL refers to 12 categories of non-citizens.  The twelfth category is a general classification for people who can show that USCIS knows they are in the United States and USCIS does not intend to deport them.

A non-citizen can demonstrate that USCIS is aware of their presence in the United States by showing correspondence with USCIS. Individuals who are subject to an order of deportation or who overstay their visas cannot qualify.

A non-citizen can show that USCIS does not intend to deport them by showing it is USCIS’ policy or practice not to deport aliens in the same category.

The Systemic Alien Verification for Entitlements (SAVE) system for verifying immigration status does not identify people as PRUCOL.  Counties must determine whether people qualify as PRUCOL.  (ACIN I-79-16, November 30, 2016.)

The California Department of Social Services has issued a clarification that citizens of the free associated states of the Marshall Islands, Micronesia Palau are eligible for the Cash Assistance Program for Immigrants (CAPI).

Persons are eligible for CAPI if they are lawful immigrants who would have been eligible for Supplemental Security Income (SSI) benefits before August 22, 1996, the day the federal welfare reform law became effective.  Lawful immigrants who were eligible for SSI before August 22, 1996 include persons who qualify as Persons Residing Under Color Of Law (PRUCOL).

Citizens of the freely associated states are PRUCOL and are therefore eligible for CAPI.  ACL 16-33 (May 2, 2016).