305.07 Ineligible Sponsored Noncitizens (FAM)

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Noncitizens who are sponsored by any private or government organization are ineligible for 3 years following entry to obtain permanent residence.

Exceptions: The sponsor no longer functions as a sponsor, or the sponsor is unable to meet the noncitizen’s total needs. *

• If the noncitizen claims that the sponsoring organization no longer exists, the noncitizen must provide a signed and dated written statement which includes the agency’s name and former address, a statement that the agency or organization no longer exists, and the reason the sponsoring agency or organization no longer exists, if known.

• If the sponsor is contributing no money to the noncitizen, or the sponsor’s money contribution, when combined with the noncitizen’s other countable income, makes the individual income-eligible for FANF, the sponsor is not meeting the noncitizen’s total needs. The noncitizen must obtain a signed and dated affidavit on which the sponsoring agency or organization has given the following information:

- the noncitizen's name;

- the noncitizen's date of entry into the United States;

- the name and address of the sponsor;

- the amount of money the sponsor contributed to the noncitizen, if any;

- the reason the sponsor cannot meet the noncitizen 's total needs; and

- a statement that the sponsor agrees to a financial audit when needed to substantiate conflicting information.

References: He-W 616.01, 45 CFR 233.51, 8 USC 1601, 8 USC 1624, 8 USC 1631