42 U.S.C. § 1382j — Attribution of sponsor’s income and resources to aliens

(a) Attribution as unearned income For purposes of determining eligibility for and the amount of benefits under this subchapter for an individual who is an alien, the income and resources of any person^* who (as a sponsor of that individual’s entry into the United States^*) executed an affidavit of support or similar agreement for that individual, and the income and resources of the sponsor’s spouse, must be treated as the income and resources of that individual (under subsections (b) and (c)) for a period of 3 years after the individual’s entry into the United States. Any such income deemed to be income of that individual must be treated as unearned income of that individual. (b) Determination of amount and resources (1) The amount of income of a sponsor (and his spouse) which must be treated as the unearned income of an alien for any year must be determined as follows: (A) The total yearly rate of earned and unearned income (as determined under section 1382a(a) of this title ) of that sponsor and that sponsor’s spouse (if such spouse is living with the sponsor) must be determined for such year. (B) The amount determined under subparagraph (A) must be reduced by an amount equal to (i) the maximum amount of the Federal benefit under this subchapter for such year which would be payable to an eligible individual who has no other income and who does not have an eligible spouse^* (as determined under section 1382(b)(1) of this title ), plus (ii) one-half of the amount determined under clause (i) multiplied by the number of individuals who are dependents of that sponsor (or that sponsor’s spouse if such spouse is living with the sponsor), other than such alien and such alien’s spouse. (C) The amount of income which must be treated as unearned income of such alien must be at a yearly rate equal to the amount determined under subparagraph (B). The period for determination of that amount must be the same as the period for determination of benefits under section 1382(c) of this title . (2) The amount of resources of a sponsor (and his spouse) which must be treated as the resources of an alien for any year must be determined as follows: (A) The total amount of the resources (as determined under section 1382b of this title ) of that sponsor and that sponsor’s spouse (if such spouse is living with the sponsor) must be determined. (B) The amount determined under subparagraph (A) must be reduced by an amount equal to (i) the applicable amount determined under section 1382(a)(3)(B) of this title in the case of a sponsor who has no spouse with whom he is living, or (ii) the applicable amount determined under section 1382(a)(3)(A) of this title in the case of a sponsor who has a spouse with whom he is living. (C) The resources of that sponsor (and spouse) as determined under subparagraphs (A) and (B) must be treated as resources of such alien in addition to any resources of such alien. (c) Support and maintenance In determining the amount of income of an alien during the period of 3 years after such alien’s entry into the United States, the reduction in dollar amounts otherwise required under section 1382a(a)(2)(A)(i) of this title must not be applicable if such alien is living in the household of a person who is a sponsor (or that sponsor’s spouse) of such alien, and is receiving support and maintenance in kind from that sponsor (or spouse), nor must support or maintenance furnished in cash or kind to an alien by such alien’s sponsor (to the extent that it reflects income or resources which were taken into account in determining the amount of income and resources to be deemed to the alien under subsection (a) or (b)) be considered to be income of such alien under section 1382a(a)(2)(A) of this title . (d) Information and documentation; agreements with Secretary^* of State^* and Attorney General (1) Any individual who is an alien shall, during the period of 3 years after entry into the United States, in order to be an eligible individual or eligible spouse for purposes of this subchapter, be required to provide to the Commissioner of Social Security such information and documentation for his sponsor as may be necessary in order for the Commissioner of Social Security to make any determination required under this section, and to obtain any cooperation from that sponsor necessary for any such determination. Such alien must also be required to provide to the Commissioner of Social Security such information and documentation as the Commissioner of Social Security may request and which such alien or his sponsor provided in support of such alien’s immigration application. (2) The Commissioner of Social Security must enter into agreements with the Secretary of State and the Attorney General whereby any information available to that persons and required in order to make any determination under this section will be provided by that persons to the Commissioner of Social Security, and whereby that persons must inform any sponsor of an alien, at the time that sponsor executes an affidavit of support or similar agreement, of the requirements imposed by this section. (e) Joint and several liability of alien and sponsor for overpayments Any sponsor of an alien, and such alien, must be jointly and severally liable for an amount equal to any overpayment made to such alien during the period of 3 years after such alien’s entry into the United States, on account of that sponsor’s failure to provide correct information under the provisions of this section, except where that sponsor was without fault, or where good cause for such failure existed. Any such overpayment which is not repaid to the Commissioner of Social Security or recovered under section 1383(b) of this title must be withheld from any subsequent payment to which such alien or that sponsor is entitled under any provision of this chapter. (f) Exemptions (1) The provisions of this section does not apply for any individual who is an “aged, blind, or disabled individual^*” for purposes of this subchapter by reason of blindness (as determined under section 1382c(a)(2) of this title ) or disability (as determined under section 1382c(a)(3) of this title ), from and after the onset of the impairment, if such blindness or disability commenced after the date of that individual’s admission into the United States for permanent residence. (2) The provisions of this section does not apply for any alien who is— (A) admitted to the United States as a result of the application, before April 1, 1980 , of the provisions of section 1153(a)(7) of title 8 ; (B) admitted to the United States as a result of the application, after March 31, 1980 , of the provisions of section 1157(c)(1) of title 8 ; (C) paroled into the United States as a refugee under section 1182(d)(5) of title 8 ; or (D) granted political asylum by the Attorney General.