The following
aliens are not subject to the alien sponsor deeming rules and so do not
deem the income/resources of a sponsor if the alien falls into any of the
following categories:
- The alien is a refugee OR
- The alien is a parolee OR
- The alien is an asylee OR
- The alien is a Cuban entrant OR
- The alien is a Haitian entrant OR
- Lawful Permanent Residents (LPR) who adjusted from refugee or
asylee status OR
- Lawful Permanent Residents (LPR) who entered the country before
December 19, 1997 OR
- Lawful Permanent Residents (LPR) who applied for a visa or
adjusted their status before December 19, 1997 OR
- Indigent Alien Exemption applies for 12 months from the month of
determination OR
- The sponsored alien becomes a naturalized citizen OR
- The sponsored alien has worked, or can be credited with, 40
qualifying quarters OR
- The alien's sponsor dies OR
- The sponsored alien leaves the U.S. permanently OR
- Sponsor signed the INS Form I-134 Affidavit of Support or the INS
Form I-361Affidavit of Financial Support and Intent to Petition for
Legal Custody for P.L. 97-459 Amerasian OR
- Battered alien spouse, alien parent of a battered child, or child
of a battered alien, are exempt from deeming for 12 months and the
batterer must not be part of the household OR
- The alien is a victim of severe forms of trafficking OR