Section R9-22-316. Exemptions from Sponsor Deemed Income

A.      An applicant shall provide proof to the Administration or its designee when claiming an exemption from sponsor deemed income.

B.       The Administration or its designee shall grant an exemption from deeming a sponsor's income for a Lawful Permanent Resident applicant if the applicant:

1.        Adjusted immigration status to Lawful Permanent Resi- dent from status as a refugee or asylee;

2.        Is the spouse or dependent child of the sponsor and lives with the sponsor;

3.        Is indigent as specified in subsection (C);

4.        Is a victim of domestic violence or extreme cruelty as specified in subsection (D); or

5.        Has acquired 40 qualified quarters of work credit based on earnings as specified in subsection (E).

C.      Exemption from sponsor deeming based on indigence.

1.        The Administration  or its designee shall consider the applicant indigent and grant an exemption from sponsor deemed  income  for  an  applicant,   for  a  period  of  12

months beginning with the first month of eligibility if all the following are met:

a.         An applicant is indigent if all of the following are met:

i.         The applicant does not reside with the appli- cant's sponsor;

ii.        The applicant does not receive free room and board; and

iii.      The applicant's  total gross  income including monies received from the sponsor and the value of any vendor payments received for food, util- ities, or shelter does not exceed 100% of the FPL for the size of the income group.

2.        The Administration or its designee shall send a notice under 8 U.S.C. 1631(e)(2) to the Attorney General’s Office when approving an applicant who is exempt from sponsor deemed income due to indigence.

D.      The Administration or its designee shall grant an exemption from sponsor deemed income for an applicant who is a victim of domestic violence or extreme cruelty under 8 CFR 204.2 for a period of 12 months beginning with the first month of eligi- bility. The Administration or its designee shall redetermine the exemption status at each renewal.

1.        The Administration or its designee considers an applicant to be a victim of domestic violence or extreme cruelty when all of the following are met:

a.         The applicant is the victim, the parent of a child vic- tim, or the child of a parent victim;

b.        The perpetrator of the domestic violence or extreme cruelty was the spouse or parent of the victim or other family member related by blood, marriage or adoption to the victim;

c.         The perpetrator was residing in the same household as the victim when the abuse occurred;

d.        The abuse occurred in the United States;

e.         The applicant did not participate in the domestic vio- lence or cruelty; and

f.         The victim does not currently live with the perpetra- tor.

2.        The applicant shall provide proof that the applicant or the applicant's child is a victim of domestic violence or extreme cruelty by presenting one of the following:

a.         USCIS form I-360 Petition for Ameriasian, Widow, or Special Immigrant;

b.        USCIS form I-797  USCIS approval of  the I-360 petition;

c.         Reports or affidavits concerning the domestic vio- lence or cruelty documented by police, judges, or other court officials, medical personnel, school offi- cials, clergy, social workers, counseling or mental health personnel, or other social service agency per- sonnel;

d.        Legal documentation, such as an order of protection against the perpetrator or an order convicting the perpetrator of committing an act of domestic vio- lence or extreme cruelty that chronicles the exis- tence of domestic violence or extreme cruelty;

e.         Evidence that indicates that the applicant sought safe haven in a battered women's shelter or similar refuge because of the domestic violence or extreme cruelty against the applicant or the applicant's child; or

f.         Photographs of the applicant or applicant's child showing visible injury.

E.       The Administration or its designee shall grant an exemption from sponsor deemed income for an applicant who has reached 40 qualifying quarters of work credit.

1.        The Administration or its designee shall not count quar- ters credited after January 1, 1997 that were earned while the applicant was receiving any federal means-tested ben- efits.

2.        The Administration or its designee shall not count the 40 qualifying quarters of work credit unless the credited quarters are:

a.         Quarters that the applicant worked;

b.        Quarters   worked   by  the  applicant's  spouse  or deceased spouse during their marriage; or

c.         Quarters worked by the applicant's parents when the applicant was under age 18.

Historical Note

Adopted effective August 30, 1982 (Supp. 82-4). Former Section R9-22-316 repealed, new Section R9-22-316 adopted as an emergency effective February 9, 1983, pur- suant to A.R.S. § 41-1003, valid for only 90 days (Supp.

83-1). Former Section R9-22-316 repealed, new Section R9-22-316 adopted as a permanent rule effective May 16, 1983; text of permanent rule identical to the emergency (Supp. 83-3). Amended effective October 1, 1983 (Supp. 83-5). Correction subsection (A), paragraph (1) amended effective October 1, 1983, (Supp. 83-6). Amended as an emergency effective May 18, 1984, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 84-3). Amended as an emergency effective August 16, 1984, pursuant to

A.R.S. § 41-1003, valid for only 90 days (Supp. 84-4). Emergency expired. Former Section R9-22-316 repealed, new Section R9-22-316 adopted effective November 20, 1984 (Supp. 84-6). Amended effective October 1, 1985 (Supp. 85-5). Amended subsection (C) effective October 1986 (Supp. 86-5). Change in heading only effective Jan-

uary 1, 1987, filed December 31, 1986 (Supp. 86-6).

Amended effective April 13, 1990 (Supp. 90-2). Section repealed by final rulemaking at 5 A.A.R. 294, effective January 8, 1999 (Supp. 99-1). New Section R9-22-316 made by final rulemaking at 20 A.A.R. 192, effective Jan- uary 7, 2014 (Supp. 14-1).