518           ALIEN SPONSOR INCOME

A sponsored alien is an alien admitted into the United States for permanent residence as defined in the Immigration and Nationality Act and, as a condition of entry, was sponsored by a person who executed an affidavit of support for the alien.

A.  Sponsor to Alien Deeming

Sponsors are required to execute an affidavit of support with the Immigration and Nationalization Service (INS) and demonstrate that they can provide enough financial support to the sponsored alien so he or she does not have to rely on public assistance benefits.

One way of showing financial support is to count part of the sponsor's income and resources as the alien's own when determining the alien's Medicaid eligibility and benefit level.  This attribution of income is called deeming.

When a sponsored alien applies for Medicaid, a portion of the income and resources belonging to the sponsor (and sponsor's spouse if the spouse is living with the sponsor) who has signed a legally binding affidavit of support is required to be deemed to the alien, regardless of actual availability.

The deeming rules apply only to eligible lawful permanent residents (LPRs) whose sponsor has signed a legally binding affidavit or support (Form I-864 or I-964A) on or after December 19, 1997.

If necessary, the caseworker may verify whether an alien has a sponsor by submitting INS Form G-845 and G845 Supplement (Document Verification Request and Supplement) to INS and requesting completion of block #7 Affidavit of Support.

B.  Aliens Not Subject to Sponsor-to-Alien Deeming

1. Aliens without sponsors, including refugees, asylees, parolees, persons granted withholding of deportation, Amerasians, Cuban or Haitian entrants.
    

Note:

Although some of these aliens may be sponsored by an organization such as a church, they are not sponsored on an I-864 Affidavit of Support and that organization does not have to sign a legally binding affidavit of support that would subject that individual to deeming requirements.

2. Aliens with 40 qualifying quarters of work.

3. Aliens who became lawful permanent residents before December 19, 1997 and aliens whose sponsors signed affidavits of support before December 19, 1997.

4. Aliens who are a battered spouse, battered child, or parents or a child of a battered person.  Deeming does not apply during any 12-month period providing the battered alien lives in a separate household from the person responsible for the battery.  The exemption can be extended for additional 12-month periods if the alien demonstrates that the battery is recognized by a court, administrative order, or by the INSImmigration and Nationalization Service and if DPADivision of Public Assistance determines that the battery has a substantial connection to the need for benefits.

5. Indigent aliens, whose total income and any cash or in-kind assistance provided by the sponsor or others are less than the gross income limit for the alien's household size.  Notify dpapolicy@alaska.gov if such determinations are made.  Each indigence determination is effective for 12-months and may be renewed for additional 12-month periods.

6. Aliens who are children under 18 years old.

C.  Periods of Deeming

Sponsor deeming lasts until:

1. The sponsored alien becomes a naturalized citizen;

2. The sponsored alien can be credited with 40 quarters of work;

3. The sponsored alien is no longer in the U.S.United States and is no longer a lawful permanent resident;

4. The sponsored alien meets one of the exceptions listed in ADLTC MS 518-B;

5. The sponsored alien becomes blind or disabled (at any age) after admission to the U.S.United States as a LPRLawful Permanent Resident;

6. The sponsored alien turned 65 years old after admission to the U.S. as a LPRLawful Permanent Resident;

7. The sponsored or the sponsored alien dies; or

8. Three years (36 months) after the date the sponsored alien was admitted to the U.S.United States as a LPRLawful Permanent Resident.

D.  Deeming Sponsor Income and Recourses

See APA MS 460-2(B)

E.  Changes in Sponsor

1. If the alien reports during the certification period that the sponsor has changed, the deemed income and resources are recalculated based on the income and resources of the new sponsor and sponsor's spouse.
    

2. If an alien loses his/her sponsor and does not obtain another, the deemed income and resources of the previous sponsor continue to be attributed to the alien until another sponsor is obtained or until the period of deeming ends, which occurs first.  

3. If the sponsor dies, the deemed income of the sponsor is no longer attributed to the alien.

F.  Sponsored Alien's Responsibilities

1. Provide information and verification needed to calculate deemed income at initial application and renewal.

2. Report the required information about the sponsor and sponsor's spouse if the alien obtains a new sponsor during the certification period.

3. Report if the sponsor or the sponsor's spouse change or lose employment or die during the certification period.

G.  Caseworker's Responsibilities

1. Obtain at initial application the name, address, and the phone number of the sponsor; verification of the income and resources of the sponsor and sponsor's spouse (if living with the sponsor).

2. Verify the income, resources, and any questionable information needed to determine the household's eligibility and benefit amount.

3. Assist the alien in obtaining verification.