5156-6        RESOURCES OF ALIEN SPONSORS

 

When aliens who are legally sponsored under the legally enforceable affidavit of support and lawfully admitted into the United States apply for Family Medicaid benefits, the resources and income of the sponsor, and the sponsor's spouse if living together, are considered available to meet the alien's needs.  This continues until the alien becomes a U.S. citizen or obtains 40 work quarters/credits of Social Security coverage.  Such quarters do not include any quarters after December 31, 1996 in which the alien (or the alien’s spouse/parent on whose work record the alien is credited with quarters) receives Federal means-tested benefits.  This does not apply to aliens who are dependent children of the sponsor or the spouse of the sponsor.

 

A sponsor is defined as an individual or individuals, not an organization, who agreed to support (by affidavit or similar agreement) an alien as a condition of the alien's entry into the United States.  Sponsorship does not stop for Family Medicaid purposes even if a sponsor withdraws his support officially with the Immigration and Naturalization Services (INS).  Income and resources of sponsors receiving Supplemental Security Income ( SSI ) or Family Medicaid are not considered available to an alien.

 

The resources considered available to the alien from the sponsor are the balance of countable resources above $2,000 (or $3,000 for a sponsor living with a spouse).

 

In any case where an individual is the sponsor of two or more aliens, the income and resources of the sponsor (and the sponsor's spouse, if living with the sponsor) which would otherwise be considered the income and resources of an alien would be equally divided between or among the sponsored aliens.

 

It is the responsibility of the alien to provide the caseworker with any information and documentation to determine the income and resources of the sponsor that can be considered available to him and to obtain any cooperation necessary from the sponsor.

 

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MC #40 (02/09)