All Medicaid Programs |
Obsolete Policy |
When an alien who is required to have a sponsor applies for entry, or a change in status, on or after December 19, 1997, their sponsor must sign a legally enforceable Affidavit of Support, Form I-864, with INS.
When the sponsor has signed an I-864, income from the alien's sponsor must be deemed to the alien when determining eligibility for non-MAGI Medicaid groups such as the aged, blind or disabled, medically needy, etc. Do not deem sponsor's income when determining eligibility under one of the MAGI-based eligibility groups unless the sponsor is someone whose MAGI-based income must be counted according to the MAGI rules. Do count actual cash contributions the sponsor gives to the alien. See sec. 342 for MAGI-based income rules.
· Sponsored aliens should know that they were required to have a sponsor, even though they may not have a copy of the Affidavit of Support form.
· Iraqi and Afghan Special Immigrants are not required to have sponsors, so sponsor deeming does not apply at any time.
· Sponsor deeming only applies when the sponsor is an individual.
· Do not deem the income or resources of a sponsoring agency or corporation.
See Section 403-14 for policy on deeming the sponsor's income for non-MAGI-based eligibility groups.