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North Carolina Department of Health and Human Services AGED, BLIND, AND DISABLED MEDICAID MANUAL MA-2262

SPONSOR DEEMING

2 REVISED 07/01/10 – CHANGE NO. 11-10 (III.)

K. If the child is under age 21 for Family and Children’s or under age 18 for Aged, Blind and Disabled, count income as a parent rather than a sponsor. If the child is over these ages, count the parent or spouse’s income as a sponsor.

IV. ALIENS EXEMPT FROM SPONSOR DEEMING

The following aliens are not subject to the alien sponsor deeming rules:

A. LPRs who entered the country before December 19, 1997;

B. LPR’s who applied for a visa or adjusted their status before December 19, 1997;

C. Any alien eligible only for emergency coverage;

D. Aliens who are victims of domestic violence or extreme cruelty (battered aliens). See VI. Battered Alien Exemption below;

E. Indigent aliens (See VII. Indigent Alien Exemption below.);

F. LPRs who adjusted from refugee or asylee status;

G. Qualified aliens who are sponsored by an organization or who are not required to have a sponsor (i.e. refugees, asylees, parolees, and Cuban and Haitian entrants, victims of a severe form of trafficking and aliens whose deportation is being withheld).

H. Aliens who have become a U.S. citizen or accrue 40 qualifying quarters of work credit. (See MA-2504, Alien Requirements, for procedures on verifying 40 qualifying quarters.)

I. Aliens whose sponsor did not sign the I-864 Affidavit; and

J. Aliens whose sponsor signed one of the following forms.

1. INS Form I-134 – Affidavit of Support

2. INS Form I-361 – Affidavit of Financial Support and Intent to Petition for Legal Custody for P.L. 97-459 Amerasian