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

SPONSOR DEEMING

3 REISSUED 07/01/10 – CHANGE NO. 11-10

V. IMMIGRANTS AFFECTED BY ALIEN SPONSOR DEEMING

Legal Permanent Residents (LPR’s) who applied for LPR status on or after December 19, 1997, and whose sponsor signed the I-864 Affidavit are subject to alien sponsor deeming rules. Not all sponsors of aliens who entered the country or applied for LPR status on or after December 19, 1997, are required to sign the I-864 Affidavit.

LPRs who are ineligible for full Medicaid because of sponsor deeming may still be evaluated for emergency Medicaid.

VI. BATTERED ALIEN EXEMPTION

A. Suspend sponsor deeming if the alien meets the following requirements.

1. A qualified alien, a qualified alien’s child, or a qualified alien child’s parent has been battered or subjected to extreme cruelty in the United States. The alien must provide evidence of abuse which includes but is not limited to:

● Reports or affidavits from police, judges or other court officials, medical personnel, school officials, clergy, Child Protective Services’ staff, or counselling or mental health personnel,

● Signed statement from a staff member at a shelter for battered individuals or homeless persons,

● Rental records or utility receipts in the battered alien’s name,

● School records,

● Statement by family member, friend, or other person knowledgeable of the battered alien’s circumstances; or

● Signed statement by the battered alien.

NOTE: The alien does not have to have an approved Violence Against Women Act (VAWA) petition, a prima facie approval of a VAWA petition, a VAWA cancellation of removal, or a prima facie approval of a VAWA cancellation in order to be exempt from sponsor deeming. However, if he does have one of these documents, it is verification that he has been subjected to extreme cruelty and no further verification is needed.