Effective Date: July 1, 2016

Previous Policy

When a non-citizen 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 non-citizen's sponsor must be deemed to the non-citizen 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 non-citizen. See sec. 440 for MAGI-based income rules. Do not deem a sponsor's income to lawfully present children defined in 205-2.1 eligible for MAGI and non-MAGI programs.

Sponsored non-citizens 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 425-2 for policy on deeming the sponsor's income for non-MAGI-based eligibility groups.