B Sponsored Noncitizen Deeming

Policy

Noncitizens lawfully admitted into the United States for permanent residence under the Immigration and Nationality Act are qualified aliens.  Some of these Lawful Permanent Residents (LPR) are sponsored by others who are responsible for their support. 

A part of the sponsor’s income may need to be deemed to an LPR customer when determining eligibility.  If the sponsor is married and lives with his or her spouse, the spouse’s income is also deemed.  If the sponsor’s income must be deemed, the deemed income is counted in determining:

·        Income eligibility;

·        ALTCS Share of Cost (SOC); and

·        Premiums.

Income deemed from a sponsor is only counted toward the LPR.  It is not counted for the LPR’s spouse, children, or any other budget group member.

NOTE          Sponsor deeming is not applied if the sponsor and the LPR customer are in the same budget group.  For example, the LPR’s husband is her sponsor, and they live together.

1)    Noncitizens Subject to Sponsor Deeming Rules

The sponsor deeming rules apply only to customers who:

·        Are Lawful Permanent Residents (LPRs);

·        Are eligible for full AHCCCS Medical Assistance services.;

·        Were granted LPR status on or after December 19, 1997;

·        The sponsor signed a USCIS-864, Affidavit of Support.

NOTE      If the sponsor signed any affidavit of support other than the USCIS-864, sponsor deeming does not apply.

2)    Noncitizens NOT Subject to Sponsor Deeming

Customers who are Lawful Permanent Residents (LPRs) are not subject to the sponsor deeming rules when the LPR:

·        Immigration status was adjusted to LPR from a status of refugee or asylee.  Persons who adjusted from these classifications are exempt from sponsor deeming, even if they have sponsors;

·        Qualifies only for Federal Emergency Services (FES);

·        Is indigent;

·        Is a victim of domestic violence or extreme cruelty; or

·        Has 40 qualified quarters of coverage based on earnings.

3)    When Does Sponsor Deeming Stop?

The sponsor deeming requirement stops when:

·        The sponsor dies (see MA1502G for proof required);

·        The customer becomes a naturalized U.S. citizen; or

·        The customer qualifies for an exemption:

o   Becomes indigent;

o   Becomes the victim of battery or extreme cruelty; or

o   Can be credited with 40 qualifying quarters of coverage.

4)    Sponsored Deeming Exception for Indigent Customers

A customer is indigent when the total income for the customer’s budget group is less than or equal to 100% of the FPL for the size of the income group.  The value of in-kind support, vendor payments, and contributions provided to the customer in cash or for food, clothing, shelter, or utilities are included in the total income.

Exception:

A customer is indigent only when he or she is unable to obtain food and shelter, therefore the customer is not indigent when:

·        The customer is living with his or her sponsor. Assume that the sponsor is providing food and shelter and meeting the customer’s food and shelter needs; or

·        The customer is not living with his or her sponsor but is receiving free room and board.

If the customer is determined to be indigent, the sponsor’s income and resources are not deemed to the customer for 12 months beginning with the application month.  Only the amount of cash actually provided by the sponsor to the customer is counted.  The customer must be determined indigent at renewal to continue to qualify for the sponsor deeming exception.

5)    Sponsored Noncitizen Deeming Exception for Victims of Domestic Violence and Extreme Cruelty

Sponsor deeming does not apply (even when a sponsor has completed the I-864 Affidavit of Support) when a customer with Lawful Permanent Resident status is:

·        A victim of domestic violence or extreme cruelty;

·        The parent of a battered child; or

·        The child of a battered parent.

All of the following must be met for the customer to qualify for the exemption:

·        The abuser was the spouse or parent or other family member of the victim;

·        The abuser was residing in the same household as the victim when the abuse occurred;

·        The abuse occurred in the United States;

·        The customer did not participate in the battery or cruelty; and

·        The victim does not currently live with the abuser.

The exemption applies for a period of 12 months and must be re-verified at renewal.

6)    Sponsor Deeming Exemption Due to Forty Qualifying Quarters of Work

When a sponsored LPR has 40 qualifying quarters of work credit, sponsor deeming does not apply.

·        A person can earn up to four qualifying quarters each year: one for each calendar quarter of the year.  The income must have been earned in the U.S. or a U.S. territory by a U.S. citizen or a noncitizen authorized to work in the U.S.  When the customer or spouse are getting SSA retirement income, it means they have 40 qualifying quarters.

·        Any of the following can be used toward the customer’s 40 quarters:

·        Quarters worked by the customer;

·        Quarters worked by the customer’s spouse during their marriage, even if the spouse is now deceased. Spouse’s quarters cannot be used if the customer and spouse are divorced.

·        Quarters worked by the customer’s parents while the customer was under age 18.

Exception:

Beginning January 1, 1997, any quarter in which the wage-earner received a federal means-tested benefit cannot be counted as a qualifying quarter.

A person cannot get credit for future quarters.  For the current year, credit can only be given for the current and past quarters, even if enough income has been earned to cover all four quarters.

Example - Counting Only Current and Past Quarters

A chart of the earnings needed by year to get credit for a qualifying quarter is available at https://www.ssa.gov/oact/cola/QC.html#qcseries

7)    Deeming the Sponsor’s Income

Deemed income is unearned income to the customer.  The sponsor’s income is deemed only to the person named on the Affidavit of Support.  When the sponsor’s income is deemed, actual cash contributions from the sponsor are not counted as income to the customer.

A person may sponsor more than one noncitizen.  Similarly, a noncitizen may be sponsored more than one person.  See the following table for treatment of multiple deeming situations:

Deeming Calculation

Use the steps below to determine the income amount deemed to the customer:

Definitions

Proof

Proof of sponsorship

In most cases, sponsorship is verified through the United States Citizenship and Immigration Services (USCIS) SAVE Verification Information System (VIS).

Proof of sponsorship is not needed when the customer became an LPR before 12/19/1997, or is exempt from sponsor deeming. 

The Affidavit of Support Form I-864, is accepted as proof of sponsorship.  If the customer has any other Affidavit of Support Form, sponsor deeming does not apply.

Proof of Domestic Violence or Extreme Cruelty

The following documents are accepted to verify that the customer is a victim or the parent or child of a victim:

Proof of Qualifying Quarters

The following documentation is accepted as proof when determining qualifying quarters:

·        Social Security records showing qualifying quarters earned;

·        Receipt of SSA retirement when no federal means-tested benefits were received during the earnings period;

NOTE      Social Security records may not include the most current qualifying quarters.

·        Pay stubs;

·        W-2 forms;

·        Statements from employers; and

·        Copy of a Federal or State tax return;

·        Timely filed self-employment tax forms; or

·        Union records

Proof of the Sponsor’s Income

When sponsor deeming applies, the customer must provide proof of income for:

·        The sponsor; and

·        If living with the sponsor, the sponsor’s spouse.

See MA606 for proof of income by income type.

Legal Authority

This requirement applies to the following programs: