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Effective: December 1, 2006 |
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18.05ar1 - Sponsor Deeming (Archive) |
Archived: April 1, 2008 |
Certain noncitizens may have a sponsor whose income and assets must be deemed to that noncitizen when he or she is applying for health care. This section provides information on how to determine if a noncitizen has a sponsor, if the noncitizen is exempt or excluded from sponsor deeming, general sponsor deeming requirements and how to verify the identity of the sponsor.
For sponsor deeming provisions for a specific program, see Sponsor Deeming Program Provisions.
Steps to Determine Sponsor Deeming.
For Social Security Administration (SSA) purposes, a qualifying work quarter is a calendar quarter during which an immigrant had covered employment.
A sponsor can be a person, church, organization or group agreeing to help receive and place refugees in the U.S. A sponsor can also be a person who agrees to provide financial support to an immigrant as a condition of entry into the U.S.
Steps to Determine Sponsor Deeming
Follow these steps to determine sponsor deeming:
1. Determine if the noncitizen has a sponsor.
2. Determine if the noncitizen meets an exclusion from sponsor deeming.
3. Request verification of sponsorship, and obtain a release of information to contact the sponsor.
4. Determine if the noncitizen meets an exception from sponsor deeming.
l If an exception is met, continue to the next step only for income the sponsor is actually contributing to the noncitizen.
l If there is no exception, continue to the next step.
5. Determine and verify the sponsor’s countable income and assets that will be deemed to the noncitizen following sponsor deeming program provisions.
The United States Citizenship and Immigration Services (USCIS) determines if a person meets the criteria to be a sponsor, and whether a noncitizen needs a sponsor to enter the U.S.
There are many different ways a person can be sponsored but for health care purposes review sponsor deeming rules for client’s who have been sponsored using the USCIS Affidavit of Support (USCIS I-864). If another form has been used do not deem sponsor income and assets.
To help aid you in determining if a client is sponsored:
l If the client is a Lawful Permanent Resident (LPR) and entered the U.S. or adjusted their status on or after December 19, 1997, then check for an Affidavit of Support (USCIS I-864).
l You can also check for family-based codes for an LPR on their I-551 immigration card. If one of the codes is found, it is a good probability that the client is sponsored.
A person will continue to be sponsored until the noncitizen either:
l Leaves the country.
l Dies.
l Earns 40 qualifying work quarters.
Note: A noncitizen who has been in the U.S. for 10 years or more, may have 40 qualifying work quarters. In this case verify qualifying work quarters.
Example:
Shawn entered the U.S. twelve years ago. He was sponsored by his grandfather. Shawn is applying for health care because he lost his job. Shawn tells his worker that he does not want to bother his grandfather in regard to sponsor deeming.
Action:
Because Shawn has been in the U.S. for over 10 years, verify Shawn’s work quarters with the Social Security Administration. If he has 40 or more qualifying work quarters his grandfather’s income and assets will no longer be deemed.
Noncitizens who meet an exclusion from sponsor deeming do not need to provide information about or verification of the sponsor.
The following noncitizens are excluded from sponsor deeming requirements:
l Refugees.
l Asylees.
l EMA clients.
Example:
Maria is a 49-year-old noncitizen subject to the sponsor deeming provisions. She is hospitalized and applies for health care. She is certified as disabled by the State Medical Review Team (SMRT). Her medical condition also qualifies as an emergency medical condition.
Action:
Since she is potentially eligible for EMA, do not request any information concerning Maria’s sponsor. Determine Maria’s eligibility for EMA as the priority program without considering sponsor’s income or assets.
l MA-BC clients.
l CVT clients.
l Immigrants sponsored by a business or organization which has no relation to the immigrant.
Example:
The local Russian church sponsors twelve individuals from Russia.
Action:
Do not deem income and assets of the church to the immigrant.
There are two exceptions to deeming income and assets from a sponsor to a client.
l Facility Placement.
Do not deem sponsor’s income or assets if the noncitizen needs placement in a facility and placement is jeopardized by the sponsor’s failure or inability to provide support, or inability of the client to locate the sponsor.
n Deem only the income the sponsor and/or sponsor’s spouse actually contributes to the noncitizen.
n Require the client to explain why the sponsor is not providing support.
l Battered or Extreme Cruelty.
If the noncitizen or his/her children have been battered or subjected to extreme cruelty a deferment of sponsor deeming can be approved for 12 months.
n Deem only income the sponsor or sponsor’s spouse actually contributes to the noncitizen and his/her children.
n The deferment can be extended an additional 12 months if all of these conditions are met:
m The noncitizen or children continue to have a need related to the battery.
m They have either an order for protection or a USCIS determination.
m The sponsor is the batterer.
To meet this exception the noncitizen or his/her children must have either:
n A Battered Status granted by the USCIS.
n A determination by the county or MCRE operations that the noncitizen or his/her children have been battered or subjected to extreme cruelty. This requires a statement of abuse from the client or other documentation such as:
m Police, government or court records.
m Statement from a battered women’s shelter staff or sexual assault or domestic violence advocate with knowledge of circumstances or credible evidence that supports a sworn statement.
m Statement from a professional from whom the client has sought assistance about the abuse.
m A sworn (notarized) statement from any other person with knowledge of the circumstances or credible evidence that supports the sworn statement.
The noncitizen or his/her children must also meet both of the following conditions:
n They are not living with the batterer.
n There is substantial connection between the need resulting from the battery and the need for coverage through the health care programs.
A client must cooperate with supplying or obtaining sponsor information if deeming is required. The sponsor must also cooperate. If the client or the sponsor do not supply sponsor information, or cooperate with obtaining the information, deny or close coverage.
For noncitizens subject to sponsor deeming do both of the following:
l Verify the sponsor’s identity by requesting a copy of the Affidavit of Support USCIS I-864.
If the client or sponsor is unable to supply a copy of the affidavit, or the client appears to be subject to sponsor deeming but claims not to have a sponsor follow these steps to find out if there is a sponsor and/or the sponsor's identity:
1. Obtain a release of information from the client to contact the USCIS.
2. Complete a Document Verification Request (USCIS G-845). This form is available online at the USCIS website and must be reproduced as a two-sided document.
3. Complete a Document Verification Request Supplement (USCIS G-845 Supplement). This form is not available online but may be reproduced or requested from the USCIS Forms Request Line at 1-800-870-3676. This form must be reproduced as a two-sided document.
4. Send the readable, completed forms to:
U.S. Citizen and Immigration Services
Attn. Immigration Status Verifier
St. Paul District
2901 Metro Drive, Suite 100
Bloomington, MN 55425
l Obtain a release of information from the client to contact the sponsor.
Upon receipt of the release of information, send the sponsor the Sponsor Letter (DHS-3453). This form reminds the sponsor of the legal obligation to provide support and requests verification of the sponsor’s and the sponsor’s spouse’s income and assets.
n Do not request verification of assets if the client is exempt from the asset limit.
n Deny or close coverage if the sponsor fails to respond to the Sponsor Letter or fails to provide verification.
Reported changes should be acted upon for the next available month allowing for timely notice. Changes that may impact eligibility for the sponsored client include, but are not limited to:
l Immigration status.
l Living arrangement with sponsor changes.
l Sponsor income or asset changes.
Note: Some income changes will not affect MCRE eligibility for the next available month.
l 40 qualifying work quarters are attained.