Medical Assistance for People Who Are Age 65 or Older or People Who Are Blind or Have a Disability

2.3.3.2.2.1 Sponsor Asset Deeming

Sponsor deeming rules apply to noncitizens who are sponsored by an individual or individuals and have a signed Affidavit of Support (USCIS I-864), unless an exception is met.

Assets of a sponsor and the sponsor’s spouse are deemed to each noncitizen covered by the affidavit regardless of whether the sponsor actually contributes to the noncitizen’s household needs. Assets are deemed even if the sponsor or the sponsor’s spouse are receiving public assistance in Minnesota or another state.

If the sponsor is a member of the household:

The sponsor and the sponsor’s family members are counted in the applicant’s household composition. See Medical Assistance for People Who Are Age 65 or Older and People Who Are Blind or Have a Disability (MA-ABD) Household Composition policy for more information.
Applicable asset exclusions are applied to the sponsor’s assets.

If the sponsor is not a member of the household, the following rules apply:

The sponsor or the sponsor’s family members are not counted in the noncitizen’s household composition.
The sponsor or the sponsor’s spouse’s assets are not considered unavailable or excluded.

Applicants, enrollees, and sponsors must cooperate with supplying or obtaining sponsor information if sponsor deeming applies. If the applicant, enrollee, or sponsor fails to cooperate coverage may be closed. The Sponsor Letter (DHS-3453) reminds sponsors of their legal obligation to provide support and to request verification from the sponsor.

Exceptions to MA Sponsor Deeming

The sponsorship ends and sponsor deeming no longer applies when any of the following changes occur:

The sponsored immigrant becomes a naturalized citizen
The sponsor or sponsored immigrant dies
The sponsored noncitizen has attained at least 40 work quarters as determined by the Social Security Administration

Sponsor deeming does not apply to sponsored noncitizens when the noncitizen:

is under age 21
is pregnant. This exception ends when the sponsored pregnant person’s 12 month postpartum period ends. Sponsor deeming applies the month following the end of the postpartum period.
has sponsorship deferred by U.S. Citizenship and Immigration Services (USCIS) when their immigration status is changed to Battered 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

Exceptions to Form I-864 Sponsorship

Noncitizens who immigrate with a non-family based petition are not subject to sponsorship and sponsor deeming. These include, but are not limited to the following:

Battered noncitizens
Cuban Haitian entrants
Diversity visa recipients
Noncitizen sponsored by a business or organization that is not related to an immigrant
People with temporary protected status
Refugee and asylees

Legal Citations

Code of Federal Regulations, title 42, section 435.602

Minnesota Statutes, section 256B.06, subdivision 5

Personal Responsibility and Work Opportunity Reconciliation Act of 1996, title IV, Public Law 104–193, section 421 and 422