An official State of Texas website.
Revision 16-3; Effective September 1, 2016
Note: Sponsor-to-alien deeming policy does not apply to individuals applying for Emergency Medicaid Coverage for Aliens. Please see Section A-2200 for more.
The applicant/recipient must first be eligible based on all eligibility criteria before proceeding with sponsor-to-alien deeming.
Keep in mind that most alien applicants who have sponsors will not be eligible aliens. One example of a sponsored alien who could be eligible (and subject to sponsor-to-alien deeming) is a sponsored legally admitted for permanent residence (LAPR) alien who is the spouse of a veteran of the U.S. Armed Forces.
Deeming of income and resources for the eligibility and copayment budgets apply regardless of whether:
- the alien and sponsor live in the same household;
- the income and resources are actually available to the alien; and
- the type of assistance for which the alien is applying.
This is because the sponsor agreed to support the alien as a condition of the alien's admission to the U.S. when signing the affidavit of support.
If the alien's sponsor is the alien's ineligible spouse or parent, sponsor deeming, not spouse-to-spouse or parent-to-child deeming, applies in the case. If sponsor deeming does not apply, for instance the alien has 40 qualifying quarters or meets another exception in D-9220, then apply spouse-to-spouse or parent-to-child deeming.
The income and resources of the sponsor's spouse are included if the sponsor and his or her spouse live in the same household.
For deeming purposes, a sponsor does not include an organization such as a church congregation or a service club, or an employer who only guarantees employment for an alien upon entry to the U.S. but does not sign an affidavit of support.
D-9210 Deeming Period
Revision 12-4; Effective December 1, 2012
The income and resources of an alien are deemed to include the income and resources of the alien's sponsor beginning from the alien's date of admission into the U.S.
The date of admission is the date established by the U.S. Citizenship and Immigration Services as the date the alien is admitted for permanent residence.
Deeming ceases to apply the month after the month:
- the alien becomes a naturalized citizen of the U.S.;
- the sponsor dies; or
- the alien is no longer LAPR and has departed the U.S.
Deeming ceases to apply in the month the LAPR alien can be credited with 40 quarters.
If none of the above events occurs, deeming continues indefinitely.
D-9220 Deeming Exceptions
Revision 12-4; Effective December 1, 2012
Sponsor-to-alien deeming does not apply to all aliens.
Deeming does not apply to aliens:
- who were sponsored by an organization or are not required to have sponsors,
- with 40 qualifying quarters,
- with refugee status,
- with asylee status,
- whose deportation has been withheld.
Exceptions also apply when:
- 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 U.S., and
- there is a substantial connection between the battery and the need for benefits, and
- the individual subject to such battery or cruelty does not live in the same household with the individual responsible for the cruelty or battery, and
- the Department of Homeland Security (DHS) or the Executive Office for Immigration Review (EOIR) has approved the alien's petition, or has found that the alien's pending petition sets forth a prima facie case, under one of the provisions of the Immigration and Naturalization Act (INA).
Note: When the battery exception is allowed, deeming can be suspended for 12 months. After 12 months, the exception can be continued only under certain specified conditions and on a case-by-case basis.
- sponsor deeming results in denial and the alien is unable to obtain both food and shelter. In determining whether the alien is unable to obtain both food and shelter, consider:
- all of the alien's own income and resources (including income excluded when determining eligibility); and
- any cash, food, housing or other assistance provided by other individuals (including the sponsor).
When deeming is suspended under this exception, the only income from the sponsor that is included as the alien's income is the amount of cash or support and maintenance the alien actually receives from the sponsor. A sponsor's resources are considered to be the alien's resources only if the alien has an ownership interest in them, can convert them (if not cash), and is not restricted from using them.
The sponsor may be liable for repayment of benefits received by the alien applicant/recipient when deeming is suspended under this exception.
Note: When this exception is allowed, deeming is suspended for 12 consecutive months. Multiple occurrences of this exception are permissible.
D-9230 Providing Verification of Alien Sponsor's Income and Resources
Revision 12-4; Effective December 1, 2012
When sponsor-to-alien deeming applies, the alien is responsible for providing
- a copy of the sponsor's affidavit of support (USCIS Form I-864 or USCIS Form I-864A); or
- name, address and phone number of sponsor and any co-sponsor(s);
- verification of the sponsor's and sponsor's spouse's income and resources; and
- the number of tax dependents claimed by sponsor and sponsor's spouse.
Reminder: Sponsor's spouse's information is required when he is the co-sponsor or lives in the same household as the sponsor.
If the alien fails to provide the requested sponsor verification by the required date, deny the application based on failure to furnish information.
Note: Normal verification procedures apply. For instance, if the type of assistance allows for acceptance of verbal statements as verification, accept the applicant/recipient's declaration for the required information.