10A NCAC 23E .0211. ALIEN SPONSOR DEEMING

(a)  For purposes of this Rule, a sponsored alien is an alien lawfully admitted for permanent residence sponsored by an individual who has signed an Affidavit of Support required by the Bureau of Citizenship and Immigration Services.

(b)  For purposes of this Rule, a sponsor is a person who signed an Affidavit of Support on behalf of an alien as a condition of the alien's entry or admission to the United States.  The sponsor is financially responsible for the alien so the sponsor’s income must be counted in determining an alien's eligibility for medical assistance.

(c)  An indigent alien is exempt from Paragraph (b) of this Rule if the sum of Subparagraphs (1), (2), and (3) of this Paragraph does not exceed 130 percent of the poverty income guidelines.

(1)           The sum of the sponsored alien’s own income;

(2)           The cash contributions of the sponsor and others; and

(3)           The value of any in-kind assistance the sponsor and others provide the alien.

(d)  The countable income of a sponsor is determined in accordance with Rules .0203 and .0208 of this Section. Rule .0206 of this Section applies for situations in which the sponsor is the spouse or a parent.

(e)  The countable resources of a sponsor are determined in accordance with 10A NCAC 21B .0311 and Rule .0207 of this Section.

(f)  Third party verification of the following is required for:

(1)           sponsorship;

(2)           a sponsor's income; and

(3)           a sponsor's resources. 

The application shall be denied if verification is not received by the processing deadline.

 

History Note:        Authority G.S. 108A-25(b); 108A-54; 108A-55; P.L. 104-208; P.L. 105-33;

Temporary Adoption Eff. July 3, 2003;

Eff. March 1, 2004;

Transferred from 10A NCAC 21B .0410 Eff. May 1, 2012.