Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.05 - ELIGIBILITY FOR AID TO THE AGED, BLIND, AND DISABLED › Section 16.03.05.456 - DEEMING INCOME FROM SPONSOR TO LEGAL NON-CITIZEN PARTICIPANT - NO I-864 AFFIDAVIT OF SUPPORT

Current through August 31, 2023
Deem income as described in this Section, if the legal
				non-citizen's sponsor signed an affidavit of support other than the I-864. The
				deemed income is counted, even if the participant does not live in the
				sponsor's household. The sponsor's income is not deemed to the participant for
				Medicaid. (3-17-22)
01.
Three
			 Year Limit
. Effective October 1, 1996 the deeming period, regardless of
			 admission date, is three (3) years after the date the legal non-citizen is
			 lawfully admitted. Deeming stops the end of the month, three (3) years from the
			 date the sponsored participant lawfully entered the U.S. for permanent
			 residence. (3-17-22)
02.
Sponsored Legal Non-Citizen Exempt from Deeming
. A lawfully
			 admitted legal non-citizen participant is exempt from sponsor deeming if one
			 (1) or more of the conditions in Subsections
			 456.02.a. through 456.02.m.
			 applies. (3-17-22)
a. Refugee. The legal
			 non-citizen was admitted to the U.S. as a refugee, asylee, or parolee.
			 (3-17-22)
b. Applied before October
			 1, 1980. The legal non-citizen first applied for AABD before October 1, 1980.
			 (3-17-22)
c. Permanent resident.
			 The legal non-citizen is a permanent resident under color of law.
			 (3-17-22)
d. Sponsored with job.
			 The legal non-citizen's entry into the U.S. was sponsored by a church, other
			 social service organization, or an employer who has offered him a job.
			 (3-17-22)
e. Blind or disabled. The
			 legal non-citizen becomes blind or disabled after he is admitted to the U.S.
			 (3-17-22)
f. Legal non-citizen
			 lives with spouse. The legal non-citizen was sponsored by and resides in the
			 same household with his ineligible spouse or ineligible parent. Use ineligible
			 spouse and ineligible parent deeming, not sponsor deeming. (3-17-22)
g. Sponsor dies. The legal non-citizen's
			 sponsor dies. (3-17-22)
h.
			 Legalized legal non-citizen. The legal non-citizen was legalized under the
			 Immigration Reform and Control Act of 1986. (3-17-22)
i. Resided for thirty-six (36) months. The
			 legal non-citizen has lived in the U.S. for thirty-six (36) months beginning
			 with the month he was admitted for permanent residence or granted permanent
			 residence status. (3-17-22)
j.
			 Registry legal non-citizen. The legal non-citizen was admitted under Section
			 249 of the INA as a registry legal
			 non-citizen. (3-17-22)
k. Amerasian
			 legal non-citizen. The legal non-citizen is an applicant for permanent
			 residence who is an Amerasian or a specified relative of an Amerasian. The
			 Amerasian must be born in Vietnam between January 1, 1962 and January 1, 1976.
			 A specified relative is a spouse, child, parent or stepparent of the Amerasian,
			 or someone who has acted in the place of a parent of an Amerasian and/or his
			 spouse or child. (3-17-22)
l.
			 Cuban/Haitian. The legal non-citizen is an applicant for adjustment under the
			 Cuban/Haitian provisions of Section
			 202 of the Immigration Reform and
			 Control Act of 1986. (3-17-22)