Section 16.03.05.457 - DEEMING INCOME FROM SPONSOR TO LEGAL NON-CITIZEN - SPONSOR SIGNED INS FORM I-864 AFFIDAVIT OF SUPPORTIf the legal non-citizen's sponsor has signed an INS form I-864 Affidavit of Support, all income of the sponsor and the sponsor's spouse is deemed to the legal non-citizen for AABD cash and Medicaid eligibility. Deeming continues until the legal non-citizen becomes a naturalized citizen or has forty (40) quarters of work. Exceptions are listed below:
01.Battery Exception. The legal non-citizen or the legal non-citizen child's parent was battered or subjected to extreme cruelty in the US. There is a substantial connection between the battery and the participant's need for assistance. The person subjected to the battery or cruelty no longer lives with the person responsible for the battery or cruelty.02.Indigence. Alien sponsor deeming is suspended for twelve (12) months, if the legal non-citizen is not able to get food and shelter without AABD cash.Idaho Admin. Code r. 16.03.05.457