All,
I've been trying to understand how my liabilities under my I-864 for my elderly father will apply to health care.
I understand there are 2 parts to the I-864
1) sponsor deeming - the ability for federal/state agencies to deem sponsor's income as the immigrant's income for means-tested benefits
2) sponsor liability - the ability for federal/state agencies to charge/sue sponsors for means-tested benefits
I live in a state (Massachusetts) that prohibits Medicaid sponsor deeming for immigrants 65+.
http://www.mass.gov/legis/laws/mgl/118e-16d.htm
Would that also mean I am absolved from sponsor liability (perhaps under the "related restrictions" clause in the statue above), or are deeming and liability separate aspects of the affidavit of support?
I have also seen some web postings that say that sponsor liability can only apply if the agency clarified its intent to pursue sponsor liability prior to the health care being provided. This seems unplausible. Can someone point to legislation or case history that supports this?
-ML
K1 -> I-485 -> I-751 -> N-400
Now filing I-130/I-485 for parent...
I've been trying to understand how my liabilities under my I-864 for my elderly father will apply to health care.
I understand there are 2 parts to the I-864
1) sponsor deeming - the ability for federal/state agencies to deem sponsor's income as the immigrant's income for means-tested benefits
2) sponsor liability - the ability for federal/state agencies to charge/sue sponsors for means-tested benefits
I live in a state (Massachusetts) that prohibits Medicaid sponsor deeming for immigrants 65+.
http://www.mass.gov/legis/laws/mgl/118e-16d.htm
Would that also mean I am absolved from sponsor liability (perhaps under the "related restrictions" clause in the statue above), or are deeming and liability separate aspects of the affidavit of support?
I have also seen some web postings that say that sponsor liability can only apply if the agency clarified its intent to pursue sponsor liability prior to the health care being provided. This seems unplausible. Can someone point to legislation or case history that supports this?
-ML
K1 -> I-485 -> I-751 -> N-400
Now filing I-130/I-485 for parent...