Ask an Immigration Lawyer. Get an Answer ASAP.
Medicaid is a means-tested public benefit that is funded by both the federal and state governments. So yes, the joint-sponsor would be liable for the cost of this benefit if used (even in an emergency basis) by the immigrant.
All the sponsor's income is taken into consideration for meeting the eligibility requirements, but that income must be proven.
And no, the sponsor is not responsible for means-tested public benefit that the immigrant has used in the past before the sponsor signs the Affidavit of Support.
Sorry for the delay in getting back to you. Since the I-864P specifies that emergency Medicaid (though not cash emergency care) is not included, then the joint sponsor would not be responsible for such a benefit.
By the way, one method that the joint sponsor gets out of the responsibility is if the immigrant becomes a U.S. Citizen.
Is there anything else that I can do for you? If not, please do not forget to give me credit for my answers to you.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).