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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 108645
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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In New York State, what is the financial responsibility/liability

Customer Question

In New York State, what is the financial responsibility/liability of a "joint sponsor" for a family-based immigrant? ie is the immigrant eligible for state and/or federal medicaid? what about emergency medicaid? Is the sponsor income taken into account in determining eligibility for SSI, disability etc? If the immigrant accessed emergency medicaid in the past is there any responsibility of the sponsor for that past expense?
Submitted: 8 years ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 8 years ago.

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.

Customer: replied 8 years ago.
Your answer is helpful, but are you sure about the emergency Medicaid? Form I-864P poverty guidelines lists emergency medicaid as NOT included as a means-tested public benefit in New York. Is this the case?
Expert:  Guillermo J. Senmartin, Esq. replied 8 years ago.

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.

Expert:  Guillermo J. Senmartin, Esq. replied 8 years ago.

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.

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