Use the following guidelines to determine if an immigrant has 40 qualifying quarters:
- deem quarters of spouses earned during their marriage to each other;
- deem work quarters of a citizen spouse to an immigrant spouse as long as they remain married;
- deem to a child under 18 or over 18 quarters earned by a stepparent during the time the child lived with the stepparent and was under age 18;
- deem quarters of a citizen parent to a immigrant child even if the parents are divorced or separated;
- deem to a child under 18 or over 18 quarters earned by a natural or adoptive parent while the child was under age 18, including quarters worked before the child was born;
- deem quarters of a parent to a child even if the parent is deceased or the child’s parents are separated; and
- the same quarters can be deemed to a spouse and children.
Do not deem:
- quarters from a divorced spouse to an ex-spouse;
- quarters earned by a spouse prior to marriage; or
- quarters from a foster parent to a foster child..
Beginning January 1, 1997, any quarter after 12/31/96 in which the immigrant received any Federal means-tested public benefit (such as SSI, Temporary Assistance, Medicaid, and Food Stamps) is not counted as a quarter.