1/31/2006

Each year the U.S. Department of Health and Human Services (DHHS) publishes poverty guidelines. The poverty guidelines are important in immigration law in connection with the Form I-864, Affidavit of Support, used in connection with family-based green card cases and some employment-based green card cases. 

The Form I-864 Affidavit of Support is required to overcome the "public charge" provisions in all family-sponsored cases. This information provided on the I-864, essentially, is proof that the sponsored individual will not become a financial burden on the U.S. government. All family-based sponsors must submit this form, regardless of the education, employment, or personal wealth of the sponsored individual. 

There is an exception for sponsored individuals who have already worked in the U.S. for 40 qualifying quarters. However, these cases are not particularly common. The I-864 is also required in those employment-based cases involving companies where certain relatives of the foreign national beneficiary own 5% or more of the sponsoring business. 

The Affidavit of Support requires that the sponsor must demonstrate an income of at least 125% of the current poverty level for the family size, plus the sponsored individual/s. There are provisions regarding the use of assets to overcome a deficiency in income, as well as the use of joint sponsors. These are explained in detail in the instructions to the I-864.

 

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