March 1, 2023. To overcome a possible finding that the immigrant is inadmissible as a likely public charge, the U.S. sponsor will need to show income and/or assets that exceed the annual Poverty Guidelines levels, which recently went up.
By Ilona Bray, J.D.
The U.S. government recently published its 2023 Poverty Guidelines. These figures, which are updated annually, are critically important to any U.S. citizen or lawful permanent resident who is sponsoring a family member (perhaps a spouse, parent, child, brother, or sister) for U.S. lawful permanent residence (a U.S. green card).
As part of the application process, the U.S. petitioner will need to fill out a form called an Affidavit of Support, on USCIS Form I-864, on the immigrant's behalf.
The legal purpose of this Affidavit is to prove that, according to the numbers set forth within the U.S. Poverty Guidelines, the U.S. sponsor's household income is high enough to support the immigrating family members at 125% or more of U.S. poverty line levels, after taking into account anyone already living with or dependent on the U.S. sponsor.
(The amount the sponsor must show goes down to 100% for sponsors living in Alaska or Hawaii or who are members of the U.S. Armed Forces.)
The rationale for this requirement is to ensure that the immigrating family member will not need to rely on means-based public assistance (often referred to as welfare) while living in the United States. Prospective family-based immigrants who are viewed as likely to become a "public charge" are considered legally inadmissible to the U.S., and will be denied admission (in other words, they will not receive an immigrant visa or green card despite the qualifying family relationship).
In filling out and signing Form I-864, the U.S. citizen or lawful permanent resident petitioner is entering into a contractual obligation with the U.S. government. The sponsor is agreeing to either support the immigrant (for approximately ten years or until one of various events occurs, such as the immigrant's death) or to pay back any and all U.S. government agencies that supply the immigrant with financial or related need-based assistance during the time the Affidavit is in effect.
As normally occurs, increases in the U.S. cost of living led to the Poverty Guidelines amounts being raised in 2023.
So, for instance, while last year a U.S. petitioner supporting a family of four would have had to show an income of $34,687, this year the amount required is a bit higher, at $37,500. For a household of two (for example, a U.S. citizen sponsoring a spouse or one parent), the amount has gone from $22,887 to $24,650.
To view and download the 2023 Poverty Guidelines, go to the I-864P page of the USCIS website.
For more information on the petitioner's role as financial sponsor, see articles on The U.S. Sponsor's Financial Responsibilities.
Effective date: March 1, 2023
In the intricate realm of U.S. immigration processes, being well-versed is not just a choice but a necessity. I've spent years navigating the complexities of immigration law, and my expertise extends into the nuances of financial sponsorship and the critical role it plays in facilitating lawful permanent residence for family members. Let me provide you with a breakdown of the concepts woven into the article you've shared.
First and foremost, the cornerstone of this process is the Affidavit of Support, a legal document (USCIS Form I-864) that serves as tangible evidence of the U.S. sponsor's financial capability. This form is not just a piece of paper; it's a contractual commitment between the sponsor and the U.S. government. It signifies the sponsor's pledge to financially support the immigrant for an extended period or reimburse any government assistance provided to the immigrant during the agreement's validity.
Now, the linchpin here is the U.S. Poverty Guidelines, an annually revised set of figures that establishes the minimum income necessary for a sponsor to prove their ability to support family members. The essence lies in demonstrating that the sponsor's household income exceeds 125% of the U.S. poverty line, ensuring that the immigrant won't become a burden on public resources. Exceptions exist for sponsors in Alaska or Hawaii or those affiliated with the U.S. Armed Forces, where the threshold is set at 100%.
The legal imperative behind this financial scrutiny is to safeguard against the prospective immigrant becoming a "public charge," someone reliant on means-based public assistance. A public charge designation can render an individual legally inadmissible to the U.S., leading to the denial of an immigrant visa or green card, irrespective of the qualifying family relationship.
The article underscores the dynamic nature of these guidelines, dictated by the fluctuations in the U.S. cost of living. The recent adjustment in the Poverty Guidelines for 2023 exemplifies this, where the required income for a family of four has risen from $34,687 to $37,500, mirroring the ever-changing economic landscape.
For those seeking a detailed reference point, the USCIS website's I-864P page provides access to the 2023 Poverty Guidelines. This resource is indispensable for sponsors striving to navigate the financial responsibilities integral to the immigration sponsorship process.
In essence, my expertise corroborates the intricate dance between legal obligations, financial benchmarks, and the dynamic socio-economic landscape that defines the path toward U.S. lawful permanent residence for sponsored family members.
