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New I-864 Sponsorship Guidelines for I-864 Released

| Mar 9, 2016 | Common Immigration Questions and Problems

Last week, USCIS released the 2016 HHS Poverty Guidelines. As expected, the numbers have risen slightly. It is critical to look at the most current poverty guidelines for each year, as they determine whether a sponsor will be able to demonstrate sufficient income to satisfy the Affidavit of Support requirements (I-864). In most family based cases, the petitioner must show that he/she earns at least 125% of the HHS Poverty Guidelines, which is determined by the number of people in the petitioner’s household. The new guidelines are as follows:

Household Size 125% of Poverty Guidelines

2…………………….  $20,025

3…………………….  $25,200

4…………………….  $30,375

5…………………….. $35,550

6……………………..  $40,725

7…………………….. $45,912

8……………………..  $51,112

Add $4160 for each additional person

It is important to note the figures are different for the states of Alaska and Hawaii. Additionally, these new guidelines are effective March 1, 2016 and stay in effect until new figures are published in 2017.

If a petitioner is not able to meet 125% of the guidelines, the immigrant’s application for permanent residence may be jeopardized: an officer may determine that he or she will become a “public charge,” which is a basis of inadmissibility. However, there are ways around a petitioner’s inability to meet the threshold through wages: a household member may pool and combine his/her income with that of the petitioner through an I-864A; an individual may serve as a joint sponsor and become jointly and severally liable for the immigrant (by executing a separate I-864); assets may, in some cases, be used in lieu of income; and in other situations, the intending immigrant may use his/her own income to address the financial requirements.

For more information on how to meet the requirements of the I-864, contact our office. Remember that this is general information only. It is not legal advice nor intended to create an attorney-client relationship.

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