February 13, 2003

Update of the Department of Health and Human Services Poverty Guidelines

Annually, the Department of Health and Human Services (HHS) publishes an update on its poverty guidelines to account for the increases as measured by the Consumer Price Index. The most recent guidelines were published on February 7, 2003, and went into effect on the date of publication. In the immigration context, these guidelines are used by immigration and consular officers in reviewing whether an applicant for permanent resident status is likely to become a public charge. The Poverty Guidelines appear on Form I-864. This affidavit of support (I-864) is used for all family based relative petitions and for certain employment based petitions limited to where a relative filed the IV petition or has a 5% percent or greater ownership interest in the business that filed the petition.

A person who is, in the opinion of the immigration or consular officer reviewing the application for permanent resident status, likely to become a public charge is inadmissible to the United States and may be denied permanent resident status. An applicant for permanent resident status must show that he or she, his or her family or sponsors, have an income greater than the income shown on the HHS poverty guideline chart. Normally an income of 125% above the poverty guidelines is required. An applicant whose income or sponsor’s income is less than that shown on the chart is at risk of being found to be likely to become a public charge. While having an income greater than that shown on the chart is not definitive, it is the usual standard by which immigration and consular officers measure an applicant’s likelihood of becoming a public charge. However it should be noted that if the sponsor cannot meet guidelines a co-sponsor can be utilized.

Responsibilities and liabilities undertaken when signing an I-864 Affidavit of Support are serious and sponsors are urged to contact an attorney prior to executing one.

  Federal Register: Annual Update of the HHS Poverty Guidelines (PDF/48 kb, 3 pages)