Poverty Guidelines for 2005 Released!
Posted Feb 25, 2005
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Each year the U.S. Department of Health and Human Services (DHHS) publishes poverty guidelines. The current poverty guidelines were published in the Federal Register on February 18, 2005. They are effective from the date of publication.
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When are the Poverty Guidelines Relevant?
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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 is essentially 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.
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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.
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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.
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What Amounts are Required to Satisfy the Poverty Guidelines?
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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. The affidavit of support requirement was covered in more detail in our February 14, 2003 MurthyBulletin article, Poverty Guidelines for 2003, available on MurthyDotCom.
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This year's poverty guidelines are as follows. Again, readers should keep in mind that the requirement is 125% of this level.

48 Contiguous States plus Washington DC
Size of Family Unit	Guideline
1	$	9,570
2		12,830
3		16,090
4		19,350
5		22,610
6		25,870
7		29,130
8		32,390
For family units with more than 8 members, add $3,260 for each additional member.

Alaska
Size of Family Unit	Guideline
1	$	11,950
2		16,030
3		20,140
4		24,190
5		28,270
6		32,350
7		36,430
8		40,510
For family units with more than 8 members, add $4,080 for each additional member.

Hawaii
Size of Family Unit	Guideline
1	$	11,010
2		14,760
3		18,510
4		22,260
5		26,010
6		29,760
7		33,510
8		37,320
For family units with more than 8 members, add $3,750 for each additional member.