 
 
|
|
Poverty
Guidelines Issued for 2006
Posted
Mar 03, 2006
©MurthyDotCom
The U.S. Department of Health and Human Services (HHS) published its annual
poverty guidelines update in late January 2006. The connection between
immigration law and the poverty guidelines is based on the concept that a
person deemed a "public charge" in the U.S. must overcome that designation
in order to obtain either a nonimmigrant or immigrant visa.
©MurthyDotCom
Poverty Guidelines and I-864 Affidavit of
Support
©MurthyDotCom
The poverty guidelines are used most often in connection with Form I-864,
Affidavit of Support. This form is required in almost all family-based green
card cases and some employment-based green card cases to establish that the
would-be immigrant will not become a financial burden on the U.S.
government. The affidavit of support is filed by the sponsor and requires a
showing that there is sufficient income to reach at least 125% of the
current poverty level. The exact dollar amount depends upon the size of the
family and the number of persons previously sponsored.
©MurthyDotCom
In certain situations, assets can be used to offset a lack of income. Joint
sponsors who are in better financial situations can also be utilized to
overcome the public charge provisions. Some of the affidavit of support
issues are explained in our February 25, 2005 MurthyBulletin article,
Poverty Guidelines for 2005 Released!,
available on MurthyDotCom.
©MurthyDotCom
Poverty Guidelines Depend on Size of the Family
Unit
©MurthyDotCom
The 2006 poverty guidelines are as follows. The requirement for income is
125% of the poverty line, which means that a family's income must be 125%
higher than the applicable numbers below in order to overcome the "public
charge" designation.
48 Contiguous
States plus Washington DC
|
|
Size of Family
Unit |
Guideline |
|
1 |
$
|
9,800 |
|
2 |
|
13,200 |
|
3 |
|
16,600 |
|
4 |
|
20,000 |
|
5 |
|
23,400 |
|
6 |
|
26,800 |
|
7 |
|
30,200 |
|
8 |
|
33,600 |
|
For family units with more than 8 members, add $3,400
for each additional member.
|
|
|
|
Size of Family
Unit |
Guideline |
|
1 |
$
|
12,250 |
|
2 |
|
16,500 |
|
3 |
|
20,750 |
|
4 |
|
25,000 |
|
5 |
|
29,250 |
|
6 |
|
33,500 |
|
7 |
|
37,750 |
|
8 |
|
42,000 |
|
For family units with more than 8 members, add $4,250
for each additional member.
|
|
|
|
Size of Family
Unit |
Guideline |
|
1 |
$
|
11,270 |
|
2 |
|
15,180 |
|
3 |
|
19,090 |
|
4 |
|
23,000 |
|
5 |
|
26,910 |
|
6 |
|
30,820 |
|
7 |
|
34,730 |
|
8 |
|
38,640 |
|
For family units with more than 8 members, add $3,910
for each additional member. |
Conclusion
©MurthyDotCom
This annually-updated information from HHS on poverty guidelines is useful
for those with family incomes close to these amounts. They need to be
mindful of overcoming public charge considerations. These figures likely
have little relevance for employment-based professionals, who tend to earn
well above the poverty guidelines. Sometimes, however, we have found that an
H-4 spouse is unable to obtain a visa at the U.S. consulate abroad because a
prior H1B employer failed to pay the H1B principal the required prevailing
wage. As a result, the H1B's W-2 Form may show a salary at or below the
poverty guideline amounts. In such cases, the H-4 dependents are stuck
abroad, attempting to overcome the public charge considerations, so
reviewing this table can be helpful for both nonimmigrant and immigrant visa
applicants.
|
|
|
