HHS Issues 2009 Poverty Guidelines

On January 23, 2009, the U.S. Department of Health and Human Services published its annual update to the Poverty Guidelines.  The Poverty Guidelines are used in calculating the required income for Affidavits of Support (Forms I-864).  The I-864 is a binding contract between an immigrant, a sponsor, and the U.S. government that is intended to ensure that the intending immigrant will not become a public charge if he or she is permitted to obtain permanent residence in the U.S.  Immigrants whose sponsors cannot satisfy the income requirement through their income or a combination of income and assets will be denied an immigrant visa or adjustment of status, unless they have a joint sponsor or qualifying household member whose income and/or assets satisfies the income requirement or, in some cases, the intending immigrant's own income or assets (or a combination of income and assets) satisfies the requirements.

The new guidelines are available at http://edocket.access.gpo.gov/2009/E9-1510.htm.  Sponsors should remember that they must meet 125% of the Poverty Guidelines, unless they are an active duty member of the armed forces sponsoring a spouse or child.