In certain U.S. immigration categories, applicants are required to obtain financial sponsorship to prove that they do not become a “public charge”. Public charge is ground for inadmissibility that is determined by the likelihood of an individual’s need to rely on government assistance. This article delves into the Form I-864P federal poverty level (FPL), affidavit of support criteria, and Form I-864A.
Under Section 213A of the Immigration and Nationality Act (INA), the United States Department of Health and Human Services (HHS) is required to publish annual Poverty Guidelines for Affidavit of Support, also known as Form I-864P.
HHS uses the FPL to determine what a financial sponsor’s salary requirement is based on household size. The sponsor must be earning an annual salary that equates to 125% of the HHS poverty guideline for their household. If the sponsor is an active duty service member in the U.S. armed forces, the annual salary requirement would be 100% of the HHS poverty guideline for their household size.
A Form I-864, Affidavit of Support, is always completed by a U.S. citizen or lawful permanent resident (Green Card holder) who has the means to financially support the immigration applicant, according to the Poverty Guidelines for Affidavit of Support. Once completed, it is submitted to United States Citizenship and Immigration Services (USCIS) by the immigration applicant.
The following immigration categories require an Affidavit of Support:
Immediate relatives of U.S. citizens (spouses, unmarried children under 21 years old, and parents)
All family-based preference categories (F1, F2A, F2B, F3, and F4)
Employment-based preference categories only if the petitioner holds stake (at least 5% ownership or more) in the company who filed the Form I-140 petition.
Officially known as a Contract Between Sponsor and Household Member, Form I-864A is a supplemental document to Form I-864 that allows members of the sponsor’s household to contribute financially to meet the financial requirements for supporting the immigration applicant.
For example, if the petitioner does not meet the guideline for a household size of two, the other household member can agree to contribute with their income and/or assets. In this case, a Form I-864A submission is required.
