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Last Updated On: January 17, 2024 | Published On: February 14, 2023
A number of federal poverty guidelines are set every year by the Department of Health and Human Services (HHS) to rule which individuals/families are eligible to receive benefits from the government. Immigration organizations also use these federal poverty guidelines when adjudicating cases related to family sponsorships and affidavits of support. The 2023 poverty guidelines have been published and are in effect as of January 19, 2023.
The public charge ground of inadmissibility under section 212(a)(4) of the Immigration and Nationality Act grants a consular officer, immigration officer, or judge the ability to deem inadmissible a visa applicant, admission or adjustment of status applicant who is considered likely to become primarily dependent on the government for support in the form of public benefits like cash assistance or long-term institutionalization at the government’s expense.
Form I-864 is used by immigration officials to determine if a sponsor’s income is sufficient so that the foreigner does not become a public charge. As a result of signing the I-864, the petitioner agrees to become financially responsible to the government should the sponsored family member collect certain public benefits based on means.
So what level of income is necessary to meet the immigration requirements?
To sponsor a family member for permanent residence, a U.S. citizen (USC) or lawful permanent resident (LPR) must show income exceeding 125 percent of the federal poverty level. On form I-864, the exact income requirement varies based on things like:
Since these provisions are updated annually based on the Consumer Price Index for All Urban Consumers, it’s best to consult an immigration attorney.
If, as the sponsor, you do not meet the annual income requirements for Form I-864, you do have options. One instance is if you are sponsoring your spouse, then you may be able to include your spouse’s income as well (assuming this income will continue after they become a permanent resident) to meet the criteria. Conversely, a joint financial sponsor can be used to meet the income requirement or use the value of assets you possess. Because this is such a nuanced subject, it is best handled by your case attorney. They’ll be able to tell you which route is the best option for your situation.
Below are the various charts:
Number of People in Family
Poverty Guideline
1
$14,580
2
$19,720
3
$24,860
4
$30,000
5
$35,140
6
$40,280
7
$45,420
8
$50,560
For families/households with more than 8 persons, add $5,140 for each additional person.
$18,210
$24,640
$31,070
$37,500
$43,930
$50,360
$56,790
$63,220
For families/households with more than 8 persons, add $6,430 for each additional person.
$16,770
$22,680
$28,590
$34,500
$40,410
$46,320
$52,230
$58,140
For families/households with more than 8 persons, add $5,910 for each additional person.
What is considered public cash assistance?
As defined by the rule, public cash assistance could include:
There are other types of assistance that are in cash that are not necessarily factors for being deemed a public charge.
Do prior receipt of public-charge benefits automatically disqualify you?
Not right off the bat, but this is a situation best advised by a qualified immigration attorney.
What is the poverty line in 2023 for immigration?
This is based on which state you live in. Refer to the charts above.
What is 200% of the federal poverty guidelines?
You can see a chart of the different percentages of the 2023 Federal Poverty Guidelines below.
What is 125% of the federal poverty guidelines?
This depends on the number of people in your household and where you live. Refer to the chart above.
What is 100% of the federal poverty guidelines?
How do I figure out my federal poverty level?
The Federal Poverty Level is based on income and family size. This is one calculator tool to determine where you fall.
What is the minimum income to sponsor an immigrant in 2023?
The minimum income to sponsor an immigrant in 2023 is largely based on the number of sponsored family members, number of dependents and financial obligations under previously filed I-864s. It’s best to consult your immigration attorney to determine the minimum for you.
What are the poverty guidelines for 2022 for a K1 visa?
The minimum fiancé(e) income requirement was $22,887 in 2022, which is for a household of 2. Since new poverty guidelines have been published for 2023 it’s best to refer to those charts.
