Generally speaking, there are two ways to immigrate to the United States. The first is through employer-sponsored immigration, which involves certain types of Visas, including the H1-B, EB-1, and several others. The second is family-sponsored immigration.
In both cases, it’s important that your sponsor be able to prove certain conditions if your application is to be approved. First, your sponsor must be a lawful permanent resident or citizen of the United States. Second, they must be eligible to sponsor you as a family member, meaning they are your spouse, parent, brother, sister, or child. Third, they must prove that they are at or above the poverty level by a minimum of 125%. But what does this mean?
What is the Poverty Level?
In the United States, the poverty level varies depending on how many individuals live in the household. It starts at $11,490 for a household of one. For each additional member of the household, the poverty level increases by $4,020. So a family of five would be at the poverty level if they earned $27,570 per year.
In order to be at 125% of the poverty level, that family must earn at least $34,462.50 per year. Unfortunately, even if your sponsor earns this much, you should still contact an immigration attorney, as many other factors can come into play.
Why Contacting an Immigration Attorney is a Good Idea
Generally speaking, a family that earns at least 125% of the poverty line should be able to sponsor at least one immigrant. The reason you should contact an immigration attorney, though, is because certain government benefits can have an impact on your household income. Plenty of would-be sponsors fail to account for these sources of income because they failed to work with an experienced immigration attorney.
For instance, if a foreigner’s sister was living alone, earning $930.83 per month, and receiving Medicaid benefits and food stamps, she may technically be at or above 125% of the poverty level. Without first speaking to an immigration attorney these benefits may be overlooked, leading everyone to believe that she could not sponsor her relative.
Poverty Lines Vary
The poverty line is consistent for all 48 contiguous states, Puerto Rico, the Virgin Islands, Guam, and the District of Columbia. Alaska and Hawaii each have their own, distinct, poverty lines, though.
Additionally, the poverty line changes from one year to the next. It’s possible that your application may be approved with the current federal guidelines so long as all documents are submitted promptly. Working with an immigration attorney helps to ensure that all documents are filled in correctly, minimizing the chances that you will experience any rejections or delays.
What If Your Application Is Denied Because of the Poverty Line?
Again, speak to an immigration attorney. If one family member is not eligible for sponsorship because of their income, there may be another family member who can is. Your attorney can work closely with your family to find the best potential sponsor, improving the chances that your application is approved.
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