At US-ILC, we listen, we care, we deliver: Let our 89 years of combined experience help you navigate the complexities of immigration law!
The U.S. government requires citizens and Lawful Permanent Residents to prove that the beneficiary they are sponsoring for a Green Card will not become a public charge. This means demonstrating that the sponsored individual will be financially stable and will not need to rely on public benefits to meet their living expenses.
When a petitioner sponsors a foreign national for a Green Card, they must prove that they have sufficient income to support that person in the US. The US government uses poverty guidelines to make this determination by taking into account the petitioner’s taxes and the number of dependents in their household.
What Are the US Poverty Guidelines?
The US Federal government established annual income baselines that they use to assess people’s qualifications for certain aid programs. For Green Card sponsorship purposes, the government requires sponsors to prove that their income is 125 percent of the established poverty guidelines. That means if a sponsor has a three-person household, then their income must be at least $32,275 annually ($25,820 if sponsoring their spouse or child or if they are on active military duty).
Why Is It Important to Prove You Will Not Be Financially Dependent on the US Government?
Public benefits are generally reserved for citizens and permanent residents of the US, and foreign nationals are not eligible to receive certain benefits. If a petitioner is sponsoring you for a Green Card, they will have to complete Form I-864, Affidavit of Support. If after reviewing this form, the US government determines that a sponsor does not have the means to support you in the US, then your permanent resident application will be at risk.
If your sponsor needs help meeting the minimum income requirement, then they can include a joint sponsor on the Affidavit of Support. The joint sponsor must be a US citizen or lawful permanent resident and must live in the US as well as meet the minimum financial qualifications. Your sponsor can also use their assets and the income of other household members to help demonstrate that they have the financial means to support you; and you will not have to depend on public means-tested benefits to afford food, shelter, medical care, or other expenses.
What Are Means-Tested Public Benefits?
Federal means-tested benefits include food stamps, Supplemental Security Income, Medicaid, and benefits provided through the State Child Health Insurance Program. As a foreign national, if you receive any means-tested benefits, your sponsor will be required to reimburse the US government or face possible penalties or lawsuits. These benefits do not include emergency Medicaid and similar short-term reliefs, immunization programs or those for the testing and treatment of communicable disease, or certain benefits programs geared towards students.
How Can a Sponsor Prove That You Will Not Be Financially Dependent on the US Government?
The best way for a sponsor to prove they will be able to support you in the US is for them to provide strong financial documents, such as those listed below:
- Employment verification letter – showing employment status and current income
- Pay statements – showing ongoing income payments
- Tax records – evidencing the sponsor’s and cosponsor’s income
- Bank statements – showing available money in savings
- Property valuations, proof of investments and other documents showing assets
If you are seeking guidance about the financial obligations of sponsor, or if you have questions regarding an immigration legal matter, contact U.S. Immigration Law Counsel for a strategy session to discuss your case.
