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2008 Poverty Guidelines Released
Posted Feb 01, 2008
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Federal poverty guidelines are issued on an annual basis by the U.S. Department of Health and Human Services (HHS) and effect the "public charge" provisions in immigration cases. The guidelines for 2008 have been issued, effective from January 23, 2008. Modified annually, the guidelines are based upon changes in the Consumer Price Index. They are used to measure the sufficiency of a sponsor's income when filing Form I-864, the Affidavit of Support, primarily on various family-based applications. It is also applicable to visa issuance from abroad for family members.
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Financial Issues Applicable Primarily in FB Immigration Cases
©MurthyDotCom
The Form I-864, Affidavit of Support, is required in family-based (FB) immigration cases, with very limited exceptions. It is also required in employment-based immigration cases if the employer is related to the individual who is being sponsored. This is to assure that the sponsored foreign national will have proper financial support and will not become a public charge. The affidavit of support must demonstrate income levels of at least 125 percent of the applicable poverty level.
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Poverty Guidelines in the U.S.
©MurthyDotCom
The income required varies according to the number of family members. If the sponsor has previously filed I-864s for other individuals, and has an ongoing obligation, this also is taken into account. When the sponsor's income is not sufficient, there can be alternatives. These include consideration of assets, as well as utilizing an additional, joint sponsor with more financial wherewithal. Case specific matters with regard to the affidavit of support and its requirements can be discussed with an immigration attorney.
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The 2008 poverty guidelines are as follows. The requirement for the affidavit of support is 125 percent of the poverty line.
 

48 Contiguous States plus Washington DC

Size of Family Unit

Guideline

1

$    

10,400

2

 

14,000

3

 

17,600

4

 

21,200

5

 

24,800

6

 

28,400

7

 

32,000

8

 

35,600

For family units with more than 8 members, add $3,600 for each additional member.
 

Alaska

Size of Family Unit

Guideline

1

$    

13,000

2

 

17,500

3

 

22,000

4

 

26,500

5

 

31,000

6

 

35,500

7

 

40,000

8

 

44,500

For family units with more than 8 members, add $4,500 for each additional member.
 

Hawaii

Size of Family Unit

Guideline

1

$    

11,960

2

 

16,100

3

 

20,240

4

 

24,380

5

 

28,20

6

 

32,660

7

 

36,800

8

 

40,940

For family units with more than 8 members, add $4140 for each additional member.



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Posted Feb 01, 2008