Federal Agencies, Agency Memos & Announcements

State Dept. Advises Posts of New Poverty Guidelines

2/22/03 AILA Doc. No. 03030444. Consular Processing

R 221903Z FEB 03
FM SECSTATE WASHDC
TO ALL DIPLOMATIC AND CONSULAR POSTS
SPECIAL EMBASSY PROGRAM
AMEMBASSY DUSHANBE
AMEMBASSY KABUL
DIR FSINFATC WASHDC
UNCLAS STATE 048425


E.O. 12958: N/A
TAGS: CVIS, CMGT
SUBJECT: NEW POVERTY GUIDELINES FOR IV AFFIDAVIT OF SUPPORT

1. The Department of Health and Human Services on February 7, 2003, published its annual update of the Poverty Guidelines, taking into account increases in prices as measured by the Consumer Price Index. Posts should begin using these new guidelines in calculating levels of income and assets that immigrant visa petitioners and joint sponsors must demonstrate in their I-864 Affidavits of Support.

2. The following are the 2003 Poverty Guidelines for the 48 Contiguous States and the District of Columbia:

Size of Family Poverty 125% of Poverty Unit Guidelines Guidelines

Size of Family Poverty Unit Guidelines 125% of Poverty Guidelines
1 $8,980 $11,225
2 12,120 15,150
3 15,260 19,075
4 18,400 23,000
5 21,540 26,925
6 24,680 30,850
7 27,820 34,775
8 30,960 38,700

For family units with more than 8 members, add $3,140 for each additional member.

3. The following are the Poverty Guidelines for Alaska:

$11,210  $14,013
15,140  18,925
19,070  23,838
23,000  28,750
26,930  33,663
30,860  38,575
34,790  43,488
38,720  48,400

Add 3,930 for each additional family member.

4. The following are the Poverty Guidelines for Hawaii:

$10,330  $12,913
13,940  17,425
17,550  21,938
21,160  26,450
24,770  30,963
28,380  35,475
31,990  39,988
35,600  44,500

Add $3,610 for each additional family member.

5. When processing immigrant visa cases subject to the affidavit of support (I-864) requirement under INA 212(a)(4)(C), posts should use the figures in the column on the right, 125% of poverty guidelines, as the minimum income that a petitioner and/or a joint sponsor must demonstrate. Visa officers are also reminded to consider the "totality of circumstances" (including the applicant's age, health, and education) and can deny visa issuance under 212(a)(4)(C) if the applicant appears likely to become a public charge despite satisfying the poverty requirements.

POWELL