WEEK OF APRIL 24, 2017
** Contributions to this Column are made by Attorney Caroly Pedersen, Esq. of the American Immigration Law Center – Call 954-382-5378
New 2017 Poverty Guidelines Released for Affidavit of Support (Form I-864)
The new minimum income requirements under the I-864 Affidavit of Support have been released. U.S. Citizen and U.S. Resident Sponsors are required to meet or exceed 125% of the Poverty Guidelines in order to qualify. The income requirements for 2017 have increased just slightly from 2016.
For example, the minimum yearly income of $ 20,300 is now required to sponsor a Spouse, compared with $20,025 for 2016.
| 2017 Affidavit of Support Requirements for All States (other than Alaska & Hawaii) 125 % of Poverty Guidelines | ||
| Size of Family Old 2016
Annual Income |
New Current 2017 Annual Income Required |
New Current Monthly
Income Required |
| 1 $14,825 | $ 15,075 | $ 1,256 |
| 2 $20,025 | $ 20,300 | $ 1,692 |
| 3 $25,200 | $ 25,525 | $ 2,127 |
| 4 $30,375 | $ 30,750 | $ 2,563 |
| 5 $35,550 | $ 35,975 | $ 2,998 |
| 6 $40,725 | $ 41,200 | $ 3,433 |
| 7 $45,925 | $ 46,425 | $ 3,869 |
| 8 $51,125 | $ 51,650 | $ 4,304 |
| For families with more than 8 members, add $5,225 for each person | ||
You can take a look at the new 2017 Poverty Guidelines which includes all U.S. States on the USCIS website or by visiting our website at: www.Immigratetoday.com and clicking on the Immigration Newsletter link,
Here’s a few important tips for Sponsors to remember when filing an Affidavit of Support:
Always include a copy of: a) your most recent tax return and W-2 b) past 3 months paystubs and c) current letter from your employer stating your fulltime position, dates of employment and wages (which match your paystubs). Note that even if the sponsor does not meet the requirements, and uses the income of a Joint Sponsor, he or she must still file an I-864 and include evidence of income.
When submitting an I-864 from a Joint-sponsor who does meet the minimum income qualifications and be sure to include: a) copy of the Joint-sponsor’s U.S. Birth Certificate, U.S. Passport, Naturalization Certificate or Green Card b) copy of the most recent tax return and W-2 c) past 3 months paystubs and d) current letter from his or her employer stating fulltime position, dates of employment and wages (which match his or her paystubs).
Importantly, most U.S. Citizen parents sponsoring minor children under age 18 are not required to file an Affidavit of Support, since the immigrating child will automatically become a U.S. Citizen upon obtaining U.S. Residency. Instead, the child is required to file form I-864W requesting the exemption. You can learn more about preparing I-864 Affidavits of Support and meeting the minimum income requirements by visiting our website at: www.Immigratetoday.com and clicking on the Immigration Newsletter link, or by calling our office at: 954-382-5378.
USCIS Announces That Green Cards and Employment Authorization Cards Have Been Redesigned
The USCIS announced last week that on May 1, 2017, it will begin issuing redesigned Permanent Resident Card (also known as a Green Card) and the Employment Authorization Document (EAD). The redesign is part of its “Next Generation Secure Identification Document Project” which uses enhanced graphics and fraud-resistant security features to make the cards more secure and more tamper-resistant.
According to the announcement, the new Green Cards and EADs will have the following added features:
Display the individual’s photos on both sides;
Show a unique graphic image and color palette:
Have embedded holographic images;
No longer display the individual’s signature;
Green Cards will have an image of the Statue of Liberty and a green palette and no longer have an optical stripe on the back.
EAD cards will have an image of a bald eagle and a red palette;
The USICS notes that some Green Cards and EADs issued after May 1, 2017, may still be in the existing format and are still valid. Also, current versions of both cards remain valid until expiration. You can check out the new card designs by visiting our website at: www.Immigratetoday.com and clicking on the Immigration Newsletter link, or by visiting the USCIS website.
USCIS Terminates Temporary Protected Status (TPS) For Guinea, Liberia, and Sierra Leone
The USCIS has advised that it will not extend Temporary Protected Status (TPS) for nationals from Guinea, Liberia, and Sierra Leone and the TPS status for these individuals in the U.S. will terminate effective May 21, 2017. The Department of Homeland Security has urged nationals of these countries who have not changed to another legal immigration status to prepare to depart from the U.S. by May 21, 2017. Under Trump’s new policies, TPS status programs coming up for renewal may be in doubt as to whether or not other such programs will be terminated as well.
THIS WEEK’S IMMIGRATION QUESTIONS & ANSWERS
Question: I am an American and I sponsored my wife and step-son for residency when he was 15 years old. He has now graduated from college, become an American Citizen and just turned 21yrs old. His biological father is here from Venezuela visiting on a tourist visa and my step-son is worried about him going back to that country with all the riots and things going on right now. He wants to see if there is anything he can do to sponsor him. My question is whether he would still be able to ask for his father, since I sponsored him as his step-dad. Can you please clear this up for us so we can begin giving you the papers to file for his green card if that is possible and find out how long the process takes, thanks again for your help.
Answer: That is a great question. As long as a child is age 21 or older, he or she can sponsor biological parents for residency, even though the U.S. Citizen child may have obtained U.S. residency through a U.S. Citizen step-parent such as yourself. Parents of U.S. Citizens are considered as “immediate relatives” and there is no waiting line. When parents are outside the U.S., the process takes between 8-12 months to process and receive an immigrant visa. When parents are in the U.S., the process is very quick, about six months to receive the residency interview and residency card soon thereafter. In this case, since the biological father is in the U.S. and entered legally, he is eligible to obtain a Green Card in the U.S. and wait here and does not need to return to Venezuela. Once the residency case is filed, it currently takes 3 months to receive the work permit and travel permit (then social security card) and approximately 6 months for U.S. Residency (Green Card).
