Legal Question in Immigration Law in New Jersey

As US citizen I require to submit "Affidavit of support" for family member whom I want to bring to US from other country and I have to meet 125% of poverty level. My question is following. For example, I want to show my income for last three years and my annual income in 2007 was 17 000 and 125% of poverty level for 2007 was 16500. I'm filling affidavit of support in 2009 and poverty level has been raised and now 125% of poverty level is 17500 (just for example). Does this mean I have not met 125% of income for 2007 because poverty level has been raised? Or they count income eligibility based on guidance for 2007?

Thank you!

Asked on 12/12/09, 12:43 pm

1 Answer from Attorneys

Luba Smal Smal Immigration Law Office

Since you are sponsoring someone not in 2007, but in 2009, your current income is what matters (not your income and federal guidelines back in 2007).

You have to submit evidence of present employment, copies of 2008 tax returns and W2 forms, etc.

For the year 2009, federal poverty guidelines for a household size of 2 people is $18,212.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice. This response doesn’t create an attorney-client relationship. If you request a follow-up confidential advice on your specific situation and regarding U.S.A. immigration-related issues, we can offer a paid consultation by telephone or email to clients from all States and globally. Please visit our website for more details.

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Answered on 12/17/09, 4:12 pm

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