The HHS Poverty Guidelines are how you calculate the level of income that is required by the petitioner when filing a visa petition for a family member. If your income does not meet the requirements then you will need to get a joint sponsor. For more information about the affidavit of support and joint sponsors check out our guide to the Form I-864A.

NOTE: Only family preference category visas have derivative beneficiaries. Immediate relative petitions do not have derivatives. Eligibility Criteria for Adjustment as Derivative Applicant In order to be eligible for a Green Card as a derivative applicant in a family-based preference category, you must meet the following requirements:

Last Updated June 13, 2023 Form I-864A: https://www.uscis.gov/sites/default/files/document/forms/i-864a.pdf Official USCIS Instructions: https://www.uscis.gov/sites/default/files/document/forms/i-864ainstr.pdf FORM-I-864A-GUIDEDownload WHY DOES A HOUSEHOLD MEMBER COMPLETE FORM I-864A? A household member completes this contract if the household member’s income and/or assets will be used to demonstrate the sponsor’s ability to meet the income requirements and to maintain the sponsored immigrant at an annual income at the level specified in INA section 213A(f)(l)(E) or section 213A(f)(3). If the Intending Immigrant Is a Household Member, Must He or She Complete This Contract? If you are the intending immigrant and the sponsor is including your income on Form I-864 to meet the eligibility requirements, you need to complete this contract only if you have accompanying dependents. If you are the intending immigrant and the sponsor is including only your assets on Form I-864, you do not need to complete this contract, even if you have accompanying dependents. Filing Fee: There is no filing fee to file Form I-864A with USCIS. Where do I file? This contract MUST be filed with Form I-864. WHO COMPLETES THIS FORM? The sponsor and a household member complete and sign this form. If either the sponsor or the household member is under guardianship, the guardian of that individual’s estate (financial affairs) may sign the form. PRINCIPAL IMMIGRANT The principal immigrant must submit one original Form I-864 and Form I-864A for his or her file along with supporting financial evidence of the sponsor’s and household member’s income. A Form I-864 or Form I-864A is considered original if it is signed in black ink. The principal immigrant should submit photocopies of the completed Form I-864 and Form I-864A for each of the family members traveling with him or her. Copies of supporting financial documents are not required for the principal immigrant’s family members. TIPS ON COMPLETING FORM I-864A SECTION WHAT TO DO Part 1 The household member completes this section. Part 1, Questions 6.a-7 The household member provides his or her Place of Birth and Social Security Number, if you have one. Part 2, Questions 1.a.-1.c. The household member indicates the relationship to the sponsor (or, if appropriate, the joint sponsor or substitute sponsor). Part 3, Questions 1.a.-2.And Part 4, Questions 1-3d The household member provides this employment information and current individual annual income. In the beginning of Part 5 The sponsor (or, if appropriate, a joint sponsor or substitute sponsor) must print their name and the number of intending immigrants being sponsored. This number should include all intending immigrants that were listed in Part 5, Questions 1.a-25 and those listed in Part 9, Additional Information (if any). Part 5 List only the intending immigrants that are being sponsored on Form I-864. Part 5, Questions 31.a.-31.b. The sponsor (or, as appropriate, a joint sponsor or substitute sponsor) must sign and date the form. The signature needs to be original (not a photocopy). Part 6, Questions 6.a-6.c The household member must print, sign and provide the date of signature in black ink. The signature needs to be original (not a photocopy). Supporting Documents Checklist The following items must be submitted with Form I-864A: For ALL sponsors: For SOME sponsors: FREQUENTLY ASKED QUESTIONS HOW DO I CALCULATE MY HOUSEHOLD SIZE? The Form I-864 asks for the financial sponsor’s household size. When calculating their household size, sponsors must include: A sponsor does not have to include people on other I-864s who have not yet immigrated to the United States. WHO CAN BE A FINANCIAL SPONSOR? A financial sponsor, including a petitioner, must be at least 18 years old and either a U.S. citizen or a lawful permanent resident (LPR). The sponsor must also have a domicile (residence) in the United States. WHAT ARE POVERTY GUIDELINES? Petitioners must meet a minimum income level, called the Federal Poverty Guidelines, in order to financially sponsor a visa applicant. The Poverty Guidelines in effect on the filing date of an Affidavit of Support are used to determine whether the income requirement is met. You can find these guidelines on USCIS’ website. WHAT HAPPENS IF THE PETITIONER DOESN’T HAVE ENOUGH INCOME? Petitioners who cannot meet this level have two choices: 1) find a “joint sponsor” who will agree to also financially support the visa applicant, or 2) use the income of a household member to meet the Poverty Guidelines. These additional financial sponsors also have to submit an Affidavit of Support, proof of their income, and proof of their legal status in the United States. Remember: Even if a petitioner finds a joint sponsor or uses the income of a household member to financially sponsor a visa applicant, that petitioner must still submit an Affidavit of Support. IS A SUFFICIENT FORM I-864 THE ONLY CONSIDERATION FOR MEETING ANY PUBLIC CHARGE ISSUES AT THE TIME OF THE VISA INTERVIEW? No, consular officers also look at other public charge factors affecting the financial situation of both the financial sponsor(s) and the applicant. Age, health, education, skills, financial resources and family status of the applicant and the sponsor are factors. IF THE POVERTY GUIDELINES CHANGE BETWEEN THE TIME THE PETITIONER SIGNED THE AFFIDAVIT OF SUPPORT AND THE ISSUANCE OF AN IMMIGRANT VISA, MUST THE PETITIONER/SPONSOR AND JOINT SPONSOR, IF REQUIRED, SUBMIT A NEW FORM I-864? No, the Form I-864 remains valid indefinitely unless evidence of failure to meet the poverty guidelines in effect on the date of I-864 filing arises. CAN A CREDIBLE OFFER OF EMPLOYMENT FOR THE VISA APPLICANT REPLACE OR SUPPLEMENT AN INSUFFICIENT AFFIDAVIT OF SUPPORT? No, the law does not recognize offers of employment in place of the Form I-864. A job offer may show ability of the applicant to overcome ineligibility as a public charge, but does not meet any I-864 requirement. HOW CAN A SPONSOR USE ASSETS TO MEET THE MINIMUM FEDERAL POVERTY GUIDELINES? If a sponsor’s income does not meet the minimum Federal Poverty Guidelines, he or she can submit the value of assets to make up the difference unless the sponsor is submitting a Form I-864EZ. When looking at income levels, the consular officer will look at

Checklist of Documents to Bring to Your USCIS Interview (I-130 or I-1485) For Marriage-Based Cases For married couples who are preparing to attend their USCIS interview after submitting their Form I-130 Visa Petition and/or Form I-485 Adjustment of Status interview, you can use this checklist to gather supporting documents to bring to your USCIS interview.

The number of visas that are available for immigrants coming to the United States is limited under the law. The limitations are determined annually and then a monthly visa bulliten is published based on the number of visas used. The visa bulletin is used to determine when a visa is available. As an example this is the visa bulliten for September 2023. The Department of State has determined the Family and Employment preference numerical limits for FY-2023 in accordance with the terms of Section 201 of the INA. Under INA Section 202(a), the per-country limit is fixed at 7% of the family and employment annual limits.  For FY-2023 the per-country limit is 29,616.  The dependent area annual limit is 2%, or 8,462. These numerical limitations for FY-2023 are as follows: Worldwide Family-Sponsored preference limit:          226,000Worldwide Employment-Based preference limit:        197,091 STATUTORY NUMBERS FOR PREFERENCE IMMIGRANT VISAS This bulletin summarizes the availability of immigrant numbers during September for: “Final Action Dates” and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center. Unless otherwise indicated on the U.S. Citizenship and Immigration Services (USCIS) website at www.uscis.gov/visabulletininfo, individuals seeking to file applications for adjustment of status with USCIS must use the “Final Action Dates” charts below for determining when they can file such applications. When USCIS determines that there are more immigrant visas available for the fiscal year than there are known applicants for such visas, USCIS will state on its website that applicants may instead use the “Dates for Filing Visa Applications” charts in this Bulletin.  IMMEDIATE RELATIVES Immediate relative petitions are not subject to the family-sponsor preferences. Immediate relative visas are available once approved. Immediate relatives are considered to be: FAMILY-SPONSORED PREFERENCES All other family-sponsored visas are in preference categories. The preference categories will determine when the visa will become available. The family-sponsored preference categories are as follows: First: (F1) Unmarried Sons and Daughters of U.S. Citizens:  23,400 plus any numbers not required for fourth preference. Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents:  114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers: A. (F2A) Spouses and Children of Permanent Residents:  77% of the overall second preference limitation, of which 75% are exempt from the per-country limit; B. (F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents:  23% of the overall second preference limitation. Third: (F3) Married Sons and Daughters of U.S. Citizens:  23,400, plus any numbers not required by first and second preferences. Fourth: (F4) Brothers and Sisters of Adult U.S. Citizens:  65,000, plus any numbers not required by first three preferences. September 2023 FINAL ACTION DATES FOR FAMILY-SPONSORED PREFERENCE CASES Family-Sponsored  All Chargeability Areas ExceptThose Listed CHINA-mainland born INDIA MEXICO PHILIPPINES  F1 01JAN15 01JAN15 01JAN15 22APR01 01MAR12 F2A 01JAN18 01JAN18 01JAN18 01SEP16 01JAN18 F2B 22SEP15 22SEP15 22SEP15 01AUG01 22OCT11 F3 08JAN09 08JAN09 08JAN09 15JAN98 08JUN02 F4 22APR07 22APR07 15SEP05 01AUG00 22AUG02 Visa Bulletin For September 2023https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html EMPLOYMENT-BASED PREFERENCES First:  Priority Workers:  28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences. Second:  Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability:  28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference. Third:  Skilled Workers, Professionals, and Other Workers:  28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to “*Other Workers”. Fourth:  Certain Special Immigrants:  7.1% of the worldwide level. ***Special Immigrant Juvenile I-360 Petitions also use this preference category, read more. Fifth:  Employment Creation:  7.1% of the worldwide level, of which 32% are reserved as follows: 20% reserved for qualified immigrants who invest in a rural area; 10% reserved for qualified immigrants who invest in a high unemployment area; and 2% reserved for qualified immigrants who invest in infrastructure projects. The remaining 68% are unreserved and are allotted for all other qualified immigrants. FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES Employment-based All Chargeability Areas ExceptThose Listed CHINA-mainland born INDIA MEXICO PHILIPPINES 1st 01AUG23 01FEB22 01JAN12 01AUG23 01AUG23 2nd 01JUL22 08JUL19 01JAN11 01JUL22 01JUL22 3rd 01MAY20 01SEP19 01JAN09 01MAY20 01MAY20 Other Workers 01MAY20 01SEP15 01JAN09 01MAY20 01MAY20 4th 01SEP18 01SEP18 01SEP18 01SEP18 01SEP18 Certain Religious Workers 01SEP18 01SEP18 01SEP18 01SEP18 01SEP18 5th Unreserved(including C5, T5, I5, R5) C 08SEP15 01APR17 C C 5th Set Aside:Rural (20%) C C C C C 5th Set Aside:High Unemployment (10%) C C C C C 5th Set Aside:Infrastructure (2%) C C C C C https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html DIVERSITY VISAS DIVERSITY IMMIGRANT (DV) CATEGORY FOR THE MONTH OF SEPTEMBER Section 203(c) of the INA provides up to 55,000 immigrant visas each fiscal year to permit additional immigration opportunities for persons from countries with low admissions during the previous five years.  The NACARA stipulates that beginning with DV-99, and for as long as necessary, up to 5,000 of the 55,000 annually allocated diversity visas will be made available for use under the NACARA program.  This will result in reduction of the DV-2023 annual limit to approximately 54,833.  DV visas are divided among six geographic regions. No one country can receive more than seven percent of the available diversity visas in any one year. For September, immigrant numbers in the DV category are available to qualified DV-2023 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers BELOW the specified allocation cut-off number: Region All DV Chargeability Areas ExceptThose Listed Separately AFRICA Current Except:  Algeria     45,000              Egypt        43,200              Morocco   63,400 ASIA 21,000 Except:  Iran     16,000              Nepal  21,000 EUROPE 32,000 Except:  Russia         32,000               Uzbekistan  17,000 NORTH AMERICA (BAHAMAS)  Current   OCEANIA 2,500   SOUTH AMERICA,and the CARIBBEAN 3,150   https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html Entitlement to immigrant status in the DV category lasts