Austin, TX asked in Immigration Law for Texas

Q: Hi, I have special case over public charge rule.My I-130 petition was approved this year by USCIS and my case in NVC now

So now I have to file affidavit of support but my income is around 21.000$ which is not above public charge guidelines for my spouse and two kids. Moreover, my son has disability. So does it mean that I cannot bring my family due to public charge rule?

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1 Lawyer Answer
Robert Roy Klein
Robert Roy Klein
  • Immigration Law Lawyer
  • Los Angeles, CA

A: It's not just your income but also your assets, including bank accounts, owning more than 1 car, real estate. It's a little confusing, but if your assets are 5 times the difference between your income and the poverty guideline times 125%.

((poverty line * 125%) - your income) * 5

For a family of 4, poverty line is $26,200. Putting this into the formula:

((26200 * 125%) - 21000) * 5 = $58,750

If your assets exceed $58,750, then you're fine. If not, you can try to find a joint sponsor.

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