How The Petitioner’s Income Affects The Outcome For Adjustment Of Status

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One critical factor in navigating Adjustment of Status (AOS) is your petitioner’s income. Their financial stability plays a significant role in determining the success of your application. Your petitioner must meet minimum income requirements and demonstrate the ability to support you financially.

This article explores the complexities of applying for a permanent resident card. It touches on how your sponsor’s income can affect your immigration. As you read, you will also learn why working with a skilled Green Card lawyer is essential to navigating the intricate process.

Impact Of Petitioner's Income On Adjustment Of Status In The U.S.

Does The Petitioner’s Income Affect Adjustment Of Status?

Financial considerations are critical in pursuing permanent residency, especially during the initial stages. Your sponsor must demonstrate the capacity to sustain you so you won’t depend financially on the government.

When a petitioner intends to bring you to the United States, they must meet specific income thresholds. This requirement typically entails having an income of at least 125% of the Federal Poverty Level. Or 100% if the petitioner is an active duty military personnel sponsoring a spouse or children. These financial benchmarks depend on the federal poverty levels, which are updated annually.

To petition for you, your sponsor must complete the required forms and submit the necessary supporting documents. One crucial paperwork is the Affidavit of Support under Section 213A of the Immigration and Nationality Act (INA).

What Is An Affidavit Of Support?

The Affidavit of Support, or Form I-864, is a legal document in which the petitioner bears financial responsibility for the intending immigrant. The document affirms the sponsor’s commitment to providing financial backing for your journey to permanent residency.

Should your petitioner’s income fall below the mandated threshold, alternative avenues are available to facilitate a successful petition. However, before exploring these options, it is beneficial first to ascertain the financial requirements and assess whether your petitioner meets them.

What Are The Financial Requirements For AOS?

As previously noted, income and household composition play significant roles in filing for an affidavit of support. It’s important to understand that these guidelines are enforced for strict adherence. They ensure your petitioner does not become a burden on society.

Income Thresholds

The basis for the minimum income requirements for the Affidavit of Support is the federal poverty guidelines, which are updated annually. As of 2023, the general income requirement for a household of two is $24,650. There’s an additional $6,425 to the income requirement for each additional household member.

Household Size

The U.S. Citizenship and Immigration Services (USCIS) considers the total household size when evaluating income eligibility. This includes the petitioner and other dependents living in the household, such as children or elderly relatives. The application will likely fail if the household size is larger than the petitioner’s income can support.

These factors make it evident that financial considerations play a significant role in realizing your dream of residing in the United States. However, there is hope even if your petitioner cannot meet the income requirements. You and your sponsor have several alternatives to try.

If Your Sponsor Cannot Meet The Income Requirements

Understanding the available options becomes essential, especially when your sponsor’s income falls short of the required thresholds. Several alternatives can ensure your application’s approval.

By exploring these options, petitioners can effectively navigate the immigration process and support their sponsored individuals.

Asset Evaluation

If the sponsor’s income alone doesn’t meet the threshold, they can evaluate their assets’ cash value, including savings, stocks, bonds, and property. These assets should ideally cover at least five times the variance between the minimum income requirement and the household income.

Asset evaluation is also critical for sponsors intending to support a child or spouse. The minimum cash value of assets must be at least three times the difference between the 125% of the federal poverty guideline and the household income.

Joint Sponsorship

Another viable option is to seek a joint sponsor willing to share legal responsibility for the beneficiary. A joint sponsor should independently meet the 125% income requirement, offering a collaborative solution to ensure financial stability for the benefactor. This approach can provide additional assurance to immigration authorities regarding the financial support available.

With the assistance of a competent Green Card attorney, you can explore these various alternatives. You can pursue lawful permanent residence once you successfully navigate the sponsorship stage. Understanding the advantages of this legal status can inspire you to navigate the process with diligence.

What Are The Benefits Of Lawful Permanent Residency

Having a Green Card in the United States offers numerous opportunities to establish a stable life. This immigration benefit fosters a sense of belonging and assurance and grants access to various advantages.


With this status, you can promote a sense of belonging and permanence by creating a home in the United States. Holding a Green Card is more than just about residing in the country. It is about embracing the limitless possibilities for growth, achievement, and fulfillment of permanent residency.

Work Authorization

LPRs have the fundamental right to work in the country without employer sponsorship. This inherent privilege grants you the autonomy to pursue diverse career paths. You can unleash your skills and potential for self and professional development.


As a Green Card holder, you can travel in and out of the United States without restrictions. However, extended absences may endanger your residency status. With the help of your immigration lawyer, you must remain vigilant of residency requirements.

Access To Benefits

You can receive certain federal benefits, serving as a vital support system for your well-being and livelihood in the United States. Also, you can utilize the advantage of Social Security, provided you have accumulated the requisite work credits during your employment history. These benefits can offer financial assistance during retirement, disability, or to surviving family members in case of the beneficiary’s death.

Path To Citizenship

The LPR status is a significant milestone toward full integration into American society. It provides a pathway with specific eligibility criteria and requirements that set the stage for you to become a U.S. citizen. You can achieve this citizenship through naturalization.

One primary prerequisite for naturalization is continuous residence within the United States for five years. However, if you obtained your Green Card through your U.S. citizen spouse and remained married, you can apply after three years.

Additionally, LPRs must exhibit good moral character. This means adhering to the country’s laws and regulations while upholding ethical standards consistent with American values. Upon meeting these criteria and preparing for civics and English language exams, LPRs can apply for naturalization.

From an immigrant Visa to getting permanent residency is a big step toward becoming a citizen. While the process may seem daunting, it becomes manageable when approached one step at a time. Having a reliable Green Card lawyer can significantly enhance your chances of success throughout each stage of this journey. With their guidance, navigating the complexities of immigration law becomes more feasible.

How Can A Skilled Immigration Lawyer Guide You?

Lear More About The Petitioner's Income And Adjustment Of Status Outcome

Working closely with an experienced immigration lawyer can achieve your goal of permanently residing in the United States. They become a crucial ally for you and your petitioner. They offer guidance on income requirements, necessary documentation, and legal strategies to address potential challenges related to your application.

An immigration attorney is crucial in guiding petitioners through the complexities of the Affidavit of Support. They advise on meeting financial criteria and may suggest exploring additional income sources. They also assist in presenting compelling evidence to support these alternatives and advocate throughout the process.

By providing tailored advice and legal knowledge, Visa lawyers ensure you meet the qualifications and appropriately fill out the necessary forms. They will counteract potential pitfalls that could otherwise jeopardize the overall success of your permanent residency application.

Lozano Law Firm has competent and seasoned immigration lawyers. They have the skills and experience to navigate the intricate process of obtaining a Green Card with precision and dedication. They are committed to diligently addressing every legal aspect of your immigration journey. These trustworthy allies work tirelessly to help you realize your dream of residing in the United States.


Navigating the AOS process involves considering the petitioner’s income, a crucial yet sometimes overlooked aspect. It is pivotal in demonstrating financial stability and supporting the intending immigrant. Meeting specific income thresholds is vital, typically requiring at least 125% of the federal poverty level.

Understanding the financial requirements is essential for a successful immigration journey. If the petitioner’s income falls short, they can take alternatives such as joint sponsorship or submitting the cash value of their assets. With all this in mind, collaboration with a skilled immigration lawyer is essential to enhance the chances of success.

About Alfredo Lozano

alfredo lozano of lozano law firm inAlfredo Lozano is the founder and principal attorney at Lozano Law Firm, an immigration law firm serving the communities of San Antonio, Eagle Pass, Laredo and San Angelo in business and family-based immigration law. Mr. Lozano is a member of the State Bar of Texas, the San Antonio Bar Association, and the American Immigration Lawyers Association.

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