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Please note that the OMB number and expiration date may not have been determined when this Information Collection Request and associated Information Collection forms were submitted to OMB. The approved OMB number and expiration date may be found by clicking on the Notice of Action link below.
View ICR - OIRA Conclusion
OMB Control No:
1615-0023
ICR Reference No:
200810-1615-008
Status:
Historical Inactive
Previous ICR Reference No:
200805-1615-005
Agency/Subagency:
DHS/USCIS
Agency Tracking No:
Title:
Application to Register Permanent Residence or Adjust Status
Type of Information Collection:
Revision of a currently approved collection
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Preapproved
Conclusion Date:
11/10/2008
Retrieve Notice of Action (NOA)
Date Received in OIRA:
10/28/2008
Terms of Clearance:
Approved. This collection may be used starting on the effective date of the associated regulation.
Inventory as of this Action
Requested
Previously Approved
Expiration Date
11/30/2011
36 Months From Approved
09/30/2009
Responses
649,809
0
583,921
Time Burden (Hours)
3,875,095
0
3,656,658
Cost Burden (Dollars)
536,349,260
0
589,760,210
Abstract:
Section 245 of the Immigration and Nationality Act (INA), provides for the adjustment of status of a nonimmigrant to that of a person admitted for permanent residence. In addition to the evidence required by Form I-485, the interim regulation Adjustment of Status to Lawful Permanent Resident for Aliens in T or U Nonimmigrant Status at 8 CFR 245.23(a) requires T applicants to demonstrate continuous physical presence in the United States for a requisite period, good moral character for a requisite period, and continued cooperation with law enforcement authorities or extreme hardship, by supplying the evidence outlined in 8 CFR 245.23(e)-(g). For U applicants, in addition to the evidence required by Form I-485, the rule at 8 CFR 245.24(a) requires applicants to demonstrate continuous physical presence for 3 years and that they have not unreasonably refused to provide assistance in the criminal investigation or prosecution by supplying the evidence outlined in 8 CFR 245.24(d) and (e). These additional documentation requirements are considered an information collection and will be included on new Supplement E to Form I-485.vides for the use of the Form I-485 by applicants for such benefits.
Authorizing Statute(s):
US Code:
8 USC 1255
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
1615-AA60
Final or interim final rulemaking
Federal Register Notices & Comments
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
1
IC Title
Form No.
Form Name
Application to Register Permanent Residence or Adjust Status
I-485 Supplement A , I-485
ICR Summary of Burden
Total Request
Previously Approved
Change Due to New Statute
Change Due to Agency Discretion
Change Due to Adjustment in Estimate
Change Due to Potential Violation of the PRA
Annual Number of Responses
649,809
583,921
0
65,888
0
0
Annual Time Burden (Hours)
3,875,095
3,656,658
0
218,437
0
0
Annual Cost Burden (Dollars)
536,349,260
589,760,210
0
0
-53,410,950
0
Burden increases because of Program Change due to Agency Discretion:
Yes
Burden Increase Due to:
Changing Regulations
Burden decreases because of Program Change due to Agency Discretion:
No
Burden Reduction Due to:
Short Statement:
The increase can be attributed to the Interim Rule "Adjustment of Status to Lawful Permanent Resident for Aliens in T or U Nonimmigrant Status; 1615-AA60"
Annual Cost to Federal Government:
$0
Does this IC contain surveys, censuses, or employ statistical methods?
No
Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002?
No
Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]?
Uncollected
Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]?
Uncollected
Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)?
Uncollected
Is this ICR related to the Pandemic Response?
Uncollected
Agency Contact:
Stephen Tarragon 202-272-8358 stephen.tarragon@dhs.gov
Common Form ICR:
No
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(a) It is necessary for the proper performance of agency functions;
(b) It avoids unnecessary duplication;
(c) It reduces burden on small entities;
(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;
(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;
(f) It indicates the retention periods for recordkeeping requirements;
(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.
(i) It uses effective and efficient statistical survey methodology (if applicable); and
(j) It makes appropriate use of information technology.
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Certification Date:
10/28/2008
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