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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:
1615-0075
ICR Reference No:
202004-1615-002
Status:
Historical Inactive
Previous ICR Reference No:
201907-1615-016
Agency/Subagency:
DHS/USCIS
Agency Tracking No:
I-864
Title:
Affidavit of Support Under Section 213A of the Act
Type of Information Collection:
Revision of a currently approved collection
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Withdrawn and continue
Conclusion Date:
08/06/2020
Retrieve Notice of Action (NOA)
Date Received in OIRA:
04/17/2020
Terms of Clearance:
The agency is withdrawing this submission in order to update the baseline of the form on an emergency basis to comply with the injunction on the agency's public charge final rule.
Inventory as of this Action
Requested
Previously Approved
Expiration Date
10/31/2021
36 Months From Approved
10/31/2021
Responses
769,145
0
769,145
Time Burden (Hours)
3,347,720
0
3,347,720
Cost Burden (Dollars)
135,569,525
0
135,569,525
Abstract:
Form I-864. USCIS uses the data collected on Form I-864 to determine whether the sponsor has the means to support the sponsored alien as set forth in section 213A of the INA (8 USC 1183a) and for administrative purposes that better ensure the sponsor will meet the support obligations as agreed to by execution of the Form I-864 (including, but not limited to, reimbursing public benefit agencies for means-tested public benefits received by the sponsored immigrant while the support obligation was in effect). This form standardizes evaluation of whether the individual executing the Affidavit of Support meets the definition of a sponsor, can demonstrate the means to maintain income at the required income threshold, and otherwise meets the requirements of section 213A of the INA (8 USC 1183a), and ensures that basic information required to assess eligibility is provided by sponsors. Form I-864A. Form I-864A is a contract between the sponsor and the sponsor’s household members. It is only used if the sponsor intends to use the income of his or her household members to reach the required 125 percent of the Federal poverty guidelines income threshold (or 100 percent when applicable). The contract holds these household members jointly and severally liable for the support of the sponsored immigrant(s) specified on the Form I-864A. USCIS uses the data collected on Form I-864A in conjunction with a Form I-864, to determine whether the sponsor can demonstrate the means to maintain income at the required income threshold under section 213A of the Immigration and Nationality Act, when the sponsor’s income is combined with the household member(s)’ income and for administrative purposes that better ensure the household member will meet the support obligations as agreed to by the household member in the Form I-864A (including, but not limited to, reimbursing public benefit agencies for means-tested public benefits received by the sponsored immigrant while the support obligation was still in effect). . Form I-864EZ. USCIS uses Form I-864EZ in exactly the same way as Form I-864; however, USCIS collects less information from the sponsors as the Form I-864EZ is a shorter version of Form I-864, designed for execution by sponsors that meet certain criteria.
Authorizing Statute(s):
US Code:
8 USC 1183a
Name of Law: Immigration Nationality Act
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
Not associated with rulemaking
Federal Register Notices & Comments
60-day Notice:
Federal Register Citation:
Citation Date:
84 FR 55167
10/15/2019
30-day Notice:
Federal Register Citation:
Citation Date:
85 FR 20292
04/10/2020
Did the Agency receive public comments on this ICR?
Yes
Number of Information Collection (IC) in this ICR:
3
IC Title
Form No.
Form Name
Affidavit of Support Under Section 213A of the Act
I-864EZ
Affiavit of Support of Support Under Section 213A of the Act
Affidavit of Support Under Section 213A of the Act
I-864A
Contract Between Sponsor and Household Member
Affidvit of Support Under Section 213A of the Act
I-864
Affidavit of Support Under Section 213A of the INA
Burden increases because of Program Change due to Agency Discretion:
Yes
Burden Increase Due to:
Miscellaneous Actions
Burden decreases because of Program Change due to Agency Discretion:
No
Burden Reduction Due to:
Short Statement:
USCIS has made substantive changes to Form I-864 and Form I-864EZ to include collection of bank account information from sponsors, information about previously submitted Affidavit of Supports, and optional submission of a credit report as evidence. Language throughout the forms was modified to ensure greater clarity regarding the sponsor’s obligations, including the obligation to reimburse a Federal, State, or local agency or nongovernmental entity that may grant means-tested public benefits to the immigrant on whose behalf the sponsor filed the form. USCIS added additional language under the Sponsor’s Certification section of the forms further outlining the sponsor’s obligations and the consequences of submitting Form I-864 and Form I-864EZ. USCIS also made substantive changes to Form I-864A to include collection of bank account information from household members and optional submission of a credit report as evidence. USCIS also added additional language under the Sponsor’s Certification section, plus the Household Member’s Contract, Statement, and Certification sections of the form further outlining the sponsor’s and household member’s obligations and the consequences of submitting Form I-864A. USCIS further added a separate interpreter and preparer section for the Sponsor on Form I-864A. USCIS will now also require that Form I-864, Form I-864A, and Form I-864EZ be notarized prior to submission to the agency. USCIS has made changes to the Instructions for Form I-864, Form I-864A, and Form I-864EZ adding language to more thoroughly explain the purpose of the forms, the sponsor’s and household member’s obligations as a result of the forms being accepted by USCIS as sufficient and the support obligations taking effect, and the consequences if the support obligations are not met. The requirements regarding which children immigrating based on adoption need to submit a Form I-864 executed on their behalf is now outlined in greater detail; which of these children can have a sponsor execute a Form I-864EZ on their behalf is also outlined in greater detail. USCIS also added a section to list and explain the eligibility requirements for being a sponsor. Language explaining the age limitations for spousal relationships involving a minor was added. Clarifications to the instructions for individual Item Numbers on the form were also made. Additionally, USCIS updated language in sections of the Instructions that are applicable across most USCIS forms and therefore worded the same way. The full scope of changes to each form and its corresponding Instructions can be found in the Tables of Changes submitted as supporting documentation with this information collection request.
Annual Cost to Federal Government:
$25,380,255
Does this IC contain surveys, censuses, or employ statistical methods?
No
Does this ICR request any personally identifiable information (see
OMB Circular No. A-130
for an explanation of this term)? Please consult with your agency's privacy program when making this determination.
Yes
Does this ICR include a form that requires a Privacy Act Statement (see
5 U.S.C. §552a(e)(3)
)? Please consult with your agency's privacy program when making this determination.
Yes
Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]?
No
Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]?
No
Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)?
No
Is this ICR related to the Pandemic Response?
No
Agency Contact:
Kerstin Jager 214 489-8022 kerstin.a.jager@uscis.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:
04/17/2020