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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:
202008-1615-016
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:
Emergency
Approval Requested By:
08/11/2020
OIRA Conclusion Action:
Withdrawn and continue
Conclusion Date:
08/28/2020
Retrieve Notice of Action (NOA)
Date Received in OIRA:
08/10/2020
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
10/31/2021
6 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:
USCIS uses the data collected on Form I-864 to determine whether the sponsor has the ability to support the sponsored alien under section 213A of the Immigration and Nationality Act. This form standardizes evaluation of a sponsor’s ability to support the sponsored alien and ensures that basic information required to assess eligibility is provided by petitioners. Form I-864A is a contract between the sponsor and the sponsor’s household members. It is only required if the sponsor used the income of his or her household members to reach the required 125 percent of the Federal poverty guidelines. The contract holds these household members jointly and severally liable for the support of the sponsored immigrant. The information collection required on Form I-864A is necessary for public benefit agencies to enforce the Affidavit of Support in the event the sponsor used income of his or her household members to reach the required income level and the public benefit agencies are requesting reimbursement from the sponsor. USCIS uses Form I-864EZ in exactly the same way as Form I-864; however, less information is collected from the sponsors as less information is needed from those who qualify in order to make a thorough adjudication. USCIS uses Form I-864W to determine whether the intending immigrant meets the criteria for exemption of section 213A requirements. This form collects the immigrant’s basic information, such as name and address, the reason for the exemption, and accompanying documentation in support of the immigrant’s claim that they are not subject to section 213A.
Emergency Justfication:
On Wednesday, July 29, 2020, DHS was enjoined by the U.S. District Court for the Southern District of New York from enforcing, applying, implementing, or treating as effective the Public Charge Final Rule, which was implemented on February 24, 2020. USCIS has been advised by the U.S. Department of Justice that the nationwide injunction covers the use of this information collection instrument approved with the Public Charge Final Rule. In light of the injunction, USCIS will need to revise this form to remove the information collection elements added pursuant to the Public Charge Final Rule.
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
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
4
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
Affidvit of Support Under Section 213A of the Act
I-864
Affidavit of Support Under Section 213A of the INA
Contract Between Sponsor and Household Member
I-864A
Contract Between Sponsor and Household Member
Request for Exemption of Intending Immigrant's Affidavit of Support
I-864W
Request for Exemption for Intending Immigrant's Affidavit of Support
Burden increases because of Program Change due to Agency Discretion:
No
Burden Increase Due to:
Burden decreases because of Program Change due to Agency Discretion:
No
Burden Reduction Due to:
Short Statement:
USCIS is reinstating Form I-864W to this information collection as a result of the injunction on the Public Charge Final Rule.
Annual Cost to Federal Government:
$22,133,800
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.
No
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.
No
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:
08/10/2020
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