[Federal Register Volume 85, Number 70 (Friday, April 10, 2020)]
[Notices]
[Pages 20292-20294]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07543]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[OMB Control Number 1615-0075]
Agency Information Collection Activities; Revision of a Currently
Approved Collection: Affidavit of Support Under Section 213A of the Act
AGENCY: U.S. Citizenship and Immigration Services, Department of
Homeland Security.
ACTION: 30-Day notice.
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SUMMARY: The Department of Homeland Security (DHS), U.S. Citizenship
and
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Immigration Services (USCIS) will be submitting the following
information collection request to the Office of Management and Budget
(OMB) for review and clearance in accordance with the Paperwork
Reduction Act of 1995. The purpose of this notice is to allow an
additional 30 days for public comments.
DATES: Comments are encouraged and will be accepted until May 11, 2020.
ADDRESSES: All submissions received must include the OMB Control Number
1615-0075 in the body of the letter, the agency name and Docket ID
USCIS-2007-0029. Submit comments via the Federal eRulemaking Portal
website at http://www.regulations.gov under e-Docket ID number USCIS-
2007-0029.
FOR FURTHER INFORMATION CONTACT: USCIS, Office of Policy and Strategy,
Regulatory Coordination Division, Samantha Deshommes, Chief, Telephone
number (202) 272-8377 (This is not a toll-free number; comments are not
accepted via telephone message.). Please note contact information
provided here is solely for questions regarding this notice. It is not
for individual case status inquiries. Applicants seeking information
about the status of their individual cases can check Case Status
Online, available at the USCIS website at http://www.uscis.gov, or call
the USCIS Contact Center at (800) 375-5283; TTY (800) 767-1833.
SUPPLEMENTARY INFORMATION:
Reasons for Changes
An Affidavit of Support Under Section 213A of the INA (Affidavit)
is required for most family-sponsored immigrants and some employment-
based immigrants. See INA section 212(a)(4) and INA section 213A. By
executing an Affidavit, a sponsor is creating a contract between the
sponsor and the U.S. Government. Under the contract, the sponsor agrees
that he or she will: (1) Provide support to the sponsored immigrant at
an annual income of, in most cases, not less than 125 percent of the
Federal poverty line during the period the support obligation is in
effect; (2) to be jointly and severally liable for any reimbursement
obligation incurred as a result of the sponsored immigrant receiving
any means-tested public benefits during the period the obligation is in
effect; and (3) to submit to the jurisdiction of any Federal or State
court for the purpose of enforcing any of the support obligation under
INA section 213A.
On May 23, 2019, President Trump issued the Memorandum on Enforcing
the Legal Responsibilities of Sponsors of Aliens (Presidential Memo).
See https://www.whitehouse.gov/presidential-actions/memorandum-enforcing-legal-responsibilities-sponsors-aliens. The Presidential Memo
states that a ``key priority of [the] Administration is restoring the
rule of law by ensuring that existing immigration laws are enforced''
and emphasized that sponsors who pledge to financially support
sponsored aliens are expected to fulfill their commitment under the
law.
As part of this revision, and in furtherance of the Presidential
Memo, USCIS has made changes to better inform sponsors and household
members of their support obligations and better ensure the support
obligations, as agreed to by completing and signing the Form I-864,
Form I-864EZ, or Form I-864A, will be met.
Changes to the Form I-864 and Form I-864EZ include collection of
bank account information from sponsors, information about previously
submitted Affidavits, and optional submission of a credit report as
evidence. Language throughout the forms was modified to ensure greater
clarity regarding the sponsor's obligations. USCIS also 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.
Changes to Form I-864A 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' section 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-864EZ, and Form
I-864A be notarized prior to submission to the agency.
USCIS has made changes to the Instructions for Form I-864, Form I-
864EZ, and Form I-864A 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 also added.
The regulations governing the Affidavit are provided in 8 CFR 213a
and will not be changed by this form change.
Comments
The information collection notice was previously published in the
Federal Register on October 15, 2019, at 84 FR 55167, allowing for a
60-day public comment period. USCIS did receive five comment(s) in
connection with the 60-day notice.
You may access the information collection instrument with
instructions, or additional information by visiting the Federal
eRulemaking Portal site at: http://www.regulations.gov and enter USCIS-
2007-0029 in the search box. The comments submitted to USCIS via this
method are visible to the Office of Management and Budget, and comply
with the requirements of 5 CFR 1320.12(c). All submissions will be
posted, without change, to the Federal eRulemaking Portal at http://www.regulations.gov, and will include any personal information you
provide. Therefore, submitting this information makes it public. You
may wish to consider limiting the amount of personal information that
you provide in any voluntary submission you make to DHS. DHS may
withhold information provided in comments from public viewing that it
determines may impact the privacy of an individual or is offensive. For
additional information, please read the Privacy Act notice that is
available via the link in the footer of http://www.regulations.gov.
Written comments and suggestions from the public and affected
agencies should address one or more of the following four points:
(1) Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the agency,
including whether the information will have practical utility;
(2) Evaluate the accuracy of the agency's estimate of the burden of
the proposed collection of information, including the validity of the
methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to
be collected; and
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(4) Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses.
Overview of This Information Collection
(1) Type of Information Collection Request: Revision of a Currently
Approved Collection.
(2) Title of the Form/Collection: Affidavit of Support Under
Section 213A of the Act, Form I-864; Contract Between Sponsor and
Household Member, Form I-864A; Affidavit of Support Under Section 213
of the Act, I-864EZ.
(3) Agency form number, if any, and the applicable component of the
DHS sponsoring the collection: Form I-864; Form I-864EZ; Form I-864A;
USCIS.
(4) Affected public who will be asked or required to respond, as
well as a brief abstract: Primary: USCIS uses the data collected on
Form I-864 to determine whether the sponsor has the means to support
the sponsored alien under section 213A of the INA (8 U.S.C. 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 U.S.C. 1183a), and
ensures that basic information required to assess eligibility is
provided by sponsors.
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).
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.
(5) An estimate of the total number of respondents and the amount
of time estimated for an average respondent to respond: The estimated
total number of respondents for the information collection Form I-864
is 446,313 and the estimated hour burden per response is 6.5 hours; the
estimated total number of respondents for the information collection
Form I-864A is 42,892 and the estimated hour burden per response is
2.25 hours; the estimated total number of respondents for the
information collection Form I-864EZ is 114,860 and the estimated hour
burden per response is 3 hours.
(6) An estimate of the total public burden (in hours) associated
with the collection: The total estimated annual hour burden associated
with this collection is 3,342,122 hours.
(7) An estimate of the total public burden (in cost) associated
with the collection: The estimated total annual cost burden associated
with this collection of information is $137,487,385.
Dated: April 6, 2020.
Samantha L Deshommes,
Chief, Regulatory Coordination Division, Office of Policy and Strategy,
U.S. Citizenship and Immigration Services, Department of Homeland
Security.
[FR Doc. 2020-07543 Filed 4-9-20; 8:45 am]
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