Supp Statement 10-9-09

Supporting Statement

Refugee/Asylee Relative Petition

Form I-730

(OMB No. 1615-0037)

1. Justification.

1. Sections 207(c)(2) and 208(c) of the Immigration and Nationality Act (Act) provide benefits for the spouse and/or children of aliens who were granted refugee or asylum status. This form will be used by an asylee or refugee to file on behalf of his/her spouse and/or children provided that the relationship to the asylee/refugee existed prior to their admission to the United States. In accordance with 8 CFR 207.7, a refugee may request accompanying or following-to-join benefits for his/her spouse and unmarried, minor child(ren) (whether the spouse and children are in of outside the United States) by filing a separate I-730 Refugee/Asylee Petition, for each qualifying family member.

2. The data collected on this form is used by U.S. Citizenship and Immigration Services (USCIS) to determine eligibility for the requested immigration benefit. If derivative asylee/refugee status is granted to the beneficiary, the data collected on and in conjunction with this form, including biometric data (e.g., fingerprints and photographs), will also be used for purposes of conducting background and security checks, such as FBI criminal history record checks. If derivative asylee/refugee status is granted to the beneficiary, the information will also be used to produce a secure Employment Authorization Document (EAD) with biometric identifiers as required by section 309 of the Enhanced Border Security and Visa Reform Act of 2002, Public Law 107-173. The form serves the purpose of standardizing requests for the benefit, and ensuring that applicants provide the basic information required to assess eligibility.

3. The use of Form I-730 provides the most efficient means for collecting and processing the required data. Currently, USCIS does not have the automated capability in place to accept electronic submission of applications. This form can be completed electronically but cannot be submitted electronically. However, this form has been designated for e-filing under the Business Transformation Project.

4. A review of the USCIS’s Forms Inventory Report revealed no duplication of effort, and there is no other similar information currently available which can be used for this purpose.

5. This collection of information does not have an impact on small businesses or other small entities.

6. If the information is not collected, USCIS will have no mechanism for qualifying family members to be reunited with their family who have settled in the United States. The collection of this information is necessary to obtain this immigration benefit.

7. There are no special circumstances applicable to this information collection.

8. On July 13, 2009, USCIS published a 60-day notice in the Federal Register at 74 FR 33453. On October 6, 2009, USCIS published a 30-day notice in the Federal Register at 74 FR 51298. USCIS did not receive any comments.

9. USCIS does not provide payments or gifts to respondents in exchange for a benefit sought.

10. There is no assurance of confidentiality.

11. There are no questions of a sensitive nature.

12. Annual Reporting Burden:

a. Number of Respondents 86,400

b. Number of Responses per Each Respondent 1

c. Total Annual Responses 86,400

d. Hours per Response .583

e. Total Annual Reporting Burden 50,371

The total annual reporting burden hours for this information collection is 50,371. This figure is derived by multiplying the number of respondents 86,400 x frequency of response (1) x .583 hours (35 minutes) per response.

13. There are no capital or start-up costs associated with this information collection.

14. Annualized Cost Analysis:

a. Printing Cost $ 38,880

b. Collection and Processing $ 3,417,120

c. Total Cost to Program $ 3,456,000

d. Fee Charge $ 0

e. Total Cost to Government $ 3,456,000

Government Cost

The estimated cost to the government for the information collection is $3,456,000. The estimated cost of the program to the government is calculated by multiplying the estimated number of respondents (86,400) x $40 (suggested hourly rate for clerical, officer and managerial time with benefits; plus a percent for printing and distributing the form.

Public Cost

The total annual burden hour cost for respondents is $503,712. This is based on the number of respondents (86,400) x the number of responses (1) x .583 hours (35 minutes) per response x $10 (average hourly rate)

16. USCIS does not intend to employ the use of statistics or the publication thereof for this collection of information.

17. USCIS will display the expiration date for OMB approval of this information collection.

18. USCIS does not request an exception to the certification of this information collection.

2. Collection of Information Employing Statistical Methods.

Not Applicable.

3. Certification and Signature.

PAPERWORK CERTIFICATION

In submitting this request for OMB approval, I certify that the requirements of the Privacy Act and OMB directives have been complied with including paperwork regulations, statistical standards or directives, and any other information policy directives promulgated under

5 CFR 1320.

Stephen Tarragon, Date

Deputy Chief,

Regulatory Products Division,

U.S. Citizenship and Immigration Services,

Department of Homeland Security.

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