Supporting Statement 7-13-11

SUPPORTING STATEMENT

Request to Enforce Affidavit of Financial Support and

Intent to Petition for Custody for Public Law 97-359 Amerasian

Form I-363

OMB No. 1615-0022

1. JUSTIFICATION:

1. The use of this information collection is mandated by Public Law 97-359, Preferential Treatment in the Admission of Certain Children of United States Citizens, relating to immigration benefits for certain Amerasian aliens. This form will be used to determine whether the Affidavit of Financial Support and Intent to Petition for Legal Custody for Public Law 97-359 Amerasian, Form I-361, executed by the beneficiary’s sponsor requires enforcement.

2. Public Law 97-359 provides that the affidavit of financial support may be enforced with respect to an alien against the alien’s sponsor in a civil suit. The information on this form provides USCIS with information to determine if such enforcement is necessary.

3. The use of this form currently provides the most efficient means for collecting and processing the required data. This form resides on the U.S. Citizenship and Immigration Services (USCIS) Web site and can be completed electronically. However, this form cannot be e-filed. Since there is only a small number of respondents for this information collection, this form has not been designated for e-filing under the Business Transformation Project.

4. A review of the USCIS 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. This information collection is used to ensure the financial support of an Amerasian child of a U.S. citizen. Without the use of this information collection, USCIS is not able to ensure the child does not become a public charge. This collection is the vehicle by which a beneficiary requires enforcement of the guarantee of financial support and intent to petition for legal custody executed by the beneficiary’s sponsor.

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

8. By notice in the Federal Register on April 19, 2011, at 76 FR 21912, USCIS notified the public that it was extending this information collection. The notice allowed for a 60-day public comment period, and USCIS received comments from one commenter in two separate submissions.
   First, this commenter thought little purpose is served by continuing to maintain the Form I-363, since in any given fiscal year, relatively few Amerasians are admitted.  Second, if the Form I-363 is retained, it should provide for inclusion of the social security number for the sponsor against who civil enforcement is sought. 

The commenter is correct that the number of Amerasians admitted in any given fiscal year is small.  However, the ability to seek civil enforcement of an affidavit of support is still in force and there are more than ten enforcement requests each year.  Thus, the provisions of the PRA still apply, and USCIS must still seek OMB clearance on this “low volume” form. As to disclosure of the social security number, USCIS concludes that this is not necessary.  The sponsor’s Form I-361 affidavit of support would, generally, be filed in the sponsored alien’s DHS A-file.  The sponsored alien’s alien registration number, therefore, would generally be sufficient to locate the affidavit of support. 

USCIS published a 30-day notice in the Federal Register on July 13, 2011, at 76 FR 41282 and has not received any comments to date.

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

3. There is no assurance of confidentiality. The system of record notice associated with this information collection is the Department of Homeland Security Freedom of Information Act and Privacy Act Records System, which was published in the Federal Register on October 29, 2009, at 74 FR 55572.

4. There are no questions of a sensitive nature.

5. Annual Reporting Burden:

1. Number of Annual Respondents 50

2. Number of Responses per Respondent 1

3. Total Annual Responses 50

4. Hours per Response 0.50

5. Total Annual Reporting Burden 25

Annual Reporting Burden

The annual reporting burden is 25. This figure was derived by multiplying the number of respondents (50) x (1) frequency of response x (0.50) (30 minutes) per response.

13. There are no capital or start-up costs associated with this information collection. Any cost burdens to respondents as a result of this information collection are identified in

Item 14.

14. Annualized Cost Analysis:

1. Printing Cost $ 10

2. Collection and Processing Cost $ 2,000

3. Total Cost to Program $ 2,010

4. Fee Charge $ 0

5. Total Cost to Government $ 2,010

Government Cost

The estimated cost of the program to the Government is $2,010. This figure is calculated by multiplying the estimated number of respondents (50) x (1) number of response x (1) hour (USCIS time required to collect and process information) x $40 (suggested average hourly rate for clerical, officer, and supervisory time with benefits). In addition, this figure includes the estimated overhead cost for printing, stocking, distributing and processing of this form which is $10.

Public Cost

The estimated annual burden cost is $747. This estimate is based on the number of respondents (50) x (1) number of responses x (0.50) (30 minutes) per response x $29.89 (average hourly rate).

14. There has been no increase or decrease in the estimated burden hours previously reported for this information collection. There has been no change in the data being collected.

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

16. USCIS will display the expiration date for this information collection on the form.

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

2. Collection of Information Employing Statistical Methods.

Not applicable.

C. 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.

_________________________ __________________

Sunday Aigbe Date

Chief

Regulatory Products Division,

Office of the Executive Secretariat,

U.S. Citizenship and Immigration Services,

Department of Homeland Security.

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