N-565 Supp Statement 7-17-2012

N-565 Supp Statement 7-17-2012.doc

Application for Replacement Naturalization/Citizenship Document

OMB: 1615-0091

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SUPPORTING STATEMENT

Application for Replacement Naturalization/Citizenship Document

Form N-565

OMB No. 1615-0091


A. Justification.


  1. Explain the circumstances that make the collection of information necessary. Identify any legal or administrative requirements that necessitate the collection. Attach a copy of the appropriate section of each statute and regulation mandating or authorizing the collection of information.


Section 343(a) of the Immigration and Nationality Act (INA) provides that if any certificate of naturalization or citizenship issued to any citizen or any declaration of intention furnished to any declarant is lost, mutilated, or destroyed, the citizen or declarant may make application to the Secretary of Homeland Security for a new certificate or declaration. The Form N-565 is used to apply for a replacement of a Declaration of Intention, Naturalization Certificate, Certificate of Citizenship or Repatriation Certificate, or to apply for a special certificate of naturalization as a United States citizen to be recognized by a foreign country.


  1. Indicate how, by whom, and for what purpose the information is to be used. Except for a new collection, indicate the actual use the agency has made of the information received from the current collection.


The form is provided by U.S. Citizenship and Immigration Services (USCIS) to determine the applicant’s eligibility for a replacement document. An applicant may file for a replacement if he or she was issued one of the documents described above that was lost, mutilated or destroyed, or if the applicant’s name was changed by a marriage or by court order after the document was issued and now seeks a document in the new name. If the applicant is a naturalized citizen who desires to obtain recognition as a citizen of the United States by a foreign country, he or she may apply for a special certificate for that purpose.


  1. Describe whether, and to what extent, the collection of information involves the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses, and the basis for the decision for adopting this means of collection. Also describe any consideration of using information technology to reduce burden.


The use of this form currently provides the most efficient means for collecting and processing the required data. USCIS provides this application to the public via the USCIS Internet Web site. This form can be downloaded, completed and saved electronically, but cannot be e-filed at this time. USCIS is currently in the process of reviewing all information collection activities via our business transformation initiative and working to allow for full electronic submission capabilities. Due to the large number of information collection activities and the limited resources available to apply to this process, there is currently no scheduled date for the conversion of this information collection process to be converted. As such, due to the partial GPEA compliance of allowing for accessing, completing and saving the form electronically, USCIS respectfully requests a minimum of a 2-year approval as we continue to move towards full GPEA compliance for all forms.

4. Describe efforts to identify duplication. Show specifically why any similar information already available cannot be used or modified for use for the purposes described in Item 2 above.

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


A review of USCIS’s Forms Inventory Report revealed no duplication of efforts. There is no other similar information currently available that can be used for this purpose.


5. If the collection of information impacts small businesses or other small entities (Item 5 of OMB Form 83-I), describe any methods used to minimize burden.

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


  1. Describe the consequence to Federal program or policy activities if the collection is not conducted or is conducted less frequently, as well as any technical or legal obstacles to reducing burden.


Without the Form N-565, USCIS could not provide applicants with a replacement of a Declaration of Intention, Naturalization Certificate, Certificate of Citizenship or Repatriation Certificate, or provide a special certificate of naturalization as a U.S. citizen to be recognized by a foreign country. If an applicant cannot show he or she is a U.S. citizen, they could be denied employment, the ability to petition for other relatives to immigrate to the U.S., and could be denied benefits under Welfare Reform due to their inability to provide evidence of their citizenship. Additionally, a citizen would be denied a U.S. passport for lack of a certificate of citizenship or naturalization.


  1. Explain any special circumstances that would cause an information collection to be conducted in a manner: requiring respondents to report information to the agency more often than quarterly; requiring respondents to prepare a written response to a collection of information in fewer than 30 days after receipt of it; requiring respondents to submit more than an original and two copies of any document; requiring respondents to retain records, other than health, medical, government contract, grant-in-aid, or tax records for more than three years; in connection with a statistical survey, that is not designed to produce valid and reliable results that can be generalized to the universe of study; requiring the use of a statistical data classification that has not been reviewed and approved by OMB; that includes a pledge of confidentiality that is not supported by authority established in statute or regulation, that is not supported by disclosure and data security policies that are consistent with the pledge, or which unnecessarily impedes sharing of data with other agencies for compatible confidential use; or requiring respondents to submit proprietary trade secret, or other confidential information unless the agency can demonstrate that it has instituted procedures to protect the information's confidentiality to the extent permitted by law.

There are no special circumstances applicable to this information collection.


  1. If applicable, provide a copy and identify the data and page number of publication in the Federal Register of the agency's notice, required by 5 CFR 1320.8(d), soliciting comments on the information collection prior to submission to OMB. Summarize public comments received in response to that notice and describe actions taken by the agency in response to these comments. Specifically address comments received on cost and hour burden. Describe efforts to consult with persons outside the agency to obtain their views on the availability of data, frequency of collection, the clarity of instructions and recordkeeping, disclosure, or reporting format (if any), and on the data elements to be recorded, disclosed, or reported. Consultation with representatives of those from whom information is to be obtained or those who must compile records should occur at least once every 3 years -- even if the collection of information activity is the same as in prior periods. There may be circumstances that may preclude consultation in a specific situation. These circumstances should be explained.

By notice in the Federal Register on March 27, 2012, at 77 FR 18255, USCIS notified the public that it was extending this information collection. The notice allowed for a 60-day public comment period, and USCIS did not receive any comments.


USCIS published a 30-day notice in the Federal Register on June 11, at 77 FR 34398. USCIS received one comment to date. Below is a summary of the comment and USCIS’ response.


The commenter expresses frustration at alleged fraudulent sales of immigration documents by legal immigrants, who claim their immigration documents are lost and apply to USCIS for a replacement, but instead, sells them in the black market to illegal immigrants.  The commenter wants increased security and tracking measures prior to issuance of replacement documents. 


USCIS Response:  USCIS considers background and security checks of all applicants/petitioners of vital importance prior to the granting of any immigration benefit.  Cards and certificates issued by USCIS incorporate the latest secure photo and/or biometric enhancements.  Any sale or transference of a government-issued document to anyone who is not the intended recipient is a criminal offense and will be handled appropriately by a law enforcement agency.  Anyone who has specific evidence of immigration-related fraud is encouraged to report it to Immigration and Customs Enforcement (ICE).



  1. Explain any decision to provide any payment or gift to respondents, other than remuneration of contractors or grantees.


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


10. Describe any assurance of confidentiality provided to respondents and the basis for the assurance in statute, regulation, or agency policy.


There is no assurance of confidentiality. The system of records notice for this information collection is USCIS Benefits Information System published in the Federal Register on September 29, 2008 at 73 FR 56596. The related privacy impact assessment is USCIS Benefits Processing of Applicants other than Petitions for Naturalization, Refugee Status, and Asylum, dated September 5, 2008.


11. Provide additional justification for any questions of a sensitive nature, such as sexual behavior and attitudes, religious beliefs, and other matters that are commonly considered private. This justification should include the reasons why the agency considers the questions necessary, the specific uses to be made of the information, the explanation to be given to person’s form whom the information is requested, and any steps to be taken to obtain their consent.


There are no questions of a sensitive nature.


12. Provide estimates of the hour burden of the collection of information.

Type of Respondent

Form Name / Form Number

No. of Respondents

No. of Responses per Respondent

Avg. Burden per Response (in hours)

Total Annual Burden (in hours)

Avg. Hourly Wage Rate

Total Annual Respondent Cost

Individuals or households 

Application for Replacement Naturalization/Citizenship Document

/ N-565

 

29,298

1

55 minutes (.916 hours)

26,836

*$30.44

$816,888

Total

 

29,298

 


26,836 

 

 $816,888



*The wage rate category of “All Occupations” has been used for this collection of information. The mean wage for this occupation category as listed by the Bureau of Labor Statistics is $21.74 and adding the wage rate multiplier of 1.4 provides a total adjusted wage rate of $30.44.


13. Provide an estimate of the total annual cost burden to respondents or record keepers resulting

from the collection of information. (Do not include the cost of any hour burden shown in Items 12 and 14).


There are no capital or start-up costs associated with this information collection. For informational purposes, there is a fee charge of $345 associated with the filing of this information collection.


14. Provide estimates of annualized cost to the Federal government. Also, provide a description of

the method used to estimate cost, which should include quantification of hours, operational

expenses (such as equipment, overhead, printing, and support staff), and any other expense that

would not have been incurred without this collection of information. Agencies also may aggregate cost estimates from Items 12, 13, and 14 in a single table.


Annualized Cost Analysis:

Printing Cost $ 8,124

Collecting and Processing $ 10,099,686

Total Annual Cost to the Government $ 10,107,810


Government Cost

The estimated cost of the program to the Government is calculated by using the estimated number of respondents 29,298 x $345 fee charge (which includes the suggested average hourly rate for clerical, officer, and managerial time with benefits). In addition, this figure includes the estimated overhead cost for printing, stocking, distributing and processing of this form.


  1. Explain the reasons for any program changes or adjustments reporting in Items 13 or 14 of the OMB Form 83-I.

Please note that the previously reported cost for instrument of $10,107,810 has been removed as this figure did not belong here.  The cost was based upon a fee charge, which is now noted for informational purposes in question 13 above.


There is no change to the information being collected.  There is no change to the annual burden hours associated with this collection.


  1. For collections of information whose results will be published, outline plans for tabulation, and publication. Address any complex analytical techniques that will be used. Provide the time schedule for the entire project, including beginning and ending dates of the collection of information, completion of report, publication dates, and other actions.


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


  1. If seeking approval to not display the expiration date for OMB approval of the information collection, explain the reasons that display would be inappropriate.


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


  1. Explain each exception to the certification statement identified in Item 19, "Certification for Paperwork Reduction Act Submission," of OMB 83-I.


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


B. Collection of Information Employing Statistical Methods. Not Applicable.


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File Typeapplication/msword
File TitleSUPPORTING STATEMENT
AuthorLeslie and Andrea
Last Modified ByHagigal, Evadne J
File Modified2012-07-19
File Created2012-07-19

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