The information to be collected under
the PM will be used by USCIS to determine eligibility of
discretionary deferred action on a case-by-case basis, for certain
family members of military personnel who currently serve on active
duty or in the Selected Reserve of the Ready Reserve, military
personnel who previously served on active duty or in the Selected
Reserve of the Ready Reserve (who were not dishonorably discharged)
whether they are living or deceased, and Delayed Entry Program
(DEP) enlistees (as well as DEP enlistees themselves).
USCIS is requesting
emergency processing of the information collection request
contained in the November 23, 2016 PM. Emergency processing is
justified because significant public harm is reasonably likely to
result if USCIS were to seek public comment before the process is
implemented. First, USCIS and the DOD are building on existing
USCIS and DoD initiatives and policies designed to assist military
personnel, veterans, DEP enlistees, and their families in
navigating our immigration system, facilitate military morale and
readiness, support DOD recruitment policy, and ensure that those
serving in the military, veterans, and their families have access
to existing, discretionary options for which they are eligible.
Second, the collection is necessary to provide guidance on deferred
action for certain nonimmigrant and other alien recruits (including
enlistees in the Military Accessions Vital to the National Interest
(MAVNI) program) whose authorized periods of stay expire during the
enlistment process, including the time they are in the DEP. Third,
the PM provides guidance on deferred action for certain MAVNI and
other DEP enlistees’ family members who are present in the United
States without authorized periods of stay. And fourth, the PM
provides guidance on deferred action for certain military family
members who would be eligible for parole under the guidelines in
the 2013 PM but for the fact that they have already been
admitted.
The reduction in hour burden is
due to the elimination of the requirement for respondents to
various forms to submit a variant of the G-325 to USCIS along with
the main form. USCIS now requests approval for the G-325A to be
filed when consideration for discretionary action. There are no
changes to the form G-325A.
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:
(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;
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.