The agency is
withdrawing this submission in order to update the baseline of the
form on an emergency basis to comply with the injunction on the
agency's public charge final rule.
Inventory as of this Action
Requested
Previously Approved
10/31/2021
36 Months From Approved
10/31/2021
769,145
0
769,145
3,347,720
0
3,347,720
135,569,525
0
135,569,525
Form I-864. USCIS uses the data
collected on Form I-864 to determine whether the sponsor has the
means to support the sponsored alien as set forth in section 213A
of the INA (8 USC 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 USC
1183a), and ensures that basic information required to assess
eligibility is provided by sponsors. Form I-864A. 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). . Form
I-864EZ. 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.
US Code:
8
USC 1183a Name of Law: Immigration Nationality Act
USCIS has made substantive
changes to Form I-864 and Form I-864EZ to include collection of
bank account information from sponsors, information about
previously submitted Affidavit of Supports, and optional submission
of a credit report as evidence. Language throughout the forms was
modified to ensure greater clarity regarding the sponsor’s
obligations, including the obligation to reimburse a Federal,
State, or local agency or nongovernmental entity that may grant
means-tested public benefits to the immigrant on whose behalf the
sponsor filed the form. USCIS 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. USCIS also made substantive changes to Form
I-864A to 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 sections 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-864A,
and Form I-864EZ be notarized prior to submission to the agency.
USCIS has made changes to the Instructions for Form I-864, Form
I-864A, and Form I-864EZ 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
added. Clarifications to the instructions for individual Item
Numbers on the form were also made. Additionally, USCIS updated
language in sections of the Instructions that are applicable across
most USCIS forms and therefore worded the same way. The full scope
of changes to each form and its corresponding Instructions can be
found in the Tables of Changes submitted as supporting
documentation with this information collection request.
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.
Form I-864 Affidvit of Support Under Section 213A of the Act
I-864 REV 30-day Public Comment Responses_85 FR 20292.pdf
I864A-005-INS-TOC-Rev-30Day-Rev-06222020.docx
SORN 001 AFileIndexNFTS 2013 11 21.html
71 FR 35732, 35739.doc
Affidvit of Support Under Section 213A of the Act