Affidavit of Support Under Section 213A of the Act

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
Form I-864 Affidvit of Support Under Section 213A of the Act	Form	Modified	Available
Form I-864EZ Affidavit of Support Under Section 213A of the Act	Form	Modified	Repair queued
Form I-864A Affidavit of Support Under Section 213A of the Act	Form	Modified	Available
I-864 REV 30-day Public Comment Responses_85 FR 20292.pdf	Supplementary Document	Uploaded 2020-07-21	Available
I-864 REV 30-day FRN_04102020_85FR20292.pdf	Supplementary Document	Uploaded 2020-04-13	Available
I-864 60-day FRN 2019-10-15.pdf	Supplementary Document	Uploaded 2020-04-13	Available
I-864 REV 60-day Public Comment Responses_84 FR 55167.pdf	Supplementary Document	Uploaded 2020-04-13	Available
SORN 018 DHS_USCIS IBBC 20180731.pdf	Supplementary Document	Uploaded 2020-04-13	Available
privacy-pia-056-uscis-eliseappendixaupdate-may17,2016.pdf	Supplementary Document	Uploaded 2020-04-13	Available
I864A-005-INS-TOC-Rev-30Day-Rev-06222020.docx	Supplementary Document	Uploaded 2020-07-21	Available
I864A-005-FRM-TOC-Rev-30Day-Rev-06222020.docx	Supplementary Document	Uploaded 2020-07-21	Available
I864-005-FRM-TOC-30Day-Rev-06222020.docx	Supplementary Document	Uploaded 2020-07-21	Available
I864EZ-005-FRM-TOC-30Day-Rev-06222020.docx	Supplementary Document	Uploaded 2020-07-21	Available
I864-005-INS-30Day-Rev-06222020.pdf	Supplementary Document	Uploaded 2020-07-21	Available
I864EZ-005-INS-TOC-30Day-Rev-06222020.docx	Supplementary Document	Uploaded 2020-07-21	Available
I-864-005-REV-Supporting Statement_Final.docx	Supporting Statement A	Uploaded 2020-07-21	Available
privacy-pia-016a-uscis-claims3-march25,2016.pdf	Supplementary Document	Uploaded 2017-05-16	Available
SORN 007 Benefits Info Sys 2016 10 19.pdf	Supplementary Document	Uploaded 2017-06-27	Available
SORN 001 AFileIndexNFTS 2013 11 21.html	Supplementary Document	Uploaded 2017-05-16	Available
71 FR 35732, 35739.doc	Supplementary Document	Uploaded 2017-05-16	Available
Dep of State Foreign Affairs Manual Volume 9-Visas.pdf	Supplementary Document	Uploaded 2017-05-16	Available
USCIS memo (Consolidation of Policy of USCIS Form I-864).pdf	Supplementary Document	Uploaded 2017-05-16	Available
Section 213A.doc	Supplementary Document	Uploaded 2017-05-16	Available

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
41275	Affidvit of Support Under Section 213A of the Act	Form	Modified
204186	Affidavit of Support Under Section 213A of the Act	Form	Modified
204184	Affidavit of Support Under Section 213A of the Act	Form	Modified

ICR Details

OMB Control No: 1615-0075	ICR Reference No: 202004-1615-002
Status: Historical Inactive	Previous ICR Reference No: 201907-1615-016
Agency/Subagency: DHS/USCIS	Agency Tracking No: I-864
Title: Affidavit of Support Under Section 213A of the Act
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Withdrawn and continue	Conclusion Date: 08/06/2020
	Date Received in OIRA: 04/17/2020
Terms of Clearance: 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.

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	10/31/2021	36 Months From Approved	10/31/2021
Responses	769,145	0	769,145
Time Burden (Hours)	3,347,720	0	3,347,720
Cost Burden (Dollars)	135,569,525	0	135,569,525

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Abstract: 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.

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Authorizing Statute(s): US Code: 8 USC 1183a Name of Law: Immigration Nationality Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	84 FR 55167	10/15/2019
30-day Notice:	Federal Register Citation:	Citation Date:
	85 FR 20292	04/10/2020
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 3

table that charts list of burden

IC Title	Form No.	Form Name
Affidvit of Support Under Section 213A of the Act	I-864	Affidavit of Support Under Section 213A of the INA
Affidavit of Support Under Section 213A of the Act	I-864EZ	Affiavit of Support of Support Under Section 213A of the Act
Affidavit of Support Under Section 213A of the Act	I-864A	Contract Between Sponsor and Household Member

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Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: 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.

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Annual Cost to Federal Government: $25,380,255

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     Yes

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     Yes

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

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Common Form ICR:  No

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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:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(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;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

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.

Certification Date: 04/17/2020

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