USCIS uses the data collected on Form I-864 to determine whether the sponsor has the ability to support the sponsored alien under section 213A of the Immigration and Nationality Act. This form standardizes evaluation of a sponsorâs ability to support the sponsored alien and ensures that basic information required to assess eligibility is provided by petitioners.
Form I-864A is a contract between the sponsor and the sponsorâs household members. It is only required if the sponsor used the income of his or her household members to reach the required 125 percent of the Federal poverty guidelines. The contract holds these household members jointly and severally liable for the support of the sponsored immigrant. The information collection required on Form I-864A is necessary for public benefit agencies to enforce the Affidavit of Support in the event the sponsor used income of his or her household members to reach the required income level and the public benefit agencies are requesting reimbursement from the sponsor.
USCIS uses Form I-864EZ in exactly the same way as Form I-864; however, less information is collected from the sponsors as less information is needed from those who qualify in order to make a thorough adjudication.
USCIS uses Form I-864W to determine whether the intending immigrant meets the criteria for exemption of section 213A requirements. This form collects the immigrantâs basic information, such as name and address, the reason for the exemption, and accompanying documentation in support of the immigrantâs claim that they are not subject to section 213A.
On Wednesday, July 29, 2020, DHS was enjoined by the U.S. District Court for the Southern District of New York from enforcing, applying, implementing, or treating as effective the Public Charge Final Rule, which was implemented on February 24, 2020. USCIS has been advised by the U.S. Department of Justice that the nationwide injunction covers the use of this information collection instrument approved with the Public Charge Final Rule. In light of the injunction, USCIS will need to revise this form to remove the information collection elements added pursuant to the Public Charge Final Rule.
US Code:
8 USC 1183a
Name of Law: Immigration Nationality Act
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
Public Charge Emergency Memo Final v4.pdf
I864EZ-INS-TOC-PCINJrollback-08062020.docx
SORN 001 AFileIndexNFTS 2013 11 21.html
71 FR 35732, 35739.doc
Affidvit of Support Under Section 213A of the Act