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 sponsor’s
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
sponsor’s 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 immigrant’s basic information, such as name and
address, the reason for the exemption, and accompanying
documentation in support of the immigrant’s 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.