I-601a Ext Ss

SUPPORTING STATEMENT FOR
APPLICATION FOR PROVISIONAL UNLAWFUL PRESENCE WAIVER OF
INADMISSIBILITY
OMB Control No.: 1615-0123
COLLECTION INSTRUMENT(S): FORM I-601A
A.

Justification

1.

Explain the circumstances that make the collection of information necessary.
Identify any legal or administrative requirements that necessitate the collection.
Attach a copy of the appropriate section of each statute and regulation mandating
or authorizing the collection of information.
Section 212(a)(9)(B)(i)(I) and (II) of the Immigration and Nationality Act (INA or the
Act) provides for the inadmissibility of certain individuals who have accrued unlawful
presence in the United States. There is also a waiver provision incorporated into section
212(a)(9)(B)(v) of the Act, which allows the Secretary of Homeland Security to exercise
discretion to waive the unlawful presence grounds of inadmissibility on a case by case
basis.
On March 3, 2013, USCIS implemented the provisional unlawful presence waiver
process codified at 8 CFR 212.7(e), which allows certain immediate relatives of U.S.
citizens to obtain a provisional waiver of the unlawful presence ground of inadmissibility
prior to departing the United States to attend the immigrant visa interview abroad. See
Provisional Unlawful Presence Waivers of Inadmissibility for Certain Immediate
Relatives, Final Rule, January 3, 2013, 78 FR 536. The information collected from an
applicant on an Application for Provisional Unlawful Presence Waiver of Inadmissibility,
Form I-601A, is necessary for U.S. Citizenship and Immigration Services (USCIS) to
determine not only whether the applicant meets the requirements to participate in the
streamlined waiver process provided by regulation, but also whether the applicant is
eligible to receive the provisional unlawful presence waiver.

2.

Indicate how, by whom, and for what purpose the information is to be used. Except
for a new collection, indicate the actual use the agency has made of the information
received from the current collection.
Form I-601A is used by certain immediate relatives of U.S. citizens to request a
provisional waiver of the unlawful presence grounds of inadmissibility under section
212(a)(9)(B)(v) of the Act and 8 CFR 212.7(e). An applicant can request this waiver
prior to departing the United States to appear at a U.S. Embassy or consulate for an
immigrant visa interview. USCIS will use the data collected on this form to determine
whether the applicant is eligible for a provisional waiver of the unlawful presence
grounds of inadmissibility under section 212(a)(9)(B)(v) of the Act. The form serves the
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purpose of standardizing the application; having the form also ensures that applicants
provide the necessary information required for USCIS to assess their eligibility to
participate in the new, streamlined waiver process and their eligibility for the waiver
itself.
USCIS is submitting this revision request because DHS is proposing to expand the
provisional unlawful presence waiver program to include all individuals who are
statutorily eligible for an immigrant visa and who are relatives of U.S. citizens and LPRs
regardless of the type of immigrant category upon which they seek to immigrate. DHS is
also proposing to allow an applicant to show that his or her LPR spouses or parents, in
addition to U.S. citizen spouses or parents, may suffer extreme hardship if an applicant
were denied admission to the United States. Currently, the INA allows a showing of
extreme hardship either to the applicant’s U.S. citizen spouse or parent or to the LPR
spouse or parent. See INA 212(a)(9)(B)(v).
3.

Describe whether, and to what extent, the collection of information involves the use
of automated, electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic submission of
responses, and the basis for the decision for adopting this means of collection. Also
describe any consideration of using information technology to reduce burden.
The use of Form I-601A provides the most efficient means currently available for
collecting and processing the data required to determine whether the applicant qualifies
for a provisional waiver of the unlawful presence grounds of inadmissibility under
section 212(a)(9)(B)(v) of the Act. This form will reside on the USCIS Web site
(www.uscis.gov) but the public will not be able to immediately submit it electronically at
this time. The public, however, will be able to complete a fillable PDF version of the
form and save it, but it still must be mailed to USCIS.

4.

Describe efforts to identify duplication. Show specifically why any similar
information already available cannot be used or modified for use for the purposes
described in Item 2 above.
A review of USCIS Forms Inventory revealed no duplication of effort, and there is no
other similar information currently available which can be used for this purpose.
•

Filings: According to DHS’ proposal, applicants can apply for a provisional unlawful
presence waiver based on an approved immigrant visa petition (Form I-130, Form I140, or I-360) or based on selection by the Department of State (DOS) to participate
in the Diversity Visa (DV) Program. The rule would apply to the categories of aliens
who may be eligible to obtain a provisional unlawful presence waiver. Applicants in
removal proceedings continue to qualify if their cases have been administratively
closed and not re-calendared before the filing of the Form I-601A. Applicants who
withdraw a pending Form I-601A before final adjudication or for whom USCIS
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denies the request for a provisional unlawful presence waiver can file a new Form I601A based on the same immediate relative petition. However, applicants can only
file a new Form I-601A after withdrawal or denial and only if their immigrant visa
cases are still pending with DOS and they have notified DOS of their intent to file a
new Form I-601A.
5.

If the collection of information impacts small businesses or other small entities (Item
5 of OMB Form 83-I), describe any methods used to minimize burden.
This collection of information does not have an impact on small businesses or other small
entities.

6.

Describe the consequence to Federal program or policy activities if the collection is
not conducted or is conducted less frequently, as well as any technical or legal
obstacles to reducing burden.
The collection instrument submitted under this request is submitted on an “as needed”
basis in connection with an immigration benefit request. The information provided must
be current, thus previously submitted data cannot be used. If the information is not
collected, USCIS will not be able to fulfill its core mission of providing immigration
benefit and information services while ensuring the integrity of the immigration system.
USCIS would not be able to properly assess the alien's eligibility for the requested
provisional waiver of the unlawful presence grounds of inadmissibility under section
212(a)(9)(B) of the Act and, as a result, the applicant’s request will not be accurately
adjudicated.

7.

Explain any special circumstances that would cause an information collection to be
conducted in a manner:
•

Requiring respondents to report information to the agency more often than
quarterly;

•

Requiring respondents to prepare a written response to a collection of
information in fewer than 30 days after receipt of it;

•

Requiring respondents to submit more than an original and two copies of any
document;

•

Requiring respondents to retain records, other than health, medical, government
contract, grant-in-aid, or tax records for more than three years;

•

In connection with a statistical survey, that is not designed to produce valid and
reliable results that can be generalized to the universe of study;
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•

Requiring the use of a statistical data classification that has not been reviewed
and approved by OMB;

•

That includes a pledge of confidentiality that is not supported by authority
established in statute or regulation, that is not supported by disclosure and data
security policies that are consistent with the pledge, or which unnecessarily
impedes sharing of data with other agencies for compatible confidential use; or

•

Requiring respondents to submit proprietary trade secret, or other confidential
information unless the agency can demonstrate that it has instituted procedures
to protect the information's confidentiality to the extent permitted by law.

This information collection is conducted in a manner consistent with the guidelines in 5
CFR 1320.5(d)(2).
8.

If applicable, provide a copy and identify the data and page number of publication
in the Federal Register of the agency’s notice, required by 5 CFR 1320.8(d),
soliciting comments on the information collection prior to submission to OMB.
Summarize public comments received in response to that notice and describe
actions taken by the agency in response to these comments. Specifically address
comments received on cost and hour burden.
Describe efforts to consult with persons outside the agency to obtain their views on
the availability of data, frequency of collection, the clarity of instructions and
recordkeeping, disclosure, or reporting format (if any), and on the data elements to
be recorded, disclosed, or reported.
Consultation with representatives of those from whom information is to be obtained
or those who must compile records should occur at least once every 3 years - even if
the collection of information activity is the same as in prior periods. There may be
circumstances that may preclude consultation in a specific situation. These
circumstances should be explained.
On December 23, 2020, USCIS published a 60-day notice in the Federal Register at 85
FR 83987. USCIS received one comment after publishing that notice. The comment
received was not germane to the information collection. No changes to the information
collection were made in response to this comment.
On February 26, 2021, USCIS published a 30-day notice in the Federal Register at 86 FR
11791. USCIS did receive 1comment that requested no changes to the form or
instruction.

9.

Explain any decision to provide any payment or gift to respondents, other than
remuneration of contractors or grantees.
4

USCIS does not provide payments or gifts to respondents in exchange for an immigration
benefit sought by the respondent.
10.

Describe any assurance of confidentiality provided to respondents and the basis for
the assurance in statute, regulation or agency policy.
There is no assurance of confidentiality.
The system of record notice associated with this information collection are:
o DHS/USCIS/ICE/CBP-001 Alien File, Index, and National File Tracking System
of Records, September 18, 2017, 82 FR 43556.
o DHS/USCIS-007 Benefits Information System, October 19, 2016 81 FR 72069.
The associated Privacy Impact Assessment is:
o DHS/USCIS/PIA-016(a) Computer Linked Application Information Management
System (CLAIMS 3) and Associated Systems.

11.

Provide additional justification for any questions of a sensitive nature, such as
sexual behavior and attitudes, religious beliefs, and other matters that are
commonly considered private. This justification should include the reasons why the
agency considers the questions necessary, the specific uses to be made of the
information, the explanation to be given to persons from whom the information is
requested, and any steps to be taken to obtain their consent.
This information collection contains questions that are of a sensitive nature. Respondents
must provide information regarding previous immigration and criminal history. The
sensitive questions are necessary for USCIS to determine whether applicants are eligible
for a provisional unlawful presence waiver as a matter of discretion. In order to grant the
waiver as a matter of discretion, USCIS must weigh both positive and negative factors.
USCIS will review affirmative answers for these questions and the applicants’
descriptions of the events that led to the creation of an immigration or criminal history
record to determine whether those factors are significant enough to negatively affect the
applicant’s eligibility for the provisional waiver. USCIS obtains the consent of
applicants to this required information on page 5 of Form I-601A, which USCIS instructs
applicants to read prior to signing the Form I-601A on the same page.
Below is a list of those specific sensitive questions and their needs:
27. Are you currently in removal, exclusion, or deportation proceedings in which there is
no final order issued by the immigration judge, the Board of Immigration Appeals, a
5

DHS officer, or a Federal court yet? (This includes proceedings under INA section 239,
an exclusion or deportation proceeding initiated before April 1,1997, a Visa Waiver
Program removal proceeding under INA section 217, expedited removal under INA 235,
and a request for a judicial removal order under INA section 238(c))?
[ ] Yes / No
If you answered “Yes” to Item Number 27., go to Item Number 29.a. If you answered
“Yes” to Item Number 27., select the statement below (either Item Number 28.a. or
28.b.) that most accurately describes your current situation.
JUSTIFICATION: This question is needed to determine whether the individual
qualifies for the provisional unlawful presence waiver. An individual who is in removal
proceeding is generally not eligible to seek a provisional unlawful presence waiver unless
he or she can demonstrate that his or her removal proceedings have been administratively
closed and not re-calendared by the Executive Office for Immigration Review (EOIR)
prior to filing of the Form I-601A.
28.a. I am in removal, exclusion, or deportation proceedings that are administratively
closed and, at the time of filing my Form I-601A, have not been placed back on EOIR’s
calendar to continue my removal, exclusion, or deportation proceedings.
Note: You may be eligible for a provisional unlawful presence waiver. Provide a
copy of the administrative closure order. Also, if U.S. Citizenship and
Immigration Services (USCIS) approves your provisional unlawful presence
waiver, you should seek termination or dismissal of your removal, exclusion, or
deportation proceedings before you depart the United States for your immigrant
visa interview.
28.b. I am currently in removal, exclusion, or deportation proceedings that are not
administratively closed, or in removal, exclusion, or deportation proceedings that were
administratively closed, but EOIR has placed my proceedings back on its calendar in
order to continue them.
Note: You are ineligible for a provisional unlawful presence waiver unless your
proceedings are administratively closed at the time you file your Form I-601A,
and the proceedings have not been put back on EOIR’s calendar to continue your
removal, exclusion, or deportation after having been previously administratively
closed.
JUSTIFICATION for Item Numbers 28.a. – 28.e.: These related questions are needed
to determine whether the individual qualifies for the provisional unlawful presence
waiver. An individual who is in removal proceeding is generally not eligible to seek a
provisional unlawful presence waiver unless he or she can demonstrate that his or her
removal proceedings have been administratively closed and not recalendared by EOIR
6

prior to filing of the Form I-601A.
29.a. Are you currently subject to a final order of removal, exclusion or deportation?
(This includes an order entered in proceedings under INA section 239, an exclusion or
deportation order entered in proceedings initiated before April 1, 1997, a Visa Waiver
Program removal order under INA section 217, an expedited removal order under INA
section 235, and a judicial order under INA section 238(c))?
[ ] Yes / No
Note: If you answered “Yes” to Item Number 29.a., you are ineligible for a
provisional unlawful presence waiver unless you applied for, and USCIS has
already approved, an application for permission to reapply for admission under
INA section 212(a)(9)(A)(iii) and 8 CFR 212.2 on Form I-212, Application for
Permission to Reapply for Admission into the United States after Deportation or
Removal. If you have already applied for and if USCIS has already granted you
permission to reapply for admission, provide the relevant information in Item
Number 29.b. If you answered “No” to Item Number 29.a., go to Item Number
31.
29.b. [ ] USCIS Receipt Number for Your Approved Form I-212: _________________
Note: You may also provide a copy of the approval notice that USCIS sent to you
when it approved your Form I-212.
JUSTIFICATION for Item Numbers 29.a. – 29.b.: These related questions are needed
to determine whether the individual who is subject to a final order of removal, exclusion
or deportation is eligible for the provisional unlawful presence waiver. An individual
subject to a final order of removal, exclusion, or deportation is ineligible for a provisional
unlawful presence waiver unless the individual applies for, and USCIS has already
granted an application for permission to reply for admission under INA 212(a)(9)(A)(iii).
30.a. Has DHS served you with a DHS Form I-871, giving you notice that DHS intends
to reinstate a prior deportation, exclusion, or removal order against you as permitted
under INA section 241(a)(5)?
[ ] Yes / No
30.b. If you answered “Yes” to Item Number 30.a., has DHS served you with a final
decision reinstating a prior deportation, exclusion, or removal order under INA section
241(a)(5)?
[ ] Yes / No
JUSTIFICATION for Item Numbers 30.a. – 30.b.: These related questions are needed
to determine whether the individual who may be subject to reinstatement proceedings is
7

eligible for a provisional waiver. An individual is ineligible for a provisional waiver if
the prior order of deportation, exclusion, or removal is reinstated.
31. Are you currently subject to a grant of voluntary departure that has not expired and
that was granted to you by the immigration judge or the Board of Immigration Appeals
during removal, exclusion, or deportation proceedings?
[ ] Yes / No
Note: If you answered “Yes” to Item Number 31., you are ineligible for a
provisional unlawful presence waiver.
If you were granted voluntary departure in the past, but then you withdrew your
voluntary departure request or otherwise terminated voluntary departure, you
should not select “Yes” to Item Number 31. In this case you may be in removal
proceedings or you may be the subject of a final order of removal, deportation, or
exclusion. You should select the statements that apply to you in Item Numbers
27. – 28.b. or Item Numbers 29.a. If you filed a motion to withdraw your
voluntary departure request, please submit a copy with your Form I-601A.
JUSTIFICATION for Item Number 31: This related question is needed to determine
whether the individual is eligible for a provisional unlawful presence waiver because the
individual is not currently the subject of an unexpired grant of voluntary departure from
the immigration judge or the BIA. If an individual is subject to an unexpired grant of
voluntary departure, the individual is not eligible for a provisional unlawful presence
waiver. If the individual was granted voluntary departure but the departure period
expired or the individual filed a motion, the individual may be subject to a final order of
removal or in active removal proceedings. Depending on the scenario, the individual
may be eligible for a provisional unlawful presence waiver.
Answer Item Numbers 32. – 38. If you answer “Yes” to any question in Item Numbers
32. – 38., you may be denied as a matter of discretion. For each “Yes” response for Item
Number 32. – 38., provide the location and date of the event and a brief description in
Part 9. Additional Information. For Item Number 34. if you were not charged with any
crime or offense, provide a statement or other documentation from the arresting
authority or prosecutor’s office to show that you were not charged with any crime or
offense. If you answer “Yes” to Item Number 35., you must provide all related court
dispositions.
32 Have you EVER knowingly and willfully given false or misleading information to a
U.S. Government official while applying for an immigration benefit or to gain entry or
admission into the United States?
JUSTIFICATION: This question is required because an affirmative answer may render
an applicant ineligible for a provisional unlawful presence waiver and result in denial of
8

the Form I-601A as a matter of discretion. Without this question, we would not be able
to properly identify all applicants who fall into this category of aliens who may be
ineligible for a provisional unlawful presence waiver.
33. Have you ever been engaged in alien smuggling?
JUSTIFICATION: This question is required because an affirmative answer may render
an applicant ineligible for a provisional unlawful presence waiver and result in denial of
the Form I-601A as a matter of discretion. Without this question, we would not be able
to properly identify all applicants who fall into this category of aliens who may be
ineligible for a provisional unlawful presence waiver.
34. Have you EVER been arrested, cited, or detained by a law enforcement officer
(including immigration and military officers) in the United States, your home country,
and/or any other country for any reason other than traffic violation?
JUSTIFICATION: This question is required because an affirmative answer may render
an applicant ineligible for a provisional unlawful presence waiver and result in denial of
the Form I-601A as a matter of discretion. Without this question, we would not be able
to properly identify all applicants who fall into this category of aliens who may be
ineligible for a provisional unlawful presence waiver.
35. Have you EVER been charged, indicted, convicted, imprisoned or jailed in the
United States, your home country, and/or any other country for any crime or offense?
JUSTIFICATION: This question is required because an affirmative answer may render
an applicant ineligible for a provisional unlawful presence waiver and result in denial of
the Form I-601A as a matter of discretion. Without this question, we would not be able
to properly identify all applicants who fall into this category of aliens who may be
ineligible for a provisional unlawful presence waiver.
36. Have you EVER trafficked in or are you NOW trafficking in any controlled
substance?
JUSTIFICATION: This question is required because an affirmative answer may render
an applicant ineligible for a provisional unlawful presence waiver and result in denial of
the Form I-601A as a matter of discretion. Without this question, we would not be able
to properly identify all applicants who fall into this category of aliens who may be
ineligible for a provisional unlawful presence waiver.
37. Are you NOW or have you EVER knowingly assisted, abetted, conspired, or
colluded with others in the unlawful trafficking of any controlled substance?
JUSTIFICATION: This question is required because an affirmative answer may render
an applicant ineligible for a provisional unlawful presence waiver and result in denial of
9

the Form I-601A as a matter of discretion. Without this question, we would not be able
to properly identify all applicants who fall into this category of aliens who may be
ineligible for a provisional unlawful presence waiver.
38. Are you NOW or have you EVER been engaged in prostitution?
JUSTIFICATION: This question is required because an affirmative answer may render
an applicant ineligible for a provisional unlawful presence waiver and result in denial of
the Form I-601A as a matter of discretion. Without this question, we would not be able
to properly identify all applicants who fall into this category of aliens who may be
ineligible for a provisional unlawful presence waiver.
Answer Item Numbers 39.a. – 45. If you answer “Yes” to any question in Item Numbers
39.a. – 45., you may be ineligible for a provisional unlawful presence waiver as a matter
of discretion. For each “Yes” response for Item Numbers 39.a. – 45., provide a
complete explanation in Part 9. Additional Information.
Have you EVER ordered, incited, called for, committed, assisted, helped with, or
otherwise participated in any of the following:
39.a. Acts involving torture, genocide, or human trafficking?
39.b. Killing any person?
39.c. Intentionally and severely injuring any person?
39.d. Engaging in any kind of sexual contact or relations with any person who was being
forced to participate or through use of threat?
39.e. Limiting or denying any person’s ability to exercise religious beliefs?
JUSTIFICATION: These questions are required because an affirmative answer may
render applicant ineligible for a provisional unlawful presence waiver and result in denial
of the Form I-601A as a matter of discretion. Without this question, we would not be
able to properly identify all applicants who fall into this category of aliens who may be
ineligible for a provisional unlawful presence waiver.
Have you EVER:
40.a. Served in, been a member of, assisted in, or participated in any military unit,
paramilitary unit, police unit, self-defense unit, vigilante unit, rebel group, guerilla
group, militia, or insurgent organization?
40.b. Served in any prison, jail, prison camp, detention facility, labor camp, or any other
10

situation that involves detaining persons?
JUSTIFICATION: These questions are required because an affirmative answer may
render applicant ineligible for a provisional unlawful presence waiver and result in denial
of the Form I-601A as a matter of discretion. Without this question, we would not be
able to properly identify all applicants who fall into this category of aliens who may be
ineligible for a provisional unlawful presence waiver.
41. Have you EVER been a member of, assisted in, or participated in any group, unit, or
organization of any kind that used or threatened to use any type of weapon against any
person?
JUSTIFICATION: This question is required because an affirmative answer may render
applicant ineligible for a provisional unlawful presence waiver and result in denial of the
Form I-601A as a matter of discretion. Without this question, we would not be able to
properly identify all applicants who fall into this category of aliens who may be ineligible
for a provisional unlawful presence waiver.
42. Have you EVER assisted or participated in selling, providing, or transporting
weapons to any person who to your knowledge, used them against another person?
JUSTIFICATION: This question is required because an affirmative answer may render
applicant ineligible for a provisional unlawful presence waiver and result in denial of the
Form I-601A as a matter of discretion. Without this question, we would not be able to
properly identify all applicants who fall into this category of aliens who may be ineligible
for a provisional unlawful presence waiver.
43. Have you EVER received any type of military, paramilitary, or weapons training?
JUSTIFICATION: This question is required because an affirmative answer may render
applicant ineligible for a provisional unlawful presence waiver and result in denial of the
Form I-601A as a matter of discretion. Without this question, we would not be able to
properly identify all applicants who fall into this category of aliens who may be ineligible
for a provisional unlawful presence waiver.
44. Have you EVER recruited, enlisted, conscripted, or used any person under 15 years
of age to serve in or help an armed force or group?
JUSTIFICATION: This question is required because an affirmative answer may render
applicant ineligible for a provisional unlawful presence waiver and result in denial of the
Form I-601A as a matter of discretion. Without this question, we would not be able to
properly identify all applicants who fall into this category of aliens who may be ineligible
for a provisional unlawful presence waiver.
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45. Have you EVER used any person under 15 years of age to take part in hostilities or
to help or provide services to people in combat?
JUSTIFICATION: This question is required because an affirmative answer may render
applicant ineligible for a provisional unlawful presence waiver and result in denial of the
Form I-601A as a matter of discretion. Without this question, we would not be able to
properly identify all applicants who fall into this category of aliens who may be ineligible
for a provisional unlawful presence waiver.
12.

Provide estimates of the hour burden of the collection of information. The
statement should:
•

Indicate the number of respondents, frequency of response, annual hour burden,
and an explanation of how the burden was estimated. Unless directed to do so,
agencies should not conduct special surveys to obtain information on which to
base hour burden estimates. Consultation with a sample (fewer than 10) of
potential respondents is desirable. If the hour burden on respondents is
expected to vary widely because of differences in activity, size, or complexity,
show the range of estimated hour burden, and explain the reasons for the
variance. Generally, estimates should not include burden hours for customary
and usual business practices.

•

If this request for approval covers more than one form, provide separate hour
burden estimates for each form and aggregate the hour burdens in Item 13 of
OMB Form 83-I.

•

Provide estimates of annualized cost to respondents for the hour burdens for
collections of information, identifying and using appropriate wage rate
categories. The cost of contracting out or paying outside parties for information
collection activities should not be included here. Instead, this cost should be
included in Item 14.

12

Type of
Respondent

Individuals
or
Households

Individuals
or
Households
Total

Form
Name /
Form
Number

#. of
Respondents

# of
Responses

Avg.
Burden
per
Response
(in hours)

Total
Annual
Burden
(in
hours)

Avg.
Hourly
Wage
Rate*

Total
Annual
Respondent
Cost

Application
for
Provisional
Waiver of
Inadmissibi
lity, Form
I-601A

#. of
Responses
per
Respondent

63,000

1

63,000

1.5

94,500

$10.59

$1,000,755

Biometrics
Processing

63,000

1

63,000

1.17

73,710

$10.59

$780,589

126,000

168,210

$1,781,344

* The above Average Hourly Wage Rate is derived from the current Federal minimum wage rate of $7.25
per hour inflated by 1.46 to account for the full cost of employee benefits (such as paid leave, insurance,
and retirement), which results in a time value of $10.59 per hour. Sources: Federal minimum wage
information gathered from the U.S. Department of Labor, Wage and Hour Division, available at
http://www.dol.gov/dol/topic/wages/minimumwage.htm (last accessed December 18. 2017).

13.

Provide an estimate of the total annual cost burden to respondents or record
keepers resulting from the collection of information. (Do not include the cost of any
hour burden shown in Items 12 and 14).
•

The cost estimate should be split into two components: (a) a total capital and
start-up cost component (annualized over its expected useful life); and (b) a total
operation and maintenance and purchase of services component. The estimates
should take into account costs associated with generating, maintaining, and
disclosing or providing the information. Include descriptions of methods used to
estimate major cost factors including system and technology acquisition,
expected useful life of capital equipment, the discount rate(s), and the time
period over which costs will be incurred. Capital and start-up costs include,
among other items, preparations for collecting information such as purchasing
computers and software; monitoring, sampling, drilling and testing equipment;
and record storage facilities.

•

If cost estimates are expected to vary widely, agencies should present ranges of
cost burdens and explain the reasons for the variance. The cost of purchasing or
contracting out information collection services should be a part of this cost
burden estimate. In developing cost burden estimates, agencies may consult
13

with a sample of respondents (fewer than 10), utilize the 60-day pre-OMB
submission public comment process and use existing economic or regulatory
impact analysis associated with the rulemaking containing the information
collection, as appropriate.
•

Generally, estimates should not include purchases of equipment or services, or
portions thereof, made: (1) prior to October 1, 1995; (2) to achieve regulatory
compliance with requirements not associated with the information collection;
(3) for reasons other than to provide information or keep records for the
government; or, (4) as part of customary and usual business or private practices.
There is no cost burden to respondents for responding to this information collection
or for start-up, maintenance, and operating costs associated with completing the
paperwork. For informational purposes, there is a $630 application fee and an $85
biometric services fee associated with this information collection.
This information collection may impose some out-of-pocket costs on respondents in
addition to the time burden for the form’s preparation
1. Translations. Respondents might incur burden for translations of documents that
are in foreign languages. USCIS continues to evaluate the estimated costs
associated with these services. USCIS continues to seek comments on the
possible cost associated with this step of the process.
2. Preparers. Many respondents may hire third parties to complete this type of
request so there may be a cost for a preparer to assist in the form completion
process. USCIS estimates that approximately 31,500 Form I-601A respondents
hire attorneys who assist with these requests. The cost associated with these
services is estimated at $3,177,562. This is derived from number of respondents
(31,500) x 1.5 hours per response x $67.25 (BLS National Mean Hourly Wage
rate- https://www.bls.gov/oes/current/oes231011.htm.
3. Records. Many respondents may be required to provide, among other things,
expert opinions, records attesting to employment or business ties, such as payroll
records or tax statements; evidence of monthly expenditures such as mortgages,
rental agreements, bills and invoices; financial and medical records; membership
records; volunteering confirmations; evidence of cultural affiliations; birth,
marriage, adoption certificates, etc., to establish extreme hardship.
USCIS estimates that respondents will incur an estimated minimum postage cost
of $0.55 for each respondent to submit the completed package to USCIS. The
total estimated postage cost associated with this collection is $34,828.
The total estimated public cost associated with this type of request is $3,212,390.
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14.

Provide estimates of annualized cost to the Federal government. Also, provide a
description of the method used to estimate cost, which should include quantification
of hours, operational expenses (such as equipment, overhead, printing, and support
staff), and any other expense that would not have been incurred without this
collection of information. Agencies also may aggregate cost estimates from Items
12, 13, and 14 in a single table.
Annualized Cost Analysis:
a.
Collecting and Processing
b.
Total Cost to the Government

$
$

45,045,000
45,045,000

Government Cost
USCIS establishes its fees using an activity-based costing model to assign costs to an
adjudication based on its relative adjudication burden and use of USCIS resources. Fees
are established at an amount that is necessary to recover these assigned costs, plus an
amount to recover unassigned overhead (which includes the clerical, officer, and
managerial time with benefits) and immigration benefits provided for free. As a
consequence of USCIS immigration fees being based on resource expenditures related to
the benefit in question, USCIS uses the fee associated with an information collection as a
reasonable measure of the collection’s costs to USCIS. USCIS has established the fee for
Form I-601A at $630. The estimated cost of the program to USCIS is then calculated by
multiplying the estimated number of respondents by the fee and adding direct overhead
costs for forms management. The number of respondents, 63,000, x $630 fee and the $85
biometric services fee charge is $45,045,000 (total cost to the government).
15.

Explain the reasons for any program changes or adjustments reporting in Items 13
or 14 of the OMB Form 83-I.
There are no program changes or adjustments reported in Items 13 or 14 of the OMB
Form 83-I.

16.

For collections of information whose results will be published, outline plans for
tabulation, and publication. Address any complex analytical techniques that will be
used. Provide the time schedule for the entire project, including beginning and
ending dates of the collection of information, completion of report, publication
dates, and other actions.
This information collection will not be published for statistical purposes.

17.

If seeking approval to not display the expiration date for OMB approval of the
information collection, explain the reasons that display would be inappropriate.
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USCIS will display the expiration date for OMB approval of this information collection.
18.

Explain each exception to the certification statement identified in Item 19,
“Certification for Paperwork Reduction Act Submission,” of OMB 83-I.
USCIS does not request an exception to the certification of this information collection.

B.

Collections of Information Employing Statistical Methods.
There is no statistical methodology involved with this collection.

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