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 3/09/2020, the Supreme Court vacated USCIS RIN 1615-AA22, Inadmissibility on Public Charge Grounds (short title: Public Charge Rule). As a result of the vacatur, USCIS is rescinding all changes made in the Public Charge Final Rule. Changes associated with this rule will be removed from information collection instruments that were impacted by the rule. Changes to respondent, hour burden, and cost burden estimates as a result of the Public Charge Rule will also be reverted.
US Code:
8 USC 1183a
Name of Law: Immigration Nationality Act
As a result of the Public Charge Rule Rescission, USCIS is reinstating the Form I-1864W instrument under this information collection, which results in an increase in the estimated number of respondents and an increase in the estimated annual time burden. The estimated number of respondents increased by 98,119; the estimated annual time burden increased by 98,119 hours.
The estimated annual cost burden to respondents for this collection of information is increasing from $135,569,525 to $159,608,680, an increase of $24,039,155. The increase is the result of the reinstatement of Form I-864W, which added respondents who will incur out-of-pocket costs.
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 Affidavit of Support Under Section 213A of the Act
PC Vacate Memo-EH.pdf
I864-011-INS-TOC-PCR-02112021.docx
SORN 001 AFileIndexNFTS 2013 11 21.html
71 FR 35732, 35739.doc
Affidavit of Support Under Section 213A of the Act