[Federal Register Volume 63, Number 95 (Monday, May 18, 1998)]
[Rules and Regulations]
[Pages 27193-27195]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-12952]
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Rules and Regulations
Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
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Federal Register / Vol. 63, No. 95 / Monday, May 18, 1998 / Rules and
Regulations
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DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
8 CFR Part 213a
[INS No. 1913-98]
Additional Information on the Affidavit of Support Under Section
213a of the Act, Form I-864
AGENCY: Immigration and Naturalization Service, Justice.
ACTION: Clarification of policy.
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SUMMARY: On October 20, 1997, the Immigration and Naturalization
Service (Service) published an interim rule in Federal Register
establishing the provisions for sponsorship of family and certain
employment-based immigrants under the new legally enforceable affidavit
of support. The Form I-864, Affidavit of Support Under Section 213A of
the Act, was released on that same date. This document provides
information on four issues: reduction of required supporting
documentation; preferred order of documentation; form revision dates;
and 1998 poverty guidelines.
First, the document clarifies the Service policy concerning whether
the sponsor must submit a separate copy of all supporting documentation
for each dependent. This clarification is necessary to reduce the
amount of paperwork being submitted by the sponsor. Second, this
document provides information on the order in which the Service would
like to have affidavits of support and accompanying documentation
submitted. Third, this document explains that the Service has corrected
minor errors in the first edition of Forms I-864, I-864A, and I-865.
Finally, the document lists the new 1998 poverty guidelines.
DATES: This document is effective May 18, 1998.
FOR FURTHER INFORMATION CONTACT:
Miriam Hetfield, Immigration and Naturalization Service, Benefits
Division, 425 I Street, NW., Room 3214, Washington, DC 20536, Telephone
202-514-5014 or Lisa Roney, Immigration and Naturalization Service,
Office of Policy and Planning, Room 6052, Washington, DC 20536,
Telephone 202-353-0249.
SUPPLEMENTARY INFORMATION:
Reduction in Required Supporting Documentation
This document clarifies Service policy concerning the documentary
evidence that must be provided with an affidavit of support (Form I-
864) that is filed by an applicant for an immigrant visa or for
adjustment of status. According to 8 CFR 213a.2(c)(2), the sponsor is
required to provide considerable documentation, including copies of his
or her Federal individual income tax returns for the most recent 3 tax
years, evidence of current employment, and other documentation as
evidence that the sponsor's income is sufficient to meet the income
requirement that applies in the case. The sponsor must file a separate
Form I-864 and I-864A, if used, for each dependent family member who
accompanies the principal beneficiary of the visa petition, although
these forms may be photocopies so long as the signature and notary
information is original. 8 CFR 213.2(a)(1).
The question has arisen whether the sponsor must also submit a
separate copy of all the supporting documentation with each separate
Form I-864 and any Forms I-864A for each dependent. To avoid
unnecessarily increasing the amount of paperwork for the sponsor, the
sponsored immigrant, and the Government, the Service has determined the
following. A sponsor must submit a separate Form I-864 and, if used,
any separate Forms I-864A, for the principal sponsored immigrant and
for each accompanying family member. However, the sponsor needs to
submit only one copy of his or her Federal income tax returns for the 3
most recent tax years and one copy of any other supporting
documentation even if there are accompanying family members. The
sponsor does not need to submit duplicate copies of tax returns or
other supporting documents for accompanying family members. In those
cases where there are accompanying family members, the consular officer
or immigration officer will write the A-number of the principal
beneficiary in the ``agency use'' box of the Form I-864 for each family
member accompanying the principal beneficiary. This annotation will
make it possible to retrieve the documentary evidence from the
principal beneficiary's A-file, should it become necessary to do so.
The Service has also determined that it should clarify what the
Service will consider to be sufficient compliance with the requirement
in 8 CFR 213a.2(a)(1) that the Forms I-864 and I-864A submitted on
behalf of accompanying family members must bear original signatures and
notarizations. Under rule 1003 of the Federal Rules of Evidence, a
photocopy has the same evidentiary value as an original document,
unless the authenticity of the photocopy is disputed. While the Federal
Rules of Evidence do not govern sponsorship determinations, the Service
believes that following the principle set forth in rule 1003 in this
context will serve to benefit potential sponsors by reducing burdensome
replication of paperwork. Accordingly, the Service will consider a
sponsor to have complied with 8 CFR 213.2(a)(1) if the sponsored
immigrant(s) submit(s) to the consular officer, immigration officer, or
immigration judge, (a) on behalf of the principal beneficiary, the
original Forms I-864 and I-864A, bearing the sponsor's original
signature and an original notarization, and (b) on behalf of each of
the accompanying family members included in the original Forms I-864
and I-864A, clear and true photocopies of the signed and notarized
Forms I-864 and I-864A filed on behalf of the principal beneficiary.
The Service will make the necessary change to 8 CFR 213a.2(a)(1) in the
final rule, but considers strict enforcement of the requirement in the
meantime to be unduly burdensome. Since the requirement that the Forms
I-864 and I-864A for the accompanying family members must bear original
signatures and notarizations is a rule of agency practice, and this new
approach to enforcement of the requirement is a general statement of
policy, 5 U.S.C. 553 permits the Service to modify its enforcement of
the requirement without prior notice and comment.
[[Page 27194]]
This policy on reduction in required supporting documentation
applies for derivative beneficiaries applying for immigrant visas or
adjustment of status with the principal beneficiary. If two related
aliens are the beneficiaries of separate visa petitions, so that
neither is a derivative beneficiary, separate documentary evidence in
support of each Form I-864 and any Forms I-864A must be provided, and
the Forms I-864 and I-864A for each principal beneficiary must bear the
sponsor's original notarized signature. For family members who are
following to join rather than accompanying a principal beneficiary, a
separate Form I-864 and any Forms I-864A, with the sponsor's original
notarized signature and supporting documentation, must be provided when
the alien applies for an immigrant visa or for adjustment of status, in
order to follow to join the principal beneficiary. 8 CFR 213a.2(d).
This policy on reduction in required supporting documentation also
applies when there is more than one alien following to join the
principal beneficiary; only one set of supporting documents is required
in support of all derivative beneficiaries following to join at that
time. If more than one family member follows to join at the same time,
moreover, only one family member needs to submit Forms I-864 and I-864A
with original signatures and notarizations; the other family members
may submit true and clear photocopies of that signed and notarized
original. The immigration of consular officer will note in the ``agency
use'' box the visa number or A-number of the file where the supporting
documentation will be located.
Preferred Order of Documentation
The Service is providing notice on the order in which it would like
to have aliens seeking adjustment of status to package affidavits of
support and supporting documentation for submission to the Service.
Documents for the principal intending immigrant should be placed on top
and in the following order: first, the petitioner's I-864 with the
signature notarized; second, copies of the petitioner's Federal tax
returns for the 3 most recent tax years; third, evidence of the
petitioner's employment; fourth, evidence of the petitioner's assets
(if used to qualify); fifth, any Forms I-864A submitted by the
petitioner's household members with all original signatures notarized,
copies of the household members' Federal tax returns for the 3 most
recent tax years, household members' evidence of employment, and
evidence of assets (if used to qualify). Next should be documentation
for dependents. This will include, for each dependent, a photocopy of
the signed and notarized Forms I-864 and I-864A filed on behalf of the
principal immigrant. Documentation for any joint sponsor(s) should
follow subsequently in the same order as provided above for the
petitioner.
Form Revision Dates
The first edition of Forms I-864, I-864A, and I-865 were dated
October 6, 1997. The Service subsequently corrected two minor errors
and released an updated version of each form with a revision date of
January 21, 1998. The minor errors and released an updated version of
each form with a revision date of January 21, 1998. The minor errors
were a technical correction made in Part 1 of Form I-864A, and the new
address of the Texas Service Center on Form I-865. Both the October 6,
1997 and the January 21, 1998, versions of these forms may be used.
New 1998 Poverty Guidelines
The October 20, 1997, interim rule establishing the provisions for
sponsorship under the new affidavit of support, provided that
immigration and consular officers will begin using the new poverty
guidelines on the first day of the second month after the Department of
Health and Human Services (HHS) published them in the Federal Register.
This year HHS published the new guidelines on February 24. Thus,
officers will use the new poverty guidelines to evaluate cases
adjudicated as of April 1, 1998, regardless of when the application for
an immigrant visa or adjustment of status was submitted to the
Government. Applicants are not required to submit new Forms I-864 to
reflect the new poverty guidelines. The following are the poverty
guidelines for 1998.
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Sponsor's household size 100% of poverty line 125% of poverty line
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For the 48 Contiguous States, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, and Guam
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2................................ $10,850............................... $13,562
3................................ 13,650................................ 17,062
4................................ 16,450................................ 20,562
5................................ 19,250................................ 24,062
6................................ 22,050................................ 27,562
7................................ 24,850................................ 31,062
8................................ 27,650................................ 34,562
Add $2,800 for each additional person. Add $3,500 for each additional
person.
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For Alaska
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2................................ 13,570................................ 16,962
3................................ 17,070................................ 21,337
4................................ 20,570................................ 25,712
5................................ 24,070................................ 30,087
6................................ 27,570................................ 34,462
7................................ 31,070................................ 38,837
8................................ 34,570................................ 43,212
Add $3,500 for each additional person. Add $4,375 for each additional
person.
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For Hawaii
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2................................ 12,480................................ 15,600
3................................ 15,700................................ 19,625
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4................................ 18,920................................ 23,650
5................................ 22,140................................ 27,675
6................................ 25,360................................ 31,700
7................................ 28,580................................ 35,725
8................................ 31,800................................ 39,750
Add $3,220 for each additional person. Add $4,025 for each additional
person.
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Dated: April 30, 1998.
Doris Meissner,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 98-12952 Filed 5-15-98; 8:45 am]
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