[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR213a.4]

[Page 270-271]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
CHAPTER I--IMMIGRATION AND NATURALIZATION SERVICE, DEPARTMENT OF JUSTICE
 
PART 213a--AFFIDAVITS OF SUPPORT ON BEHALF OF IMMIGRANTS--Table of Contents
 
Sec. 213a.4  Actions for reimbursement, public notice, and congressional reports.

    (a) Requests for reimbursement. Requests for reimbursement under 
section 213A(b)(2) of the Act must be served by personal service, as 
defined by Sec. 103.5a(a)(2) of this chapter. The request for 
reimbursement shall specify the date the sponsor's affidavit of support 
was received by the Service, the sponsored immigrant's name, alien 
registration number, address, and date of birth, as well as the types of 
means-tested public benefit(s) that the sponsored immigrant received, 
the dates the sponsored immigrant received the means-tested public 
benefit(s), and the total amount of the means-tested public benefit(s) 
received. It is not necessary to make a separate request for each type 
of means-tested public benefit, nor for each separate payment. The 
agency may instead aggregate in a

[[Page 271]]

single request all benefit payments the agency has made as of the date 
of the request. The request for reimbursement shall also notify the 
sponsor that the sponsor must, within 45 days of the date of service, 
respond to the request for reimbursement either by paying the 
reimbursement or by arranging to commence payments pursuant to a payment 
schedule that is agreeable to the program official. Prior to filing a 
lawsuit against a sponsor to enforce the sponsor's support obligation 
under section 213A(b)(2) of the Act, a Federal, State, or local 
governmental agency or a private entity must wait 45 days from the date 
it issues a written request for reimbursement under section 213A(b)(1) 
of the Act. If a sponsored immigrant, a Federal, State, or local agency, 
or a private entity sues the sponsor and obtains a final civil judgment 
against the sponsor, the sponsored immigrant, the Federal, State, or 
local agency, or the private entity shall mail a certified copy of the 
final civil judgment to the Service's Statistics Branch, 425 I Street, 
NW., Washington, DC 20536. The copy should be accompanied by a cover 
letter that includes the reference ``Civil Judgments for Congressional 
Reports under section 213A(i)(3) of the Act.'' Failure to file a 
certified copy of the final civil judgment in accordance with this 
section has no effect on the plaintiff's ability to collect on the 
judgment pursuant to law.
    (b) Federal, State, and local government agencies should issue 
public notice of determinations regarding which benefits are considered 
``means-tested public benefits'' prior to December 19, 1997, the date 
the new affidavit of support goes into effect, or as soon as possible 
thereafter. Additional notices should be issued whenever an agency 
revises its determination of which benefits are considered ``means-
tested public benefits.''
    (c) Congressional reports. (1) For purposes of section 213A(i)(3) of 
the Act, a sponsor shall be considered to be in compliance with the 
financial obligations of section 213A of the Act unless the sponsored 
immigrant or a Federal, State, or local agency or private entity has 
sued the sponsor, obtained a final judgment enforcing the sponsor's 
obligations under section 213A(a)(1)(A) or 213A(b) of the Act, and 
mailed a certified copy of the final judgment to the Service's 
Statistics Branch, 425 I Street, NW., Washington, DC 20536.
    (2) If a Federal, State, or local agency or private entity that 
administers any means-tested public benefit makes a determination under 
section 421(e) of the Personal Responsibility and Work Opportunity 
Reconciliation Act of 1996 in the case of any sponsored immigrant, the 
program official shall send written notice of the determination, 
including the name of the sponsored immigrant and of the sponsor, to the 
Service's Statistics Branch. The written notice should include the 
reference ``Determinations under 421(e) of the Personal Responsibility 
and Work Opportunity Reconciliation Act of 1996.''