[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR213a.4]

[Page 227-228]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
      CHAPTER I--DEPARTMENT OF HOMELAND SECURITY (IMMIGRATION AND 
                             NATURALIZATION)
 
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-

[[Page 228]]

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 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.''