[Code of Federal Regulations]

[Title 8, Volume 1]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 8CFR213a.4]



[Page 228-229]

 

                     TITLE 8--ALIENS AND NATIONALITY

 

               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY

 

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 229]]



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.''