[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR213a.4]

[Page 236-237]
 
                     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; commencement of civil action. (1) By 
agencies. (i) If an agency that provides a means-tested public benefit 
to a sponsored immigrant wants to seek reimbursement from a sponsor, 
household member, or joint sponsor, the program official must arrange 
for service of a written request for reimbursement upon the sponsor, 
household member, or joint sponsor, by personal service, as defined by 8 
CFR 103.5a(a)(2), except that the person making personal service need 
not be a Federal Government officer or employee.
    (ii) The request for reimbursement must specify the date the 
sponsor, household member, or joint sponsor's support obligation 
commenced (this is the date the sponsored immigrant became a permanent 
resident), 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.
    (iii) 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. A state or local 
government may make a single reimbursement request on behalf of all of 
the state or local government agencies that have provided means-tested 
public benefits.
    (iv) So that the sponsor, household member, or joint sponsor may 
verify the accuracy of the request, the request for reimbursement must 
include an itemized statement supporting the claim for reimbursement. 
The request for reimbursement must also include a notification to the 
sponsor, household member, or joint sponsor that the sponsor, household 
member, or joint 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.
    (v) Prior to filing a lawsuit against a sponsor, household member, 
or joint sponsor to enforce the sponsor, household member, or joint 
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 serves a written request for reimbursement 
in accordance with this section.
    (2) By the sponsored immigrant. Section 213A(b) of the Act does not 
require a sponsored immigrant to request the sponsor or joint sponsor to 
comply with the support obligation, before bringing an action to compel 
compliance.
    (3) Role of USCIS and DHS. Upon the receipt of a duly issued 
subpoena, USCIS may provide a certified copy of a Form I-864 or Form I-
864A that has been filed on behalf of a specific alien for use as 
evidence in a civil action to enforce the Form I-864 or Form I-864A, and 
may also disclose the last known address and social security number of 
the sponsor, substitute sponsor, or joint sponsor. Requesting 
information through the Systematic Alien Verification for Entitlement 
(SAVE)

[[Page 237]]

Programis sufficient, and a subpoena is not required, to obtain the 
sponsored immigrant's current immigration or citizenship status or the 
name, social security number and last known address of a sponsor, 
substitute sponsor, or joint sponsor.
    (b) Designation of means-tested public benefits.
     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.'' A sponsor, joint sponsor, or household member 
is not liable to reimburse any agency for any benefit with respect to 
which a public notice of the determination that the benefit is a means-
tested public benefit was not published until after the date the benefit 
was first provided to the immigrant.
    (c) Congressional reports. (1) For purposes of section 213A(i)(3) of 
the Act, USCIS will consider a sponsor or joint sponsor to be in 
compliance with the financial obligations of section 213A of the Act 
unless a party that has obtained a final judgment enforcing the sponsor 
or joint sponsor's obligations under section 213A(a)(1)(A) or 213A(b) of 
the Act has provided a copy of the final judgment to the USCIS by 
mailing a certified copy to the address listed in paragraph (c)(3) of 
this section. 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.
    (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 
address listed in paragraph (c)(3) of this section. The written notice 
should include the reference ``Determinations under 421(e) of the 
Personal Responsibility and Work Opportunity Reconciliation Act of 
1996.''
    (3) The address referred to in paragraphs (c)(1) and (c)(2) of this 
section is: Office of Program and Regulation Development, U.S. 
Citizenship and Immigration Services, 20 Massachusetts Avenue, NW., 
Washington, DC, 20529.

[62 FR 54352, Oct. 20, 1997, as amended at 71 FR 35755, June 21, 2006]