SUPPORTING STATEMENT

# Affidavit of Financial Support and Intent to Petition for Legal Custody 

# for Public Law 97-359 Amerasian

**(Form I-361)**

**OMB No. 1615-0021**

**A. Justification.**

1.  This form is used to support Form I-360, Petition to Classify Public
    Law 97-359 Amerasian as the Child, Son or Daughter of a U.S.
    Citizen, in the final processing, as stated in 8 CFR
    204.4(f)(1)(ii)(A) wherein, "...if the district director notifies
    the petitioner that all preliminary processing has been completed in
    a satisfactory manner, the petitioner must then submit Form I-361,
    Affidavit of Financial Support and Intent to Petition for Legal
    Custody for Pub. L. 97-359 Amerasian, executed by the beneficiary's
    sponsor, along with the documentary evidence of the sponsor's
    financial ability required by that form. If the beneficiary is under
    eighteen years of age, the sponsor must agree to petition the court
    having jurisdiction, within thirty days of the beneficiary's arrival
    in the United States, for legal custody under the laws of the state
    where the beneficiary will reside until the beneficiary is eighteen
    years of age. The term "legal custody" as used in this section means
    the assumption of responsibility for a minor by an adult under the
    laws of the state in a court of law. The sponsor must be a United
    States citizen or lawful permanent resident who is twenty-one years
    of age or older who is of good moral character."

2\. The information furnished on Form I-361 will be used by the U.S.
Citizenship and Immigration Services (USCIS) to determine a sponsor's
eligibility to support an alien eligible for benefits under Pub.L.
97-359.

3\. The use of this form currently provides the most efficient means for
collecting and processing the required data. In this case the USCIS does
not employ the use of information technology in collecting and
processing information. Since there are only 50 respondents a year USCIS
has not scheduled this application form for electronic submission as
part of it's e-filing initiative.

4\. A review of the USCIS Forms Inventory Report revealed no duplication
of effort, and there is no other similar information currently available
that can be used for this purpose.

5\. This collection of information does not have an impact on small
businesses or other small entities.

6.  An alien is eligible for classification under section 201(b),
    203(a)(1) or 203(a)(3) of the Immigration and Nationality Act (Act)
    as the Amerasian child or son or daughter of a U.S. citizen,
    pursuant to section 204(f) of the Act which requires evidence to
    support such a petition. The information furnished on this form will
    be used by the USCIS to determine a sponsor's eligibility to
    financially support an alien seeking benefits under Pub. L. 97-359.
    The information collection is necessary to ensure that the alien
    maintains residency and does not become a public charge in the
    United States.

7\. There are no special circumstances applicable to this information
collection.

8\. The will address any comments received during prior to submitting
the extension to OMB for approval.

9.  The USCIS does not provide payments or gifts to respondents in
    exchange for a benefit sought.

10\. There is no assurance of confidentiality.

11\. There are no questions of a sensitive nature.

12\. [Annual Reporting Burden]{.underline}:

a\. Number of Respondents 50

> b\. Number of Responses per each request 1
>
> c\. Total Annual Responses 50

d\. Hours per Response .50

> e\. Total Annual Reporting Burden 25
>
> **Annual Reporting Burden**
>
> **Total annual reporting burden is 25.** This figure was derived by
> multiplying the number of respondents (50) x frequency of response (1)
> x 30 minutes (.50 hours) per response.

13\. There are no capital or start-up costs associated with this
information collection. Any cost burdens to respondents as a result of
this collection are identified in item 14. (There is no fee associated
with filing this information collection.)

14\. [Annualized Cost Analysis]{.underline}:

> Printing Cost \$ 27
>
> Collecting and Processing \$ 1,000
>
> Total Cost to Program \$ 1,027
>
> Fee Charge \$ 0
>
> Total Annual Cost to Government \$ 1,027

**Government Cost**

> **The estimated cost of the program to the Government is \$1,027.**
> This figure is calculated by using the estimated number of respondents
> (50) multiplied (x) by 30 minutes (time required to collect and
> process information) x \$40 (suggested average hourly rate for
> clerical, officer, and managerial time with benefits). In addition,
> this figure includes the estimated overhead cost for printing,
> stocking, distributing and processing of this form).

## Annual Public Cost

> The estimated annual public cost is \$ 250. This estimate is based on
> the number of respondents (50) x 30 minutes (0.50) hours per response
> x \$10 (average hourly rate).

15\. There has been no increase or decrease in the estimated burden
associated with this information collection.

16\. The USCIS does not intend to employ the use of statistics or the
publication thereof for this collection of information.

17\. The USCIS will display the expiration date for OMB approval of this
information collection.

18\. The USCIS does not request an exception to the certification of
this information collection.

**B. Collection of Information Employing Statistical Methods.**

Not Applicable.

**C. Certification and Signature.**

**PAPERWORK CERTIFICATION**

> In submitting this request for OMB approval, I certify that the
> requirements of the Privacy Act and OMB directives have been complied
> with including paperwork regulations, statistical standards or
> directives, and any other information policy directives promulgated
> under 5 CFR 1320.
>
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

**Sunday Aigbe, Date**

[Chief]{.underline},

[Regulatory Management Division]{.underline}.