This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

27193

Vol. 63, No. 95

Monday, May 18, 1998

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Part 213a

[INS No. 1913–98]

Additional Information on the Affidavit

of Support Under Section 213a of the

Act, Form I–864

AGENCY: Immigration and Naturalization

Service, Justice.

ACTION: Clarification of policy.

SUMMARY: On October 20, 1997, the

Immigration and Naturalization Service

(Service) published an interim rule in

Federal Register establishing the

provisions for sponsorship of family and

certain employment-based immigrants

under the new legally enforceable

affidavit of support. The Form I–864,

Affidavit of Support Under Section

213A of the Act, was released on that

same date. This document provides

information on four issues: reduction of

required supporting documentation;

preferred order of documentation; form

revision dates; and 1998 poverty

guidelines.

First, the document clarifies the

Service policy concerning whether the

sponsor must submit a separate copy of

all supporting documentation for each

dependent. This clarification is

necessary to reduce the amount of

paperwork being submitted by the

sponsor. Second, this document

provides information on the order in

which the Service would like to have

affidavits of support and accompanying

documentation submitted. Third, this

document explains that the Service has

corrected minor errors in the first

edition of Forms I–864, I–864A, and I–

865. Finally, the document lists the new

1998 poverty guidelines.

DATES: This document is effective May

18, 1998.

FOR FURTHER INFORMATION CONTACT:

Miriam Hetfield, Immigration and

Naturalization Service, Benefits

Division, 425 I Street, NW., Room 3214,

Washington, DC 20536, Telephone 202–

514–5014 or Lisa Roney, Immigration

and Naturalization Service, Office of

Policy and Planning, Room 6052,

Washington, DC 20536, Telephone 202–

353–0249.

SUPPLEMENTARY INFORMATION:

Reduction in Required Supporting

Documentation

This document clarifies Service

policy concerning the documentary

evidence that must be provided with an

affidavit of support (Form I–864) that is

filed by an applicant for an immigrant

visa or for adjustment of status.

According to 8 CFR 213a.2(c)(2), the

sponsor is required to provide

considerable documentation, including

copies of his or her Federal individual

income tax returns for the most recent

3 tax years, evidence of current

employment, and other documentation

as evidence that the sponsor’s income is

sufficient to meet the income

requirement that applies in the case.

The sponsor must file a separate Form

I–864 and I–864A, if used, for each

dependent family member who

accompanies the principal beneficiary

of the visa petition, although these

forms may be photocopies so long as the

signature and notary information is

original. 8 CFR 213.2(a)(1).

The question has arisen whether the

sponsor must also submit a separate

copy of all the supporting

documentation with each separate Form

I–864 and any Forms I–864A for each

dependent. To avoid unnecessarily

increasing the amount of paperwork for

the sponsor, the sponsored immigrant,

and the Government, the Service has

determined the following. A sponsor

must submit a separate Form I–864 and,

if used, any separate Forms I–864A, for

the principal sponsored immigrant and

for each accompanying family member.

However, the sponsor needs to submit

only one copy of his or her Federal

income tax returns for the 3 most recent

tax years and one copy of any other

supporting documentation even if there

are accompanying family members. The

sponsor does not need to submit

duplicate copies of tax returns or other

supporting documents for

accompanying family members. In those

cases where there are accompanying

family members, the consular officer or

immigration officer will write the Anumber of the principal beneficiary in

the ‘‘agency use’’ box of the Form I–864

for each family member accompanying

the principal beneficiary. This

annotation will make it possible to

retrieve the documentary evidence from

the principal beneficiary’s A-file, should

it become necessary to do so.

The Service has also determined that

it should clarify what the Service will

consider to be sufficient compliance

with the requirement in 8 CFR

213a.2(a)(1) that the Forms I–864 and I–

864A submitted on behalf of

accompanying family members must

bear original signatures and

notarizations. Under rule 1003 of the

Federal Rules of Evidence, a photocopy

has the same evidentiary value as an

original document, unless the

authenticity of the photocopy is

disputed. While the Federal Rules of

Evidence do not govern sponsorship

determinations, the Service believes that

following the principle set forth in rule

1003 in this context will serve to benefit

potential sponsors by reducing

burdensome replication of paperwork.

Accordingly, the Service will consider a

sponsor to have complied with 8 CFR

213.2(a)(1) if the sponsored

immigrant(s) submit(s) to the consular

officer, immigration officer, or

immigration judge, (a) on behalf of the

principal beneficiary, the original Forms

I–864 and I–864A, bearing the sponsor’s

original signature and an original

notarization, and (b) on behalf of each

of the accompanying family members

included in the original Forms I–864

and I–864A, clear and true photocopies

of the signed and notarized Forms I–864

and I–864A filed on behalf of the

principal beneficiary. The Service will

make the necessary change to 8 CFR

213a.2(a)(1) in the final rule, but

considers strict enforcement of the

requirement in the meantime to be

unduly burdensome. Since the

requirement that the Forms I–864 and I–

864A for the accompanying family

members must bear original signatures

and notarizations is a rule of agency

practice, and this new approach to

enforcement of the requirement is a

general statement of policy, 5 U.S.C. 553

permits the Service to modify its

enforcement of the requirement without

prior notice and comment.
27194 Federal Register / Vol. 63, No. 95 / Monday, May 18, 1998 /Rules and Regulations

This policy on reduction in required

supporting documentation applies for

derivative beneficiaries applying for

immigrant visas or adjustment of status

with the principal beneficiary. If two

related aliens are the beneficiaries of

separate visa petitions, so that neither is

a derivative beneficiary, separate

documentary evidence in support of

each Form I–864 and any Forms I–864A

must be provided, and the Forms I–864

and I–864A for each principal

beneficiary must bear the sponsor’s

original notarized signature. For family

members who are following to join

rather than accompanying a principal

beneficiary, a separate Form I–864 and

any Forms I–864A, with the sponsor’s

original notarized signature and

supporting documentation, must be

provided when the alien applies for an

immigrant visa or for adjustment of

status, in order to follow to join the

principal beneficiary. 8 CFR 213a.2(d).

This policy on reduction in required

supporting documentation also applies

when there is more than one alien

following to join the principal

beneficiary; only one set of supporting

documents is required in support of all

derivative beneficiaries following to join

at that time. If more than one family

member follows to join at the same time,

moreover, only one family member

needs to submit Forms I–864 and I–

864A with original signatures and

notarizations; the other family members

may submit true and clear photocopies

of that signed and notarized original.

The immigration of consular officer will

note in the ‘‘agency use’’ box the visa

number or A-number of the file where

the supporting documentation will be

located.

Preferred Order of Documentation

The Service is providing notice on the

order in which it would like to have

aliens seeking adjustment of status to

package affidavits of support and

supporting documentation for

submission to the Service. Documents

for the principal intending immigrant

should be placed on top and in the

following order: first, the petitioner’s I–

864 with the signature notarized;

second, copies of the petitioner’s

Federal tax returns for the 3 most recent

tax years; third, evidence of the

petitioner’s employment; fourth,

evidence of the petitioner’s assets (if

used to qualify); fifth, any Forms I–864A

submitted by the petitioner’s household

members with all original signatures

notarized, copies of the household

members’ Federal tax returns for the 3

most recent tax years, household

members’ evidence of employment, and

evidence of assets (if used to qualify).

Next should be documentation for

dependents. This will include, for each

dependent, a photocopy of the signed

and notarized Forms I–864 and I–864A

filed on behalf of the principal

immigrant. Documentation for any joint

sponsor(s) should follow subsequently

in the same order as provided above for

the petitioner.

Form Revision Dates

The first edition of Forms I–864, I–

864A, and I–865 were dated October 6,

1997. The Service subsequently

corrected two minor errors and released

an updated version of each form with a

revision date of January 21, 1998. The

minor errors and released an updated

version of each form with a revision

date of January 21, 1998. The minor

errors were a technical correction made

in Part 1 of Form I–864A, and the new

address of the Texas Service Center on

Form I–865. Both the October 6, 1997

and the January 21, 1998, versions of

these forms may be used.

New 1998 Poverty Guidelines

The October 20, 1997, interim rule

establishing the provisions for

sponsorship under the new affidavit of

support, provided that immigration and

consular officers will begin using the

new poverty guidelines on the first day

of the second month after the

Department of Health and Human

Services (HHS) published them in the

Federal Register. This year HHS

published the new guidelines on

February 24. Thus, officers will use the

new poverty guidelines to evaluate

cases adjudicated as of April 1, 1998,

regardless of when the application for

an immigrant visa or adjustment of

status was submitted to the

Government. Applicants are not

required to submit new Forms I–864 to

reflect the new poverty guidelines. The

following are the poverty guidelines for

1998.

Sponsor’s household size 100% of poverty line 125% of poverty line

For the 48 Contiguous States, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, and Guam

2 ..................................................................................................................................... $10,850 .............................. $13,562

3 ..................................................................................................................................... 13,650 ................................ 17,062

4 ..................................................................................................................................... 16,450 ................................ 20,562

5 ..................................................................................................................................... 19,250 ................................ 24,062

6 ..................................................................................................................................... 22,050 ................................ 27,562

7 ..................................................................................................................................... 24,850 ................................ 31,062

8 ..................................................................................................................................... 27,650 ................................ 34,562

Add $2,800 for each additional person.Add $3,500 for each additional person.

For Alaska

2 ..................................................................................................................................... 13,570 ................................ 16,962

3 ..................................................................................................................................... 17,070 ................................ 21,337

4 ..................................................................................................................................... 20,570 ................................ 25,712

5 ..................................................................................................................................... 24,070 ................................ 30,087

6 ..................................................................................................................................... 27,570 ................................ 34,462

7 ..................................................................................................................................... 31,070 ................................ 38,837

8 ..................................................................................................................................... 34,570 ................................ 43,212

Add $3,500 for each additional person.Add $4,375 for each additional person.

For Hawaii

2 ..................................................................................................................................... 12,480 ................................ 15,600

3 ..................................................................................................................................... 15,700 ................................ 19,625
Federal Register / Vol. 63, No. 95 / Monday, May 18, 1998 /Rules and Regulations 27195

Sponsor’s household size 100% of poverty line 125% of poverty line

4 ..................................................................................................................................... 18,920 ................................ 23,650

5 ..................................................................................................................................... 22,140 ................................ 27,675

6 ..................................................................................................................................... 25,360 ................................ 31,700

7 ..................................................................................................................................... 28,580 ................................ 35,725

8 ..................................................................................................................................... 31,800 ................................ 39,750

Add $3,220 for each additional person.Add $4,025 for each additional person.

Dated: April 30, 1998.

Doris Meissner,

Commissioner, Immigration and

Naturalization Service.

[FR Doc. 98–12952 Filed 5–15–98; 8:45 am]

BILLING CODE 4410–10–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98–NM–21–AD; Amendment

39–10425; AD 97–25–11R1]

RIN 2120–AA64

Airworthiness Directives; Bombardier

Model CL–600–2B16 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Direct final rule; confirmation of

effective date.

SUMMARY: This document confirms the

effective date of a direct final rule

published on March 27, 1998 which

revised an existing airworthiness

directive (AD), applicable to certain

Bombardier Model CL–600–2B16 series

airplanes, that currently requires

disabling the remote fuel/defuel panel

in the cockpit; and provides for an

optional modification of the remote

fuel/defuel panel, which would

terminate the requirement to disable the

panel. The direct final rule amendment

reduces the applicability of the existing

AD. The direct final rule amendment

was prompted by reports of in-flight

failure of the panel that resulted when

a circuit breaker on a battery bus opened

due to insufficient current flow

capacity. The actions specified in this

AD are intended to prevent the circuit

breakers from opening during flight,

which could result in irreversible loss of

engine indicating and fuel quantity

systems in the cockpit.

DATES: The direct final rule published at

63 FR 14804 is effective on June 25,

1998.

FOR FURTHER INFORMATION CONTACT:

Brett Portwood, Aerospace Engineer,

Systems and Equipment Branch, ANM–

130L, FAA, Transport Airplane

Directorate, Los Angeles Aircraft

Certification Office, 3960 Paramount

Boulevard, Lakewood, California 90712;

telephone (562) 627–5350; fax (562)

627–5210.

SUPPLEMENTARY INFORMATION: The FAA

published the direct final rule with

request for comments in the Federal

Register on March 27, 1998 (63 FR

14804). The FAA uses the direct final

rulemaking procedure for a noncontroversial rule where the FAA

anticipates that there will be no adverse

public comment. The direct final rule

advised the public that no adverse

comments were anticipated, and that

unless a written adverse comment, or a

written notice of intent to submit such

an adverse comment, was received

within the comment period, the

regulation would become effective on

June 25, 1998. No adverse comments

were received, and thus this document

confirms that this final rule will become

effective on that date, with the

airworthiness directive (AD) number

shown at the beginning of this

document.

Issued in Renton, Washington, on May 5,

1998.

John J. Hickey,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 98–12513 Filed 5–15–98; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98–CE–40–AD; Amendment 39–

10528; AD 98–11–01]

RIN 2120–AA64

Airworthiness Directives; Pilatus

Aircraft Ltd. Models PC–12 and PC–12/

45 Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This amendment supersedes

Airworthiness Directive (AD) 97–23–04,

which currently requires replacing the

fuel tank vent valves with modified fuel

tank vent valves on certain Pilatus

Aircraft Ltd. (Pilatus) Models PC–12 and

PC–12/45 airplanes. This AD retains the

fuel tank vent valves replacement

required by AD 97–23–04, and requires

drilling a 4.8 millimeter (0.1875 inch)

hole in each fuel filler cap. This AD also

requires inserting a temporary revision

in the Pilot’s Operating Handbook

(POH) that specifies checking to assure

that the fuel filler cap hole is clear of ice

and foreign objects. This AD is the

result of mandatory continued

airworthiness information (MCAI)

issued by the airworthiness authority for

Switzerland. The actions specified by

this AD are intended to prevent the fuel

tank inward vent valve from freezing,

which, if followed by a cold soak at

altitude, could result in wing airfoil

distortion and structural damage with

consequent degradation of the airplane’s

handling qualities.

DATES: Effective June 7, 1998.

The incorporation by reference of

Pilatus Service Bulletin No. 28–003,

Revision 1, dated September 30, 1997,

as listed in the regulations, was

previously approved by the Director of

the Federal Register as of December 1,

1997 (62 FR 59993, November 6, 1997).

The incorporation by reference of

Pilatus Service Bulletin No. 28–004,

dated March 27, 1998, is approved by

the Director of the Federal Register as of

June 7, 1998.

Comments for inclusion in the Rules

Docket must be received on or before

July 13, 1998.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Central Region,

Office of the Regional Counsel,

Attention: Rules Docket No. 98–CE–40–

AD, Room 1558, 601 E. 12th Street,

Kansas City, Missouri 64106.

Service information that applies to

this AD may be obtained from Pilatus

Aircraft Ltd., CH–6370 Stans,

Switzerland. This information may also

be examined at the Federal Aviation

Administration (FAA), Central Region,

Office of the Regional Counsel,

Attention: Rules Docket No. 98–CE–40–

AD, Room 1558, 601 E. 12th Street,

Kansas City, Missouri 64106; or at the