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OGC-98-8 1 (1997-10-29)

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United States
General Accounting Office
Washington, D.C. 20548

Office of the General Counsel


B-278403



October 29, 1997

The Honorable  Orrin G. Hatch
Chairman
The Honorable  Patrick J. Leahy
Ranking Minority Member
Committee  on the Judiciary
United States Senate

The Honorable  Henry J. Hyde
Chairman
The Honorable  John Conyers, Jr.
Ranking Minority Member
Committee  on the Judiciary
House  of Representatives

Subject:  Department  of Justice, Immigration and Naturalization Service: Affidavits
          of Support on Behalf of Immigrants

Pursuant to section 801(a)(2)(A) of title 5, United States Code, this is our report
on a major rule promulgated by the Department of Justice, Immigration and
Naturalization Service (INS), entitled Affidavits of Support on Behalf of
Immigrants (RIN: 1115-AE58). We  received the rule on October 16, 1997. It was
published in the Federal Register as an interim rule on October 20, 1997. 62 Fed.
Reg. 54346.

The interim rule amends the INS regulations by establishing that an individual (the
sponsor) who  files an affidavit of support under section 213A of the Immigration
and Nationality Act on behalf of an intending immigrant incurs an obligation that
may  be enforced by a civil action. It also specifies (1) procedures that federal,
state, and local agencies or private entities must follow to seek reimbursement from
the sponsor for provision of means-tested public benefits, and (2) procedures for
imposing the civil penalty provided for under section 213A of the act, if the sponsor
fails to give notice of any change of address.


GAO/OGC-98-8