THIS NOTICE SUPERSEDES INSTRUCTION NO. 7 IN FORM OF-169 AND INFORMATION CONTAINED IN OF-167.

BEGINNING DECEMBER 19, 1997, U.S. IMMIGRATION LAW REQUIRES ALL APPLICATIONS FOR IMMIGRANT VISAS IN THE CATEGORIES LISTED BELOW TO BE ACCOMPANIED BY A CONTRACTUALLY BINDING AFFIDAVIT OF SUPPORT (FORM I-864) WHICH HAS BEEN SIGNED BY THE PETITIONER. MOST APPLICANTS IN THE CATEGORIES IDENTIFIED BELOW MUST SUBMIT A PROPERLY NOTARIZED I-864 TO QUALIFY FOR A VISA. APPLICANTS WHO MADE FORMAL APPLICATION FOR A VISA PRIOR TO DECEMBER 19, 1997, BUT HAVE NOT YET RECEIVED VISAS, MAY NOT BE REQUIRED TO SUBMIT THE NEW FORM AND SHOULD CONTACT THE IMMIGRANT VISA OFFICE WHERE THEY APPLIED FOR THE VISA TO VERIFY WHICH FORM IS NEEDED. Applicants MUST present completed forms at the time of visa interview. DO NOT MAIL forms to a Consular Section, the National Visa Center, or the Immigration and Naturalization Service unless specifically instructed to do so.

PURPOSE OF THE FORM: To assist consular officers in determining whether an immigrant visa applicant will have adequate means of financial support in the United States and will not become a public charge. By executing this form, the petitioner agrees to reimburse any government agency or private entity that provides the sponsored alien with any means-tested public benefits.

WHO NEEDS AN AFFIDAVIT OF SUPPORT UNDER INA SECTION 213A?

* All family-based immigrants, including adoptees (self-petitioning widow/ERs and battered spouses and children are exempt from this requirement); and

* Those employment-based immigrants who are petitioned by a relative or by a business in which a relative has significant ownership interest.

WHO COMPLETES AN AFFIDAVIT OF SUPPORT UNDER SECTION INA 213A? The person completing the affidavit is the sponsor.

* For family-based immigrants, the petitioner must be the sponsor.

* For employment-based immigrants, the petitioning relative or relative with significant ownership interest in the petitioning entity must be the sponsor.

* Under certain circumstances, a joint sponsor/s may also submit a Form I-864.

* An (I-864) with all supporting documents must be submitted for each visa applicant, including eligible accompanying family member. Photocopies may be submitted for accompanying family members, but must have original signatures and notarizations. Photocopies of the signature and notarization will not be accepted.

VALIDITY OF THE I-864 AND I-864A The I-864 and I-864A must be submitted to a consular officer within six months of the date they are signed and notarized, or new forms will be required. A form submitted within six months of signature will have an unlimited validity and will not expire. However, a consular officer may require supporting documents that are over 12 months old to be updated.

I-864A PRINTING ERROR Part I of the I-864A may contain a printing error in the "Relationship to Sponsor" box. Please note that Household Members should complete Part 3 and Sponsored Immigrants/Household Members should complete Part 4.

Detailed information regarding the sponsor's obligations under the new provisions and instructions for completing the new affidavit of support are provided with the new Form I-864.