Instructions for Form I-363, Request to Enforce Affidavit of Financial Support and Intent to Petition for Custody for Pub. L. 97-359 Amerasian
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- Form I-363, Request to Enforce Affidavit of Financial Support and Intent to Petition for Custody for Pub. L. 97-359 Amerasian - Request to Enforce Affidavit of Financial Support and Intent to Petition for Custody for Pub. L. 97-359 Amerasian
Instructions for Request to Enforce Affidavit of Financial Support
and Intent to Petition for Custody for Pub. L. 97-359 Amerasian
USCIS
Form I-363
Department of Homeland Security
U.S. Citizenship and Immigration Services
What is the Purpose of Form I-363?
A guarantee of financial support and intent to petition for legal custody (Form I-361, Affidavit of Financial Support and
Intent to Petition for Legal Custody for P. L. 97-359 Amerasian), may be enforced with respect to an alien against the
alien’s sponsor in a civil suit by using Form I-363.
This action may be brought by the Attorney General in the United States district court for the district in which the sponsor
resides, except that the sponsor’s estate is not liable under the guarantee if the sponsor dies or is determined to be bankrupt
under Title 11, United States Code.
If after admission to the United States, the beneficiary of a petition for a P.L. 97-359 Amerasian requires enforcement
of the guarantee of financial support and intent to petition for legal custody executed by the beneficiary’s sponsor, the
beneficiary may file this form with U.S. Citizenship and Immigration Services (USCIS).
If the beneficiary is under 18 years of age, any agency or individual (other than the sponsor) having legal custody of the
applicant may file Form I-363
General Instructions
USCIS provides forms free of charge through the USCIS website. In order to view, print, or fill out our forms, you should
use the latest version of Adobe Reader, which you can download for free at http://get.adobe.com/reader/. If you do not
have Internet access, you may call the USCIS Contact Center at 1-800-375-5283 and ask that we mail a form to you. For
TTY (deaf or hard of hearing) call: 1-800-767-1833.
Signature. Each request must be properly signed and filed. For all signatures on this request, USCIS will not accept a
stamped or typewritten name in place of a signature. If you are under 14 years of age, your parent or legal guardian may
sign the request on your behalf. A legal guardian may also sign for a mentally incompetent person.
Filing Fee. There is no filing fee for Form I-363.
Copies. You may submit legible photocopies of documents requested, unless the Instructions specifically state that you
must submit an original document. USCIS may request an original document at the time of filing or at any time during
processing of an request, petition, or request. If you submit original documents when not required, the documents may
remain a part of the record, and USCIS will not automatically return them to you .
Translations. If you submit a document with information in a foreign language, you must also submit a full English
translation. The translator must sign a certification that the English language translation is complete and accurate, and that
he or she is competent to translate from the foreign language into English. The certification must include the translator’s
signature, should contain the translator’s printed name and the date, and it may also contain the translator’s contact
information.
How to Fill Out Form I-363
1. Type or print legibly in black ink.
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2. If you need extra space to complete any item within this request, use the space provided in Part 7. Additional
Information or attach a separate sheet of paper; type or print your name and Alien Registration Number (A-Number)
at the top of each sheet; indicate the Page Number, Part Number, and Item Number to which your answer refers;
and sign and date each sheet.
3. Answer all questions fully and accurately. If a question does not apply to you (for example, if you have never been
married and the question asks “Provide the name of your current spouse”), type or print “N/A,” unless otherwise
directed. If your answer to a question which requires a numeric response is zero or none (for example, “How many
children do you have” or “How many times have you departed the United States”), type or print “None,” unless
otherwise directed.
4. USCIS Online Account Number. If you have previously filed an application, petition, or request using the USCIS
online filing system (previously called USCIS Electronic Immigration System (USCIS ELIS)), provide the USCIS
Online Account Number you were issued by the system. You can find your USCIS Online Account Number by
logging in to your account and going to the profile page. If you previously filed certain applications, petitions, or
requests on a paper form via a USCIS Lockbox facility, you may have received a USCIS Online Account Access
Notice issuing you a USCIS Online Account Number. If you received such a notice, your USCIS Online Account
Number can be found at the top of the notice. If you were issued a USCIS Online Account Number, enter it in the
space provided. The USCIS Online Account Number is not the same as an A-Number.
5. Part 4. Applicant’s Statement, Contact Information, Certification, and Signature. Select the appropriate box to
indicate whether you read this request yourself or whether you had an interpreter assist you. If someone assisted you
in completing the request, select the box indicating that you used a preparer. Further, you must sign and date your
request and provide your daytime telephone number, mobile telephone number (if any), and email address (if any).
Every request MUST contain the signature of the applicant (or parent or legal guardian, if applicable). A stamped or
typewritten name in place of a signature is not acceptable.
6. Part 5. Interpreter’s Contact Information, Certification, and Signature. If you used anyone as an interpreter to
read the instructions and questions on this request to you in a language in which you are fluent, the interpreter must fill
out this section, provide his or her name, the name and address of his or her business or organization (if any), his or
her daytime telephone number, his or her mobile telephone number (if any), and his or her email address (if any). The
interpreter must sign and date the request.
7. Part 6. Contact Information, Declaration, and Signature of the Person Preparing this Request, if Other Than
the Applicant. This section must contain the signature of the person who completed your request, if other than you,
the applicant. If the same individual acted as your interpreter and your preparer, that person should complete both
Part 5. and Part 6. If the person who completed this request is associated with a business or organization, that person
should complete the business or organization name and address information. Anyone who helped you complete this
request MUST sign and date the request. A stamped or typewritten name in place of a signature is not acceptable. If
the person who helped you prepare your request is an attorney or accredited representative, he or she may be obliged
to also submit a completed Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative,
along with your request.
We recommend that you print or save a copy of your completed request to review in the future
and for your records.
What Is the Filing Fee?
There is no filing fee for Form I-363.
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Where To File?
Please see our website at www.uscis.gov/I-363 or call our USCIS Contact Center at 1-800-375-5283 for the most current
information about where to file this request. For TTY (deaf or hard of hearing) call: 1-800-767-1833.
Address Change
An applicant who is not a U.S. citizen must notify USCIS of his or her new address within 10 days of moving from his
or her previous residence. For information on filing a change of address go to the USCIS website at www.uscis.gov/
addresschange or contact the USCIS Contact Center at 1-800-375-5283. For TTY (deaf or hard of hearing) call: 1-800-
767-1833.
NOTE: Do not submit a change of address request to the USCIS Lockbox facilities because the Lockbox does not
process change of address requests.
Processing Information
Any Form I-363 that is not signed will be rejected with a notice that Form I-363 is deficient. You may correct the
deficiency and resubmit Form I-363. Form I-363 is not considered properly filed until accepted by USCIS.
Initial Processing. Once USCIS accepts your request we will check it for completeness. If you do not completely fill out
this request, you will not establish a basis for your eligibility and USCIS may reject or deny your request.
Requests for More Information. We may request that you provide more information or evidence to support your
request. We may also request that you provide the originals of any copies you submit. If USCIS requests an original
document from you, it will be returned to you after USCIS determines it no longer needs your original.
Requests for Interview. We may request that you appear at a USCIS office for an interview based on your request. At
the time of any interview or other appearance at a USCIS office, we may require that you provide your fingerprints,
photograph, and/or signature to verify your identity and/or update background and security checks.
USCIS Forms and Information
To ensure you are using the latest version of this request, visit the USCIS website at www.uscis.gov where you can obtain
the latest USCIS forms and immigration-related information. If you do not have internet access, you may order USCIS
forms by calling the USCIS Contact Center at 1-800-375-5283. The USCIS Contact Center provides information in
English and Spanish. For TTY (deaf or hard of hearing) call: 1-800-767-1833.
Instead of waiting in line for assistance at your local USCIS office, you can schedule an appointment online at
www.uscis.gov. Select “Schedule an appointment online” and follow the screen prompts to set up your appointment.
Once you finish scheduling an appointment, the system will generate an appointment notice for you.
Penalties
If you knowingly and willfully falsify or conceal a material fact or submit a false document with your Form I-363, we will
deny your Form I-363, and may deny any other immigration benefit. In addition, you will face severe penalties provided
by law and may be subject to criminal prosecution.
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USCIS Privacy Act Statement
AUTHORITIES: The information requested on this request, and the associated evidence, is collected under the
Immigration and Nationality Act, section 101 and Public Law 97-359 (96 Stat. 1716).
PURPOSE: The primary purpose for providing the requested information on this request is to determine whether
Form I-361, Affidavit of Financial Support and Intent to Petition for Legal Custody for P.L. 97-359 Amerasian, requires
enforcement. It may be furnished to the U.S. Attorney for an enforcement action.
DISCLOSURE: The information you provide is voluntary. However, failure to provide the requested information, and
any requested evidence, may delay a final decision in your case or result in denial of your request.
ROUTINE USES: DHS may share the information you provide on this request with other Federal, state, local, and
foreign government agencies and authorized organizations. DHS follows approved routine uses described in the
associated published system of records notices [DHS/USCIS-007 - Benefits Information System and DHS/USCIS-001
- Alien File, Index, and National File Tracking System of Records] which you can find at www.dhs.gov/privacy. DHS
may also make the information available, as appropriate, for law enforcement purposes or in the interest of national
security.
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