USCIS Releases Guidance on Cancelling Public Charge Bond with Form I-356

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Key Takeaways

• Form I-356 cancels public charge bonds; eligible filers include aliens, obligors, attorneys, or estate executors with required documentation.
• Cancellation conditions include death, permanent departure, naturalization, or five years as an LPR without becoming a public charge.
• Submit Form I-356 with full evidence and an official signature to USCIS; errors or incomplete submissions risk rejection.

The process of requesting the cancellation of a public charge bond through Form I-356 involves adhering to strict procedural and evidentiary requirements outlined by the U.S. Citizenship and Immigration Services (USCIS). This guide breaks down these instructions in clear, actionable steps to assist applicants, whether they are aliens, obligors (those who posted the bond), attorneys, or estate executors, in successfully navigating this complex process.

Introduction to Form I-356

USCIS Releases Guidance on Cancelling Public Charge Bond with Form I-356

Form I-356 is utilized to request the cancellation of a public charge bond, which is typically submitted on behalf of an alien via Form I-945, Public Charge Bond. Bonds like this are intended as a financial assurance that an alien will not become a “public charge”—a person reliant on government funds—during their time in the United States. The existence of such bonds ensures that immigrants comply with U.S. laws concerning financial self-sufficiency.

This guide covers the conditions when a public charge bond may be canceled, who is eligible to file Form I-356, and all procedural steps required for its completion. It also highlights common errors to avoid and provides insight into what happens after the form has been submitted.

Instructions for Completing Form I-356: Request for Cancellation of Public Charge Bond

Form I-356 is used to request the cancellation of a public charge bond that was posted on behalf of an immigrant. This guide provides step-by-step instructions to ensure accurate and complete submission.

General Instructions

Download the official form here
Type or print in black ink.
Complete all sections unless otherwise instructed.
If additional space is needed, use Part 8, “Additional Information,” or attach extra sheets with the required details.
Submit copies of required documents as necessary.

Part 1: Obligor and Agent/Co-Obligor Information

(To Be Completed by the Obligor or Agent/Co-Obligor)

Obligor’s Information

Name of Obligor – Provide your full legal name.
Mailing Address – Include street number, name, city, state, ZIP code, and apartment/suite number if applicable.
Physical Address – If different from the mailing address, provide your actual residence address.
Daytime Telephone Number – Enter a valid contact number.
Email Address – Provide an email if available.
Taxpayer Identification Number (TIN) – Enter ITIN, EIN, or SSN.

Agent/Co-Obligor Information (if applicable)

Name of Agent/Co-Obligor – Provide the full legal name of any co-obligor.
Mailing Address – Enter the mailing address of the co-obligor.
Physical Address – If different from the mailing address, provide the residential or business address.
Daytime Telephone Number – Provide a valid contact number.
Email Address – Enter an email address if available.
Taxpayer Identification Number (TIN) – Include ITIN, EIN, or SSN.
Power of Attorney Number – If applicable, provide the power of attorney reference number.

Bond Information

Bond Receipt Number – Enter the receipt number of the bond.
Bond Amount – Provide the bond amount in dollars.
Date of Bond Approval by DHS – Enter the approval date from Form I-945.

Part 2: Obligor’s or Agent/Co-Obligor’s Contact Information, Certification, and Signature

Check the appropriate box to indicate the reason for cancellation:
- The Alien Naturalized, Permanently Departed, or Died
- Five Years Have Passed Since the Alien Became a Lawful Permanent Resident
Provide the alien’s details including name, date of birth, and address.
Signature of the Obligor and/or Agent/Co-Obligor – Sign and date the form to certify that the information provided is accurate.

Part 3: Information About the Alien

(To Be Completed by the Alien or the Alien’s Executor)

Alien Registration Number (A-Number), SSN, and USCIS Online Account Number (if any)
Full Name – Provide the alien’s current legal name.
Other Names Used Since Birth – If applicable, list other names used.
Sex – Check “Male” or “Female.”
Date of Birth – Use the format MM/DD/YYYY.
Place of Birth – Provide city, state/province, and country.
Country of Citizenship/Nationality
Mailing Address – Include street number, name, city, state, ZIP code, and any unit number.
Physical Address – If different from the mailing address, provide the residence address.

Part 4: Reason for Cancellation of the Bond

(Select and provide supporting details as applicable.)

Became a U.S. Citizen
- Provide a Certificate of Naturalization or Citizenship Number.
- Provide a U.S. Passport Number (if applicable).
Permanently Departed the U.S.
- Provide the departure date and location.
- Attach Form I-407 (if available).
Deceased Alien
- Provide the date and place of death.
- Attach a certified death certificate.
- Provide information on the executor handling the alien’s estate.
Five-Year LPR Status Completion
- Provide the date when the alien became a lawful permanent resident.
- Indicate whether the alien has received public benefits before the fifth anniversary.

Part 5: Alien’s (or Executor’s) Contact Information, Certification, and Signature

Provide daytime telephone number, mobile number, and email address.
Sign and date to certify the information provided.

Part 6: Interpreter’s Contact Information, Certification, and Signature

(If applicable)

Full Name
Business/Organization Name (if any)
Contact details (telephone number, email)
Language of Interpretation
Signature and Date

Part 7: Preparer’s Contact Information, Certification, and Signature

(If someone else completed the form for the alien or executor)

Full Name
Business/Organization Name (if any)
Contact details
Certification and Signature

Part 8: Additional Information

Use this section if additional space is needed for any responses.
Attach extra sheets if necessary and label them with the Alien’s Name, A-Number, Bond Receipt Number, Page Number, Part Number, and Item Number.
Sign and date each additional sheet.

Final Checklist Before Submission

Review all entries for accuracy and completeness.
Attach necessary supporting documents (e.g., naturalization certificate, Form I-407, death certificate).
Sign and date the form in all required sections.
Retain a copy for personal records before submitting to USCIS.

By carefully following these instructions, applicants can ensure a smooth processing of their request for public charge bond cancellation.

Step-by-Step Instructions to check after Completing Form I-356

Step 1: Determine Eligibility to File Form I-356

Before proceeding, ensure you are in the right position to request the cancellation of the bond. Eligible parties include:

The alien on whose behalf the public charge bond was posted.
An attorney or accredited representative acting on behalf of the alien.
The obligor (the person who posted the bond) or their authorized representative (such as a co-obligor).
The executor of the alien’s estate, if the alien is deceased.

If you’re filing as an executor, supporting documents (such as a certified copy of the will or a small estate affidavit) must be submitted to verify your authority.

Step 2: Confirm that the Bond Can Be Canceled

A public charge bond can only be canceled under specific conditions, namely:

Once the individual has died, permanently departed the U.S., or naturalized as a U.S. citizen.
After the five-year anniversary of securing lawful permanent resident (LPR) status, provided the individual did not become a public charge prior to or within that time.
If USCIS determines the individual is not likely to become a public charge, regardless of timeline.

Step 3: Collect Required Documentation

Applicants must provide substantial evidence supporting the grounds for cancellation. Required documents might include:

Photocopy of the alien’s death certificate (if filing as the executor of an alien’s estate).
Proof of naturalization (such as a naturalization certificate).
Evidence of permanent departure (such as records confirming completion of Form I-407).
The alien’s LPR card (in cases of five years as an LPR).

Note: Submitting incomplete evidence will likely result in processing delays or outright denial.

Step 4: Download and Complete Form I-356

To begin, visit the official USCIS webpage for Form I-356 at USCIS.gov. Here, you will find the latest edition of the form.

Use black ink if filling it out by hand, and ensure to write legibly or type the answers.
Carefully read all sections to understand the information being requested. If a question does not apply to your situation, mark it as “N/A”. For numeric responses that are zero, write “None”.

Make use of Part 8: Additional Information if you need extra space to provide detailed responses.

Step 5: Properly Sign the Form

Form I-356 requires a valid handwritten signature. USCIS does not accept a stamped or typewritten name as a signature. If the applicant is under 14 or mentally incapacitated, a parent or legal guardian may sign on their behalf. Executors acting for deceased aliens must include documents proving their authority. Without a valid signature, USCIS will reject the request.

Step 6: Submit Evidence and Supporting Documents

To complete your submission, enclose all required documentation alongside the form. This could include photocopies of identification documents, decision notices, previously submitted forms, and proof of reasons for bond cancellation.

It’s essential that any foreign-language documents are accompanied by English translations. These translations must include a certification confirming accuracy, as well as the translator’s details.

Step 7: File the Completed Form

Submit Form I-356 and accompanying documents to the correct USCIS address, which may be subject to change. For updated filing addresses, refer to the USCIS website dedicated to Form I-356.

USCIS provides an optional biometric services appointment, where you may need to furnish fingerprints, a photograph, or a signature. This appointment helps USCIS verify your identity and conduct background checks. Missing this appointment could result in a denial of your request.

Common Errors to Avoid

Incorrect or incomplete forms will be rejected. Some common errors to be mindful of include:

Failing to sign the form or using an invalid signature.
Providing incorrect or mismatched information, such as an incorrect Alien Registration Number (A-Number) or mailing address.
Submitting insufficient evidence to support the grounds for bond cancellation.
Neglecting to translate foreign-language documents appropriately.

Address specific fields with care. For example:
– Ensure names and addresses are accurate and up-to-date.
– Use proper date formats (MM/DD/YYYY).

What Happens After Filing?

Once USCIS receives your request, they will assess whether it is complete and whether the supporting evidence fulfills all cancellation requirements.

If the information provided does not establish grounds for cancellation, the bond will remain active, and USCIS will inform both the obligor and the alien of its decision.

In the event of rejection:
– Only the obligor (not the alien or their representative) has the right to appeal as per USCIS guidelines under 8 CFR Section 103.
– You may reapply but will need to address the root cause of the initial rejection.

For a cancellation request after five years as an LPR, be prepared to demonstrate that the alien did not rely on public funds during this period.

Penalties for False Information

Providing false information or submitting fraudulent documents in support of Form I-356 can lead to serious consequences, including denial of the bond cancellation and potential criminal prosecution. Ensure all declarations and evidence are truthful and accurate.

Assistance and Resources

For further questions, visit the USCIS Contact Center or call 1-800-375-5283. Resources related to fees, additional instructions, and frequently asked questions for Form I-356 can also be found on their website.

If guidance beyond this document is needed, consulting a qualified immigration attorney is recommended to avoid errors and minimize delays.

Conclusion

Filing Form I-356 to cancel a public charge bond is a meticulous process that requires strict compliance with USCIS instructions. Through attention to detail and proper documentation, you can strengthen the likelihood of a favorable outcome.

Steps such as proper form completion, providing clear evidence, and adhering to submission rules as outlined by USCIS regulations ensure smoother processing. For official guidance and updates, USCIS remains the primary resource for application information.

Lastly, as acknowledged by VisaVerge.com, proactive preparation and adherence to these guidelines significantly reduce the chances of delays or rejections in bond cancellation requests.

Learn Today

Public Charge Bond → A financial guarantee ensuring an immigrant will not rely on public funds during their stay in the U.S.
Obligor → The person who posts a bond on behalf of the immigrant, guaranteeing compliance with specific conditions.
Lawful Permanent Resident (LPR) → A non-citizen authorized to live and work permanently in the U.S. after immigrating lawfully.
Executor → A person appointed to manage the estate of a deceased individual, including filing necessary legal documents.
Alien Registration Number (A-Number) → A unique identification number assigned to non-citizens in the U.S. for immigration purposes.

This Article in a Nutshell

Canceling a public charge bond via Form I-356 requires precision and compliance with USCIS guidelines. Eligible parties—aliens, obligors, attorneys, or estate executors—must provide clear evidence, like proof of naturalization or permanent departure. Avoid errors, incomplete forms, or missing signatures to prevent delays. Accurate documentation ensures smoother processing and successful bond cancellation.
— By VisaVerge.com