Form I-363, Request to Enforce Affidavit of Financial Support and Intent to Petition for Legal Custody for P.L. 97-359 Amerasian

Form I-363

The purpose of Form I-363 is to allow enforcement of a guarantee of financial support and intent to petition for legal custody of a sponsor pursuant to Form I-361. The filing of Form I-363 allows enforcement against the alien's sponsor in a civil suit. The civil action may be brought by the Attorney General in the United States district court in the district of the sponsor's residence. A sponsor's estate is not liable under if the guarantee if the sponsor dies or is determined to be bankrupt by a United States bankruptcy court. In either situation, Form I-363 does not apply.

The Amerasian beneficiary of Form I-361 may file Form I-363 if he or she requires the enforcement of the guarantee of financial support and intent to petition for legal custody executed by the sponsor. The beneficiary may file Form I-363 directly. However, if the beneficiary is under the age of 18, any agency or individual (other that the guarantor sponsor) having legal custody of the applicant may file Form I-363.

Form I-363 requires that any foreign language document must be accompanied by a full English translation, certified by the translator that the translation is full and complete. Form I-363 also require that the translator also certify that he or she is competent to translate from the foreign language into English.