Page 7 of 11Form I-945 10/15/19
If the bond is substituted by a different obligor or agent/co-obligor, this obligor or agent/co-obligor agrees and understands
that he or she is only considered released from the bond if DHS has notified the obligor or the agent/co-obligor, in writing,
that he or she is released from the bond, as outlined in 8 CFR 213.1. DHS will send a copy of any notification sent to the
new substitute obligor and its agent/co-obligor to the obligor of the bond currently on file, and the alien and the alien's
attorney or accredited representative (if any).
Completed by the Obligor or Co-Obligor
Name of Obligor Name of the Agent/Co-Obligor
Agent's/Co-Obligor's Power of Attorney Number (For Surety Bonds Only)
Bonded Alien
Alien Registration File Number
► A-
Part 3. General Terms and Conditions (continued)
The obligor and any agent/co-obligor agrees and understands that by submitting this bond as a bond substituting prior bonds
posted on behalf of the alien, the obligor and any agent/co-obligor assume all liabilities of any prior obligors and any of
their agent/co-obligors. The obligor and any agent/co-obligor agrees and understands that the substitute bond covers any
breach of the bond conditions which occurred before DHS accepted the substitute bond, in the event USCIS did not learn of
the breach until after the cancellation of the bond on file with USCIS.
Substitution by a New Obligor to Replace the Current Bond on File with DHS. The new obligor and any agent/co-
obligor agrees and understands that the new bond/substitution must meet the conditions outlined in the bond on file, and
must also meet the requirements outlined in 8 CFR 103.6 and 8 CFR 213.1 before DHS can accept the new bond and
release the prior obligor or the agent/co-obligor from his or her liability based on the current bond on file. When
substituting a bond, the obligor or agent/co-obligor must complete and submit this bond in accordance with the directions
given in this form and this form's Instructions.
B.
The obligor and any agent/co-obligor agree and understand that by submitting this bond, DHS reviews the bond for
sufficiency before accepting it. If DHS determines that the substitute bond is sufficient, it will accept it as the bond on file
with DHS, cancel the bond on file, release any prior obligors from liability, and accept this substitute bond. If the substitute
bond is submitted but is insufficient, DHS will notify the obligor so that the obligor may correct the deficiency or
deficiencies within the timeframe stipulated in DHS's notice. If the deficiency is not corrected within the timeframe
specified the previously submitted bond will remain in effect. The obligor and any agent/co-obligor agree and understand
that DHS will send a copy of any notification to the obligor with the bond currently on file, the alien, and the alien's
attorney or accredited representative (if any).
Breach. The obligor or any agent/co-obligor agrees and understands that the following circumstances constitute a breach of the
public charge bond:
3.
A. The alien has received any public benefits, as defined in 8 CFR 212.21(b), for more than 12 months in the aggregate within
any 36 month period (such that, for instance, receipt of two benefits in one month counts as two months, after the alien's
adjustment of status to that of a lawful permanent resident and until the bond is cancelled pursuant to 8 CFR 213.1(g); or
Noncompliance with any conditions imposed as part of this bond, as outlined in the Conditions of the Bond - The Alien
Will Not Receive Public Benefits and Will Comply With Any Other Conditions Imposed section in Part 4.
B.
The obligor or any agent/co-obligor also agree and understand, upon an administratively final determination that the public
charge bond has been breached, the breach creates a claim in favor of the United States for full amount of the bond.
If DHS intends to declare a public charge bond breached based on information that is not protected from disclosure to the
obligor or any agent/co-obligor, DHS will disclose such information to the obligor or any agent/co-obligor to the extent
permitted by law, and provide the obligor or any agent/co-obligor with an opportunity to respond and submit rebuttal
evidence, including specifying a deadline for a response. The obligor and any agent/co-obligor agree and understand that
DHS will provide a copy of the notification to the alien and the alien's attorney or accredited representative (if any).
After the obligor's or agent/co-obligor's response, or after the deadline has passed, DHS will make a breach determination,
and inform the obligor or agent/co-obligor of the right to appeal a determination that the bond has been breached in
accordance with the requirements of 8 CFR part 103, subpart A. The obligor and any agent/co-obligor agree and understand
that DHS will also provide a copy of the decision to the alien and the alien's attorney or accredited representative (if any).