8 Usc 1183

TITLE 8—ALIENS AND NATIONALITY

§ 1183

has discontinued his or her involvement with,
and support for, such practices.
(b) Exception
The prohibitions in subsection (a) do not apply
to an applicant who is a head of state, head of
government, or cabinet-level minister.
(c) Waiver
The Secretary may waive the prohibitions in
subsection (a) with respect to a foreign national
if the Secretary—
(1) determines that it is important to the national interest of the United States to do so;
and
(2) not later than 30 days after the issuance
of a visa, provides written notification to the
appropriate congressional committees containing a justification for the waiver.
(Pub. L. 107–228, div. A, title II, § 232, Sept. 30,
2002, 116 Stat. 1372.)
Editorial Notes
CODIFICATION
Section was enacted as part of the Department of
State Authorization Act, Fiscal Year 2003, and also as
part of the Foreign Relations Authorization Act, Fiscal
Year 2003, and not as part of the Immigration and Nationality Act which comprises this chapter.
Statutory Notes and Related Subsidiaries
DEFINITIONS
For definitions of ‘‘Secretary’’ and ‘‘appropriate congressional committees’’ as used in this section, see section 3 of Pub. L. 107–228, set out as a note under section
2651 of Title 22, Foreign Relations and Intercourse.

§ 1183. Admission of aliens on giving bond or
undertaking; return upon permanent departure
An alien inadmissible under paragraph (4) of
section 1182(a) of this title may, if otherwise admissible, be admitted in the discretion of the
Attorney General (subject to the affidavit of
support requirement and attribution of sponsor’s income and resources under section 1183a of
this title) upon the giving of a suitable and
proper bond or undertaking approved by the Attorney General, in such amount and containing
such conditions as he may prescribe, to the
United States, and to all States, territories,
counties, towns, municipalities, and districts
thereof holding the United States and all States,
territories, counties, towns, municipalities, and
districts thereof harmless against such alien becoming a public charge. Such bond or undertaking shall terminate upon the permanent departure from the United States, the naturalization, or the death of such alien, and any sums or
other security held to secure performance thereof, except to the extent forfeited for violation of
the terms thereof, shall be returned to the person by whom furnished, or to his legal representatives. Suit may be brought thereon in the name
and by the proper law officers of the United
States for the use of the United States, or of any
State, territory, district, county, town, or municipality in which such alien becomes a public
charge, irrespective of whether a demand for
payment of public expenses has been made.

Page 204

(June 27, 1952, ch. 477, title II, ch. 2, § 213, 66 Stat.
188; Pub. L. 91–313, § 1, July 10, 1970, 84 Stat. 413;
Pub. L. 101–649, title VI, § 603(a)(8), Nov. 29, 1990,
104 Stat. 5083; Pub. L. 104–208, div. C, title III,
§ 308(d)(3)(A), title V, § 564(f), Sept. 30, 1996, 110
Stat. 3009–617, 3009–684.)
Editorial Notes
AMENDMENTS
1996—Pub. L. 104–208, § 564(f), inserted ‘‘(subject to the
affidavit of support requirement and attribution of
sponsor’s income and resources under section 1183a of
this title)’’ after ‘‘in the discretion of the Attorney
General’’.
Pub. L. 104–208, § 308(d)(3)(A), substituted ‘‘inadmissible’’ for ‘‘excludable’’.
1990—Pub. L. 101–649 substituted ‘‘(4)’’ for ‘‘(7) or (15)’’
and inserted before period at end ‘‘, irrespective of
whether a demand for payment of public expenses has
been made’’ after ‘‘becomes a public charge’’.
1970—Pub. L. 91–313 substituted provisions admitting,
under the specified conditions, an alien excludable
under pars. (7) or (15) of section 1182(a) of this title, for
provisions admitting, under the specified conditions,
any alien excludable because of the likelihood of becoming a public charge or because of physical disability other than tuberculosis in any form, leprosy, or a
dangerous contagious disease, and struck out provisions authorizing a cash deposit with the Attorney
General in lieu of a bond, such amount to be deposited
in the United States Postal Savings System, and provisions that the admission of the alien be consideration
for the giving of the bond, undertaking, or cash deposit.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by section 308(d)(3)(A) of Pub. L. 104–208
effective, with certain transitional provisions, on the
first day of the first month beginning more than 180
days after Sept. 30, 1996, see section 309 of Pub. L.
104–208, set out as a note under section 1101 of this title.
Amendment by section 564(f) of Pub. L. 104–208 effective Sept. 30, 1996, see section 591 of Pub. L. 104–208, set
out as a note under section 1101 of this title.
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101–649 applicable to individuals entering United States on or after June 1, 1991, see
section 601(e)(1) of Pub. L. 101–649, set out as a note
under section 1101 of this title.
ABOLITION OF IMMIGRATION AND NATURALIZATION
SERVICE AND TRANSFER OF FUNCTIONS
For abolition of Immigration and Naturalization
Service, transfer of functions, and treatment of related
references, see note set out under section 1551 of this
title.

§ 1183a. Requirements for sponsor’s affidavit of
support
(a) Enforceability
(1) Terms of affidavit
No affidavit of support may be accepted by
the Attorney General or by any consular officer to establish that an alien is not excludable
as a public charge under section 1182(a)(4) of
this title unless such affidavit is executed by
a sponsor of the alien as a contract—
(A) in which the sponsor agrees to provide
support to maintain the sponsored alien at
an annual income that is not less than 125
percent of the Federal poverty line during
the period in which the affidavit is enforceable;