
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 8USC1183]

 
                     TITLE 8--ALIENS AND NATIONALITY
 
                 CHAPTER 12--IMMIGRATION AND NATIONALITY
 
                       SUBCHAPTER II--IMMIGRATION
 
Part II--Admission Qualifications for Aliens; Travel Control of Citizens 
                               and Aliens
 
Sec. 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.

(June 27, 1952, ch. 477, title II, ch. 2, Sec. 213, 66 Stat. 188; Pub. 
L. 91-313, Sec. 1, July 10, 1970, 84 Stat. 413; Pub. L. 101-649, title 
VI, Sec. 603(a)(8), Nov. 29, 1990, 104 Stat. 5083; Pub. L. 104-208, div. 
C, title III, Sec. 308(d)(3)(A), title V, Sec. 564(f), Sept. 30, 1996, 
110 Stat. 3009-617, 3009-684.)


                               Amendments

    1996--Pub. L. 104-208, Sec. 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, Sec. 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.


                    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.

                  Section Referred to in Other Sections

    This section is referred to in section 1201 of this title.
