
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 8USC1183a]

 
                     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. 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;
            (B) that is legally enforceable against the sponsor by the 
        sponsored alien, the Federal Government, any State (or any 
        political subdivision of such State), or by any other entity 
        that provides any means-tested public benefit (as defined in 
        subsection (e) \1\ of this section), consistent with the 
        provisions of this section; and
---------------------------------------------------------------------------
    \1\ See References in Text note below.
---------------------------------------------------------------------------
            (C) in which the sponsor agrees to submit to the 
        jurisdiction of any Federal or State court for the purpose of 
        actions brought under subsection (b)(2) of this section.

                    (2) Period of enforceability

        An affidavit of support shall be enforceable with respect to 
    benefits provided for an alien before the date the alien is 
    naturalized as a citizen of the United States, or, if earlier, the 
    termination date provided under paragraph (3).

    (3) Termination of period of enforceability upon completion 
                   of required period of employment, etc.

        (A) In general

            An affidavit of support is not enforceable after such time 
        as the alien (i) has worked 40 qualifying quarters of coverage 
        as defined under title II of the Social Security Act [42 U.S.C. 
        401 et seq.] or can be credited with such qualifying quarters as 
        provided under subparagraph (B), and (ii) in the case of any 
        such qualifying quarter creditable for any period beginning 
        after December 31, 1996, did not receive any Federal means-
        tested public benefit (as provided under section 1613 of this 
        title) during any such period.

        (B) Qualifying quarters

            For purposes of this section, in determining the number of 
        qualifying quarters of coverage under title II of the Social 
        Security Act [42 U.S.C. 401 et seq.] an alien shall be credited 
        with--
                (i) all of the qualifying quarters of coverage as 
            defined under title II of the Social Security Act worked by 
            a parent of such alien while the alien was under age 18, and
                (ii) all of the qualifying quarters worked by a spouse 
            of such alien during their marriage and the alien remains 
            married to such spouse or such spouse is deceased.

        No such qualifying quarter of coverage that is creditable under 
        title II of the Social Security Act for any period beginning 
        after December 31, 1996, may be credited to an alien under 
        clause (i) or (ii) if the parent or spouse (as the case may be) 
        of such alien received any Federal means-tested public benefit 
        (as provided under section 1613 of this title) during the period 
        for which such qualifying quarter of coverage is so credited.

        (C) Provision of information to save system

            The Attorney General shall ensure that appropriate 
        information regarding the application of this paragraph is 
        provided to the system for alien verification of eligibility 
        (SAVE) described in section 1137(d)(3) of the Social Security 
        Act [42 U.S.C. 1320b-7(d)(3)].

(b) Reimbursement of government expenses

                    (1) Request for reimbursement

        (A) Requirement

            Upon notification that a sponsored alien has received any 
        means-tested public benefit, the appropriate nongovernmental 
        entity which provided such benefit or the appropriate entity of 
        the Federal Government, a State, or any political subdivision of 
        a State shall request reimbursement by the sponsor in an amount 
        which is equal to the unreimbursed costs of such benefit.

        (B) Regulations

            The Attorney General, in consultation with the heads of 
        other appropriate Federal agencies, shall prescribe such 
        regulations as may be necessary to carry out subparagraph (A).

                 (2) Actions to compel reimbursement

        (A) In case of nonresponse

            If within 45 days after a request for reimbursement under 
        paragraph (1)(A), the appropriate entity has not received a 
        response from the sponsor indicating a willingness to commence 
        payment an action may be brought against the sponsor pursuant to 
        the affidavit of support.

        (B) In case of failure to pay

            If the sponsor fails to abide by the repayment terms 
        established by the appropriate entity, the entity may bring an 
        action against the sponsor pursuant to the affidavit of support.

        (C) Limitation on actions

            No cause of action may be brought under this paragraph later 
        than 10 years after the date on which the sponsored alien last 
        received any means-tested public benefit to which the affidavit 
        of support applies.

                   (3) Use of collection agencies

        If the appropriate entity under paragraph (1)(A) requests 
    reimbursement from the sponsor or brings an action against the 
    sponsor pursuant to the affidavit of support, the appropriate entity 
    may appoint or hire an individual or other person to act on behalf 
    of such entity acting under the authority of law for purposes of 
    collecting any amounts owed.

(c) Remedies

    Remedies available to enforce an affidavit of support under this 
section include any or all of the remedies described in section 3201, 
3203, 3204, or 3205 of title 28, as well as an order for specific 
performance and payment of legal fees and other costs of collection, and 
include corresponding remedies available under State law. A Federal 
agency may seek to collect amounts owed under this section in accordance 
with the provisions of subchapter II of chapter 37 of title 31.

(d) Notification of change of address

                       (1) General requirement

        The sponsor shall notify the Attorney General and the State in 
    which the sponsored alien is currently a resident within 30 days of 
    any change of address of the sponsor during the period in which an 
    affidavit of support is enforceable.

                             (2) Penalty

        Any person subject to the requirement of paragraph (1) who fails 
    to satisfy such requirement shall, after notice and opportunity to 
    be heard, be subject to a civil penalty of--
            (A) not less than $250 or more than $2,000, or
            (B) if such failure occurs with knowledge that the sponsored 
        alien has received any means-tested public benefits (other than 
        benefits described in section 1611(b), 1613(c)(2), or 1621(b) of 
        this title) not less than $2,000 or more than $5,000.

    The Attorney General shall enforce this paragraph under appropriate 
    regulations.

(e) Jurisdiction

    An action to enforce an affidavit of support executed under 
subsection (a) of this section may be brought against the sponsor in any 
appropriate court--
        (1) by a sponsored alien, with respect to financial support; or
        (2) by the appropriate entity of the Federal Government, a State 
    or any political subdivision of a State, or by any other 
    nongovernmental entity under subsection (b)(2) of this section, with 
    respect to reimbursement.

(f) ``Sponsor'' defined

                           (1) In general

        For purposes of this section the term ``sponsor'' in relation to 
    a sponsored alien means an individual who executes an affidavit of 
    support with respect to the sponsored alien and who--
            (A) is a citizen or national of the United States or an 
        alien who is lawfully admitted to the United States for 
        permanent residence;
            (B) is at least 18 years of age;
            (C) is domiciled in any of the several States of the United 
        States, the District of Columbia, or any territory or possession 
        of the United States;
            (D) is petitioning for the admission of the alien under 
        section 1154 of this title; and
            (E) demonstrates (as provided in paragraph (6)) the means to 
        maintain an annual income equal to at least 125 percent of the 
        Federal poverty line.

                     (2) Income requirement case

        Such term also includes an individual who does not meet the 
    requirement of paragraph (1)(E) but accepts joint and several 
    liability together with an individual under paragraph (5).

                 (3) Active duty armed services case

        Such term also includes an individual who does not meet the 
    requirement of paragraph (1)(E) but is on active duty (other than 
    active duty for training) in the Armed Forces of the United States, 
    is petitioning for the admission of the alien under section 1154 of 
    this title as the spouse or child of the individual, and 
    demonstrates (as provided in paragraph (6)) the means to maintain an 
    annual income equal to at least 100 percent of the Federal poverty 
    line.

            (4) Certain employment-based immigrants case

        Such term also includes an individual--
            (A) who does not meet the requirement of paragraph (1)(D), 
        but is the relative of the sponsored alien who filed a 
        classification petition for the sponsored alien as an 
        employment-based immigrant under section 1153(b) of this title 
        or who has a significant ownership interest in the entity that 
        filed such a petition; and
            (B)(i) who demonstrates (as provided under paragraph (6)) 
        the means to maintain an annual income equal to at least 125 
        percent of the Federal poverty line, or
            (ii) does not meet the requirement of paragraph (1)(E) but 
        accepts joint and several liability together with an individual 
        under paragraph (5).

                      (5) Non-petitioning case

        Such term also includes an individual who does not meet the 
    requirement of paragraph (1)(D) but who accepts joint and several 
    liability with a petitioning sponsor under paragraph (2) or relative 
    of an employment-based immigrant under paragraph (4) and who 
    demonstrates (as provided under paragraph (6)) the means to maintain 
    an annual income equal to at least 125 percent of the Federal 
    poverty line.

            (6) Demonstration of means to maintain income

        (A) In general

            (i) Method of demonstration

                For purposes of this section, a demonstration of the 
            means to maintain income shall include provision of a 
            certified copy of the individual's Federal income tax return 
            for the individual's 3 most recent taxable years and a 
            written statement, executed under oath or as permitted under 
            penalty of perjury under section 1746 of title 28 that the 
            copies are certified copies of such returns.
            (ii) Flexibility

                For purposes of this section, aliens may demonstrate the 
            means to maintain income through demonstration of 
            significant assets of the sponsored alien or of the sponsor, 
            if such assets are available for the support of the 
            sponsored alien.
            (iii) Percent of poverty

                For purposes of this section, a reference to an annual 
            income equal to at least a particular percentage of the 
            Federal poverty line means an annual income equal to at 
            least such percentage of the Federal poverty line for a 
            family unit of a size equal to the number of members of the 
            sponsor's household (including family and non-family 
            dependents) plus the total number of other dependents and 
            aliens sponsored by that sponsor.

        (B) Limitation

            The Secretary of State, or the Attorney General in the case 
        of adjustment of status, may provide that the demonstration 
        under subparagraph (A) applies only to the most recent taxable 
        year.

(h) \2\ ``Federal poverty line'' defined
---------------------------------------------------------------------------

    \2\ So in original. Section enacted without a subsec. (g).
---------------------------------------------------------------------------
    For purposes of this section, the term ``Federal poverty line'' 
means the level of income equal to the official poverty line (as defined 
by the Director of the Office of Management and Budget, as revised 
annually by the Secretary of Health and Human Services, in accordance 
with section 9902(2) of title 42) that is applicable to a family of the 
size involved.

(i) Sponsor's social security account number required to be provided

    (1) An affidavit of support shall include the social security 
account number of each sponsor.
    (2) The Attorney General shall develop an automated system to 
maintain the social security account number data provided under 
paragraph (1).
    (3) The Attorney General shall submit an annual report to the 
Committees on the Judiciary of the House of Representatives and the 
Senate setting forth--
        (A) for the most recent fiscal year for which data are available 
    the number of sponsors under this section and the number of sponsors 
    in compliance with the financial obligations of this section; and
        (B) a comparison of such numbers with the numbers of such 
    sponsors for the preceding fiscal year.

(June 27, 1952, ch. 477, title II, ch. 2, Sec. 213A, as added Pub. L. 
104-193, title IV, Sec. 423(a), Aug. 22, 1996, 110 Stat. 2271; amended 
Pub. L. 104-208, div. C, title V, Sec. 551(a), Sept. 30, 1996, 110 Stat. 
3009-675.)

                       References in Text

    Subsection (e) of this section, referred to in subsec. (a)(1)(B), 
does not define ``means-tested public benefit''.
    The Social Security Act, referred to in subsec. (a)(3)(A), (B), is 
act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Title II of the 
Act is classified generally to subchapter II (Sec. 401 et seq.) of 
chapter 7 of Title 42, The Public Health and Welfare. For complete 
classification of this Act to the Code, see section 1305 of Title 42 and 
Tables.


                               Amendments

    1996--Pub. L. 104-208 amended section generally, substituting 
subsecs. (a) to (i) for former subsecs. (a) to (f) relating to 
requirements for sponsor's affidavits of support.


         Effective Date of 1996 Amendments; Promulgation of Form

    Section 551(c) of div. C of Pub. L. 104-208 provided that:
    ``(1) In general.--The amendments made by this section [enacting 
this section, amending sections 1631 and 1632 of this title, and 
repealing provisions set out as a note under this section] shall apply 
to affidavits of support executed on or after a date specified by the 
Attorney General, which date shall be not earlier than 60 days (and not 
later than 90 days) after the date the Attorney General formulates the 
form for such affidavits under paragraph (2).
    ``(2) Promulgation of form.--Not later than 90 days after the date 
of the enactment of this Act [Sept. 30, 1996], the Attorney General, in 
consultation with the heads of other appropriate agencies, shall 
promulgate a standard form for an affidavit of support consistent with 
the provisions of section 213A of the Immigration and Nationality Act 
[this section], as amended by subsection (a).''
    Section 423(c) of Pub. L. 104-193 provided that subsec. (a) of this 
section was applicable to affidavits of support executed on or after a 
date specified by Attorney General, which date was to be not earlier 
than 60 days (and not later than 90 days) after date Attorney General 
formulated form for such affidavits under subsec. (b) of this section, 
prior to repeal by Pub. L. 104-208, div. C, title V, Sec. 551(b)(2), 
Sept. 30, 1996, 104 Stat. 3009-679.


                 Fees Relating to Affidavits of Support

    Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. A, title II, 
Sec. 232], Nov. 29, 1999, 113 Stat. 1536, 1501A-425, provided that:
    ``(a) Authority To Charge Fee.--The Secretary of State may charge 
and retain a fee or surcharge for services provided by the Department of 
State to any sponsor who provides an affidavit of support under section 
213A of the Immigration and Nationality Act (8 U.S.C. 1183a) to ensure 
that such affidavit is properly completed before it is forwarded to a 
consular post for adjudication by a consular officer in connection with 
the adjudication of an immigrant visa. Such fee or surcharge shall be in 
addition to and separate from any fee imposed for immigrant visa 
application processing and issuance, and shall recover only the costs of 
such services not recovered by such fee.
    ``(b) Limitation.--Any fee established under subsection (a) shall be 
charged only once to a sponsor or joint sponsors who file essentially 
duplicative affidavits of support in connection with separate immigrant 
visa applications from the spouse and children of any petitioner 
required by the Immigration and Nationality Act [8 U.S.C. 1101 et seq.] 
to petition separately for such persons.
    ``(c) Treatment of Fees.--Fees collected under the authority of 
subsection (a) shall be deposited as an offsetting collection to any 
Department of State appropriation to recover the cost of providing 
consular services.
    ``(d) Compliance With Budget Act.--Fees collected under the 
authority of subsection (a) shall be available only to such extent or in 
such amounts as are provided in advance in an appropriation Act.''


                    Pilot Programs To Require Bonding

    Section 564 of div. C of Pub. L. 104-208 provided that:
    ``(a) In General.--
        ``(1) The Attorney General of the United States shall establish 
    a pilot program in 5 district offices of the Immigration and 
    Naturalization Service to require aliens to post a bond in addition 
    to the affidavit requirements under section 213A of the Immigration 
    and Nationality Act [8 U.S.C. 1183a] and the deeming requirements 
    under section 421 of the Personal Responsibility and Work 
    Opportunity Reconciliation Act of 1996 (8 U.S.C. 1631). Any pilot 
    program established pursuant to this subsection shall require an 
    alien to post a bond in an amount sufficient to cover the cost of 
    benefits described in section 213A(d)(2)(B) of the Immigration and 
    Nationality Act (as amended by section 551(a) of this division) for 
    the alien and the alien's dependents and shall remain in effect 
    until the departure, naturalization, or death of the alien.
        ``(2) Suit on any such bonds may be brought under the terms and 
    conditions set forth in section 213A of the Immigration and 
    Nationality Act [8 U.S.C. 1183a].
    ``(b) Regulations.--Not later than 180 days after the date of the 
enactment of this Act [Sept. 30, 1996], the Attorney General shall issue 
regulations for establishing the pilot programs, including--
        ``(1) criteria and procedures for--
            ``(A) certifying bonding companies for participation in the 
        program, and
            ``(B) debarment of any such company that fails to pay a 
        bond, and
        ``(2) criteria for setting the amount of the bond to assure that 
    the bond is in an amount that is not less than the cost of providing 
    benefits under the programs described in subsection (a)(1) for the 
    alien and the alien's dependents for 6 months.
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section.
    ``(d) Annual Reporting Requirement.--Beginning 9 months after the 
date of implementation of the pilot program, the Attorney General shall 
submit annually to the Committees on the Judiciary of the House of 
Representatives and the Senate a report on the effectiveness of the 
program. The Attorney General shall submit a final evaluation of the 
program not later than 1 year after termination.
    ``(e) Sunset.--The pilot program under this section shall terminate 
after 3 years of operation.
    ``(f) Bonds in Addition to Sponsorship and Deeming Requirements.--
[Amended section 1183 of this title.]''


                  Benefits Not Subject to Reimbursement

    Section 423(d) of Pub. L. 104-193, as amended by Pub. L. 105-277, 
div. A, Sec. 101(f) [title VIII, Sec. 405(d)(3)(B), (f)(3)(B)], Oct. 21, 
1998, 112 Stat. 2681-337, 2681-419, 2681-430; Pub. L. 106-78, title VII, 
Sec. 752(b)(6), Oct. 22, 1999, 113 Stat. 1169, provided that: 
``Requirements for reimbursement by a sponsor for benefits provided to a 
sponsored alien pursuant to an affidavit of support under section 213A 
of the Immigration and Nationality Act [8 U.S.C. 1183a] shall not apply 
with respect to the following:
        ``(1) Medical assistance described in section 401(b)(1)(A) [8 
    U.S.C. 1611(b)(1)(A)] or assistance described in section 411(b)(1) 
    [8 U.S.C. 1621(b)(1)].
        ``(2) Short-term, non-cash, in-kind emergency disaster relief.
        ``(3) Assistance or benefits under the Richard B. Russell 
    National School Lunch Act [42 U.S.C. 1751 et seq.].
        ``(4) Assistance or benefits under the Child Nutrition Act of 
    1966 [42 U.S.C. 1771 et seq.].
        ``(5) Public health assistance for immunizations (not including 
    any assistance under title XIX of the Social Security Act [42 U.S.C. 
    1396 et seq.]) with respect to immunizable diseases and for testing 
    and treatment of symptoms of communicable diseases whether or not 
    such symptoms are caused by a communicable disease.
        ``(6) Payments for foster care and adoption assistance under 
    parts B and E of title IV of the Social Security Act [42 U.S.C. 620 
    et seq., 670 et seq.] for a parent or a child, but only if the 
    foster or adoptive parent (or parents) of such child is a qualified 
    alien (as defined in section 431 [8 U.S.C. 1641]).
        ``(7) Programs, services, or assistance (such as soup kitchens, 
    crisis counseling and intervention, and short-term shelter) 
    specified by the Attorney General, in the Attorney General's sole 
    and unreviewable discretion after consultation with appropriate 
    Federal agencies and departments, which (A) deliver in-kind services 
    at the community level, including through public or private 
    nonprofit agencies; (B) do not condition the provision of 
    assistance, the amount of assistance provided, or the cost of 
    assistance provided on the individual recipient's income or 
    resources; and (C) are necessary for the protection of life or 
    safety.
        ``(8) Programs of student assistance under titles IV, V, IX, and 
    X of the Higher Education Act of 1965 [20 U.S.C. 1070 et seq., 1101 
    et seq., 1134 et seq., 1135 et seq., 42 U.S.C. 2751 et seq.], and 
    titles III, VII, and VIII of the Public Health Service Act [42 
    U.S.C. 241 et seq., 292 et seq., 296 et seq.].
        ``(9) Benefits under the Head Start Act [42 U.S.C. 9831 et 
    seq.].
        ``(10) Means-tested programs under the Elementary and Secondary 
    Education Act of 1965 [20 U.S.C. 6301 et seq.].
        ``(11) Benefits under the [sic] title I of the Workforce 
    Investment Act of 1998 [29 U.S.C. 2801 et seq.].''

                  Section Referred to in Other Sections

    This section is referred to in sections 1182, 1183, 1371, 1631, 1632 
of this title; title 42 section 608.
