Aliens and Nationality - 8 USC Section 1183a

01/03/05

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
(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)(A).
(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)(A).
(5) Non-petitioning cases
Such term also includes an individual who does not meet the
requirement of paragraph (1)(D) but who -
(A) 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; or
(B) is a spouse, parent, mother-in-law, father-in-law,
sibling, child (if at least 18 years of age), son, daughter,
son-in-law, daughter-in-law, sister-in-law, brother-in-law,
grandparent, or grandchild of a sponsored alien or a legal
guardian of a sponsored alien, meets the requirements of
paragraph (1) (other than subparagraph (D)), and executes an
affidavit of support with respect to such alien in a case in
which -
(i) the individual petitioning under section 1154 of this
title for the classification of such alien died after the
approval of such petition; and
(ii) the Attorney General has determined for humanitarian
reasons that revocation of such petition under section 1155
of this title would be inappropriate.
(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
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.

AMENDMENTS
2002 - Subsec. (f)(2), (4)(B)(ii). Pub. L. 107-150, Sec. 2(a)(3),
substituted "paragraph (5)(A)" for "paragraph (5)".
Subsec. (f)(5). Pub. L. 107-150, Sec. 2(a)(1), amended heading
and text of par. (5) generally. Prior to amendment, text read as
follows: "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."
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 2002 AMENDMENT
Amendment by Pub. L. 107-150 applicable with respect to deaths
occurring before, on, or after Mar. 13, 2002, except that, in case
of death occurring before such date, such amendments shall apply
only if (1) the sponsored alien requests Attorney General to
reinstate the classification petition that was filed with respect
to the alien by deceased and approved under section 1154 of this
title before such death and demonstrates that he or she is able to
satisfy requirement of section 1182(a)(4)(C)(ii) of this title by
reason of such amendments; and (2) Attorney General reinstates such
petition after making the determination described in subsec.
(f)(5)(B)(ii) of this section, see section 2(b) of Pub. L. 107-150,
set out as a note under section 1182 of this title.
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, as amended by Pub.
L. 107-228, div. A, title II, Sec. 211(b), Sept. 30, 2002, 116
Stat. 1365, 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. Such fees shall remain available for
obligation until expended."
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.]."

Last modified: June 14, 2006

Court Opinions

State Laws

US Code

US Constitution

Aliens and Nationality - 8 USC Section 1183a