(June 27, 1952, ch. 477, title II, ch. 2, § 213A, as added Pub. L. 104–193, title IV, § 423(a),Aug. 22, 1996, 110 Stat. 2271; amended Pub. L. 104–208, div. C, title V, § 551(a),Sept. 30, 1996, 110 Stat. 3009–675; Pub. L. 107–150, § 2(a)(1), (3),Mar. 13, 2002, 116 Stat. 74, 75; Pub. L. 111–83, title V, § 568(e),Oct. 28, 2009, 123 Stat. 2187.)
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 (§ 401 et seq.) of chapter
, The Public Health and Welfare. For complete classification of this Act to the Code, see section
2009—Subsec. (f)(5)(B)(i), (ii). Pub. L. 111–83
, added cls. (i) and (ii) and struck out former cls. (i) and (ii), which read as follows:
“(i) the individual petitioning under section
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
of this title would be inappropriate.”
2002—Subsec. (f)(2), (4)(B)(ii). Pub. L. 107–150
, § 2(a)(3), substituted “paragraph (5)(A)” for “paragraph (5)”.
Subsec. (f)(5). Pub. L. 107–150
, § 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
of this title before such death and demonstrates that he or she is able to satisfy requirement of section
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) ofPub. L. 107–150
, set out as a note under section
of this title.
Effective Date of 1996 Amendments; Promulgation of Form
Section 551(c) of div. C of Pub. L. 104–208
“(1) In general.—The amendments made by this section [enacting this section, amending sections
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) ofPub. 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, § 551(b)(2),Sept. 30, 1996, 104 Stat. 3009–679
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
of this title.
Fees Relating to Affidavits of Support
Pub. L. 106–113
, div. B, § 1000(a)(7) [div. A, title II, § 232], Nov. 29, 1999, 113 Stat. 1536
, 1501A–425, as amended by Pub. L. 107–228
, div. A, title II, § 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
) 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
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
“(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
] and the deeming requirements under section 421 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8
). 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
“(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
of this title.]”
Benefits Not Subject to Reimbursement
Section 423(d) ofPub. L. 104–193
, as amended by Pub. L. 105–277
, div. A, § 101(f) [title VIII, § 405(d)(3)(B), (f)(3)(B)], Oct. 21, 1998, 112 Stat. 2681–337
, 2681–419, 2681–430; Pub. L. 106–78
, title VII, § 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
] shall not apply with respect to the following:
“(1) Medical assistance described in section
] or assistance described in section
“(2) Short-term, non-cash, in-kind emergency disaster relief.
“(3) Assistance or benefits under the Richard B. Russell National School Lunch Act [42
“(4) Assistance or benefits under the Child Nutrition Act of 1966 [42
“(5) Public health assistance for immunizations (not including any assistance under title XIX of the Social Security Act [42
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
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
“(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
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
et seq., 292
et seq., 296
“(9) Benefits under the Head Start Act [42
“(10) Means-tested programs under the Elementary and Secondary Education Act of 1965 [20
“(11) Benefits under the [sic] title I of the Workforce Investment Act of 1998 [29