8 U.S.C. § 1183 — Admission of aliens on giving bond or un-

Page 216 TITLE 8—ALIENS AND NATIONALITY § 1182f references, see note set out under section 1551 of this title. § 1182f. Denial of entry into United States of Chi- nese and other nationals engaged in coerced organ or bodily tissue transplantation (a) Denial of entry Notwithstanding any other provision of law and except as provided in subsection (b), the Secretary shall direct consular officers not to issue a visa to any person whom the Secretary finds, based on credible and specific informa- tion, to have been directly involved with the co- ercive transplantation of human organs or bod- ily tissue, unless the Secretary has substantial grounds for believing that the foreign national 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 na- tional 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 con- taining 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 Na- tionality Act which comprises this chapter. Statutory Notes and Related Subsidiaries DEFINITIONS For definitions of ‘‘Secretary’’ and ‘‘appropriate con- gressional committees’’ as used in this section, see sec- tion 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 un- dertaking; return upon permanent departure An alien inadmissible under paragraph (4) of section 1182(a) of this title may, if otherwise ad- missible, be admitted in the discretion of the Attorney General (subject to the affidavit of support requirement and attribution of spon- sor’s income and resources under section 1183a of this title) upon the giving of a suitable and proper bond or undertaking approved by the At- torney 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 be- coming a public charge. Such bond or under- taking shall terminate upon the permanent de- parture from the United States, the naturaliza- tion, or the death of such alien, and any sums or other security held to secure performance there- of, except to the extent forfeited for violation of the terms thereof, shall be returned to the per- son by whom furnished, or to his legal represent- atives. 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 mu- nicipality 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, § 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 ‘‘inadmis- sible’’ 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 be- coming a public charge or because of physical dis- ability other than tuberculosis in any form, leprosy, or a dangerous contagious disease, and struck out provi- sions 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 provi- sions 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 effec- tive 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 individ- uals 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. Page 217 TITLE 8—ALIENS AND NATIONALITY § 1183a 1 See References in Text note below. § 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 offi- cer 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 enforce- able; (B) that is legally enforceable against the sponsor by the sponsored alien, the Federal Government, any State (or any political sub- division of such State), or by any other enti- ty that provides any means-tested public benefit (as defined in subsection (e) 1), con- sistent 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). (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 em- ployment, 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 deter- mining 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 cov- erage 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 mar- riage 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 Se- curity Act for any period beginning after De- cember 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) dur- ing 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 appli- cation 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 ben- efit, the appropriate nongovernmental enti- ty which provided such benefit or the appro- priate 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 unreim- bursed 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 reim- bursement under paragraph (1)(A), the ap- propriate 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 repay- ment 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 re- ceived 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 spon- sor or brings an action against the sponsor pursuant to the affidavit of support, the appro- priate entity may appoint or hire an indi- vidual or other person to act on behalf of such entity acting under the authority of law for purposes of collecting any amounts owed.