8 U.s.c. §§ 1183

Page 179

TITLE 8—ALIENS AND NATIONALITY
CODIFICATION

Section was enacted as part of the Foreign Relations
Authorization Act, Fiscal Years 1998 and 1999, and also
as part of the Foreign Affairs Reform and Restructuring Act of 1998, and the Omnibus Consolidated and
Emergency Supplemental Appropriations Act, 1999, and
not as part of the Immigration and Nationality Act
which comprises this chapter.

§ 1182e. Denial of entry into United States of foreign nationals engaged in establishment or
enforcement of forced abortion or sterilization policy
(a) Denial of entry
Notwithstanding any other provision of law,
the Secretary of State may not issue any visa
to, and the Attorney General may not admit to
the United States, any foreign national whom
the Secretary finds, based on credible and specific information, to have been directly involved
in the establishment or enforcement of population control policies forcing a woman to undergo an abortion against her free choice or
forcing a man or woman to undergo sterilization
against his or her free choice, unless the Secretary has substantial grounds for believing that
the foreign national has discontinued his or her
involvement with, and support for, such policies.
(b) Exceptions
The prohibitions in subsection (a) shall not
apply in the case of a foreign national who is a
head of state, head of government, or cabinet
level minister.
(c) Waiver
The Secretary of State may waive the prohibitions in subsection (a) with respect to a foreign
national if the Secretary—
(1) determines that it is important to the national interest of the United States to do so;
and
(2) provides written notification to the appropriate congressional committees containing a justification for the waiver.
(Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title
VIII, § 801], Nov. 29, 1999, 113 Stat. 1536,
1501A–468.)
CODIFICATION
Section was enacted as part of the Admiral James W.
Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001, and not as part of
the Immigration and Nationality Act which comprises
this chapter.
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.

§ 1182f. Denial of entry into United States of Chinese 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

§ 1183

finds, based on credible and specific information, to have been directly involved with the coercive transplantation of human organs or bodily 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 national 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 containing a justification for the waiver.
(Pub. L. 107–228, div. A, title II, § 232, Sept. 30,
2002, 116 Stat. 1372.)
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 Nationality Act which comprises this chapter.
DEFINITIONS
For definitions of ‘‘Secretary’’ and ‘‘appropriate congressional committees’’ as used in this section, see section 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
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.

TITLE 8—ALIENS AND NATIONALITY

§ 1183a

(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.)
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 ‘‘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.
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.

§ 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 sub-

Page 180

division of such State), or by any other entity that provides any means-tested public
benefit (as defined in subsection (e) 1), 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).
(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)].
1 See

References in Text note below.