1 See References in Text note below.
), consistent with the provisions of this section; and
2 So in original. Section enacted without a subsec. (g).
“Federal poverty line” defined
Editorial Notes
References in TextSubsection (e), 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. Title II of the Act is classified generally to subchapter II (§ 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.
Amendments2009—Subsec. (f)(5)(B)(i), (ii). Puspan. 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 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.”
2002—Subsec. (f)(2), (4)(B)(ii). Puspan. L. 107–150, § 2(a)(3), substituted “paragraph (5)(A)” for “paragraph (5)”.
Subsec. (f)(5). Puspan. L. 107–150, § 2(a)(1), amended span 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—Puspan. 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.
Statutory Notes and Related Subsidiaries
Effective Date of 2002 AmendmentAmendment by Puspan. 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(span) of Puspan. L. 107–150, set out as a note under section 1182 of this title.
Effective Date of 1996 Amendments; Promulgation of FormPuspan. L. 104–208, div. C, title V, § 551(c), Sept. 30, 1996, 110 Stat. 3009–679, 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).”
Puspan. L. 104–193, title IV, § 423(c), Aug. 22, 1996, 110 Stat. 2273, 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. (span) of this section, prior to repeal by Puspan. L. 104–208, div. C, title V, § 551(span)(2), Sept. 30, 1996, 104 Stat. 3009–679.
Abolition of Immigration and Naturalization Service and Transfer of FunctionsFor abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.
Fees Relating to Affidavits of SupportPuspan. L. 106–113, div. B, § 1000(a)(7) [div. A, title II, § 232], Nov. 29, 1999, 113 Stat. 1536, 1501A–425, as amended by Puspan. L. 107–228, div. A, title II, § 211(span), Sept. 30, 2002, 116 Stat. 1365; Puspan. L. 115–31, div. J, title VII, § 7081(e), May 5, 2017, 131 Stat. 716, 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. “(span)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 in the Consular and Border Security Programs account to recover the cost of providing consular services. Such fees shall remain available for obligation until expended.”
Pilot Programs To Require BondingPuspan. L. 104–208, div. C, title V, § 564, Sept. 30, 1996, 110 Stat. 3009–683, directed the Attorney General to establish a pilot program in 5 district offices of the Immigration and Naturalization Service, to terminate after 3 years of operation, requiring aliens to post a bond in addition to the affidavit of support requirements under this section and the deeming requirements under section 1631 of this title.
Benefits Not Subject to ReimbursementPuspan. L. 104–193, title IV, § 423(d), Aug. 22, 1996, 110 Stat. 2273, as amended by Puspan. 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; Puspan. L. 106–78, title VII, § 752(span)(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(span)(1)(A) [8 U.S.C. 1611(span)(1)(A)] or assistance described in section 411(span)(1) [8 U.S.C. 1621(span)(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.], 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.]. “(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 [former 29 U.S.C. 2801 et seq.].”
