8 USC 1183a - Requirements for sponsor’s affidavit of support

U.S Code last checked for updates: Oct 17, 2024

§ 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

 See References in Text note below.

), 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

(3)

Termination of period of enforceability upon completion of required period of employment, etc.

(A)

In general

(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

(b)

Reimbursement of government expenses

(1)

Request for reimbursement

(A)

Requirement

(B)

Regulations

(2)

Actions to compel reimbursement

(A)

(B)

In case of failure to pay

(C)

Limitation on actions

(3)

Use of collection agencies

(c)

Remedies

(d)

Notification of change of address

(1)

General requirement

(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) 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), 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

(3)

Active duty armed services case

(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 the Secretary of Homeland Security has determined for humanitarian reasons that revocation of such petition under section 1155 of this title would be inappropriate; or

(ii)

the alien’s petition is being adjudicated pursuant to section 1154(l) of this title (surviving relative consideration).

(6)

Demonstration of means to maintain income

(A)

In general

(i)

Method of demonstration

(ii)

Flexibility

(iii)

Percent of poverty

(B)

Limitation

(h)

 So in original. Section enacted without a subsec. (g).

“Federal poverty line” defined

(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.

(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.)

cite as: 8 USC 1183a