8 U.S.C. § 1183

Admission of aliens on giving bond or undertaking; return upon permanent departure

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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.

Notes of Decisions

Cited in 22 cases (3 in the last 5 years), 1954–2025 · leading case: Love v. Love

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Love v. Love (2011) pasuperct · cites it 3× “In order to facilitate Wife’s lawful immigration status and permit her to become a permanent resident of the United States, Husband executed an Affidavit pursuant to § 213A of the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1183 (a), on March 4, 2008. The Affidavit…”

Oyenike Alaka v. Attorney General of the United States Secretary of Department of Homeland Security (2006) ca3 “§ 1182 (g)(3) ("in the discretion of the Attorney General”); 8 U.S.C. § 1183 ("in *98 the discretion of the Attorney General”); 8 U.”

Zhu v. Deng (2016) ncctapp · cites it 2× “8 U.S.C. § 1183 (a)(1)(A). The affidavit also, however, specifies several excusing conditions, such as the sponsor's death or the alien's being employed for 40 quarters (also specified as an excusing condition in the statute, 8 U.”

Graham v. Richardson (1971) scotus “8 U. S. C. § 1183 . But Congress has not seen fit to impose any burden or restriction on aliens who become indigent after their entry into the United States.”

Drax v. Reno (2003) ca2 “See INA § 203, 8 U.S.C. § 1183 ; 8 C.F.R. § 204.2 . 22 The priority date is the date on which the approved 1-130 petition was filed.”

Shumye v. Felleke (2008) cand “The Court disagrees, and finds this method inconsistent with the requirement under 8 U.S.C. § 1183 (a)(1)(A) that Defendant maintain Plaintiff “at an annual income” that is not less than the 125% poverty threshold.”

ARTIGAS (2001) bia “See Matter of Ulloa, Interim Decision 3393 (BIA 1999) (holding that the regulations specifically give Immigration Judges the authority to grant or deny an alien a waiver of inadmissibility under section 213 of the Act, 8 U.S.C. § 1183 (Supp. II 1996)). Where the regulations…”

Montgomery v. Montgomery (2011) nhd “§ 1331 , because the plaintiffs’ claim arises under federal law— namely, 8 U.S.C. § 1183 (e)(1), which provides that “[a]n action to enforce an affidavit of support .”

Zhu v. Immigration & Naturalization Service (2004) dcd “§ 1182 (k) ("in the discretion of the Attorney General”); 8 U.S.C. § 1183 ("in the discretion of the Attorney General"); 8 U.”

County of San Diego v. Viloria (1969) calctapp “( 8 U.S.C.A. § 1183 .) The consular officer has authority “to require such documents as he may consider necessary to establish the alien’s eligibility to receive” a visa.”

Villars v. Villars (2013) alaska “Adding even the lower of the sets of these figures to the miscellaneous offsets found by the court (Olga’s earnings of $175, Richard’s payments of $1,458, and Richard’s support after he relinquished guardianship and before the end of 2010 at a “minimum” of $275), the total of…”

Al-Aromah v. Tomaszewicz (2019) vawd · cites it 2× “Al-Aromah filed this action pursuant to 8 U.S.C. § 1183 to enforce the Affidavit of Support, alleging that Tomaszewicz provided no support between the date of the parties’ separation on June 7, 2016, and the date of the Spousal Support Order, December 14, 2016.”

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