8 U.S.C. § 1183

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)
Section 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.

8 U.S.C. § 1183

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

AMENDMENTS1996- 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.

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 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 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.

Attorney General
The term "Attorney General" means the Attorney General of the United States.
Service
The term "Service" means the Immigration and Naturalization Service of the Department of Justice.
State
The term "State" includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands.
alien
The term "alien" means any person not a citizen or national of the United States.
naturalization
The term "naturalization" means the conferring of nationality of a state upon a person after birth, by any means whatsoever.
permanent
The term "permanent" means a relationship of continuing or lasting nature, as distinguished from temporary, but a relationship may be permanent even though it is one that may be dissolved eventually at the instance either of the United States or of the individual, in accordance with law.
person
The term "person" means an individual or an organization.
admitted
The terms "admission" and "admitted" mean, with respect to an alien, the lawful entry of the alien into the United States after inspection and authorization by an immigration officer.
admission
The terms "admission" and "admitted" mean, with respect to an alien, the lawful entry of the alien into the United States after inspection and authorization by an immigration officer.