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8 U.S.C. § 1183Admission of aliens on giving bond or undertaking; return upon permanent departure

submitted 74 years ago by ch. 477 to r/title-8-ALIENS-AND-NATIONALITY · 224 words · no verdicts yet

in plain englishAI-generated · not legal advice

An alien who is inadmissible under 8 U.S.C. § 1182(a)(4) may still be admitted, if otherwise admissible, when the Attorney General allows it and a suitable, approved bond or undertaking is given. The bond protects the United States and its subdivisions if the alien becomes a public charge, and it ends when the alien permanently leaves, becomes a citizen, or dies.

An alien who cannot be admitted under paragraph (4) of 8 U.S.C. § 1182(a) may nevertheless be admitted, if the alien is otherwise admissible, when the Attorney General chooses to admit the alien. This is subject to the affidavit-of-support requirement and the rule attributing a sponsor’s income and resources under 8 U.S.C. § 1183a. Admission requires the giving of a suitable and proper bond or undertaking approved by the Attorney General. The Attorney General sets its amount and conditions. The bond or undertaking must hold the United States and every State, territory, county, town, municipality, and district harmless if the alien becomes a public charge. The bond or undertaking ends when the alien permanently leaves the United States, is naturalized, or dies. Money or other security held to guarantee performance must be returned to the person who provided it, or to that person’s legal representatives, except for the part forfeited because the terms were violated. The proper law officers of the United States may bring a lawsuit on the bond or undertaking in the name of the United States, for the benefit of the United States or of any State, territory, district, county, town, or municipality where the alien becomes a public charge. They may do so whether or not anyone has demanded payment of public expenses. This section uses the terms “alien,” “admissible,” “public charge,” “bond,” and “undertaking.” This section does not define those terms.
the actual law source: uscode.house.gov ↗public domain

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.

Source credit: (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.)

history & why it existsrecord from the source credit
  • 1952Enacted · Act of June 27, 1952, ch. 477 · 66 Stat. 188
  • 1970Amended · Pub. L. 91-313 · 84 Stat. 413
  • 1990Amended · Pub. L. 101-649 · 104 Stat. 5083
  • 1996Amended · Pub. L. 104-208 · 110 Stat. 3009

A history note hasn’t been published yet. The record shows enactment by ch. 477 on 1952-06-27.

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