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IMMIGRATION AND NATIONALITY ACT TITLE II - IMMIGRATION CHAPTER 2 -
QUALIFICATIONS FOR ADMISSION OF ALIENS; TRAVEL CONTROL OF CITIZENS AND
ALIENS



INA: ACT 213A - REQUIREMENTS FOR SPONSOR'S AFFIDAVIT OF SUPPORT 1/

Sec.  213A.  (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 212(a)(4) 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)), 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.-An affidavit of support shall be enforceable with
respect to benefits provided for an alien before the date the alien is
naturalized as a citizen of the United States, or, if earlier, the
termination date provided under paragraph
(3).

(3) Termination of period
of enforceability upon completion of required period of employment,
etc.-

(A) In general.-An
affidavit of support is not enforceable after such time as the alien (i)
has worked 40 qualifying quarters of coverage as defined under title II
of the Social Security Act or can be credited with such qualifying
quarters as provided under subparagraph (B), and (ii) in the case of any
such qualifying quarter creditable for any period beginning after
December 31, 1996, did not receive any Federal means-tested public
benefit (as provided under section 403 of the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996) during any such period.

(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 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 403 of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996) during
the period for which such qualifying quarter of coverage is so credited.

(C) Provision of
information to save system.-The Attorney General shall ensure that
appropriate information regarding the application of this paragraph is
provided to the system for alien verification of eligibility (SAVE)
described in section 1137(d)(3) of the Social Security Act. 

(b) Reimbursement of
Government Expenses.-

(1) Request for
reimbursement.-

(A) Requirement.-Upon
notification that a sponsored alien has received any means-tested public
benefit, the appropriate nongovernmental entity which provided such
benefit or the appropriate entity of the Federal Government, a State, or
any political subdivision of a State shall request reimbursement by the
sponsor in an amount which is equal to the unreimbursed costs of such
benefit. 

(B) Regulations.-The
Attorney General, in consultation with the heads of other appropriate
Federal agencies, shall prescribe such regulations as may be necessary
to carry out subparagraph (A). 

(2) Actions to compel
reimbursement.-

(A) In case of
nonresponse.-If within 45 days after a request for reimbursement under
paragraph (1)(A), the appropriate entity has not received a response
from the sponsor indicating a willingness to commence payment an action
may be brought against the sponsor pursuant to the affidavit of support.

(B) In case of failure to
pay.-If the sponsor fails to abide by the repayment terms established by
the appropriate entity, the entity may bring an action against the
sponsor pursuant to the affidavit of support. 

(C) Limitation on
actions.-No cause of action may be brought under this paragraph later
than 10 years after the date on which the sponsored alien last received
any means-tested public benefit to which the affidavit of support
applies. 

(3) Use of collection
agencies.-If the appropriate entity under paragraph
(1)(A) requests
reimbursement from the sponsor or brings an action against the sponsor
pursuant to the affidavit of support, the appropriate entity may appoint
or hire an individual or other person to act on behalf of such entity
acting under the authority of law for purposes of collecting any amounts
owed. 

(c) Remedies.-Remedies
available to enforce an affidavit of support under this section include
any or all of the remedies described in section 3201, 3203, 3204, or
3205 of title 28, United States Code, as well as an order for specific
performance and payment of legal fees and other costs of collection, and
include corresponding remedies available under State law.  A Federal
agency may seek to collect amounts owed under this section in accordance
with the provisions of subchapter II of chapter 37 of title 31, United
States Code. 

(d) Notification of Change
of Address.-

(1) General
requirement.-The sponsor shall notify the Attorney General and the State
in which the sponsored alien is currently a resident within 30 days of
any change of address of the sponsor during the period in which an
affidavit of support is enforceable. 

(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 401(b),
403(c)(2), or 411(b) of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996) 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 204 ; 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.-Such term also includes an individual who does not meet the
requirement of paragraph
(1)(E) but accepts joint and several liability
together with an individual under paragraph
(5).

(3) Active duty armed
services case.-Such term also includes an individual who does not meet
the requirement of paragraph (1)(E) but is on active duty (other than
active duty for training) in the Armed Forces of the United States, is
petitioning for the admission of the alien under section 204 as the
spouse or child of the individual, and demonstrates (as provided in
paragraph (6)) the means to maintain an annual income equal to at least
100 percent of the Federal poverty line. 

(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 203(b) 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 in the case of an affidavit for a spouse or minor child
of the petitioner 140 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). 

(5) Non-petitioning
case.-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. 

(6) Demonstration of means
to maintain income.-

(A) In general.-

(i) Method of
demonstration.-For purposes of this section, a demonstration of the
means to maintain income shall include provision of a certified copy of
the individual's Federal income tax return for the individual's 3 most
recent taxable years and a written statement, executed under oath or as
permitted under penalty of perjury under section 1746 of title 28,
United States Code, that the copies are certified copies of such
returns. 

(ii) Flexibility.-For
purposes of this section, aliens may demonstrate the means to maintain
income through demonstration of significant assets of the sponsored
alien or of the sponsor, if such assets are available for the support of
the sponsored alien. 

(iii) Percent of
poverty.-For purposes of this section, a reference to an annual income
equal to at least a particular percentage of the Federal poverty line
means an annual income equal to at least such percentage of the Federal
poverty line for a family unit of a size equal to the number of members
of the sponsor's household (including family and non-family dependents)
plus the total number of other dependents and aliens sponsored by that
sponsor. 

(B) Limitation.-The
Secretary of State, or the Attorney General in the case of adjustment of
status, may provide that the demonstration under subparagraph (A)
applies only to the most recent taxable year.(h)

(h)2/ Federal Poverty Line
Defined.-For purposes of this section, the term
"Federal poverty
line" means the level of income equal to the official poverty line (as
defined by the Director of the Office of Management and Budget, as
revised annually by the Secretary of Health and Human Services, in
accordance with section 673(2) of the Omnibus Budget Reconciliation Act
of 1981
(42 U.S.C. 9902)) that is applicable to a family of
the size involved. 

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