61.1 Posting, Cancellation and Breaching of Public Charge Bonds.

(a) Authority .

Section 213 of the Act provides for the posting of a public charge bond under certain circumstances. An alien inadmissible under paragraph (4) of section 212(a) may, if otherwise admissible, be admitted to the United States in an exercise of discretion (subject to the affidavit of support requirement and attribution of sponsor's income and resources under section 213A) upon the posting of a suitable and proper bond or undertaking, in such amount and containing such conditions as may be prescribed. The bond is inten ded as a guarantee holding the United States and its political subdivisions harmless against the alien becoming a public charge. The bond or undertaking terminates upon the permanent departure from the United States, the naturalization, or the death of the alien. Upon termination for these reasons, any sums or other security held to secure its performance, except to the extent it is forfeited for violation of its terms, must be returned to the person who posted the bond, or to his legal representatives. [ See also 8 CFR 213 .]

(b) Policy .

Although USCIS has the authority to require a public charge bond, such authority is rarely exercised in light of the statutory changes contained in the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) which created the enforceable affidavit of support (see Chapter 20.5 of this field manual).

(c) Procedures .

See 8 CFR 103.6(c)(1) and Chapter 12 of the Deportation Officer’s Field Manual for procedural information on the posting, breaching and cancellation of bonds.