§ 213.1 - Admission under bond or cash deposit.

§ 213.1 Admission under bond or cash deposit.

Cross Reference

Link to an amendment published at 87 FR 55639, Sept. 9, 2022.

The district director having jurisdiction over the intended place of residence of an alien

(a) Public charge bonds for adjustment of status applicants. If, in the course of adjudicating an application for adjustment of status to that of a lawful permanent resident, USCIS determines that the alien is inadmissible only under section 212(a)(4) of the Act, and that the application for adjustment of status is otherwise approvable, USCIS may invite the alien to submit a public charge bond as a condition of approval of the adjustment of status application. Subject to the requirements of paragraph (c) of this section and 8 CFR 103.6, USCIS will set the bond amount and provide instructions for the submission of a public charge bond. Public charge bonds may be in the form of a surety bond or an agreement covering cash deposits.

(b) Public charge bonds requested by consular officers. USCIS may accept a public charge bond

prior to

before the issuance of an immigrant visa to the alien upon receipt of a request directly from a United States consular officer or upon presentation by an interested person of a notification from the consular officer requiring such a bond. The consular officer will set the amount of any such bond subject to paragraph (c) of this section and will provide instructions for the submission of a public charge bond. Upon acceptance of such a bond,

the district director shall

USCIS will notify the U.S. consular officer who requested the bond, giving the date and place of acceptance and the amount of the bond.

The district director having jurisdiction over the place where the examination for admission is being conducted or the special inquiry officer to whom the case is referred may exercise the authority contained in section 213 of the Act

(c) Form and amount of public charge bonds. All bonds and agreements covering cash deposits given as a condition of admission or adjustment of status of an alien under section 213 of the Act

shall

must be executed on

Form I-352 and shall

a form designated by USCIS for that purpose and be in the sum set by USCIS under paragraph (a) of this section for adjustment of status applicants or the consular officer under paragraph (b) of this section for immigrant visa applicants but not less than $1,000.

The officer accepting such deposit shall give his receipt therefor on Form I-305. For procedures

USCIS will provide a receipt to the alien or an interested person acting on the alien's behalf on a form designated by USCIS for such purpose. All public charge bonds are subject to the procedures established in 8 CFR 103.6 relating to bond riders, acceptable sureties, cancellation

or breaching

of bonds,

see § 103.6 of this chapter

and breach of bonds.

[86 87 FR 1422755639, MarSept. 159, 20212022]