8 U.S.C. § 1151
Exclusive of aliens described in subsection (b), aliens born in a foreign state or dependent area who may be issued immigrant visas or who may otherwise acquire the status of an alien lawfully admitted to the United States for permanent residence are limited to-
Aliens described in this subsection, who are not subject to the worldwide levels or numerical limitations of subsection (a), are as follows:
The worldwide level of diversity immigrants is equal to 55,000 for each fiscal year.
Except as provided in paragraphs (2) and (3), for purposes of subsection (b)(2)(A)(i), a determination of whether an alien satisfies the age requirement in the matter preceding subparagraph (A) of section 1101(b)(1) of this title shall be made using the age of the alien on the date on which the petition is filed with the Attorney General under section 1154 of this title to classify the alien as an immediate relative under subsection (b)(2)(A)(i).
In the case of a petition under section 1154 of this title initially filed for an alien child's classification as a family-sponsored immigrant under section 1153(a)(2)(A) of this title, based on the child's parent being lawfully admitted for permanent residence, if the petition is later converted, due to the naturalization of the parent, to a petition to classify the alien as an immediate relative under subsection (b)(2)(A)(i), the determination described in paragraph (1) shall be made using the age of the alien on the date of the parent's naturalization.
In the case of a petition under section 1154 of this title initially filed for an alien's classification as a family-sponsored immigrant under section 1153(a)(3) of this title, based on the alien's being a married son or daughter of a citizen, if the petition is later converted, due to the legal termination of the alien's marriage, to a petition to classify the alien as an immediate relative under subsection (b)(2)(A)(i) or as an unmarried son or daughter of a citizen under section 1153(a)(1) of this title, the determination described in paragraph (1) shall be made using the age of the alien on the date of the termination of the marriage.
Paragraphs (1) through (3) shall apply to self-petitioners and derivatives of self-petitioners.
8 U.S.C. § 1151
EDITORIAL NOTES
AMENDMENTS2009-Subsec. (b)(2)(A)(i). Pub. L. 111-83 struck out "for at least 2 years at the time of the citizen's death" before "and was not legally separated" in second sentence. 2006-Subsec. (f)(4). Pub. L. 109-162 added par. (4).2002-Subsec. (f). Pub. L. 107-208 added subsec. (f).2000-Subsec. (b)(2)(A)(i). Pub. L. 106-386 inserted at end "For purposes of this clause, an alien who has filed a petition under clause (iii) or (iv) of section 1154(a)(1)(A) of this title remains an immediate relative in the event that the United States citizen spouse or parent loses United States citizenship on account of the abuse."1996-Subsec. (b)(1)(C). Pub. L. 104-208, §671(d)(1)(A), struck out ", 1161," after "section 1160". Subsec. (b)(1)(D). Pub. L. 104-208, §308(g)(8)(A)(i), substituted "section 1229b(a)" for "section 1254(a)". Pub. L. 104-208, §308(e)(5), substituted "removal is canceled" for "deportation is suspended".Subsec. (c)(1)(A)(ii). Pub. L. 104-208, §603(1), amended cl. (ii) generally. Prior to amendment, cl. (ii) read as follows: "the number computed under paragraph (2), plus".Subsec. (c)(4), (5). Pub. L. 104-208, §603(2), added pars. (4) and (5). 1994-Subsec. (b)(2)(A)(i). Pub. L. 103-416 inserted "(and each child of the alien)" after "death, the alien" in second sentence. Pub. L. 103-322 substituted "1154(a)(1)(A)(ii)" for "1154(a)(1)(A)".1991-Subsec. (c)(3). Pub. L. 102-232, §302(a)(1)(A), added subpars. (A) and (B), designated existing text as subpar. (C), and in subpar. (C) substituted "The number computed under this paragraph for a subsequent fiscal year" for "The number computed under this paragraph for a fiscal year".Subsec. (d)(2). Pub. L. 102-232, §302(a)(1)(B), added subpars. (A) and (B), designated existing text as subpar. (C), and in subpar. (C) substituted "The number computed under this paragraph for a subsequent fiscal year" for "The number computed under this paragraph for a fiscal year".1990- Pub. L. 101-649 amended section generally, substituting provisions setting forth general and worldwide levels for family-sponsored, employment-based, and diversity immigrants, for provisions setting forth numerical limitations on total lawful admissions without breakdown as to type. 1981-Subsec. (a). Pub. L. 97-116 inserted proviso authorizing Secretary of State, to the extent that in a particular fiscal year the number of aliens who are issued immigrant visas or who otherwise acquire the status of aliens lawfully admitted for permanent residence, and who are subject to the numerical limitations of this section, together with the aliens who adjust their status to aliens lawfully admitted for permanent residence pursuant to section 1101(a)(27)(H) of this title or section 19 of the Immigration and Nationality Amendments of 1981, exceed the annual numerical limitation in effect, to reduce to such extent the annual numerical limitation in effect for the following fiscal year. 1980-Subsec. (a). Pub. L. 96-212 inserted provisions relating to aliens admitted or granted asylums under section 1157 or 1158 of this title, struck out provisions relating to aliens entering conditionally under section 1153(a)(7) of this title, and decreased the authorized number from seventy-seven thousand to seventy-two thousand in each of the first three-quarters of any fiscal year, and from two hundred and ninety thousand to two hundred and seventy thousand in any fiscal year as the maximum number of admissions for such periods.1978-Subsec. (a). Pub. L. 95-412 substituted provisions establishing a single worldwide annual immigration ceiling of 290,000 aliens and limiting to 77,000 the number of aliens subject to such ceiling which may be admitted in each of the first three quarters of any fiscal year for provisions establishing separate annual immigration ceilings of 170,000 aliens for the Eastern Hemisphere and 120,000 aliens for the Western Hemisphere and limiting to 45,000 the number of aliens subject to the Eastern Hemisphere ceiling and to 32,000 the number of aliens subject to the Western Hemisphere ceiling which may be admitted in the first three quarters of any fiscal year.1976-Subsec. (a). Pub. L. 94-571, §2(1), in amending subsec. (a) generally, designated existing provisions as cl. (1) limited to aliens born in any foreign state or dependent area located in the Eastern Hemisphere and added cl. (2). Subsecs. (c) to (e). Pub. L. 94-571, §2(2), struck out subsec. (c) which provided for determination of unused quota numbers, subsec. (d) which provided for an immigration pool, limitation on total numbers, and allocations therefrom, and subsec. (e) which provided for termination of immigration pool on June 30, 1968, and for carryover of admissible immigrants. 1965-Subsec. (a). Pub. L. 89-236 substituted provisions setting up a 170,000 maximum on total annual immigration and 45,000 maximum on total quarterly immigration without regard to national origins, for provisions setting an annual quota for quota areas which allowed admission of one-sixth of one per centum of portion of national population of continental United States in 1920 attributable by national origin of that quota area and setting a minimum quota of 100 for each quota area.Subsec. (b). Pub. L. 89-236 substituted provisions defining "immediate relatives" for provisions calling for a determination of annual quota for each quota area by Secretaries of State and Commerce and Attorney General, and proclamation of quotas by President.Subsec. (c). Pub. L. 89-236 substituted provisions allowing carryover through June 30, 1968, of quotas for quota areas in effect on June 30, 1965, and redistribution of unused quota numbers, for provisions which limited issuance of immigrant visas.Subsec. (d). Pub. L. 89-236 substituted provisions creating an immigration pool and allocating its numbers without reference to the quotas to which an alien is chargeable, for provisions allowing issuance of an immigrant visa to an immigrant as a quota immigrant even though he might be a nonquota immigrant. Subsec. (e). Pub. L. 89-236 substituted provisions terminating the immigration pool on June 30, 1968, for provisions permitting reduction of annual quotas based on national origins pursuant to Act of Congress prior to effective date of proclaimed quotas.
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2009 AMENDMENT Pub. L. 111-83, title V, §568(c)(2), Oct. 28, 2009, 123 Stat. 2186, provided that:"(A) IN GENERAL.-The amendment made by paragraph (1) [amending this section] shall apply to all applications and petitions relating to immediate relative status under section 201(b)(2)(A)(i) of the Immigration and Nationality Act ( 8 U.S.C. 1151(b)(2)(A)(i) ) pending on or after the date of the enactment of this Act [Oct. 28, 2009]. "(B) TRANSITION CASES.- "(i) IN GENERAL.-Notwithstanding any other provision of law, an alien described in clause (ii) who seeks immediate relative status pursuant to the amendment made by paragraph (1) shall file a petition under section 204(a)(1)(A)(ii) of the Immigration and Nationality Act ( 8 U.S.C. 1154(a)(1)(A)(ii) ) not later than the date that is 2 years after the date of the enactment of this Act. "(ii) ALIENS DESCRIBED.-An alien is described in this clause if-"(I) the alien's United States citizen spouse died before the date of the enactment of this Act;"(II) the alien and the citizen spouse were married for less than 2 years at the time of the citizen spouse's death; and "(III) the alien has not remarried."
EFFECTIVE DATE OF 2002 AMENDMENT Pub. L. 107-208, §8, Aug. 6, 2002, 116 Stat. 930, provided that: "The amendments made by this Act [amending this section and sections 1153, 1154, 1157, and 1158 of this title] shall take effect on the date of the enactment of this Act [Aug. 6, 2002] and shall apply to any alien who is a derivative beneficiary or any other beneficiary of-"(1) a petition for classification under section 204 of the Immigration and Nationality Act ( 8 U.S.C. 1154 ) approved before such date but only if a final determination has not been made on the beneficiary's application for an immigrant visa or adjustment of status to lawful permanent residence pursuant to such approved petition;"(2) a petition for classification under section 204 of the Immigration and Nationality Act ( 8 U.S.C. 1154 ) pending on or after such date; or"(3) an application pending before the Department of Justice or the Department of State on or after such date."
EFFECTIVE DATE OF 1996 AMENDMENT Amendment by section 308(e)(5), (g)(8)(A)(i) 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.
EFFECTIVE DATE OF 1994 AMENDMENTS Amendment by Pub. L. 103-416 effective as if included in the enactment of the Immigration Act of 1990, Pub. L. 101-649 see section 219(dd) of Pub. L. 103-416 set out as a note under section 1101 of this title. Pub. L. 103-322, title IV, §40701(d), Sept. 13, 1994, 108 Stat. 1955, provided that: "The amendments made by this section [amending this section and section 1154 of this title] shall take effect January 1, 1995."
EFFECTIVE DATE OF 1991 AMENDMENT Amendment by Pub. L. 102-232 effective as if included in the enactment of the Immigration Act of 1990, Pub. L. 101-649 see section 310(1) of Pub. L. 102-232 set out as a note under section 1101 of this title.
EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-649 effective Oct. 1, 1991, and applicable beginning with fiscal year 1992, see section 161(a) of Pub. L. 101-649 set out as a note under section 1101 of this title.
EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97-116 effective Dec. 29, 1981, see section 21(a) of Pub. L. 97-116 set out as a note under section 1101 of this title.
EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-212 effective, except as otherwise provided, Mar. 17, 1980, and applicable to fiscal years beginning with the fiscal year beginning Oct. 1, 1979, see section 204 of Pub. L. 96-212 set out as a note under section 1101 of this title.
EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94-571 effective on first day of first month which begins more than sixty days after Oct. 20, 1976, see section 10 of Pub. L. 94-571 set out as a note under section 1101 of this title.
EFFECTIVE DATE OF 1965 AMENDMENT Pub. L. 89-236, §20, Oct. 3, 1965, 79 Stat. 920, provided that: "This Act [amending this section and sections 1101, 1152 to 1156, 1181, 1182, 1201, 1202, 1204, 1251, 1253, 1254, 1255, 1259, 1322, and 1351 of this title, repealing section 1157 of this title, and enacting provisions set out as a note under this section] shall become effective on the first day of the first month after the expiration of thirty days following the date of its enactment [Oct. 3, 1965] except as provided herein."
ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF FUNCTIONS For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.
EXTENSION OF POSTHUMOUS BENEFITS TO SURVIVING SPOUSES, CHILDREN, AND PARENTS Pub. L. 108-136, div. A, title XVII, §1703(a)-(e), Nov. 24, 2003, 117 Stat. 1693, provided that: "(a) TREATMENT AS IMMEDIATE RELATIVES.-"(1) SPOUSES.-Notwithstanding the second sentence of section 201(b)(2)(A)(i) of the Immigration and Nationality Act ( 8 U.S.C. 1151(b)(2)(A)(i) ), in the case of an alien who was the spouse of a citizen of the United States at the time of the citizen's death and was not legally separated from the citizen at the time of the citizen's death, if the citizen served honorably in an active duty status in the military, air, or naval forces of the United States and died as a result of injury or disease incurred in or aggravated by combat, the alien (and each child of the alien) shall be considered, for purposes of section 201(b) of such Act, to remain an immediate relative after the date of the citizen's death, but only if the alien files a petition under section 204(a)(1)(A)(ii) of such Act [ 8 U.S.C. 1154(a)(1)(A)(ii) ] within 2 years after such date and only until the date the alien remarries. For purposes of such section 204(a)(1)(A)(ii), an alien granted relief under the preceding sentence shall be considered an alien spouse described in the second sentence of section 201(b)(2)(A)(i) of such Act."(2) CHILDREN.-"(A) IN GENERAL.-In the case of an alien who was the child of a citizen of the United States at the time of the citizen's death, if the citizen served honorably in an active duty status in the military, air, or naval forces of the United States and died as a result of injury or disease incurred in or aggravated by combat, the alien shall be considered, for purposes of section 201(b) of the Immigration and Nationality Act ( 8 U.S.C. 1151(b) ), to remain an immediate relative after the date of the citizen's death (regardless of changes in age or marital status thereafter), but only if the alien files a petition under subparagraph (B) within 2 years after such date."(B) PETITIONS.-An alien described in subparagraph (A) may file a petition with the Secretary of Homeland Security for classification of the alien under section 201(b)(2)(A)(i) of the Immigration and Nationality Act ( 8 U.S.C. 1151(b)(2)(A)(i) ). For purposes of such Act [ 8 U.S.C. 1101 et seq.], such a petition shall be considered a petition filed under section 204(a)(1)(A) of such Act ( 8 U.S.C. 1154(a)(1)(A) )."(3) PARENTS.-"(A) IN GENERAL.-In the case of an alien who was the parent of a citizen of the United States at the time of the citizen's death, if the citizen served honorably in an active duty status in the military, air, or naval forces of the United States and died as a result of injury or disease incurred in or aggravated by combat, the alien shall be considered, for purposes of section 201(b) of the Immigration and Nationality Act ( 8 U.S.C. 1151(b) ), to remain an immediate relative after the date of the citizen's death (regardless of changes in age or marital status thereafter), but only if the alien files a petition under subparagraph (B) within 2 years after such date."(B) PETITIONS.-An alien described in subparagraph (A) may file a petition with the Secretary of Homeland Security for classification of the alien under section 201(b)(2)(A)(i) of the Immigration and Nationality Act ( 8 U.S.C. 1151(b)(2)(A)(i) ). For purposes of such Act, such a petition shall be considered a petition filed under section 204(a)(1)(A) of such Act ( 8 U.S.C. 1154(a)(1)(A) )."(C) EXCEPTION.-Notwithstanding section 201(b)(2)(A)(i) of the Immigration and Nationality Act ( 8 U.S.C. 1151(b)(2)(A)(i) ), for purposes of this paragraph, a citizen described in subparagraph (A) does not have to be 21 years of age for a parent to benefit under this paragraph."(b) APPLICATIONS FOR ADJUSTMENT OF STATUS BY SURVIVING SPOUSES, CHILDREN, AND PARENTS.-"(1) IN GENERAL.-Notwithstanding subsections (a) and (c) of section 245 of the Immigration and Nationality Act ( 8 U.S.C. 1255 ), any alien who was the spouse, child, or parent of an alien described in paragraph (2), and who applied for adjustment of status prior to the death described in paragraph (2)(B), may have such application adjudicated as if such death had not occurred. "(2) ALIEN DESCRIBED.-An alien is described in this paragraph if the alien-"(A) served honorably in an active duty status in the military, air, or naval forces of the United States;"(B) died as a result of injury or disease incurred in or aggravated by combat; and"(C) was granted posthumous citizenship under section 329A of the Immigration and Nationality Act ( 8 U.S.C. 1440-1 ). "(c) SPOUSES AND CHILDREN OF LAWFUL PERMANENT RESIDENT ALIENS.-"(1) TREATMENT AS IMMEDIATE RELATIVES.- "(A) IN GENERAL.-A spouse or child of an alien described in paragraph (3) who is included in a petition for classification as a family-sponsored immigrant under section 203(a)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1153(a)(2) ) that was filed by such alien, shall be considered (if the spouse or child has not been admitted or approved for lawful permanent residence by such date) a valid petitioner for immediate relative status under section 201(b)(2)(A)(i) of the Immigration and Nationality Act ( 8 U.S.C. 1151(b)(2)(A)(i) ). Such spouse or child shall be eligible for deferred action, advance parole, and work authorization."(B) PETITIONS.-An alien spouse or child described in subparagraph (A) may file a petition with the Secretary of Homeland Security for classification of the alien under section 201(b)(2)(A)(i) of the Immigration and Nationality Act ( 8 U.S.C. 1151(b)(2)(A)(i) ). For purposes of such Act [ 8 U.S.C. 1101 et seq.], such a petition shall be considered a petition filed under section 204(a)(1)(A) of such Act ( 8 U.S.C. 1154(a)(1)(A) )."(2) SELF-PETITIONS.-Any spouse or child of an alien described in paragraph (3) who is not a beneficiary of a petition for classification as a family-sponsored immigrant may file a petition for such classification under section 201(b)(2)(A)(i) of the Immigration and Nationality Act ( 8 U.S.C. 1151(b)(2)(A)(i) ) with the Secretary of Homeland Security, but only if the spouse or child files a petition within 2 years after such date. Such spouse or child shall be eligible for deferred action, advance parole, and work authorization."(3) ALIEN DESCRIBED.-An alien is described in this paragraph if the alien- "(A) served honorably in an active duty status in the military, air, or naval forces of the United States;"(B) died as a result of injury or disease incurred in or aggravated by combat; and "(C) was granted posthumous citizenship under section 329A of the Immigration and Nationality Act ( 8 U.S.C. 1440-1 )."(d) PARENTS OF LAWFUL PERMANENT RESIDENT ALIENS.-"(1) SELF-PETITIONS.-Any parent of an alien described in paragraph (2) may file a petition for classification under section 201(b)(2)(A)(i) of the Immigration and Nationality Act ( 8 U.S.C. 1151(b)(2)(A)(i) ), but only if the parent files a petition within 2 years after such date. For purposes of such Act [ 8 U.S.C. 1101 et seq.], such petition shall be considered a petition filed under section 204(a)(1)(A) of such Act ( 8 U.S.C. 1154(a)(1)(A) ). Such parent shall be eligible for deferred action, advance parole, and work authorization. "(2) ALIEN DESCRIBED.-An alien is described in this paragraph if the alien-"(A) served honorably in an active duty status in the military, air, or naval forces of the United States;"(B) died as a result of injury or disease incurred in or aggravated by combat; and"(C) was granted posthumous citizenship under section 329A of the Immigration and Nationality Act ( 8 U.S.C. 1440-1 ). "(e) WAIVER OF GROUND FOR INADMISSIBILITY.-In determining the admissibility of any alien accorded an immigration benefit under this section for purposes of the Immigration and Nationality Act [ 8 U.S.C. 1101 et seq.], the ground for inadmissibility specified in section 212(a)(4) of such Act ( 8 U.S.C. 1182(a)(4) ) shall not apply."[ Section 1703 of Pub. L. 108-136 set out above, effective as if enacted on Sept. 11, 2001, see section 1705(a) of Pub. L. 108-136 set out as an Effective Date of 2003 Amendment note under section 1439 of this title.]
TEMPORARY REDUCTION IN DIVERSITY VISAS Pub. L. 105-100, title II, §203(d), Nov. 19, 1997, 111 Stat. 2199, as amended by Pub. L. 105-139, §1(d), Dec. 2, 1997, 111 Stat. 2644; Pub. L. 118-31, div. E, title LI, §5104(c), Dec. 22, 2023, 137 Stat. 938, provided that:"(1) Beginning in fiscal year 1999, subject to paragraph (2), the number of visas available for a fiscal year under section 201(e) of the Immigration and Nationality Act [ 8 U.S.C. 1151(e) ] shall be reduced by 5,000 from the number of visas otherwise available under that section for such fiscal year."(2) In no case shall the reduction under paragraph (1) for a fiscal year exceed the amount by which-"(A) the sum of-"(i) one-half of the total number of individuals described in subclauses (I), (II), (III), and (IV) of section 309(c)(5)(C)(i) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1101 note; Public Law 104-208) who have adjusted their status to that of aliens lawfully admitted for permanent residence under section 202 of the Nicaraguan Adjustment and Central American Relief Act ( Public Law 105-100; 8 U.S.C. 1255 note) as of the end of the previous fiscal year; and"(ii) the total number of individuals described in section 101(a)(27)(D) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(27)(D) ) for whom visas shall have been made available under section 5104 of the National Defense Authorization Act for Fiscal Year 2024 [ Pub. L. 118-31 8 U.S.C. 1153 note] as of the end of the previous fiscal year; exceeds"(B) the total of the reductions in available visas under this subsection for all previous fiscal years."(3)(A) Paragraph (1) shall not apply in a fiscal year following a fiscal year for which the sum calculated under paragraph (2)(A), minus the number in paragraph (2)(B), is zero."(B) Nothing in this paragraph may be construed-"(i) to repeal, modify, or render permanently inapplicable paragraph (1); or"(ii) to prevent the offsetting of the number of visas described in that paragraph for the purpose of providing visa availability for aliens described in section 5104 of the National Defense Authorization Act for Fiscal Year 2024 [ Pub. L. 118-31 8 U.S.C. 1153 note]."(4) In the event that the number of visas available for a fiscal year under section 201(e) of the Immigration and Nationality Act ( 8 U.S.C. 1151(e) ) is reduced to a number fewer than 50,000, not fewer than 3,000 of such visas shall be made available for individuals described in section 5104 of the National Defense Authorization Act for Fiscal Year 2024."
TRANSITION RELATING TO DEATH OF CITIZEN SPOUSE Pub. L. 101-649, title I, §101(c), as added by Pub. L. 102-232, title III, §302(a)(2), Dec. 12, 1991, 105 Stat. 1742, provided that: "In applying the second sentence of section 201(b)(2)(A)(i) of the Immigration and Nationality Act [ 8 U.S.C. 1151(b)(2)(A)(i) ] (as amended by subsection (a)) in the case of a [sic] alien whose citizen spouse died before the date of the enactment of this Act [Nov. 29, 1990], notwithstanding the deadline specified in such sentence the alien spouse may file the classification petition referred to in such sentence within 2 years after the date of the enactment of this Act."
INAPPLICABILITY OF NUMERICAL LIMITATIONS FOR CERTAIN ALIENS RESIDING IN THE UNITED STATES VIRGIN ISLANDSThe numerical limitations described in subsec. (a) of this section not to apply in the case of certain aliens residing in the Virgin Islands seeking adjustment of their status to permanent resident alien status, and such adjustment of status not to result in any reduction in the number of aliens who may acquire the status of aliens lawfully admitted to the United States for permanent residence under this chapter, see section 2(c)(1) of Pub. L. 97-271 set out as a note under section 1255 of this title.
EXEMPTION FROM NUMERICAL LIMITATIONS FOR CERTAIN ALIENS WHO APPLIED FOR ADJUSTMENT TO STATUS OF PERMANENT RESIDENT ALIENS ON OR BEFORE JUNE 1, 1978Pub. L. 97-116, §19, Dec. 29, 1981, 95 Stat. 1621, provided that: "The numerical limitations contained in sections 201 and 202 of the Immigration and Nationality Act [sections 1151 and 1152 of this title] shall not apply to any alien who is present in the United States and who, on or before June 1, 1978-"(1) qualified as a nonpreference immigrant under section 203(a)(8) of such Act [section 1153(a)(8) of this title] (as in effect on June 1, 1978);"(2) was determined to be exempt from the labor certification requirement of section 212(a)(14) of such Act [former section 1182(a)(14) of this title] because the alien had actually invested, before such date, capital in an enterprise in the United States of which the alien became a principal manager and which employed a person or persons (other than the spouse or children of the alien) who are citizens of the United States or aliens lawfully admitted for permanent residence; and"(3) applied for adjustment of status to that of an alien lawfully admitted for permanent residence."
SELECT COMMISSION ON IMMIGRATION AND REFUGEE POLICYPub. L. 95-412, §4, Oct. 5, 1978, 92 Stat. 907, as amended by Pub. L. 96-132, §23, Nov. 30, 1979, 93 Stat. 1051, provided for the establishment of a Select Commission on Immigration and Refugee Policy to study and evaluate existing laws, policies, and procedures governing the admission of immigrants and refugees to the United States, to make such administrative and legislative recommendations to the President and Congress as appropriate, and to submit a final report no later than Mar. 1, 1981, at which time it ceased to exist although it was authorized to function for up to 60 days thereafter to wind up its affairs.
SELECT COMMISSION ON WESTERN HEMISPHERE IMMIGRATIONPub. L. 89-236, §21(a)-(d), (f)-(h), Oct. 3, 1965, 79 Stat. 920, 921, established a Select Commission on Western Hemisphere Immigration to study the operation of the immigration laws of the United States as they pertain to Western Hemisphere nations, with emphasis on the adequacy of such laws from the standpoint of fairness and the impact of such laws on employment and working conditions within the United States, and to make a final report to the President on or before Jan. 15, 1968, and terminate not later than 60 days after filing the final report.
TERMINATION OF QUOTA DEDUCTIONS Pub. L. 85-316, §10, Sept. 11, 1957, 71 Stat. 642, provided that the quota deductions required under the provisions of former subsec. (e) of this section, the Displaced Persons Act of 1948, the act of June 30, 1950, and the act of April 9, 1952, were terminated effective July 1, 1957.
- 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.
- foreign state
- The term "foreign state" includes outlying possessions of a foreign state, but self-governing dominions or territories under mandate or trusteeship shall be regarded as separate foreign states.
- immigrant visa
- The term "immigrant visa" means an immigrant visa required by this chapter and properly issued by a consular officer at his office outside of the United States to an eligible immigrant under the provisions of this chapter.
- immigration laws
- The term "immigration laws" includes this chapter and all laws, conventions, and treaties of the United States relating to the immigration, exclusion, deportation, expulsion, or removal of aliens.
- lawfully admitted for permanent residence
- The term "lawfully admitted for permanent residence" means the status of having been lawfully accorded the privilege of residing permanently in the United States as an immigrant in accordance with the immigration laws, such status not having changed.
- national
- The term "national" means a person owing permanent allegiance to a state.
- 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.
- refugee
- The term "refugee" means (A) any person who is outside any country of such person's nationality or, in the case of a person having no nationality, is outside any country in which such person last habitually resided, and who is unable or unwilling to return to, and is unable or unwilling to avail himself or herself of the protection of, that country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion, or (B) in such special circumstances as the President after appropriate consultation (as defined in section 1157(e) of this title) may specify, any person who is within the country of such person's nationality or, in the case of a person having no nationality, within the country in which such person is habitually residing, and who is persecuted or who has a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. The term "refugee" does not include any person who ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion. For purposes of determinations under this chapter, a person who has been forced to abort a pregnancy or to undergo involuntary sterilization, or who has been persecuted for failure or refusal to undergo such a procedure or for other resistance to a coercive population control program, shall be deemed to have been persecuted on account of political opinion, and a person who has a well founded fear that he or she will be forced to undergo such a procedure or subject to persecution for such failure, refusal, or resistance shall be deemed to have a well founded fear of persecution on account of political opinion.
- residence
- The term "residence" means the place of general abode; the place of general abode of a person means his principal, actual dwelling place in fact, without regard to intent.
- 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.