8 U.S.C. § 1155 — Revocation of approval of petitions; effec-

Page 131 TITLE 8—ALIENS AND NATIONALITY § 1155 161(b), (c) of Pub. L. 101–649, set out as a note under sec- tion 1101 of this title. Pub. L. 101–649, title VII, § 702(c), Nov. 29, 1990, 104 Stat. 5086, provided that: ‘‘The amendments made by this section [amending sections 1154 and 1255 of this title] shall apply to marriages entered into before, on, or after the date of the enactment of this Act [Nov. 29, 1990].’’ EFFECTIVE DATE OF 1986 AMENDMENT Pub. L. 99–639, § 4(b), Nov. 10, 1986, 100 Stat. 3543, pro- vided that: ‘‘The amendment made by subsection (a) [amending this section] shall apply to petitions filed on or after the date of the enactment of this Act [Nov. 10, 1986].’’ Pub. L. 99–639, § 5(c), Nov. 10, 1986, 100 Stat. 3543, pro- vided that: ‘‘The amendments made by this section [amending this section and section 1255 of this title] shall apply to marriages entered into on or after the date of the enactment of this Act [Nov. 10, 1986].’’ 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 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 For effective date of amendment by Pub. L. 89–236, see section 20 of Pub. L. 89–236, set out as a note under section 1151 of this title. CONSTRUCTION OF 2009 AMENDMENT Pub. L. 111–83, title V, § 568(d)(2), Oct. 28, 2009, 123 Stat. 2187, provided that: ‘‘Nothing in the amendment made by paragraph (1) [amending this section] may be construed to limit or waive any ground of removal, basis for denial of petition or application, or other cri- teria for adjudicating petitions or applications as oth- erwise provided under the immigration laws of the United States other than ineligibility based solely on the lack of a qualifying family relationship as specifi- cally provided by such amendment.’’ 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. ALIEN SHEEPHERDERS Act Sept. 3, 1954, ch. 1254, §§ 1–3, 68 Stat. 1145, provided for the importation of skilled alien sheepherders upon approval by the Attorney General, certification to the Secretary of State by the Attorney General of names and addresses of sheepherders whose applications for importation were approved, and issuance of not more than 385 special nonquota immigrant visas. Provisions of said act expired on Sept. 3, 1955, by terms of section 1 thereof. § 1155. Revocation of approval of petitions; effec- tive date The Secretary of Homeland Security may, at any time, for what he deems to be good and suf- ficient cause, revoke the approval of any peti- tion approved by him under section 1154 of this title. Such revocation shall be effective as of the date of approval of any such petition. (June 27, 1952, ch. 477, title II, ch. 1, § 205, 66 Stat. 180; Pub. L. 86–363, § 5(a), (b), Sept. 22, 1959, 73 Stat. 644, 645; Pub. L. 87–301, §§ 3, 10, Sept. 26, 1961, 75 Stat. 650, 654; Pub. L. 89–236, § 5, Oct. 3, 1965, 79 Stat. 916; Pub. L. 104–208, div. C, title III, § 308(g)(3)(A), Sept. 30, 1996, 110 Stat. 3009–622; Pub. L. 108–458, title V, § 5304(c), Dec. 17, 2004, 118 Stat. 3736.) Editorial Notes AMENDMENTS 2004—Pub. L. 108–458 substituted ‘‘Secretary of Home- land Security’’ for ‘‘Attorney General’’ and struck out at end ‘‘In no case, however, shall such revocation have effect unless there is mailed to the petitioner’s last known address a notice of the revocation and unless no- tice of the revocation is communicated through the Secretary of State to the beneficiary of the petition be- fore such beneficiary commences his journey to the United States. If notice of revocation is not so given, and the beneficiary applies for admission to the United States, his admissibility shall be determined in the manner provided for by sections 1225 and 1229a of this title.’’ 1996—Pub. L. 104–208 substituted ‘‘1229a’’ for ‘‘1226’’. 1965—Pub. L. 89–236 struck out entire section which had set out, in subsecs. (a) to (d), the procedure for granting nonquota status or preference by reason of re- lationship and inserted in its place, with minor changes, provisions formerly contained in section 1156 of this title authorizing the Attorney General to re- voke his approval of petitions for good and sufficient cause. 1961—Subsec. (b). Pub. L. 87–301, § 3(a), provided that no petition for quota immigration status or a pref- erence shall be approved if the beneficiary is an alien defined in section 1101(b)(1)(F) of this title, established requirements to be met by petitioners before a petition for nonquota immigrant status for a child as defined in section 1101(b)(1)(F) can be approved by the Attorney General, and authorized the administration of oaths by immigration officers when the petition is executed out- side the United States. Subsec. (c). Pub. L. 87–301, §§ 3(b), 10, substituted ‘‘sec- tion 1101(b)(1)(E) or (F)’’ for ‘‘section 1101(b)(1)(E)’’, and provided that no petition shall be approved if the alien had previously been accorded a nonquota status under section 1101(a)(27)(A) of this title or a preference quota status under section 1153(a)(3) of this title, by reason of marriage entered into to evade the immigration laws. 1959—Subsec. (b). Pub. L. 86–363, § 5(a), authorized fil- ing of petitions by any United States citizen claiming that an immigrant is his unmarried son or unmarried daughter, by any alien lawfully admitted for perma- nent residence claiming that an immigrant is his un- married son or unmarried daughter instead of child, or by any United States citizen claiming that an immi- grant is his married son or married daughter instead of son or daughter, and prohibited approval of petition for quota immigrant status or preference of alien without proof of parent relationship of the petitioner to such alien. Subsec. (c). Pub. L. 86–363, § 5(b), limited approval to two petitions for one petitioner in behalf of a child as defined in section 1101(b)(1)(E) of this title unless nec- essary to prevent separation of brothers and sisters. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2004 AMENDMENT Pub. L. 108–458, title V, § 5304(d), Dec. 17, 2004, 118 Stat. 3736, provided that: ‘‘The amendments made by this section [amending this section and sections 1201 and 1227 of this title] shall take effect on the date of en- actment of this Act [Dec. 17, 2004] and shall apply to revocations under sections 205 and 221(i) of the Immi- gration and Nationality Act (8 U.S.C. 1155, 1201(i)) made before, on, or after such date.’’ Page 132 TITLE 8—ALIENS AND NATIONALITY § 1156 EFFECTIVE DATE OF 1996 AMENDMENT Amendment by 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 1965 AMENDMENT For effective date of amendment by Pub. L. 89–236, see section 20 of Pub. L. 89–236, set out as a note under section 1151 of this title. § 1156. Unused immigrant visas If an immigrant having an immigrant visa is denied admission to the United States and re- moved, or does not apply for admission before the expiration of the validity of his visa, or if an alien having an immigrant visa issued to him as a preference immigrant is found not to be a pref- erence immigrant, an immigrant visa or a pref- erence immigrant visa, as the case may be, may be issued in lieu thereof to another qualified alien. (June 27, 1952, ch. 477, title II, ch. 1, § 206, 66 Stat. 181; Pub. L. 89–236, § 6, Oct. 3, 1965, 79 Stat. 916; Pub. L. 104–208, div. C, title III, § 308(d)(4)(D), Sept. 30, 1996, 110 Stat. 3009–618.) Editorial Notes AMENDMENTS 1996—Pub. L. 104–208 substituted ‘‘denied admission to the United States and removed’’ for ‘‘excluded from ad- mission to the United States and deported’’. 1965—Pub. L. 89–236 substituted provisions allowing immigrant visas or preference immigrant visas to be issued to another qualified alien in lieu of immigrants excluded or deported, immigrants failing to apply for admission, or immigrants found not to be preference immigrants, for provisions relating to revocation of ap- proval of petitions which, with minor amendments, were transferred to section 1155 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Amendment by 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 1965 AMENDMENT For effective date of amendment by Pub. L. 89–236, see section 20 of Pub. L. 89–236, set out as a note under section 1151 of this title. § 1157. Annual admission of refugees and admis- sion of emergency situation refugees (a) Maximum number of admissions; increases for humanitarian concerns; allocations (1) Except as provided in subsection (b), the number of refugees who may be admitted under this section in fiscal year 1980, 1981, or 1982, may not exceed fifty thousand unless the President determines, before the beginning of the fiscal year and after appropriate consultation (as de- fined in subsection (e)), that admission of a spe- cific number of refugees in excess of such num- ber is justified by humanitarian concerns or is otherwise in the national interest. (2) Except as provided in subsection (b), the number of refugees who may be admitted under this section in any fiscal year after fiscal year 1982 shall be such number as the President deter- mines, before the beginning of the fiscal year and after appropriate consultation, is justified by humanitarian concerns or is otherwise in the national interest. (3) Admissions under this subsection shall be allocated among refugees of special humani- tarian concern to the United States in accord- ance with a determination made by the Presi- dent after appropriate consultation. (4) In the determination made under this sub- section for each fiscal year (beginning with fis- cal year 1992), the President shall enumerate, with the respective number of refugees so deter- mined, the number of aliens who were granted asylum in the previous year. (b) Determinations by President respecting num- ber of admissions for humanitarian concerns If the President determines, after appropriate consultation, that (1) an unforeseen emergency refugee situation exists, (2) the admission of cer- tain refugees in response to the emergency ref- ugee situation is justified by grave humani- tarian concerns or is otherwise in the national interest, and (3) the admission to the United States of these refugees cannot be accomplished under subsection (a), the President may fix a number of refugees to be admitted to the United States during the succeeding period (not to ex- ceed twelve months) in response to the emer- gency refugee situation and such admissions shall be allocated among refugees of special hu- manitarian concern to the United States in ac- cordance with a determination made by the President after the appropriate consultation provided under this subsection. (c) Admission by Attorney General of refugees; criteria; admission status of spouse or child; applicability of other statutory requirements; termination of refugee status of alien, spouse or child (1) Subject to the numerical limitations estab- lished pursuant to subsections (a) and (b), the Attorney General may, in the Attorney Gen- eral’s discretion and pursuant to such regula- tions as the Attorney General may prescribe, admit any refugee who is not firmly resettled in any foreign country, is determined to be of spe- cial humanitarian concern to the United States, and is admissible (except as otherwise provided under paragraph (3)) as an immigrant under this chapter. (2)(A) A spouse or child (as defined in section 1101(b)(1)(A), (B), (C), (D), or (E) of this title) of any refugee who qualifies for admission under paragraph (1) shall, if not otherwise entitled to admission under paragraph (1) and if not a per- son described in the second sentence of section 1101(a)(42) of this title, be entitled to the same admission status as such refugee if accom- panying, or following to join, such refugee and if the spouse or child is admissible (except as oth- erwise provided under paragraph (3)) as an immi- grant under this chapter. Upon the spouse’s or child’s admission to the United States, such ad- mission shall be charged against the numerical limitation established in accordance with the appropriate subsection under which the refu- gee’s admission is charged.