8 U.S.C. § 1151 — Worldwide level of immigration

Page 82 TITLE 8—ALIENS AND NATIONALITY § 1106 Editorial Notes PRIOR PROVISIONS A prior section 1105a, act June 27, 1952, ch. 477, title I, § 106, as added Sept. 26, 1961, Pub. L. 87–301, § 5(a), 75 Stat. 651; amended Dec. 29, 1981, Pub. L. 97–116, § 18(b), 95 Stat. 1620; Oct. 24, 1988, Pub. L. 100–525, § 9(e), 102 Stat. 2620; Nov. 18, 1988, Pub. L. 100–690, title VII, § 7347(b), 102 Stat. 4472; Nov. 29, 1990, Pub. L. 101–649, title V, §§ 502(a), 513(a), 545(b), 104 Stat. 5048, 5052, 5065; Dec. 12, 1991, Pub. L. 102–232, title III, § 306(a)(2), 105 Stat. 1751; Sept. 13, 1994, Pub. L. 103–322, title XIII, § 130004(b), 108 Stat. 2027; Oct. 25, 1994, Pub. L. 103–416, title II, § 223(b), 108 Stat. 4322; Apr. 24, 1996, Pub. L. 104–132, title IV, §§ 401(b), (e), 423(a), 440(a), 442(b), 110 Stat. 1267, 1268, 1272, 1276, 1280; Sept. 30, 1996, Pub. L. 104–208, div. C, title III, §§ 306(d), 308(g)(10)(H), 371(b)(1), title VI, § 671(c)(3), (4), 110 Stat. 3009–612, 3009–625, 3009–645, 3009–722, related to judicial review of orders of deportation and exclusion, prior to repeal by Pub. L. 104–208, div. C, title III, §§ 306(b), (c), 309, Sept. 30, 1996, 110 Stat. 3009–612, 3009–625, effective, with certain tran- sitional provisions, on the first day of the first month beginning more than 180 days after Sept. 30, 1996, but such repeal not to be considered to invalidate or to re- quire the reconsideration of any judgment or order en- tered under this section. See section 1252 of this title. § 1106. Repealed. Pub. L. 91–510, title IV, § 422(a), Oct. 26, 1970, 84 Stat. 1189 Section, act June 27, 1952, ch. 477, title IV, § 401, 66 Stat. 274, provided for establishment of Joint Com- mittee on Immigration and Nationality, including its composition, necessity of membership on House or Sen- ate Committee on the Judiciary, vacancies and election of chairman, functions, reports, submission of regula- tions to Committee, hearings and subpena, travel ex- penses, employment of personnel, payment of Com- mittee expenses, and effective date. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective immediately prior to noon on Jan. 3, 1971, see section 601(1) of Pub. L. 91–510, set out as an Effective Date of 1970 Amendment note under section 4301 of Title 2, The Congress. ABOLITION OF JOINT COMMITTEE ON IMMIGRATION AND NATIONALITY Pub. L. 91–510, title IV, § 421, Oct. 26, 1970, 84 Stat. 1189, abolished the Joint Committee on Immigration and Nationality established by former subsec. (a) of this section. § 1107. Additional report At the beginning and midpoint of each fiscal year, the Secretary of Homeland Security shall submit to the Committees on the Judiciary of the House of Representatives and the Senate, a written report providing a description of inter- nal affairs operations at U.S. Citizenship and Immigration Services, including the general state of such operations and a detailed descrip- tion of investigations that are being conducted (or that were conducted during the previous six months) and the resources devoted to such in- vestigations. The first such report shall be sub- mitted not later than April 1, 2006. (Pub. L. 109–177, title I, § 109(c), Mar. 9, 2006, 120 Stat. 205.) Editorial Notes CODIFICATION Section was enacted as part of the USA PATRIOT Improvment and Reauthorization Act of 2005, and not as part of the Immigration and Nationality Act which comprises this chapter. SUBCHAPTER II—IMMIGRATION PART I—SELECTION SYSTEM § 1151. Worldwide level of immigration (a) In general 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— (1) family-sponsored immigrants described in section 1153(a) of this title (or who are admit- ted under section 1181(a) of this title on the basis of a prior issuance of a visa to their ac- companying parent under section 1153(a) of this title) in a number not to exceed in any fiscal year the number specified in subsection (c) for that year, and not to exceed in any of the first 3 quarters of any fiscal year 27 per- cent of the worldwide level under such sub- section for all of such fiscal year; (2) employment-based immigrants described in section 1153(b) of this title (or who are ad- mitted under section 1181(a) of this title on the basis of a prior issuance of a visa to their accompanying parent under section 1153(b) of this title), in a number not to exceed in any fiscal year the number specified in subsection (d) for that year, and not to exceed in any of the first 3 quarters of any fiscal year 27 per- cent of the worldwide level under such sub- section for all of such fiscal year; and (3) for fiscal years beginning with fiscal year 1995, diversity immigrants described in section 1153(c) of this title (or who are admitted under section 1181(a) of this title on the basis of a prior issuance of a visa to their accompanying parent under section 1153(c) of this title) in a number not to exceed in any fiscal year the number specified in subsection (e) for that year, and not to exceed in any of the first 3 quarters of any fiscal year 27 percent of the worldwide level under such subsection for all of such fiscal year. (b) Aliens not subject to direct numerical limita- tions Aliens described in this subsection, who are not subject to the worldwide levels or numerical limitations of subsection (a), are as follows: (1)(A) Special immigrants described in sub- paragraph (A) or (B) of section 1101(a)(27) of this title. (B) Aliens who are admitted under section 1157 of this title or whose status is adjusted under section 1159 of this title. (C) Aliens whose status is adjusted to perma- nent residence under section 1160 or 1255a of this title. (D) Aliens whose removal is canceled under section 1229b(a) of this title. (E) Aliens provided permanent resident sta- tus under section 1259 of this title. (2)(A)(i) IMMEDIATE RELATIVES.—For pur- poses of this subsection, the term ‘‘immediate relatives’’ means the children, spouses, and Page 83 TITLE 8—ALIENS AND NATIONALITY § 1151 parents of a citizen of the United States, ex- cept that, in the case of parents, such citizens shall be at least 21 years of age. In the case of an alien who was the spouse of a citizen of the United States and was not legally separated from the citizen at the time of the citizen’s death, the alien (and each child of the alien) shall be considered, for purposes of this sub- section, to remain an immediate relative after the date of the citizen’s death but only if the spouse files a petition under section 1154(a)(1)(A)(ii) of this title within 2 years after such date and only until the date the spouse remarries. 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 par- ent loses United States citizenship on account of the abuse. (ii) Aliens admitted under section 1181(a) of this title on the basis of a prior issuance of a visa to their accompanying parent who is such an immediate relative. (B) Aliens born to an alien lawfully admitted for permanent residence during a temporary visit abroad. (c) Worldwide level of family-sponsored immi- grants (1)(A) The worldwide level of family-sponsored immigrants under this subsection for a fiscal year is, subject to subparagraph (B), equal to— (i) 480,000, minus (ii) the sum of the number computed under paragraph (2) and the number computed under paragraph (4), plus (iii) the number (if any) computed under paragraph (3). (B)(i) For each of fiscal years 1992, 1993, and 1994, 465,000 shall be substituted for 480,000 in subparagraph (A)(i). (ii) In no case shall the number computed under subparagraph (A) be less than 226,000. (2) The number computed under this paragraph for a fiscal year is the sum of the number of aliens described in subparagraphs (A) and (B) of subsection (b)(2) who were issued immigrant visas or who otherwise acquired the status of aliens lawfully admitted to the United States for permanent residence in the previous fiscal year. (3)(A) The number computed under this para- graph for fiscal year 1992 is zero. (B) The number computed under this para- graph for fiscal year 1993 is the difference (if any) between the worldwide level established under paragraph (1) for the previous fiscal year and the number of visas issued under section 1153(a) of this title during that fiscal year. (C) The number computed under this para- graph for a subsequent fiscal year is the dif- ference (if any) between the maximum number of visas which may be issued under section 1153(b) of this title (relating to employment- based immigrants) during the previous fiscal year and the number of visas issued under that section during that year. (4) The number computed under this paragraph for a fiscal year (beginning with fiscal year 1999) is the number of aliens who were paroled into the United States under section 1182(d)(5) of this title in the second preceding fiscal year— (A) who did not depart from the United States (without advance parole) within 365 days; and (B) who (i) did not acquire the status of aliens lawfully admitted to the United States for permanent residence in the two preceding fiscal years, or (ii) acquired such status in such years under a provision of law (other than subsection (b)) which exempts such ad- justment from the numerical limitation on the worldwide level of immigration under this section. (5) If any alien described in paragraph (4) (other than an alien described in paragraph (4)(B)(ii)) is subsequently admitted as an alien lawfully admitted for permanent residence, such alien shall not again be considered for purposes of paragraph (1). (d) Worldwide level of employment-based immi- grants (1) The worldwide level of employment-based immigrants under this subsection for a fiscal year is equal to— (A) 140,000, plus (B) the number computed under paragraph (2). (2)(A) The number computed under this para- graph for fiscal year 1992 is zero. (B) The number computed under this para- graph for fiscal year 1993 is the difference (if any) between the worldwide level established under paragraph (1) for the previous fiscal year and the number of visas issued under section 1153(b) of this title during that fiscal year. (C) The number computed under this para- graph for a subsequent fiscal year is the dif- ference (if any) between the maximum number of visas which may be issued under section 1153(a) of this title (relating to family-sponsored immigrants) during the previous fiscal year and the number of visas issued under that section during that year. (e) Worldwide level of diversity immigrants The worldwide level of diversity immigrants is equal to 55,000 for each fiscal year. (f) Rules for determining whether certain aliens are immediate relatives (1) Age on petition filing date Except as provided in paragraphs (2) and (3), for purposes of subsection (b)(2)(A)(i), a deter- mination of whether an alien satisfies the age requirement in the matter preceding subpara- graph (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 Attor- ney General under section 1154 of this title to classify the alien as an immediate relative under subsection (b)(2)(A)(i). (2) Age on parent’s naturalization date In the case of a petition under section 1154 of this title initially filed for an alien child’s classification as a family-sponsored immi- grant under section 1153(a)(2)(A) of this title, based on the child’s parent being lawfully ad- mitted for permanent residence, if the petition Page 84 TITLE 8—ALIENS AND NATIONALITY § 1151 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 natu- ralization. (3) Age on marriage termination date In the case of a petition under section 1154 of this title initially filed for an alien’s classi- fication 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 mar- riage, 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 para- graph (1) shall be made using the age of the alien on the date of the termination of the marriage. (4) Application to self-petitions Paragraphs (1) through (3) shall apply to self-petitioners and derivatives of self-peti- tioners. (June 27, 1952, ch. 477, title II, ch. 1, § 201, 66 Stat. 175; Pub. L. 89–236, § 1, Oct. 3, 1965, 79 Stat. 911; Pub. L. 94–571, § 2, Oct. 20, 1976, 90 Stat. 2703; Pub. L. 95–412, § 1, Oct. 5, 1978, 92 Stat. 907; Pub. L. 96–212, title II, § 203(a), Mar. 17, 1980, 94 Stat. 106; Pub. L. 97–116, § 20[(a)], Dec. 29, 1981, 95 Stat. 1621; Pub. L. 101–649, title I, § 101(a), Nov. 29, 1990, 104 Stat. 4980; Pub. L. 102–232, title III, § 302(a)(1), Dec. 12, 1991, 105 Stat. 1742; Pub. L. 103–322, title IV, § 40701(b)(2), Sept. 13, 1994, 108 Stat. 1954; Pub. L. 103–416, title II, § 219(b)(1), Oct. 25, 1994, 108 Stat. 4316; Pub. L. 104–208, div. C, title III, § 308(e)(5), (g)(8)(A)(i), title VI, §§ 603, 671(d)(1)(A), Sept. 30, 1996, 110 Stat. 3009–620, 3009–624, 3009–690, 3009–723; Pub. L. 106–386, div. B, title V, § 1507(a)(3), Oct. 28, 2000, 114 Stat. 1530; Pub. L. 107–208, § 2, Aug. 6, 2002, 116 Stat. 927; Pub. L. 109–162, title VIII, § 805(b)(1), Jan. 5, 2006, 119 Stat. 3056; Pub. L. 111–83, title V, § 568(c)(1), Oct. 28, 2009, 123 Stat. 2186.) Editorial Notes AMENDMENTS 2009—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 sen- tence. 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), sub- stituted ‘‘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 sub- pars. (A) and (B), designated existing text as subpar. (C), and in subpar. (C) substituted ‘‘The number com- puted 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, sub- stituting provisions setting forth general and world- wide levels for family-sponsored, employment-based, and diversity immigrants, for provisions setting forth numerical limitations on total lawful admissions with- out breakdown as to type. 1981—Subsec. (a). Pub. L. 97–116 inserted proviso au- thorizing 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 resi- dence, and who are subject to the numerical limita- tions of this section, together with the aliens who ad- just their status to aliens lawfully admitted for perma- nent 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 limi- tation in effect, to reduce to such extent the annual nu- merical 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 fis- cal 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 provi- sions establishing a single worldwide annual immigra- tion 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 fis- cal year for provisions establishing separate annual im- migration ceilings of 170,000 aliens for the Eastern Hemisphere and 120,000 aliens for the Western Hemi- sphere and limiting to 45,000 the number of aliens sub- ject 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 quar- ters 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 de- pendent 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 immi- gration pool, limitation on total numbers, and alloca- tions therefrom, and subsec. (e) which provided for ter- mination of immigration pool on June 30, 1968, and for carryover of admissible immigrants. 1965—Subsec. (a). Pub. L. 89–236 substituted provi- sions setting up a 170,000 maximum on total annual im- migration and 45,000 maximum on total quarterly im- migration without regard to national origins, for provi- Page 85 TITLE 8—ALIENS AND NATIONALITY § 1151 sions setting an annual quota for quota areas which al- lowed admission of one-sixth of one per centum of por- tion 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 de- fining ‘‘immediate relatives’’ for provisions calling for a determination of annual quota for each quota area by Secretaries of State and Commerce and Attorney Gen- eral, and proclamation of quotas by President. Subsec. (c). Pub. L. 89–236 substituted provisions al- lowing carryover through June 30, 1968, of quotas for quota areas in effect on June 30, 1965, and redistribu- tion of unused quota numbers, for provisions which limited issuance of immigrant visas. Subsec. (d). Pub. L. 89–236 substituted provisions cre- ating an immigration pool and allocating its numbers without reference to the quotas to which an alien is chargeable, for provisions allowing issuance of an im- migrant visa to an immigrant as a quota immigrant even though he might be a nonquota immigrant. Subsec. (e). Pub. L. 89–236 substituted provisions ter- minating 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 para- graph (1) [amending this section] shall apply to all ap- plications 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 provi- sion of law, an alien described in clause (ii) who seeks immediate relative status pursuant to the amend- ment 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 en- actment 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 mar- ried 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 deter- mination has not been made on the beneficiary’s ap- plication for an immigrant visa or adjustment of sta- tus 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 sec- tion 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 oth- erwise 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 sec- tion 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 sen- tence 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 in- jury or disease incurred in or aggravated by combat, the alien (and each child of the alien) shall be consid- Page 86 TITLE 8—ALIENS AND NATIONALITY § 1151 ered, for purposes of section 201(b) of such Act, to re- main an immediate relative after the date of the citi- zen’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 sec- tion 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 aggra- vated 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 im- mediate relative after the date of the citizen’s death (regardless of changes in age or marital sta- tus thereafter), but only if the alien files a petition under subparagraph (B) within 2 years after such date. ‘‘(B) PETITIONS.—An alien described in subpara- graph (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 pur- poses of such Act [8 U.S.C. 1101 et seq.], such a peti- tion shall be considered a petition filed under sec- tion 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 aggra- vated 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 im- mediate relative after the date of the citizen’s death (regardless of changes in age or marital sta- tus thereafter), but only if the alien files a petition under subparagraph (B) within 2 years after such date. ‘‘(B) PETITIONS.—An alien described in subpara- graph (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 pur- poses of such Act, such a petition shall be consid- ered 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 Nation- ality Act (8 U.S.C. 1255), any alien who was the spouse, child, or parent of an alien described in para- graph (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 peti- tion for classification as a family-sponsored immi- grant 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 Na- tionality Act (8 U.S.C. 1151(b)(2)(A)(i)). Such spouse or child shall be eligible for deferred action, ad- vance parole, and work authorization. ‘‘(B) PETITIONS.—An alien spouse or child de- scribed in subparagraph (A) may file a petition with the Secretary of Homeland Security for classifica- tion 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 bene- ficiary 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 Im- migration and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)) with the Secretary of Homeland Secu- rity, 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 de- scribed in paragraph (2) may file a petition for classi- fication under section 201(b)(2)(A)(i) of the Immigra- tion 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 peti- tion 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 authoriza- tion. ‘‘(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 de- termining 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, effec- tive 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.] Page 87 TITLE 8—ALIENS AND NATIONALITY § 1151a 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 para- graph (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 Re- form and Immigrant Responsibility Act of 1996 (8 U.S.C. 1101 note; Public Law 104–208) who have ad- justed their status to that of aliens lawfully admit- ted for permanent residence under section 202 of the Nicaraguan Adjustment and Central American Re- lief 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 Nation- ality 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 inap- plicable 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 sec- tion 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 sec- tion 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 pe- tition referred to in such sentence within 2 years after the date of the enactment of this Act.’’ INAPPLICABILITY OF NUMERICAL LIMITATIONS FOR CER- TAIN ALIENS RESIDING IN THE UNITED STATES VIRGIN ISLANDS The 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 reduc- tion in the number of aliens who may acquire the sta- tus 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 CER- TAIN ALIENS WHO APPLIED FOR ADJUSTMENT TO STA- TUS OF PERMANENT RESIDENT ALIENS ON OR BEFORE JUNE 1, 1978 Pub. 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, cap- ital in an enterprise in the United States of which the alien became a principal manager and which em- ployed 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 res- idence; and ‘‘(3) applied for adjustment of status to that of an alien lawfully admitted for permanent residence.’’ SELECT COMMISSION ON IMMIGRATION AND REFUGEE POLICY Pub. L. 95–412, § 4, Oct. 5, 1978, 92 Stat. 907, as amended by Pub. L. 96–132, § 23, Nov. 30, 1979, 93 Stat. 1051, pro- vided 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 ap- propriate, 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 there- after to wind up its affairs. SELECT COMMISSION ON WESTERN HEMISPHERE IMMIGRATION Pub. 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 work- ing 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 provi- sions 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. § 1151a. Repealed. Pub. L. 94–571, § 7(g), Oct. 20, 1976, 90 Stat. 2706 Section, Pub. L. 89–236, § 21(e), Oct. 3, 1965, 79 Stat. 921, limited total number of special immigrants under section 1101(a)(27)(A) of this title, less certain exclu- sions, to 120,000 for fiscal years beginning July 1, 1968, or later. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective on first day of first month which be- gins more than 60 days after Oct. 20, 1976, see section 10