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 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—
“(3)
an application pending before the Department of Justice or the Department of State on or after such date.”
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 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.
“(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) 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) 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.
“(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
“(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
[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—
“(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 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 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, 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—
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, 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 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 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.
