Aliens and Nationality - 8 USC Section 1181

01/03/05

Sec. 1181. Admission of immigrants into the United States

(a) Documents required; admission under quotas before June 30, 1968
Except as provided in subsection (b) and subsection (c) of this
section no immigrant shall be admitted into the United States
unless at the time of application for admission he (1) has a valid
unexpired immigrant visa or was born subsequent to the issuance of
such visa of the accompanying parent, and (2) presents a valid
unexpired passport or other suitable travel document or document of
identity and nationality, if such document is required under the
regulations issued by the Attorney General. With respect to
immigrants to be admitted under quotas of quota areas prior to June
30, 1968, no immigrant visa shall be deemed valid unless the
immigrant is properly chargeable to the quota area under the quota
of which the visa is issued.
(b) Readmission without required documents; Attorney General's
discretion
Notwithstanding the provisions of section 1182(a)(7)(A) of this
title in such cases or in such classes of cases and under such
conditions as may be by regulations prescribed, returning resident
immigrants, defined in section 1101(a)(27)(A) of this title, who
are otherwise admissible may be readmitted to the United States by
the Attorney General in his discretion without being required to
obtain a passport, immigrant visa, reentry permit or other
documentation.
(c) Nonapplicability to aliens admitted as refugees
The provisions of subsection (a) of this section shall not apply
to an alien whom the Attorney General admits to the United States
under section 1157 of this title.

AMENDMENTS
1990 - Subsec. (b). Pub. L. 101-649 substituted "1182(a)(7)(A)"
for "1182(a)(20)".
1980 - Subsec. (a). Pub. L. 96-212, Sec. 202(1), inserted
reference to subsection (c) of this section.
Subsec. (c). Pub. L. 96-212, Sec. 202(2), added subsec. (c).
1976 - Subsec. (b). Pub. L. 94-571 substituted reference to
section 1101 "(a)(27)(A)" of this title for "(a)(27)(B)".
1965 - Subsec. (a). Pub. L. 89-236 restated requirement of an
unexpired visa and passport for every immigrant arriving in United
States to conform to the changes with respect to the classification
of immigrant visas.
Subsec. (b). Pub. L. 89-236 substituted "returning resident
immigrants, defined in section 1101(a)(27)(B) of this title, who
are otherwise admissible", for "otherwise admissible aliens
lawfully admitted for permanent residence who depart from the
United States temporarily".
Subsec. (c). Pub. L. 89-236 repealed subsec. (c) which gave
Attorney General discretionary authority to admit aliens who arrive
in United States with defective visas under specified conditions.
Subsec. (d). Pub. L. 89-236 repealed subsec. (d) which imposed
restrictions on exercise of Attorney General's discretion to admit
aliens arriving with defective visas.
Subsec. (e). Pub. L. 89-236 repealed subsec. (e) which required
every alien making application for admission as an immigrant to
present the documents required under regulations issued by Attorney
General.
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101-649 applicable to individuals entering
United States on or after June 1, 1991, see section 601(e)(1) of
Pub. L. 101-649, set out as a note under section 1101 of this
title.
EFFECTIVE DATE OF 1980 AMENDMENT
Amendment by Pub. L. 96-212 effective 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
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.

Last modified: June 14, 2006