8 U.S.C. § 1156 — Unused immigrant visas

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.