
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 8USC1181]

 
                     TITLE 8--ALIENS AND NATIONALITY
 
                 CHAPTER 12--IMMIGRATION AND NATIONALITY
 
                       SUBCHAPTER II--IMMIGRATION
 
Part II--Admission Qualifications for Aliens; Travel Control of Citizens 
                               and Aliens
 
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.

(June 27, 1952, ch. 477, title II, ch. 2, Sec. 211, 66 Stat. 181; Pub. 
L. 89-236, Sec. 9, Oct. 3, 1965, 79 Stat. 917; Pub. L. 94-571, 
Sec. 7(c), Oct. 20, 1976, 90 Stat. 2706; Pub. L. 96-212, title II, 
Sec. 202, Mar. 17, 1980, 94 Stat. 106; Pub. L. 101-649, title VI, 
Sec. 603(a)(7), Nov. 29, 1990, 104 Stat. 5083.)


                               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.

                  Section Referred to in Other Sections

    This section is referred to in sections 1151, 1182, 1230 of this 
title.
