Title 8Aliens and NationalityRelease 119-73

§1156 Unused immigrant visas

Title 8 › Chapter CHAPTER 12— - IMMIGRATION AND NATIONALITY › Subchapter SUBCHAPTER II— - IMMIGRATION › Part Part I— - Selection System › § 1156

Last updated Apr 6, 2026|Official source

Summary

An unused immigrant or preference immigrant visa can be given to another qualified person if the original holder is removed, fails to use it before it expires, or is found ineligible.

Full Legal Text

Title 8, §1156

Aliens and Nationality — Source: USLM XML via OLRC

If an immigrant having an immigrant visa is denied admission to the United States and removed, 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 preference immigrant, an immigrant visa or a preference immigrant visa, as the case may be, may be issued in lieu thereof to another qualified alien.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1996—Pub. L. 104–208 substituted “denied admission to the United States and removed” for “excluded from admission 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 approval of petitions which, with minor

Amendments

, were transferred to section 1155 of this title.

Statutory Notes and Related Subsidiaries

Effective Date

of 1996 AmendmentAmendment 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 AmendmentFor

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.

Reference

Citations & Metadata

Citation

8 U.S.C. § 1156

Title 8Aliens and Nationality

Last Updated

Apr 6, 2026

Release point: 119-73