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Title 8 — Aliens and NationalityRelease 119-73

§1181 Admission of immigrants into the United States

Title 8 › Chapter CHAPTER 12— - IMMIGRATION AND NATIONALITY › Subchapter SUBCHAPTER II— - IMMIGRATION › Part Part II— - Admission Qualifications for Aliens; Travel Control of Citizens and Aliens › § 1181

Last updated Apr 6, 2026|Official source

Summary

Immigrants cannot be admitted to the United States unless, when they apply to enter, they have a valid unexpired immigrant visa (or were born after such a visa was issued to an accompanying parent) and they show a valid unexpired passport or other travel or identity document when regulations require it. For immigrants under quota rules before June 30, 1968, a visa only counts if the person is properly charged to the quota area named on the visa. The Attorney General may, under regulations and at his discretion, readmit returning resident immigrants (see section 1101(a)(27)(A) for the definition) who are otherwise admissible without requiring a passport, immigrant visa, reentry permit, or other documents. The rule above does not apply to a person admitted under section 1157.

Full Legal Text

Title 8, §1181

Aliens and Nationality — Source: USLM XML via OLRC

(a)Except as provided in subsection (b) and subsection (c) 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)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)The provisions of subsection (a) shall not apply to an alien whom the Attorney General admits to the United States under section 1157 of this title.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1990—Subsec. (b). Pub. L. 101–649 substituted “1182(a)(7)(A)” for “1182(a)(20)”. 1980—Subsec. (a). Pub. L. 96–212, § 202(1), inserted reference to subsection (c) of this section. Subsec. (c). Pub. L. 96–212, § 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.

Statutory Notes and Related Subsidiaries

Effective Date

of 1990 AmendmentAmendment 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 AmendmentAmendment 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 AmendmentAmendment 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 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. 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.

Reference

Citations & Metadata

Citation

8 U.S.C. § 1181

Title 8 — Aliens and Nationality

Last Updated

Apr 6, 2026

Release point: 119-73