Title 8, Aliens and NationalityRelease 119-110
§1181 Admission of Immigrants Into the United States
Title 8 › CHAPTER 12 — IMMIGRATION AND NATIONALITY › SUBCHAPTER II — IMMIGRATION › Part II — Admission Qualifications for Aliens; Travel Control of Citizens and Aliens › § 1181
Summary
Immigrants must have a valid, unexpired immigrant visa when they apply to enter the United States. They also must show a valid, unexpired passport or another travel or identity document when rules require it. For visas tied to old quota areas, a visa counts only if the person is charged to the same quota area, for cases before June 30, 1968. The Attorney General can allow returning resident immigrants (as defined by law) to reenter without those documents under set rules. People admitted as refugees under the refugee program are not subject to the visa and passport rules above.
Full Legal Text
Title 8, §1181
Aliens and Nationality, Source: USLM XML via OLRC
(a)Documents required; admission under quotas before June 30, 1968
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)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) 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
Sep 22, 2026
Release point: 119-110