Documents required; admission under quotas before
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 , 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.
Readmission without required documents; Attorney General’s discretion
section 1182(a)(7)(A) of this titlesection 1101(a)(27)(A) of this titleNotwithstanding the provisions of in such cases or in such classes of cases and under such conditions as may be by regulations prescribed, returning resident immigrants, defined in , 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.
Nonapplicability to aliens admitted as refugees
section 1157 of this titleThe provisions of subsection (a) shall not apply to an alien whom the Attorney General admits to the United States under .
June 27, 1952, ch. 47766 Stat. 181Pub. L. 89–236, § 979 Stat. 917Pub. L. 94–571, § 7(c)90 Stat. 2706Pub. L. 96–212, title II, § 20294 Stat. 106Pub. L. 101–649, title VI, § 603(a)(7)104 Stat. 5083(, title II, ch. 2, § 211, ; , , ; , , ; , , ; , , .)
Editorial Notes
Amendments
Pub. L. 101–6491990—Subsec. (b). substituted “1182(a)(7)(A)” for “1182(a)(20)”.
Pub. L. 96–212, § 202(1)1980—Subsec. (a). , inserted reference to subsection (c) of this section.
Pub. L. 96–212, § 202(2)Subsec. (c). , added subsec. (c).
Pub. L. 94–5711976—Subsec. (b). substituted reference to section 1101 “(a)(27)(A)” of this title for “(a)(27)(B)”.
Pub. L. 89–2361965—Subsec. (a). 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.
Pub. L. 89–236section 1101(a)(27)(B) of this titleSubsec. (b). substituted “returning resident immigrants, defined in , who are otherwise admissible”, for “otherwise admissible aliens lawfully admitted for permanent residence who depart from the United States temporarily”.
Pub. L. 89–236Subsec. (c). repealed subsec. (c) which gave Attorney General discretionary authority to admit aliens who arrive in United States with defective visas under specified conditions.
Pub. L. 89–236Subsec. (d). repealed subsec. (d) which imposed restrictions on exercise of Attorney General’s discretion to admit aliens arriving with defective visas.
Pub. L. 89–236Subsec. (e). 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 Amendment
Pub. L. 101–649section 601(e)(1) of Pub. L. 101–649section 1101 of this titleAmendment by applicable to individuals entering United States on or after , see , set out as a note under .
Effective Date of 1980 Amendment
Pub. L. 96–212section 204 of Pub. L. 96–212section 1101 of this titleAmendment by effective , and applicable to fiscal years beginning with the fiscal year beginning , see , set out as a note under .
Effective Date of 1976 Amendment
Pub. L. 94–571section 10 of Pub. L. 94–571section 1101 of this titleAmendment by effective on first day of first month which begins more than sixty days after , see , set out as a note under .
Effective Date of 1965 Amendment
Pub. L. 89–236section 20 of Pub. L. 89–236section 1151 of this titleFor effective date of amendment by , see , set out as a note under .
Abolition of Immigration and Naturalization Service and Transfer of Functions
section 1551 of this titleFor abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under .