Notes on 8 U.S.C. § 1201 : US Code - Notes
Search Notes on 8 U.S.C. § 1201 : US Code - Notes
(June 27, 1952, ch. 477, title II, ch. 3, Sec. 221, 66 Stat. 191;
Pub. L. 87-301, Sec. 4, Sept. 26, 1961, 75 Stat. 651; Pub. L. 89-
236, Secs. 11(a), (b), 17, Oct. 3, 1965, 79 Stat. 918, 919; Pub.
L. 97-116, Sec. 18(f), Dec. 29, 1981, 95 Stat. 1620; Pub. L. 99-
653, Sec. 5(a), formerly Sec. 5(a)(a)-(c), Nov. 14, 1986, 100
Stat. 3656, renumbered Sec. 5(a), Pub. L. 100-525, Sec. 8(d)(1),
Oct. 24, 1988, 102 Stat. 2617; Pub. L. 101-649, title VI, Sec.
603(a)(9), Nov. 29, 1990, 104 Stat. 5083; Pub. L. 102-232, title
III, Sec. 302(e)(8)(C), Dec. 12, 1991, 105 Stat. 1746; Pub. L. 104-
208, div. C, title III, Sec. 308(d)(4)(G), (f)(2)(B), title VI,
Sec. 631, Sept. 30, 1996, 110 Stat. 3009-618, 3009-621, 3009-700;
Pub. L. 107-173, title III, Sec. 301, May 14, 2002, 116 Stat. 552;
Pub. L. 108-458, title V, Sec. 5304(a), Dec. 17, 2004, 118 Stat.
3736.)
AMENDMENTS
2004 - Subsec. (i). Pub. L. 108-458 inserted at end "There shall
be no means of judicial review (including review pursuant to
section 2241 of title 28 or any other habeas corpus provision, and
sections 1361 and 1651 of such title) of a revocation under this
subsection, except in the context of a removal proceeding if such
revocation provides the sole ground for removal under section
1227(a)(1)(B) of this title."
2002 - Subsec. (a). Pub. L. 107-173 designated existing
provisions as par. (1), redesignated former pars. (1) and (2) as
subpars. (A) and (B), respectively, of par. (1), and added par.
(2).
1996 - Subsec. (c). Pub. L. 104-208, Sec. 631, substituted "six
months" for "four months" and inserted "; except that in the case
of aliens who are nationals of a foreign country and who either are
granted refugee status and firmly resettled in another foreign
country or are granted permanent residence and residing in another
foreign country, the Secretary of State may prescribe the period of
validity of such a visa based upon the treatment granted by that
other foreign country to alien refugees and permanent residents,
respectively, in the United States" after "within a similar class".
Subsec. (f). Pub. L. 104-208, Sec. 308(d)(4)(G), substituted
"deny admission to" for "exclude".
Subsec. (h). Pub. L. 104-208, Sec. 308(f)(2)(B), substituted "be
admitted" for "enter".
1991 - Subsec. (a). Pub. L. 102-232 struck out "nonpreference,"
before "immediate relative".
1990 - Subsec. (g). Pub. L. 101-649 substituted "1182(a)(4) of
this title" for "1182(a)(7), or section 1182(a)(15) of this title".
1988 - Subsecs. (a) to (c). Pub. L. 100-525 made technical
correction to Pub. L. 99-653, Sec. 5. See 1986 Amendment note
below.
1986 - Subsec. (a). Pub. L. 99-653, Sec. 5(a)(1), formerly Sec.
5(a)(a), as redesignated by Pub. L. 100-525, in cl. (1) substituted
"specify the foreign state" for "specify the quota", "under such
foreign state" for "under such quota", "special immigrant
classification" for "special immigration classification", and
struck out "one copy of" after "shall consist of".
Subsec. (b). Pub. L. 99-653, Sec. 5(a)(2), formerly Sec. 5(a)(b),
as redesignated by Pub. L. 100-525, amended subsec. (b) generally,
striking out "and fingerprinted" after "shall be registered" and
substituting "sections 1101(a)(15)(A) and 1101(a)(15)(G) of this
title" for "section 1101(a)(15)(A) and (G) of this title".
Subsec. (c). Pub. L. 99-653, Sec. 5(a)(3), formerly Sec. 5(a)(c),
as redesignated by Pub. L. 100-525, amended subsec. (c) generally,
substituting "during the fiscal year" for "during the year",
"Provided, That the immigrant" for "Provided, the consular officer
is in possession of the duplicate signed copy of the original visa,
the immigrant", and "statutory fees" for "statutory fee".
1981 - Subsec. (a). Pub. L. 97-116 substituted a comma for the
period after "alien is charged".
1965 - Subsec. (a). Pub. L. 89-236, Sec. 11(a), substituted a
reference to preference, nonpreference, immediate relative, and
special immigration classification, for a reference to nonquota
categories to which immigrants are classified.
Subsec. (c). Pub. L. 89-236, Sec. 11(b), struck out references to
"quota" wherever appearing.
Subsec. (g). Pub. L. 89-236, Sec. 17, inserted proviso permitting
issuance of student or visitors visas in cases where the alien
gives a bond so as to allow resolution of doubts in borderline
cases in which the consular officer is uncertain as to the bona
fides of the nonimmigrant's intention to remain in the United
States temporarily.
1961 - Subsec. (c). Pub. L. 87-301 provided that an immigrant
visa issued to a child adopted by a United States citizen and
spouse while such citizen is serving abroad in the United States
Armed Forces or employed abroad by our Government, or temporarily
abroad on business, shall remain valid to such time, but not
exceeding three years, as the adoptive parent returns to the United
States in due course of service, employment or business.
EFFECTIVE DATE OF 2004 AMENDMENT
Amendment by Pub. L. 108-458 effective Dec. 17, 2004, and
applicable to revocations under sections 1155 and 1201(i) of this
title made before, on, or after such date, see section 5304(d) of
Pub. L. 108-458, set out as a note under section 1155 of this
title.
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by section 308(d)(4)(G), (f)(2)(B) of 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 1991 AMENDMENT
Section 302(e)(8) of Pub. L. 102-232 provided that the amendment
made by that section is effective as if included in section 162(e)
of the Immigration Act of 1990, Pub. L. 101-649.
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 1986 AMENDMENT
Section 23(b) of Pub. L. 99-653, as added by Pub. L. 100-525,
Sec. 8(r), Oct. 24, 1988, 102 Stat. 2619, provided that: "The
amendments made by sections 5, 6, 8, 9, and 10 [amending this
section and sections 1202, 1301, 1302, and 1304 of this title and
repealing section 1201a of this title] apply to applications for
immigrant visas made, and visas issued, on or after November 14,
1986."
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97-116 effective Dec. 29, 1981, see section
21(a) of Pub. L. 97-116, 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.
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.
PROCESSING OF VISA APPLICATIONS
Pub. L. 107-228, div. A, title II, Sec. 233, Sept. 30, 2002, 116
Stat. 1373, provided that:
"(a) In General. - It shall be the policy of the Department [of
State] to process each visa application from an alien classified as
an immediate relative or as a K-1 nonimmigrant within 30 days of
the receipt of all necessary documents from the applicant and the
Immigration and Naturalization Service. In the case of an immigrant
visa application where the petitioner is a relative other than an
immediate relative, it should be the policy of the Department to
process such an application within 60 days of the receipt of all
necessary documents from the applicant and the Immigration and
Naturalization Service.
"(b) Definitions. - In this section:
"(1) Immediate relative. - The term 'immediate relative' has
the meaning given the term in section 201(b)(2)(A)(i) of the
Immigration and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)).
"(2) K-1 nonimmigrant. - The term 'K-1 nonimmigrant' means a
nonimmigrant alien described in section 101(a)(15)(K)(i) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(K)(i))."
PREVENTION OF CONSULATE SHOPPING
Pub. L. 107-56, title IV, Sec. 418, Oct. 26, 2001, 115 Stat. 355,
provided that:
"(a) Review. - The Secretary of State shall review how consular
officers issue visas to determine if consular shopping is a
problem.
"(b) Actions to be Taken. - If the Secretary of State determines
under subsection (a) that consular shopping is a problem, the
Secretary shall take steps to address the problem and shall submit
a report to Congress describing what action was taken."
Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. A, title II, Sec.
237], Nov. 29, 1999, 113 Stat. 1536, 1501A-430, provided that:
"(a) Policy. - It shall be the policy of the Department of State
to process immigrant visa applications of immediate relatives of
United States citizens and nonimmigrant K-1 visa applications of
fiances of United States citizens within 30 days of the receipt of
all necessary documents from the applicant and the Immigration and
Naturalization Service. In the case of an immigrant visa
application where the sponsor of such applicant is a relative other
than an immediate relative, it should be the policy of the
Department of State to process such an application within 60 days
of the receipt of all necessary documents from the applicant and
the Immigration and Naturalization Service.
"(b) Reports. - Not later than 180 days after the date of
enactment of this Act [Nov. 29, 1999], and not later than 1 year
thereafter, the Secretary of State shall submit to the appropriate
congressional committees [Committee on International Relations of
the House of Representatives and Committee on Foreign Relations of
the Senate] a report on the extent to which the Department of State
is meeting the policy standards under subsection (a). Each report
shall be based on a survey of the 22 consular posts which account
for approximately 72 percent of immigrant visas issued and, in
addition, the consular posts in Guatemala City, Nicosia, Caracas,
Naples, and Jakarta. Each report should include data on the average
time for processing each category of visa application under
subsection (a), a list of the embassies and consular posts which do
not meet the policy standards under subsection (a), the amount of
funds collected worldwide for processing of visa applications
during the most recent fiscal year, the estimated costs of
processing such visa applications (based on the Department of
State's most recent fee study), the steps being taken by the
Department of State to achieve such policy standards, and results
achieved by the interagency working group charged with the goal of
reducing the overall processing time for visa applications."
PERMITTING EXTENSION OF PERIOD OF VALIDITY OF IMMIGRANT VISAS FOR
CERTAIN RESIDENTS OF HONG KONG
Section 154 of Pub. L. 101-649, as amended by Pub. L. 102-232,
title III, Sec. 302(d)(4), Dec. 12, 1991, 105 Stat. 1745, provided
that:
"(a) Extending Period of Validity. -
"(1) In general. - Subject to paragraph (2), the limitation on
the period of validity of an immigrant visa under section 221(c)
of the Immigration and Nationality Act [8 U.S.C. 1201(c)] shall
not apply in the case of an immigrant visa issued, on or after
the date of the enactment of this Act [Nov. 29, 1990] and before
September 1, 2001, to an alien described in subsection (b), but
only if -
"(A) the alien elects, within the period of validity of the
immigrant visa under such section, to have this section apply,
and
"(B) before the date the alien seeks to be admitted to the
United States for lawful permanent residence, the alien
notifies the appropriate consular officer of the alien's
intention to seek such admission and provides such officer with
such information as the officer determines to be necessary to
verify that the alien remains eligible for admission to the
United States as an immigrant.
"(2) Limitation on extension. - In no case shall the period of
validity of a visa be extended under paragraph (1) beyond January
1, 2002.
"(3) Treatment under numerical limitations. - In applying the
numerical limitations of sections 201 and 202 of the Immigration
and Nationality Act [8 U.S.C. 1151, 1152] in the case of aliens
for whose visas the period of validity is extended under this
section, such limitations shall only apply at the time of
original issuance of the visas and not at the time of admission
of such aliens.
"(b) Aliens Covered. - An alien is described in this subsection
if the alien -
"(1)(A) is chargeable under section 202 of the Immigration and
Nationality Act [8 U.S.C. 1152] to Hong Kong or China, and
"(B)(i) is residing in Hong Kong as of the date of the
enactment of this Act [Nov. 29, 1990] and is issued an immigrant
visa under paragraph (1), (2), (4), or (5) of section 203(a) of
the Immigration and Nationality Act [8 U.S.C. 1153(a)] (as in
effect on the date of the enactment of this Act) or under section
203(a) or 203(b)(1) of such Act (as in effect on and after
October 1, 1991), or (ii) is the spouse or child (as defined in
subsection (d)) of an alien described in clause (i), if
accompanying or following to join the alien in coming to the
United States; or
"(2) is issued a visa under section 124 of this Act [enacting
provisions set out as a note under section 1153 of this title].
"(c) Treatment of Certain Employees in Hong Kong. -
"(1) In general. - In applying the proviso of section 7 of the
Central Intelligence Agency Act of 1949 [50 U.S.C. 403h], in the
case of an alien described in paragraph (2), the Director may
charge the entry of the alien against the numerical limitation
for any fiscal year (beginning with fiscal year 1991 and ending
with fiscal year 1996) notwithstanding that the alien's entry is
not made to the United States in that fiscal year so long as such
entry is made before the end of fiscal year 1997.
"(2) Aliens covered. - An alien is described in this paragraph
if the alien -
"(A) is an employee of the Foreign Broadcast Information
Service in Hong Kong, or
"(B) is the spouse or child (as defined in subsection (d)) of
an alien described in subparagraph (A), if accompanying or
following to join the alien in coming to the United States.
"[(3) Repealed. Pub. L. 102-232, title III, Sec. 302(d)(4)(C),
Dec. 12, 1991, 105 Stat. 1745.]
"(d) Treatment of Children. - In this section, the term 'child'
has the meaning given such term in section 101(b)(1) of the
Immigration and Nationality Act [8 U.S.C. 1101(b)(1)] and also
includes (for purposes of this section and the Immigration and
Nationality Act [8 U.S.C. 1101 et seq.] as it applies to this
section) an alien who was the child (as so defined) of the alien as
of the date of the issuance of an immigrant visa to the alien
described in subsection (b)(1) or, in the case described in
subsection (c), as of the date of charging of the entry of the
alien under the proviso under section 7 of the Central Intelligence
Agency Act of 1949 [50 U.S.C. 403h]."
[Section 154 of Pub. L. 101-649 effective Nov. 29, 1990, and
(unless otherwise provided) applicable to fiscal year 1991, see
section 161(b) of Pub. L. 101-649, set out as an Effective Date of
1990 Amendment note under section 1101 of this title.]
CUBAN POLITICAL PRISONERS AND IMMIGRANTS
Pub. L. 100-204, title IX, Sec. 903, Dec. 22, 1987, 101 Stat.
1401, as amended by Pub. L. 104-208, div. C, title III, Sec.
308(g)(7)(C)(iii), Sept. 30, 1996, 110 Stat. 3009-624, provided
that:
"(a) Processing of Certain Cuban Political Prisoners as Refugees.
- In light of the announcement of the Government of Cuba on
November 20, 1987, that it would reimplement immediately the
agreement of December 14, 1984, establishing normal migration
procedures between the United States and Cuba, on and after the
date of the enactment of this Act [Dec. 22, 1987], consular
officers of the Department of State and appropriate officers of the
Immigration and Naturalization Service shall, in accordance with
the procedures applicable to such cases in other countries, process
any application for admission to the United States as a refugee
from any Cuban national who was imprisoned for political reasons by
the Government of Cuba on or after January 1, 1959, without regard
to the duration of such imprisonment, except as may be necessary to
reassure the orderly process of available applicants.
"(b) Processing of Immigrant Visa Applications of Cuban Nationals
in Third Countries. - Notwithstanding section 212(f) and section
243(d) of the Immigration and Nationality Act [8 U.S.C. 1182(f),
1253(d)], on and after the date of the enactment of this Act [Dec.
22, 1987], consular officers of the Department of State shall
process immigrant visa applications by nationals of Cuba located in
third countries on the same basis as immigrant visa applications by
nationals of other countries.
"(c) Definitions. - For purposes of this section:
"(1) The term 'process' means the acceptance and review of
applications and the preparation of necessary documents and the
making of appropriate determinations with respect to such
applications.
"(2) The term 'refugee' has the meaning given such term in
section 101(a)(42) of the Immigration and Nationality Act [8
U.S.C. 1101(a)(42)]."
Pub. L. 100-202, Sec. 101(a) [title VII], Dec. 22, 1987, 101
Stat. 1329, 1329-39, as amended by Pub. L. 104-208, div. C, title
III, Sec. 308(g)(7)(C)(ii), Sept. 30, 1996, 110 Stat. 3009-624,
provided that:
"Sec. 701. This title may be cited as 'Cuban Political Prisoners
and Immigrants'.
"Sec. 702. (a) Processing of Certain Cuban Political Prisoners as
Refugees. - In light of the announcement of the Government of Cuba
on November 20, 1987, that it would reimplement immediately the
agreement of December 14, 1984, establishing normal migration
procedures between the United States and Cuba, on and after the
date of enactment of this Act [Dec. 22, 1987], consular officer[s]
of the Department of State and appropriate officers of the
Immigration and Naturalization Service shall, in accordance with
the procedures applicable to such cases in other countries, process
any application for admission to the United States as a refugee
from any Cuban national who was imprisoned for political reasons by
the Government of Cuba on or after January 1, 1959, without regard
to the duration of such imprisonment, except as may be necessary to
reassure the orderly process of available applicants.
"(b) Processing of Immigrant Visa Applications of Cuban Nationals
in Third Countries. - Notwithstanding section 212(f) and section
243(d) of the Immigration and Nationality Act [8 U.S.C. 1182(f),
1253(d)], on and after the date of the enactment of this Act [Dec.
22, 1987], consular officers of the Department of State shall
process immigrant visa applications by nationals of Cuba located in
third countries on the same basis as immigrant visa applications by
nationals of other countries.
"(c) Definitions. - For purposes of this section:
"(1) The term 'process' means the acceptance and review of
applications and the preparation of necessary documents and the
making of appropriate determinations with respect to such
applications.
"(2) The term 'refugee' has the meaning given such term in
section 101(a)(42) of the Immigration and Nationality Act [8
U.S.C. 1101(a)(42)]."
(!1) So in original. Probably should be followed by "to".