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U.S. Code as of:
01/03/05
Section 1151. Worldwide level of immigration
(a) In general
Exclusive of aliens described in subsection (b) of this section,
aliens born in a foreign state or dependent area who may be issued
immigrant visas or who may otherwise acquire the status of an alien
lawfully admitted to the United States for permanent residence are
limited to -
(1) family-sponsored immigrants described in section 1153(a) of
this title (or who are admitted under section 1181(a) of this
title on the basis of a prior issuance of a visa to their
accompanying parent under section 1153(a) of this title) in a
number not to exceed in any fiscal year the number specified in
subsection (c) of this section for that year, and not to exceed
in any of the first 3 quarters of any fiscal year 27 percent of
the worldwide level under such subsection for all of such fiscal
year;
(2) employment-based immigrants described in section 1153(b) of
this title (or who are admitted under section 1181(a) of this
title on the basis of a prior issuance of a visa to their
accompanying parent under section 1153(b) of this title), in a
number not to exceed in any fiscal year the number specified in
subsection (d) of this section for that year, and not to exceed
in any of the first 3 quarters of any fiscal year 27 percent of
the worldwide level under such subsection for all of such fiscal
year; and
(3) for fiscal years beginning with fiscal year 1995, diversity
immigrants described in section 1153(c) of this title (or who are
admitted under section 1181(a) of this title on the basis of a
prior issuance of a visa to their accompanying parent under
section 1153(c) of this title) in a number not to exceed in any
fiscal year the number specified in subsection (e) of this
section for that year, and not to exceed in any of the first 3
quarters of any fiscal year 27 percent of the worldwide level
under such subsection for all of such fiscal year.
(b) Aliens not subject to direct numerical limitations
Aliens described in this subsection, who are not subject to the
worldwide levels or numerical limitations of subsection (a) of this
section, are as follows:
(1)(A) Special immigrants described in subparagraph (A) or (B)
of section 1101(a)(27) of this title.
(B) Aliens who are admitted under section 1157 of this title or
whose status is adjusted under section 1159 of this title.
(C) Aliens whose status is adjusted to permanent residence
under section 1160 or 1255a of this title.
(D) Aliens whose removal is canceled under section 1229b(a) of
this title.
(E) Aliens provided permanent resident status under section
1259 of this title.
(2)(A)(i) Immediate relatives. - For purposes of this
subsection, the term "immediate relatives" means the children,
spouses, and parents of a citizen of the United States, except
that, in the case of parents, such citizens shall be at least 21
years of age. In the case of an alien who was the spouse of a
citizen of the United States for at least 2 years at the time of
the citizen's death and was not legally separated from the
citizen at the time of the citizen's death, the alien (and each
child of the alien) shall be considered, for purposes of this
subsection, to remain an immediate relative after the date of the
citizen's death but only if the spouse files a petition under
section 1154(a)(1)(A)(ii) of this title within 2 years after such
date and only until the date the spouse remarries. For purposes
of this clause, an alien who has filed a petition under clause
(iii) or (iv) of section 1154(a)(1)(A) of this title remains an
immediate relative in the event that the United States citizen
spouse or parent loses United States citizenship on account of
the abuse.
(ii) Aliens admitted under section 1181(a) of this title on the
basis of a prior issuance of a visa to their accompanying parent
who is such an immediate relative.
(B) Aliens born to an alien lawfully admitted for permanent
residence during a temporary visit abroad.
(c) Worldwide level of family-sponsored immigrants
(1)(A) The worldwide level of family-sponsored immigrants under
this subsection for a fiscal year is, subject to subparagraph (B),
equal to -
(i) 480,000, minus
(ii) the sum of the number computed under paragraph (2) and the
number computed under paragraph (4), plus
(iii) the number (if any) computed under paragraph (3).
(B)(i) For each of fiscal years 1992, 1993, and 1994, 465,000
shall be substituted for 480,000 in subparagraph (A)(i).
(ii) In no case shall the number computed under subparagraph (A)
be less than 226,000.
(2) The number computed under this paragraph for a fiscal year is
the sum of the number of aliens described in subparagraphs (A) and
(B) of subsection (b)(2) of this section who were issued immigrant
visas or who otherwise acquired the status of aliens lawfully
admitted to the United States for permanent residence in the
previous fiscal year.
(3)(A) The number computed under this paragraph for fiscal year
1992 is zero.
(B) The number computed under this paragraph for fiscal year 1993
is the difference (if any) between the worldwide level established
under paragraph (1) for the previous fiscal year and the number of
visas issued under section 1153(a) of this title during that fiscal
year.
(C) The number computed under this paragraph for a subsequent
fiscal year is the difference (if any) between the maximum number
of visas which may be issued under section 1153(b) of this title
(relating to employment-based immigrants) during the previous
fiscal year and the number of visas issued under that section
during that year.
(4) The number computed under this paragraph for a fiscal year
(beginning with fiscal year 1999) is the number of aliens who were
paroled into the United States under section 1182(d)(5) of this
title in the second preceding fiscal year -
(A) who did not depart from the United States (without advance
parole) within 365 days; and
(B) who (i) did not acquire the status of aliens lawfully
admitted to the United States for permanent residence in the two
preceding fiscal years, or (ii) acquired such status in such
years under a provision of law (other than subsection (b) of this
section) which exempts such adjustment from the numerical
limitation on the worldwide level of immigration under this
section.
(5) If any alien described in paragraph (4) (other than an alien
described in paragraph (4)(B)(ii)) is subsequently admitted as an
alien lawfully admitted for permanent residence, such alien shall
not again be considered for purposes of paragraph (1).
(d) Worldwide level of employment-based immigrants
(1) The worldwide level of employment-based immigrants under this
subsection for a fiscal year is equal to -
(A) 140,000, plus
(B) the number computed under paragraph (2).
(2)(A) The number computed under this paragraph for fiscal year
1992 is zero.
(B) The number computed under this paragraph for fiscal year 1993
is the difference (if any) between the worldwide level established
under paragraph (1) for the previous fiscal year and the number of
visas issued under section 1153(b) of this title during that fiscal
year.
(C) The number computed under this paragraph for a subsequent
fiscal year is the difference (if any) between the maximum number
of visas which may be issued under section 1153(a) of this title
(relating to family-sponsored immigrants) during the previous
fiscal year and the number of visas issued under that section
during that year.
(e) Worldwide level of diversity immigrants
The worldwide level of diversity immigrants is equal to 55,000
for each fiscal year.
(f) Rules for determining whether certain aliens are immediate
relatives
(1) Age on petition filing date
Except as provided in paragraphs (2) and (3), for purposes of
subsection (b)(2)(A)(i) of this section, a determination of
whether an alien satisfies the age requirement in the matter
preceding subparagraph (A) of section 1101(b)(1) of this title
shall be made using the age of the alien on the date on which the
petition is filed with the Attorney General under section 1154 of
this title to classify the alien as an immediate relative under
subsection (b)(2)(A)(i) of this section.
(2) Age on parent's naturalization date
In the case of a petition under section 1154 of this title
initially filed for an alien child's classification as a
family-sponsored immigrant under section 1153(a)(2)(A) of this
title, based on the child's parent being lawfully admitted for
permanent residence, if the petition is later converted, due to
the naturalization of the parent, to a petition to classify the
alien as an immediate relative under subsection (b)(2)(A)(i) of
this section, the determination described in paragraph (1) shall
be made using the age of the alien on the date of the parent's
naturalization.
(3) Age on marriage termination date
In the case of a petition under section 1154 of this title
initially filed for an alien's classification as a
family-sponsored immigrant under section 1153(a)(3) of this
title, based on the alien's being a married son or daughter of a
citizen, if the petition is later converted, due to the legal
termination of the alien's marriage, to a petition to classify
the alien as an immediate relative under subsection (b)(2)(A)(i)
of this section or as an unmarried son or daughter of a citizen
under section 1153(a)(1) of this title, the determination
described in paragraph (1) shall be made using the age of the
alien on the date of the termination of the marriage.
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