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The law › Title 8, Aliens and Nationality › Chapter 12

8 U.S.C. 1154: Procedure for granting immigrant status

Created in 1962 by Public Law 87-885. Changed by 24 later laws. No bill we track in this Congress changes it.

16 other sections of the Code cite this one, including 6 U.S.C. 236, 8 U.S.C. 1101, 8 U.S.C. 1105a, 8 U.S.C. 1151, 8 U.S.C. 1153.

8 parts of federal rules cite it as their authority, written by Executive Office for Immigration Review, Department of Justice (4), Department of Homeland Security (3), Department of State (1).

This Congress

No bill we track in the 119th Congress changes this section.

    How it got here

    2022

    • Pub. L. 117–103 amended subpar. (H) generally. Prior to amendment, subpar. (H) read as follows: "Any alien desiring to be classified under section 1153(b)(5) of this title may file a petition with the Attorney General for such classification." (Consolidated Appropriations Act, 2022) Law text · (a)

    2013

    • Pub. L. 113–6 temporarily added cl. (iv). Text read as follows: "Each petition to compete for consideration for a visa under section 1153(c) of this title shall be accompanied by a fee equal to $30. All amounts collected under this clause shall be deposited into the Treasury … (Consolidated and Further Continuing Appropriations Act, 2013) Law text · (a)
    • Pub. L. 113–4 added subpar. (F) and redesignated former subpar. (F) as (G). (Violence Against Women Reauthorization Act of 2013) Law text · (l), (G)

    2009

    • Pub. L. 111–83 added subsec. (l). (Department of Homeland Security Appropriations Act, 2010) Law text · (l)

    2006

    • Pub. L. 109–248, §402(a)(1), substituted "Except as provided in clause (viii), any" for "Any". (Adam Walsh Child Protection and Safety Act of 2006) Law text · (a)
    • Pub. L. 109–162, §816, added cl. (vii). (Violence Against Women and Department of Justice Reauthorization Act of 2005) Law text · (a)
    • Pub. L. 109–248, §402(a)(2), added cl. (viii). (Adam Walsh Child Protection and Safety Act of 2006) Law text · (a)
    • Pub. L. 109–248, §402(a)(3), redesignated cl. (i) as first subcl. (I), substituted "Except as provided in subclause (II), any alien" for "Any alien", and added a second subcl. (I). (Adam Walsh Child Protection and Safety Act of 2006) Law text · (a)
    • Pub. L. 109–271, which directed insertion of "or (B)(iii)" after "(A)(iv)", was executed by making the insertion after "(A)(iv)" both places it appeared, to reflect the probable intent of Congress. (Violence Against Women Reauthorization Act of 2005) Law text · (a)
    • Pub. L. 109–162, §805(c)(1), added cl. (v). (Violence Against Women and Department of Justice Reauthorization Act of 2005) Law text · (a)
    • Pub. L. 109–162, §805(a)(1)(A), inserted "or subsection (a)(1)(B)(iii)" after "subsection (a)(1)(A)" in two places. (Violence Against Women and Department of Justice Reauthorization Act of 2005) Law text · (a)
    • Pub. L. 109–162, §805(a)(1)(B), substituted "a VAWA self-petitioner" for "a petitioner for preference status under paragraph (1), (2), or (3) of section 1153(a) of this title, whichever paragraph is applicable,". (Violence Against Women and Department of Justice Reauthorization Act of 2005) Law text · (a)
    • Pub. L. 109–162, §805(a)(2), added cl. (iv). (Violence Against Women and Department of Justice Reauthorization Act of 2005) Law text · (a)
    • Pub. L. 109–162, §814(b), added subpar. (K). (Violence Against Women and Department of Justice Reauthorization Act of 2005) Law text · (a)
    • Pub. L. 109–162, §814(e), added subpar. (L). (Violence Against Women and Department of Justice Reauthorization Act of 2005) Law text · (a)

    2002

    • Pub. L. 107–208, §7, added cl. (iii). (Child Status Protection Act) Law text · (a)
    • Pub. L. 107–208, §6, added subsec. (k). (Child Status Protection Act) Law text · (k)

    2000

    • Pub. L. 106–386, §1503(b)(1)(A), amended cl. (iii) generally. Prior to amendment, cl. (iii) read as follows: "An alien who is the spouse of a citizen of the United States, who is a person of good moral character, who is eligible to be classified as an immediate relative unde… (Victims of Trafficking and Violence Protection Act of 2000) Law text · (a)
    • Pub. L. 106–386, §1503(b)(2), amended cl. (iv) generally. Prior to amendment, cl. (iv) read as follows: "An alien who is the child of a citizen of the United States, who is a person of good moral character, who is eligible to be classified as an immediate relative under secti… (Victims of Trafficking and Violence Protection Act of 2000) Law text · (a)
    • Pub. L. 106–386, §1503(b)(3), added cl. (v). (Victims of Trafficking and Violence Protection Act of 2000) Law text · (a)
    • Pub. L. 106–386, §1507(a)(1), added cl. (vi). (Victims of Trafficking and Violence Protection Act of 2000) Law text · (a)
    • Pub. L. 106–386, §1503(c)(1), amended cl. (ii) generally. Prior to amendment, cl. (ii) read as follows: "An alien who is the spouse of an alien lawfully admitted for permanent residence, who is a person of good moral character, who is eligible for classification under section… (Victims of Trafficking and Violence Protection Act of 2000) Law text · (a)
    • Pub. L. 106–386, §1503(c)(2), amended cl. (iii) generally. Prior to amendment, cl. (iii) read as follows: "An alien who is the child of an alien lawfully admitted for permanent residence, who is a person of good moral character, who is eligible for classification under secti… (Victims of Trafficking and Violence Protection Act of 2000) Law text · (a)
    • Pub. L. 106–386, §1503(c)(3), added cl. (iv). (Victims of Trafficking and Violence Protection Act of 2000) Law text · (a)
    • Pub. L. 106–386, §1507(a)(2), added cl. (v). (Victims of Trafficking and Violence Protection Act of 2000) Law text · (a)
    • Pub. L. 106–386, §1503(d)(1), (2), added subpars. (C) and (D) and redesignated former subpars. (C) to (G) as (E) to (I), respectively. Former subpar. (H) redesignated (J). (Victims of Trafficking and Violence Protection Act of 2000) Law text · (a)
    • Pub. L. 106–386, §1503(d)(1), (3), redesignated subpar. (H) as (J) and inserted "or in making determinations under subparagraphs (C) and (D)," after "subparagraph (B),". (Victims of Trafficking and Violence Protection Act of 2000) Law text · (a)
    • Pub. L. 106–279 designated existing provisions as par. (1), substituted "subparagraph (F) or (G) of section 1101(b)(1)" for "section 1101(b)(1)(F)", and added par. (2). (Intercountry Adoption Act of 2000) Law text · (d)
    • Pub. L. 106–386, §1507(b), inserted at end "Remarriage of an alien whose petition was approved under subsection (a)(1)(B)(ii) or (a)(1)(A)(iii) or marriage of an alien described in clause (iv) or (vi) of subsection (a)(1)(A) or in subsection (a)(1)(B)(iii) shall not be the basis for re… (Victims of Trafficking and Violence Protection Act of 2000) Law text · (h)
    • Pub. L. 106–313 added subsec. (j). Law text · (j)

    1996

    • Pub. L. 104–208, §308(e)(1)(A), substituted "removal" for "deportation". (Magnuson-Stevens Fishery Conservation and Management Act) Law text · (a), (iv), (B)
    • Pub. L. 104–208, §308(f)(2)(A), substituted "be admitted" for "enter". (Magnuson-Stevens Fishery Conservation and Management Act) Law text · (e)
    • Pub. L. 104–208, §624(b), added subsec. (i). (Magnuson-Stevens Fishery Conservation and Management Act) Law text · (i)

    1994

    • Pub. L. 103–322, §40701(a), in subpar. (A), designated first sentence as cl. (i) and second sentence as cl. (ii) and added cls. (iii) and (iv), in subpar. (B), designated existing provisions as cl. (i) and added cls. (ii) and (iii), and added subpar. (H). · (a)
    • Pub. L. 103–416 in second sentence inserted "spouse" after "alien" and "of the alien (and the alien's children)" after "for classification". · (a)
    • Pub. L. 103–322, §40701(b)(1), in subpar. (A), substituted "for the classification of the spouse of an alien if the alien," for "filed by an alien who," in introductory provisions and in subpar. (B), substituted "for the classification of the spouse of an alien if the prior marriage… · (a)
    • Pub. L. 103–322, §40701(c), added subsec. (h). · (h)

    1991

    • Pub. L. 102–232, §302(e)(4)(A), inserted sentence at end authorizing filing of petitions by aliens described in second sentence of section 1151(b)(2)(A)(i) of this title. · (a)
    • Pub. L. 102–232, §302(e)(4)(B), substituted "Attorney General" for "Secretary of State". · (a)
    • Pub. L. 102–232, §302(e)(4)(C), struck out "or registration" after "petition". · (a)
    • Pub. L. 102–232, §302(e)(5), substituted "as an immigrant" for "as a immigrant". · (e)
    • Pub. L. 102–232, §309(b)(5), substituted "the second and third sentences of such section" for "section 9847 of title 42". · (f)
    • Pub. L. 102–232, §308(b), made technical correction to directory language of Pub. L. 101–649, §702(b). See 1990 Amendment note below. · (g)

    1990

    • Pub. L. 101–649, §162(b)(1), added par. (1) and struck out former par. (1) which read as follows: "Any citizen of the United States claiming that an alien is entitled to a preference status by reason of a relationship described in paragraph (1), (4), or (5) of section 1153(a) of thi… · (a)
    • Pub. L. 101–649, §162(b)(2), substituted reference to section 1153(b)(2) or 1153(b)(3) of this title for reference to section 1153(a)(3) or (6) of this title, and reference to preference under section 1153(a) or (b) of this title for reference to a preference status under section 1153(… · (b)
    • Pub. L. 101–649, §162(b)(3), substituted "immigrant under subsection (a), (b), or (c) of section 1153 of this title" for "preference immigrant under section 1153(a) of this title". · (e)
    • Pub. L. 101–649, §162(b)(5), (6), redesignated subsec. (g) as (f) and struck out former subsec. (f) which related to applicability of provisions to qualified immigrants specified in section 1152(e) of this title. · (f)
    • Pub. L. 101–649, §162(b)(4), substituted reference to section 1153(a)(3) of this title for reference to section 1153(a)(4) of this title. · (f)
    • Pub. L. 101–649, §702(b), as amended by Pub. L. 102–232, §308(b), inserted "except as provided in section 1255(e)(3) of this title," after "Notwithstanding subsection (a),". · (g)
    • Pub. L. 101–649, §162(b)(6), redesignated subsec. (h) as (g). Former subsec. (g) redesignated as (f). · (g)
    • Pub. L. 101–649, §162(b)(6), redesignated subsec. (h) as (g). · (h)

    1988

    • Pub. L. 100–525, §9(g)(1), substituted "an immediate relative" for "a nonquota". · (c)
    • Pub. L. 100–525, §9(g)(2), substituted "(C)(ii) of paragraph (2)" for "(C)(i) of paragraph 2". · (g)

    1986

    • Pub. L. 99–639, §2(c), designated existing provisions as par. (1) and added par. (2). · (a)
    • Pub. L. 99–639, §4(a), inserted "(1)" after "if" and ", or has sought to be accorded," and added cl. (2). · (c)
    • Pub. L. 99–639, §5(b), added subsec. (h). · (h)

    1982

    • Pub. L. 97–359 added subsec. (g). · (g)

    1981

    • Pub. L. 97–116, §18(d), substituted "of a relationship described in paragraph" for "of the relationships described in paragraphs". · (a)
    • Pub. L. 97–116, §3, redesignated subsec. (e) as (d). Former subsec. (d), directing that the Attorney General forward to the Congress a Statistical summary of petitions for immigrant status approved by him under section 1153(a)(3) or 1153(a)(6) of this title and that the reports be subm… · (d)
    • Pub. L. 97–116, §3, redesignated as subsec. (e) the subsec. (f) relating to subsequent finding of non-entitlement. See 1978 Amendment note below. Former subsec. (e) redesignated (d). · (e), (f)

    1980

    • Pub. L. 96–470 substituted provision requiring the Attorney General to forward to Congress a statistical summary of approved petitions for professional or occupational preferences for provision requiring the Attorney General to forward to Congress a report on each petition approved for… · (d)

    1978

    • Pub. L. 95–417, §2, struck out "no more than two petitions may be approved for one petitioner on behalf of a child as defined in section 1101(b)(1)(E) or 1101(b)(1)(F) of this title unless necessary to prevent the separation of brothers and sisters and" after "subsection (b)". · (c)
    • Pub. L. 95–417, §3, added subsec. (e) and redesignated former subsec. (e), relating to subsequent finding of non-entitlement, as subsec. (f) without regard to existing subsec. (f), relating to provisions applicable to qualified immigrants, added by Pub. L. 94–571. · (e), (f)

    1976

    • Pub. L. 94–571 added subsec. (f). · (f)

    1965

    • Pub. L. 89–236 substituted provisions spelling out the statutory grounds for filing a petition for preference status and prescribing the authority of the Attorney General to require documentary evidence in support and the form of the petition, for provisions prohibiting consular office… · (a)
    • Pub. L. 89–236 substituted provisions authorizing investigation of petitions by the Attorney General, consultation with the Secretary of Labor, and authorization to consular officers, for provisions specifying the form of application for preference status on the basis of membership in … · (b)
    • Pub. L. 89–236 substituted provisions limiting the number of orphan petitions which may be approved for one petitioner and prohibiting approval of any petition of an alien whose prior marriage was determined by the Attorney General to have been entered into for the purpose of evading t… · (c)
    • Pub. L. 89–236 substituted provisions requiring the Attorney General to submit reports to Congress on each approved petition for professional or occupational preference, for provisions prohibiting a statutory construction of the section which would entitle an immigrant to preferential … · (d)
    • Pub. L. 89–236 added subsec. (e). · (e)

    1962

    • Pub. L. 87–885 provided for submission of reports to Congress. · (c)

    Text, outline and history from the official U.S. Code (2024 edition) on GovInfo, published by the Office of the Law Revision Counsel. Changes made after that edition appear under This Congress.