If an immigrant having an immigrant visa is denied admission to the United States and removed, or does not apply for admission before the expiration of the validity of his visa, or if an alien having an immigrant visa issued to him as a preference immigrant is found not to be a preference immigrant, an immigrant visa or a preference immigrant visa, as the case may be, may be issued in lieu thereof to another qualified alien.

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Terms Used In 8 USC 1156

  • alien: means any person not a citizen or national of the United States. See 8 USC 1101
  • immigrant: means every alien except an alien who is within one of the following classes of nonimmigrant aliens&mdash. See 8 USC 1101
  • immigrant visa: means an immigrant visa required by this chapter and properly issued by a consular officer at his office outside of the United States to an eligible immigrant under the provisions of this chapter. See 8 USC 1101
  • United States: except as otherwise specifically herein provided, when used in a geographical sense, means the continental United States, Alaska, Hawaii, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands. See 8 USC 1101