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Understanding Not Subject to Numerical Limitation in Immigration Law
Definition & Meaning
The term "not subject to numerical limitation" refers to specific categories of immigrants who are not restricted by the annual caps on visas set by U.S. immigration law. This status applies to immediate relatives of U.S. citizens, such as spouses, children, and parents, as well as certain special immigrants. These individuals can obtain immigrant status without facing numerical limits, provided they do not fall under other specific limitations outlined in the Immigration and Nationality Act (INA).
Table of content
Legal Use & context
This term is primarily used in immigration law. It identifies individuals who can apply for immigrant status without being affected by the numerical limits imposed by other sections of the INA. Legal practitioners often encounter this term when dealing with cases involving family reunification or special immigration categories. Users can manage their applications using legal templates provided by US Legal Forms, which are designed to simplify the process.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A U.S. citizen applies for a green card for their spouse. Since the spouse is an immediate relative, they are not subject to numerical limitations and can receive their visa without delay.
Example 2: A former U.S. citizen who wishes to return to the U.S. may qualify as a returning resident alien, allowing them to obtain immigrant status without facing numerical caps. (hypothetical example)
Relevant laws & statutes
The primary statutes relevant to this term include:
Immigration and Nationality Act (INA) Section 201
INA Section 101(a)(27)(A) and (B)
Comparison with related terms
Term
Definition
Key Differences
Immediate Relative
A family member of a U.S. citizen who is not subject to numerical limits.
Includes spouses, children, and parents.
Numerical Limitation
The annual caps on the number of visas issued in certain categories.
Applies to most immigrant categories, unlike immediate relatives.
Common misunderstandings
What to do if this term applies to you
If you believe you qualify as not subject to numerical limitation, gather the necessary documentation, such as proof of your relationship to a U.S. citizen. You can use US Legal Forms to find templates for the required immigration forms. If your situation is complex, consider consulting a legal professional for tailored advice.
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