Speech #850084455

The bill will be received and appropriately referred. and. without objection. the bill and analysis will be printed in the RECORD. The bill to facilitate the entry into the United States of certain immigrants. to authorize the adjustment of status of certain aliens in the United States. to provide for the issuance of special nonquota immigrant visas to certain refugees. and for other purposes. introduced by Mr. KENNEDYfor himself and other Senatorswas received. read twice by its title. referred to the Committee on the Judiciary. and ordered to be printed in the RECORD. as follows: Be it enacted. etc.. That (a) for the purposes of sections 101 (a) (27) (A) and 205 of the Immigration and Nationality Act. the eligible child as defined in subsection (b) of this section. shall be held and considered to be the naturalborn alien child of a citizen of the United States if the Attorney General finds that such child (1) has been lawfully adopted abroad by such United States citizen and spouse. or (2) assurances. satisfactory to the Attorney General. have been given by such United States citizen and spouse that if such child is admitted into the United States they will adopt him in the United States and will care for him properly and that the preadoption requirements. if any. of the State of such childs proposed residence have been met. (b) When used in this section the term "eligible child" shall mean an alien (1) who is an orphan because of the death or disappearance of both parents. or because of abandonment or desertion by. or separation or loss from. both parents. or who has only one parent due to the death or disappearance of. abandonment or desertion by. or separation or loss from the other parent and the remaining parent is incapable of providing care for such orphan and has in writing irrevocably released him for emigration and adoption. (2) who is ineligible for admission into the United States solely because that portion of the quota to which he would otherwise be chargeable is oversubscribed by applicants registered on the conuslar waitIng list at the time his visa application is made. and (3) who Is under 14 years of age at the time the visa is issued: Provided. That no natural parent of any minor eligible child who shall be admitted into the United States pursuant to this section shall thereafter. by virtue of such parentage. be accorded any right. privilege. or status under the Immigration and Nationality Act: Provided further. That not more than two nonquota immigrant visas may be issued to minor eligible children adopted or to be adopted by any one United States citizen and spouse. unless necessary to prevent the separation of brothers or sisters. (a) Any visa which has been or shall be Issued to an eligible child under this section or under any other immigration law to a child lawfully adopted by a United States citizen and spouse while such citizen is serving abroad in the United States Armed Forces. or is employed abroad by the United States Government. or is temporarily abroad on business. shall be valid until such time. for a period not to exceed 3 years. as the adoptive citizen parent returns to the United States in due course of his service. employment. or business. (d) No visa shall be issued under this section after June 30. 1959. (e) Any adopted child described in section 323 of the Immigration and Nationality Act (1) one of whose adoptive parents is (A) a citizen of the United States. (B) in the service of the Armed Forces of the United States. or in the employment of the Government of the United States. or of an American institution of research recognized as such by the Attorney General. or of an American firm or corporation engaged in whole or in part in the development of foreign trade and commerce of the United States. or a subsidiary thereof. or of a public international organization in which the United States participates by treaty or statute. and (C) regularly stationed abroad in such service or employment. and (2) who is in the United States at the time of naturalization. and (3) whose citizen adoptive parent declares before the naturalization court in good faith an intention to have such child take up residence within the United States immediately upon the termination of such service or employment abroad of such citizen adoptive parent. may be naturalized upon compliance with all the requirements of the naturalization laws except that no prior residence or specified period of physical presence within the United States or within the jurisdiction of the naturalization court or proof thereof shall be required. and paragraph (3) of section 323 (a) of the Immigration and Nationality Act shall not be applicable. (f) The Attorney General may. pursuant to such terms and conditions as he may by regulations prescribe. adjust the status to that of an alien lawfully admitted for permanent residence. as of the date of his arrival in the United States. in the case of an alien who was paroled into the United States under section 212 (d) (5) of the Immigration and Nationality Act if such alien at the time of his arrival in the United States was an eligible orphan as defined in section 5 of the Refugee Relief Act of 1953. as amended. and was. or thereafter has been. adopted by a United States citizen and spouse in a court of proper jurisdiction. (g) The Attorney General is authorized and directed to establish such regulations and to prescribe such forms of bond. and other papers. issue such Instruction. and perform such other acts as he deems necessary for carrying out his authority under the provisions of this section. SEC. 2. In the administration of titles I and II of the Immigration and Nationality Act. the Attorney General is authorized and directed. pursuant to such terms and conditions as he may by regulations prescribe. to provide that. for all purposes under such titles. (a) the term "stepchild" shall include a stepchild whether or not born out of wedlock. and (b) the term "child" shall include an illegitimate child. by. through whom. or on whose behalf a status. privilege. or benefit is sought by virtue of the relationship of the child to its natural mother. SEC. 3. In the administration of the Immigration and Nationality Act. the Attorney General Is authorized. pursuant to such terms and conditions as he may by regulations prescribe. to adjust the status to that of an alien lawfully admitted for permanent residence in the case of (a) an alien. physically present within the United States on May 1. 1957. who is the beneficiary of an approved visa petition for immigrant status under section 203 (a) (1) (A) of the Immigration and Nationality Act filed on his behalf prior to the date of the enactment of this act. and (b) his spouse and children physically present within the United States on May 1. 1957. Upon the payment of the required visa fee and the adjustment of status under this section. the Attorney General shall record the aliens lawful admission for permanent residence as of the date of the order adjusting status. Nothing contained in this section shall be held to repeal. amend. or modify any of the provisions of the act of June 4. 1956 (70 Stat. 241). nor shall any person acquiring exchange visitors status subsequent to the enactment of that act. and who has not received a waiver pursuant thereto. be eligible for adjustment of status under this section. Pursuant to such terms and conditions. and in accordance with such procedure as he may by regulations prescribe. the Attorney General is authorized to grant nonquota status. and if otherwise admissible under the provisions of the Immigration and Nationality Act. a nonquota immigrant visa shall be issued to the spouse and child of any alien specified in clause (a) whose status has been adjusted under this section: Provided. That the marriage by virtue of which such relationship exists occurred prior to May 1. 1957: Provided further. That this section shall be applicable only to aliens admissible to the United States except for the fact that an immigrant visa is not promptly available for issuance to them because the quota of the quota area to which they are chargeable is oversubscribed. SEC. 4. (a) The provisions of the Immigration and Nationality Act relating to the deportation of aliens within the United States on the ground that they were excludable at the time of entry as (1) aliens who have sought to procure. or have procured visas or other documentation. or entry into the United States by fraud or misrepresentation or (2) as aliens who were not of the nationality specified in their visas. shall not apply to an alien otherwise admissible at the time of entry who (A) is the spouse. parent. or child of a United States citizen or of an alien lawfully admitted for permanent residence. or (B) was admitted to the United States between December 22. 1945. and November 1. 1954. both dates inclusive. and misrepresented his nationality. place of birth. identity. or residence in applying for a visa: Provided. That such alien described in clause (B) shall establish to the satisfaction of the Attorney General that the misrepresentation was predicated upon the aliens fear of persecution because of race. religion. or political opinion if repatriated to his former home or residence. and was not committed for the purpose of evading the quota restrictions of the immigration laws or an investigation of the alien at the place of his former home or residence or elsewhere. (b) After the effective date of this act. any alien who is the spouse. parent. or child of a United States citizen or of an alien lawfully admitted for permanent residence and who is excludable because (1) he seeks. has sought to procure. or has procured. a visa or other documentation. or entry into the United States. by fraud or misrepresentation. or (2) he admits the commission of perjury in connection therewith. shall hereafter be granted a visa and admitted to the United States. if otherwise admissible. if the Attorney General in his discretion has consented to the aliens applying or reapplyIng for a visa and for admission to the United States. SEC. 5. (a) Nothwithstanding the provisions of section 412 (a) (6) of the Immigration and Nationality Act as far as they relate to aliens afflicted with tuberculosis. an alien who is the spouse. parent. child. or minor unmarried adopted child. of a United States citizen or of an alien lawfully admitted for permanent residence who is accompanying or following to join such United States citizen or such alien. may be issued a visa and admitted to the United States for permanent residence if otherwise admissible under the provisions of that act. under such conditions and controls. including the giving of a bond. as the Attorney General. after consultation with the Surgeon General of the United States Public Health Service. may deem necessary to impose. (b) The Attorney General shall promptly make a detailed report to the Congress in any case in which the provisions of this section are applied. (c) This section shall expire on June 30. SEC. 6. Any alien eligible for a quota immigrant status under the provisions of section 203 (a) or (3) of the Immigration and Nationality Act on the basis of a petition approved by the Attorney General prior to March 1. 1957. shall be held to be a nonquota immigrant and. if otherwise admissible under the provisions of that act shall be issued a nonquota immigrant visa: Provided. That. upon his application for an immigrant visa. and for admission to the United States. the alien is found to have retained his relationship to the petitioner as established in the approved petition. SEC. 7. (a) Notwithstanding the provisions of section 20 of the Refugee Relief Act of 1953. as amended (67 Stat. 400. 68 Stat. 1044). special nonquota immigrant visas allotted for issuance to aliens specified in paragraphs (1). (9). (10). and (11) of section 4 (a) of such act. which remained unissued on January 1. 1957. may be issued by consular officers as defined in section 101 (a) (9) of the Immigration and Nationality Act to aliens who are refugee escapees (as defined in subsection (b)): Provided. That such alien is found to be eligible to be issued an immigrant visa and to be admitted to the United States under the provisions of the Immigration and Nationality Act: Provided further. That all special nonquota immigrant visas authorized to be issued under this section shall be issued in accordance with the provisions of section 221 of the Immigration and Nationality Act: Provided further. That a quota number is not available to such alien at the time of his application for a visa. (b) (1) For purposes of subsection (a). the term "refugee escapee" means any alien who. because of persecution or fear of persecution on account of race. religion. or political opinion has fled or shall flee (A) from any Communist. Communistdominated. or Communistoccupied area. or (B) from any country within the general area of the Middle East. and who cannot return to such area. or to such country. on account of race. religion. or political opinion. (2) For purposes of paragraph (1). the term "general area of the Middle East" means the area between and including Libya on the west. Turkey on the north. Pakistan on the east. and Saudi Arabia and Ethiopia on the south. (c) Nothing in this section shall be held to extend the Refugee Relief Act of 1953. as amended (66 Stat. 174. 68 Stat. 1044). and nothing in this section shall be held to authorize the issuance of special nonquota immigrant visas in excess of the number provided in section 3 of that act. SEC. 8. On and after July 1. 1957. the quotas proclaimed under the Immigration and Nationality Act shall not be subject to the quota deduction provisions of the act of June 25. 1948. as amended (62 Stat. 1009. 64 Stat. 219. 65 Stat. 96) or section 201 (e) (2) of the Immigration and Nationality Act (66 Stat. 176). the act of June 30. 1950 (64 Stat. 306). the act of April 9. 1952 (66 Stat. 50). or any other act of Congress enacted prior to the date of the enactment of this act. SEC. 9. (a) In the administration of section 212 (a) (9) of the Immigration and Nationality Act an alien shall not be ineligible to receive a visa and excludable from admission into the United States (1) solely by reason of a single conviction of an offense or offenses which. if committed in the United States would be a misdemeanor or misdemeanors. each punishable by imprisonment not to exceed 1 year. and for which the fine or aggregate fines actually imposed did not exceed $500. or for which the sentence or aggregate sentences to confinement actually imposed did not exceed 6 months. or both. or (2) solely by reason of the admission of the commission of an offense or offenses or the commission of acts constituting the essential elements of an offense or offenses which. if committed in the United States. would be a misdemeanor or misdemeanors punishable by imprisonment not to exceed 1 year: Provided further. That the determination whether an offense committed outside the United States would. if committed in the United States. be classified as a misdemeanor punishable by imprisonment not to exceed 1 year shall be based not on the applicable foreign law but on the provisions of the United States Code. and whenever such code fails to define a crime comparable to the one committed. on the provisions of the Criminal Code of the District of Columbia. (b) After the effective date of this act. any alien who is the spouse. parent. or child of a United States citizen or of an alien lawfully admitted for permanent residence and who is excludable from the United States under paragraph (9) of section 212 (a) of the Immigration and Nationality Act. shall be issued a visa and admitted to the United States. if otherwise admissible under the provisions of that act. (1) if it shall be established to the satisfaction of the Attorney General that (A) the aliens exclusion would result in extreme hardship to the United States citizen or lawfully resident spouse. parent. or child of such alien. and (B) the admission to the United States of such alien would not be contrary to the national welfare. safety. or security of the United States. and (2) if the Attorney General in his discretion. and pursuant to such terms. conditions. and procedures as he may by regulations prescribe. has consented to the aliens applying or reapplying for a visa and for admission to the United States. SEC. 10. Section 4 of the act of September 3. 1954 (68 Stat. 1145). is hereby repealed. SEC. 11. (a) In the administration of the Immigration and Nationality Act. any alien who is or has been paroled into the United States by the Attorney General under the authority of paragraph (5) of subsection (d) of section 212 of the Immigration and Nationality Act and has not otherwise acquired permanent residence status in the United States may apply to the Attorney General for adjustment of his status to that of an alien lawfully admitted for permanent residence. (b) If it shall appear to the satisfaction of the Attorney General that the alien has remained in the United States for at least 2 years. is a person of good moral character. and that such action would not be contrary to the national welfare. safety. or security. the Attorney General. in his discretion. may record the aliens lawful admission for permanent residence as of the date of the aliens last arrival in the United States. A complete and detailed statement of the facts and pertinent provisions of law in the case shall be reported to the Congress with the reasons for such adjustment of status. Such reports shall be submitted on the 1st and 15th day of each calendar month in which Congress is in session.