Speech #890248104

Mr. Speaker. the purpose of the bill before us today. H.R. 12596. is to permit the Attorney General to adjudicate those applications for adjustment to permanent residence status. filed prior to December 1. 1965. the effective date of the recent amendments to the Immigration and Nationality Act. by persons born in the Western Hemisphere. Prior to the effective date of the act of October 3. 1965Public Law 89236natives of the Western Hemisphere. with the exception of natives of Canada. Mexico. and of the adjacent islands of the Caribbean. were eligible for adjustment of status to that of persons admitted for permanent residence while they were in the United States. However. in view of the fact that the Immigration and Naturalization Service had been faced with the recurring problem where natives of Central and South America came to the United States as nonimmigrant visitors. and thereafter promptly sought permanent residenice in the United States. the committee saw fit to recommend legislation whereby all natives of the Western Hemisphere would be precluded from adjustment of status in the United States. Thus. the act of October 3. 1965. amended section 245the adjustment of status section of the Immigration and Nationality Actto accomplish this purpose. As a result of this amendment. between 800 and 1.000 otherwise eligible natives of Western Hemisphere countries. who had filed applications for adjustment of status with the Attorney General before December 1. 1965. but whose applications could not be adjudicated before the amendment became effective. were ineligible for such adjustment. This legislation would permit the Attorney General to process and adjudicate these applications in the same manner and under the same standards and criteria established by law and regulation that existed prior to the effective date of the amendment. The bill is. in effect. a savings clause with respect to the applications by otherwise eligible Western Hemisphere natives who were unable to obtain prompt adjudication of their applications. These aliens for the most part admitted to the United States as students or visitors would thus be relieved from the financial burden and hardship of departing from the United States. journeying to their native country. securing an immigrant visa there. and then returning to the United States for admission for permanent residence. This legislation is not intended to provide for adjustment of status pf Western Hemisphere aliens who were ineligible for such adjustment prior to the amendments of October 3. 1965. to the Immigration and Nationality Act. Likewise. this legislation in no way affects or curtails the discretion given to the Attorney General in adjusting status under provisions of the law. Inasmuch as the labor certification requirementssection 212(a) (14) of the Immigration and Nationality Actbecame effective on December 1. 1965. this requirement will not be applicable in the processing of petitions filed before that date. The bill was ordered to be engrossed and read a third time. was read the third time. and passed. and a motion to reconsider was laid on the table.