Speech #890315011

My final concern is that the conference report provides for a less strict residency qualification than did the House version of the bill. The main objective of the original bill was to permit those Cubans who wished to apply for permanent residence status to do so without leaving the country. The House version provided that if he was found eligible. his resident status dated from the date of such approval. 28.607 Thus. under our naturalization law. a 5year period thereafter would be required before he could become a U.S. citizen. The other body proposed that the Cubans permanent resident status be retroactive to the date he arrived in this country. This would amount to instant citizenship for manyall who came before 1962. for example. would have been credited with 5year permanent residence. My objection to this provision is that the refugees did not come as intending permanent residentsthey came with an intent to return to their homes in Cuba. Until the intent was changed. and I concede that a great many have come to this change in their plans. the refugee could not be considered as one who had elected to become a permanent resident of the United States. And our laws provide that in order to apply for citizenship. 5 years in such elected permanent resident status is required. Your conferees were not able to sustain the House position on this point. but we did secure a compromise under which the absolute maximum anyone can have by way of retroactive permanent resident credit is 30 months. This figure. 30 months. is the same amount of continuous physical presence in the United States as required under present law during the 5year permanent resident period for citizenship. I emphasize that 5 years of permanent residence is still required for qualification for U.S. citizenship. The bill was strengthened in conference by adoption of the requirement that the Cuban refugee cannot apply for adjustment of status until he has been in the United States for 2 years. The Senate provision for refugees from the Dominican Republic has been eliminated. The House conferees have agreed that this matter will be the subject of investigation and study early in the next Congress. The bill was also strengthened by incorporation of the House date limitation so that only Cubans who have entered since January 1. 1959. are eligible for adjustment.