Speech #900140279

The bill will be received and appropriately referred. and. without objection. the bill will be printed in the RECORD together with the summary and the interpreter releases. The bill to amend the Immigration and Nationality Act. and for other purposes. introduced by Mr. KENNEDY of Massachusetts (for himself and other Senators). was received. read twice by its title. referred to the Committee on the Judiciary. and ordered to be printed in the RzCORD. as follows: S. 2524 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That this Act may be cited as the "Immigration and Nationality Act of 1967". SEC. 2. Section 104 of the Immigration and Nationality Act (8 U.S.C. 1104) is amended by adding at the end thereof the following new subsection: "(g) (1) There is hereby established within the Bureau of Security and Consular Ate fair a Board of Visa Appeals (hereinafter in this subsection referred to as the Board). to be independent of the Visa Office. The Board shall consist of five members to be - appointed by the Secretary of State. who shall designate one member as Chairman. The r practice and procedure before the Board shall - be in accordance with this subsection and. - subject to paragraph (4). such regulations as the Secretary of State may prescribe. - (2) Upon petition by any citizen of the If United States claiming that an alien outside the United States is entitled to a preference status by reason of the relationships deg scribed in paragraph (1). (4). or (5) of section 203(a). or to an immediate relative n status under section 201(b). or by any alien lawfully admitted for permanent residence claiming that an alien outside the United States is entitled to a preference status by reason of the relationship described in section 203 (a) (2). the Board shall have jurisdiction to review any determination of a United States consular officer refusing an immigrant visa. or revoking an immigrant visa issued. to any such alien outside the United States who has applied for classification as a preference immigrant described in any such paragraph or as an immediate relative. Each alien shall be informed of the review procedure available under this subsection when a determination refusing or revoking an immigrant visa to him is made by a consular officer. No petition for review may be filed with the Board more than sixty days after the date of notification to an alien of the making of the determination with respect to which review Is sought. "(3) Any review by the Board under this subsection shall be conducted solely upon the basis of the visa application and any other supporting documents submitted in connection with such application by or on behalf of the alien concerned. and any other documents. materials or information. in the possession of and considered by the consular officer. together wtih any briefs. memorandums. or arguments submitted in writing by or on behalf of the alien. No alien. solely by virtue of a petition for review by the Board under this subsection. shall be entitled to entry or admission into the United States. "(4) The decision of the Board in each case shall be in writing and shall be communicated to the petitioner and the alien concerned. Decisions of the Board under this subsection shall be final and conclusive on all questions of law and fact relating to the issuance or revocation of a visa and shall not be subject to review by any other official. department. agency. or establishment of the United States. or by any court by mandamus or otherwise. but nothing in this subsection shall be construed to limit the application of section 221(d)." SEC. 3. Section 203(a) (2) of the Immigration and Nationality Act (8 U.S.C. 1153(a) (2)) is amended by striking out "who are the spouses. unmarried sons or unmarried daughters of an alien lawfully admitted for permanent residence" and substituting "who are the parents. spouses. unmarried sons or unmarried daughters of an alien lawfully admitted for permanent residence: Provided. That in the case of parents. such lawfully admitted permanent resident alien must be at least twentyone years of age." SEc. 4. (a) Section 201(a) of the Immigration and Nationality Act (8 U.S.C. 1151(a)) is amended (1) by inserting. immediately after "section 101(a) (27)." the following: "of alien refugees specified in section 207.". and (2) by striking out "or who may. pursuant to section 203(a) (7) enter conditionally.". (b) Section 202 of the Immigration and Nationality Act (8 U.S.C. 1152) is amended as follows: (1) In subsection (a) strike out "and the number of conditional entries". (2) In subsection (a). Immediately after "section 201 (b) ". insert "or an alien refugee as described In section 207 (a) or (b) ". SEC. 5. (a) Section 203 of the Immigration and Nationality Act (8 U.S.C. 1153) is amended as follows: (1) That portion of subsection (a) which precedes paragraph (1) is amended by strikIng out "or their conditional entry authorized. as the case may be". (2) Paragraph (7) of subsection (a) is amended to read as follows: "(7) Visas shall next be available. in a number not to exceed 6 per centum of the number specified in section 201 (a) (11). to qualified immigrants who are"(A) aliens engaged solely or principally by any religious denomination who are seeking admission to the United States to perform duties which are related to the religious objectives of such denomination. or "(B) aliens who affirmatively establish that they will not seek employment in the United States and will not have to earn a livIng. or "(C) aliens seeking to enter the United States to engage in a commercial or agricultural enterprise in which they will invest a substantial portion of the capital commodities. services. patents. processes. or techniques invested in such enterprise. or "(D) the flancees of citizens of the United States or of aliens lawfully admitted for permanent residence coming to the United States with a bona fide intention of being married to such citizens or lawfully admitted permanent residents and who affirmatively establish that they will not seek employment in the United States and will not have to earn a living." (3) Paragraph (8) of subsection (a) Is amended by striking out "paragraphs (1) through (6) and less the number of conditional entries and visas made available pursuant to paragraph (7)" and substituting "paragraphs (1) through (7)". (4) Paragraph (9) of subsection (a) is amended by striking out "or to conditional entry". (5) Subsection (d) of such section is amended by striking out "paragraphs (1) through (6)" and substituting "paragraphs (1) through (7)". (6) Subsections (f). (g). and (h) of such section are hereby repealed. except that the provisions of such subsections shall continue in force and effect with respect to any alien who conditionally entered the United States as a refugee pursuant to the provisions of subsection (a) (7) of such section in effect prior to the effective date of this Act. SEC. 6. (a) (1) Chapter 1 of title II of the Immigration and Nationality Act (8 U.S.C. 1151 et seq.) is amended by adding at the end thereof a new section as follows: