Speech #910126568

The bill will be received and appropriately referred. and. without objection the bill and summary will be printed in the RECORD. as requested. The bill to revise the Immigration and Nationality Act. introduced by Mr. KENNEDY (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 RECORD. as follows: S. 3202 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 Amendments of 1969." SEC. 2. Section 101 of the Immigration and Nationality Act (8 U.S.C. 1101) is amended as follows: (1) Subsection (a) (15) is amended (A) by adding at the end of subparagraph (H) the following new clause: "or (iv) who immediately preceding the time of his application for admission into the United States has been employed by an individual or by a corporation or other legal entity and who is coming temporarily to the United States in order to continue to render his services to the same employer at a branch office. affiliate. or subsidiary in a capacity that is executive or managerial or involves specialized knowledge.". and (B) by striking out the period at the end of subparagraph (J) and inserting in lieu thereof a semicolon and "or". and by adding after subparagraph (J) the following new paragraph: "(K) an alien who is the fiance or fiancee of a citizen of the United States or of an alien lawfully admitted for permanent residence and who seeks to enter the United States solely to conclude a valid marriage within 90 days after entry into the United States. (2) Subsection (a) (27) is amended(A) by striking out subparagraph (A) and redesignating subparagraphs (B). (C). (D). and (E) as subparagraphs (A). (B). (C). and (D). respectively. and (B) by striking out "carrying on the vocation of minister of a religious denomination" in the subparagraph redesignated as subparagraph (C) and inserting in lieu thereof "performing duties which are related to the religious activities of a religious denomination." SEc. 3. 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 Affairs a Board of Visa Appeals (hereafter referred to in this subsection 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 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"(A) by any citizen of the United States claiming that an alien outside the United States is entitled to (i) a preference status by reason of a relationship to the petitioner described in paragraph (1). (4). or (5) of section 203(a). or (i) an immediate relative status under section 201 (b). or "(B) 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 to the petitioner described in paragraph (2) of section 203(a). the Board shall have jurisdiction to review any determination of a United States consular officer refusing an immigration 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 with any briefs. memoranda. 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. but. nothing in this subsection shall be construed to limit the application of section 221 (d)." S.c. 4. (a) Subsection (a) of Section 201 of the Immigration and Nationality Act (8 U.S.C. 1151) is amended to read as follows: "(a) Exclusive of special immigrants defined in section 101 (a) (27). of alien refugees who may apply for adjustment of status to that of aliens lawfully admitted to the United States for permanent residence under the Act of November 2. 1966 (80 Stat. 1161). 8 U.S.C. 1255 note). and of the immediate relatives of United States citizens specified in subsection (b) of this section. the number of aliens who may be issued immigrant visas or who may otherwise acquire the status of an alien lawfully admitted to the United States for permanent residence. (I) shall not in any of the first three quarters of any fiscal year exceed a total of 80.000 and (ii) shall not in any fiscal year exceed a total of 300.000: Provided. That. during the period from the effective date of the Immigration and Nationality Act Amendments of 1969 through June 30. 1973. the number of aliens specified in this subsection (a) shall not in any of the first three quarters of any fiscal year exceed a total of 45.000 and shall not in any fiscal year exceed a total of 170.000 for aliens ascribed to independent foreign countries of the Eastern Hemisphere. and (B) shall not in any of the first three quarters of any fiscal year exceed a total of 35.000 and shall not in any fiscal year exceed a total of 130.000 for aliens ascribed to independent foreign countries of the Western Hemisphere." (b) Subsections (c). (d). and (e) of such section are repealed. SEC. 5. (a) Subsection (a) of section 202 of the Immigration and Nationality Act (8 U.S.C. 1152) is amended(1) by striking out "and the number of conditional entries" in the first proviso(2) by amending the second proviso to read as follows: "Provided further. That. notwithstanding the preceding proviso. the total number of immigrant visas made available to natives of any country contiguous to the United States shall not exceed 35.000 in any fiscal year.". and (b) Subsection (c) of such section is amended by striking out "shall not exceed 1 per centum" and insert in lieu thereof "shall not exceed 3 per centum". SEC. 6. (a) Subsection (a) of section 203 of the Immigration and Nationality Act (8 U.S.C. 1153) is amended(1) by striking out "or their conditional entry authorized. as the case may be." in the portion which precedes paragraph (1). (2) in paragraph (1). by striking out "20" and insert in lieu thereof "10". (3) in paragraph (2). by inserting a comma and "or parents" after "unmarried daughters" and insert after "permanent residence" the following: ": Provided. That in the case of parents. such alien lawfully admitted for permanent residence must be at least twentyone years of age". (4) in paragraph (3). by striking out "10" and insert in lieu thereof "15". and insert after "201 (a) (ii)." the following "plus any visas not required for the classes specified in paragraphs (1) and (2).". (5) in paragraph (5). by striking out "24" and insert in lieu thereof "20". and by striking out "brothers or sisters" in that paragraph and inserting in lieu thereof "unmarried brothers or unmarried sisters". (6) in paragraph (6). by striking out "10" and insert in lieu thereof "15". and insert after "201 (a) (it)." the following: "plus any visas not required for the classes specified in paragraphs (1) through (5).". and (7) by amending paragraph (7) to read as follows: "(7) (A) Visas shall next be made available. pursuant to such regulations as the Secretary of State may prescribe and in a number not to exceed 10 per centum of the number specified in section 201 (a) (ii). to alien refugees described in subparagraph (B). who are not firmly resettled and apply for admission to the United States while in any noncommunist or noncommunist dominated country or area. "(B) The term alien refugee means (i) any alien (I) who has fled or shall flee from and is unwilling to return to any communist or communistdominated country or area. owing to a wellfounded fear of being persecuted for reasons of race. religion. nationality. membership of a particular social group. or political opinion. or (II) who has fled or shall flee from and is unwilling to return to any country owing to a wellfounded fear of being persecuted for reasons of race. religion. nationality. membership of a particular social group. or political opinion. or (III) who has been uprooted by natural calamity or military operations and who is unable to return to his usual place of abode. and (ii) the spouse and children of any such alien. if accompanying or following to join him.". (b) Subsections (g) and (h) of such section are repealed. SEC. 7. (a) Paragraph (4) of subsection (a) of section 212 of the Immigration and Nationality Act (8 U.S.C. 1182(a)) is amended by striking "or a mental defect". (b) Paragraph (14) of subsection (a) of such section is amended by striking out "to special immigrants defined In section 101(a) (27) (A) (other than the parents. spouses. or children of United States citizens or aliens lawfully admitted to the United States for permanent residence).". (c) Paragraph (24) of subsection (a) of such section is amended by striking out "(A) and". (d) Subsection (b) of such section is amended by striking out "paragraph (25) of subsection (a) " at the first place it appears. and inserting in lieu thereof "paragraphs (1) or (25) of subsection (a)". (e) Paragraph (5) of subsection (d) of such section is amended to read as follows: "(5) (A) The Attorney General may in his discretion parole Into the United States temporarily under such conditions as he may prescribe for emergent reasons or for reasons deemed strictly in the public interest any alien applying for admission to the United States. but such parole of such alien shall not be regarded as an admission of the alien and when the purposes of such parole shall. in the opinion of the Attorney General. have been served the alien shall forthwith return or be returned to the custody from which he was paroled and thereafter his case shall continue to be dealt with in the same manner as that of any other applicant for admission to the United States. "(B) Notwithstanding the numerical limitations specified in any other section of this Act. any alien who has been paroled into the United States as a refugee pursuant to subparagraph (A). whose parole has not theretofore been terminated by the Attorney General pursuant to such regulations as he may prescribe. who has been In the United States for at least two years and who has not acquired permanent residence. shall forthwith return or be returned to the custody of the Service and shall thereupon be inspected and examined for admission into the United States. and his case dealt with In accordance with the provisions of sections 235. 236. and 237. "(C) Any alien who. pursuant to subparagraph (B). is found upon inspection by the immigration officer or after hearing before a special inquiry officer. to be admissible as an immigrant under this Act at the time of his inspection and examination. except for the fact that he was not and is not in possession of the documents required by section 212 (a) (20). shall be regarded as lawfully admitted to the United States for permanent residence as of the date of his arrival." (f) Subsection (e) of such section is amended to read as follows: "(e) No person admitted under section 101 (a) (15) (J) or acquiring such status after admission (1) whose participation In the program for which he came to the United States was financed in whole or In part. directly or indirectly. by an agency of the Government of the United States or by the government of the country of his nationality or his last residence. or (2) who at the time of admission or acquisition of status under section 101(a)(15)(J) was a national or resident of a less developed country which the Secretary of State. pursuant to regulations prescribed by him. had designated as clearly requiring the services of persons engaged In the field of specialized knowledge or skill in which the alien was engaged. shall be eligible to apply for an immigrant visa. or for permanent residence. or for a nonimmigrant visa under section 101(a) (15) (H) until it is established that such person has resided and been physically present In the country of his nationality or his last residence for an aggregate of at least two years following departure from the United States. except that upon the favorable recommendation of the Secretary of State. pursuant to the request of an interested United States Government agency. or of the Commissioner of Immigration and Naturalization after he has determined that departure from the United States would impose exceptional hardship upon the aliens spouse or child (if such spouse or child Is a citizen of the United States or a lawfully resident alien) or that the alien cannot return to the country of his nationality or last residence because he would be subject to persecution on account of race. religion. or political opinion. the Attorney General may waive the requirement of such twoyear foreign relsdence abroad in the case of any alien whose admission to the United States is found by the Attorney General to be in the public interest. Provided: That the Attorney General may waive such twoyear foreign residence requirement in any case In which the foreign country of the aliens nationality or last residence has furnished the Attorney General a statement in writing that it has no objection to such waiver in the case of such alien." (g) Subsection (g) of such section is amended by striking out "who is excludable from the United States under paragraph (1) of subsection (a) of this section. or any alien". SEC. 8. Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184) is amended by adding at the end thereof the following new subsection: "(d) A visa shall not be issued under the provisions of section 101 (a) (15) (k) until the consular officer has received a petition filed in the United States by the fiance or fiancee of the applying alien and approved by the Attorney General. The petition shall be in such form and contain such information as the Attorney General shall by regulations prescribe it shall be approved only after satisfactory evidence is submitted by the petitioner to establish that the parties have a bona fide intention to marry and are legally able and actually willing to conclude a valid marriage in the United States within a period of 90 days after the aliens arrival." SEC. 9. (a) Section 224 of the Immigration and Nationality Act (8 U.S.C. 1204) is amended by inserting "alien refugee." immediately after "special immigrant" each place it appears. (b) The section heading for such section is amended by inserting ". alien refugee." immediately after "immediate relative." (c) The item relating to such section 224 in the table of contents of such Act is amended by inserting ". alien refugee." immediately after "immediate relative." SEC. 10. Section 241(a) (10) of the Iunigration and Nationality Act (8 U.S.C. 1251 (a) (10)) is amended by striking out the language within the parentheses and inserting In lieu thereof the following: "other than an allen who Is described in section 101(a) (2) (A) or Is a nativeborn citizen of any independent foreign country of the Western Hemisphere or of the Canal Zone." SEC. 11. Section 244(d) of the Immigration and Nationality Act (8 U.S.C. 1254(d)) is amended by striking out "is entitled to a special immigrant classification under section 101(a) (27) (A). or ". SEC. 12. Section 245 (c) of the Immigration and Nationality Act (8 U.S.C. 1255 (c)) is amended by striking out "any country of the Western Hemisphere" and inserting in lieu thereof "any country contiguous to the United States." SEC. 13. (a) (1) Chapter 9 of Title II of the Immigration and Nationality Act (8 U.S.C. 13511362) Is amended by adding at the end thereof the following new section: