Speech #910184278

Third. The bill establishes a new nonimmigrant classification for aliens coming to the United States for the purpose of marrying a U.S. citizen. The visas would only be available upon approval of a visa petition filed by the prospective citizen spouse. The fiance who marries a U.S. citizen within 90 days after temporary admission would be granted permanent residence through regular immigration procedure. if found otherwise admissible. A petition would have been filed by the American citizen in behalf of the intended spouse to authorize temporary admission to the United States. Their marriage within the specified time would exempt the alien spouse. as an "immediate relative." from the annual numerical limitation on visa issuance. The alien spouse. regardless of place of birth. if admissible. would be eligible for permanent resident status under a procedure similar to that provided in section 245. The required fee paid in connection with the change to permanent resident status would be considered as payment of the visa fee when the record of permanent residence is created. In the event the marriage fails to occur. provision is made for the aliens deportation. Fourth. The bill also would effect some changes in the present provisions of section 212(e) of the Immigration Act requiring exchange visitors to reside for a period of 2 years in their country of nationality or last residence before being eligible to apply for a visa or permanent residence in the United States. As amended that provision would impose the 2year foreign residence requirement only where the exchange visitors participation was financed by the United States or his own government or. regardless of financing. the alien was a national of a country which the Secretary of State had designated as requiring his talents and skills. The amended section would retain the provision for waiver of the foreign residence requirement in cases of hardship to the aliens citizen or permanent resident spouse or child. and the waiver based upon the request of an interested government agency. and would add provisions for a waiver if the alien cannot return to his home country because he would be subject to persecution and a waiver upon the recommendation of the Secretary of State in cases where a statement in writing is obtained from the aliens home country that there is no objection to a waiver in the aliens case.