Speech #980217490

Page 90. line 10. insert "TEMPORARY OR" before "PERMANENT". Page 91. line 18. strike out "(b)(3)" and insert in lieu thereof "(c)(3)". Page 92. after line 15. insert the following new subsection (and redesignate the succeeding subsections accordingly): "(b)(1) The Attorney General may. in his discretion and under such regulations as he shall prescribe. adjust the status of an alien to that of an alien lawfully admitted for temporary residence if"(A) the alien has entered the United States. is physically present in the United States. and applies for such adjustment during the oneyear period described in subsection (a)(1). "(B)(i)(I) the alien (other than an alien who entered as a nonimmigrant) establishes that he entered the United States prior to January 1. 1980. and has resided continuously in the United States in an unlawful status since January 1. 1980. or "(II) the alien entered the United States as a nonimmigrant before January 1. 1980. the aliens period of authorized stay as a nonimmigrant expired before January 1. 1980. through the passage of time or the aliens unlawful status was known to the Government as of January 1. 1980. and the alien has resided continuously in the United States in an unlawful status since January 1. 1980. and "(III) in the case of an alien who at any time was a nonimmigrant exchange alien (as defined in section 101(a)(15)(J)). the alien was not subject to the twoyear foreign residence requirement of section 212(e) or has fulfilled that requirement or received a waiver thereof. or "(ii) the alien"(I) has received an immigration designation as a Cuban/Haitian Entrant (Status Pending). or "(II) is a national of Cuba or Haiti who arrived in the United States before January 1. 1982. and with respect to whom any record was established by the Immigration and Naturalization Service before January 1. 1982. and (unless the alien filed an application for asylum with the Service before January 1. 1982) was not admitted to the United States as a nonimmigrant. and "(C) the alien"(I) is admissible to the United States as an immigrant. except as otherwise provided under subsection (c)(3). "(ii) has not been convicted of any felony or of three or more misdemeanors committed in the United States. "(iii) has not assisted in the persecution of any person or persons on account of race. religion. nationality. membership in a particular social group. or political opinion. and "(iv) registers under the Military Selective Service Act. if the alien is required to be so registered under that Act. Notwithstanding subparagraph (A). an alien who (at any time during the oneyear period described in such subparagraph) is the subject of an order to show cause issued under section 242. must make application under such subparagraph not later than the end of the 30day period beginning either on the first day of such oneyear period or on the date of the issuance of such order. whichever day is later. For purposes of subparagraph (A). an alien described in subparagraph (B)(ii) shall be considered to have entered the United States. "(2) During the period an alien is in the lawful temporary resident status granted under paragraph (1)"(A) the Attorney General shall permit the alien to return to the United States after such brief and casual trips abroad as reflect an intention on the part of the alien to adjust to lawful permanent resident status under paragraph (3). and "(B) the Attorney General shall grant the alien authorization to engage in employment in the United States and provide to that alien an employment authorized endorsement or other appropriate work permit. "(3) The Attorney General. in his discretion and under such regulations as he may prescribe. may adjust the status of any alien provided lawful temporary resident status under paragraph (1) to that of an alien lawfully admitted for permanent residence if the alien"(A) applies for such adjustment during the sixmonth period beginning with the first day of the thirtyseventh month that begins after the date the alien was granted such temporary resident status. "(B) establishes that he has continuously resided in the United States since the date the alien was granted such temporary resident status. "(C)(i) is admissible to the United States as an immigrant. except as otherwise provided under subsection (c)(3). "(ii) has not been convicted of any felony or three or more misdemeanors committed in the United States. "(tii) has not assisted in the persecution of any person or persons on account of race. religion. nationality. membership in a particular social group. or political opinion. and "(iv) has registered under the Military Selective Service Act. if the alien is required to be so registered under that Act. and "(D) can demonstrate that he either (i) meets the requirement of paragraph (1) of section 312 (relating to minimal understanding of ordinary English). or (ii) is satisfactorily pursuing a course of study (recognized by the Attorney General) to achieve such an understanding of English. "(4) The Attorney General shall provide for termination of temporary resident status granted an alien under this subsection"(A) if the alien commits an act that (I) makes the alien inadmissible to the United States as an immigrant. except as otherwise provided under subsection (c)(3). or (ii) is convicted of any felony or three or more misdemeanors committed in the United States. or "(B) at the end of the fortysecond month beginning after the date the alien is granted such status. unless the alien has filed an application for adjustment of such status pursuant to paragraph (3) and such application has not been denied. Page 92. line 17. page 93. line 4. page 95. lines 12 and 21. and page 97. lines 23 and 24. insert "or (b)(1)" after "subsection (a)". Page 93. beginning on line 21. strike out "subsection (a)(3)(A)" and insert in lieu thereof "subsections (a)(3)(A). (b)(1)(C)(i). (b)(3)(C)(i). and (b)(4)(A)(i)".