10

12

1 States was financed in whole or in part, directly or indirectly, 2 by an agency of the Government of the United States or by 3 the government of the country of his nationality or his last 4 residence, or (2) who at the time of admission or acquisition 5 of status under section 101 (a) (15) (J) was a national or 6 resident of a less developed country which the Secretary of 7 State, pursuant to regulations prescribed by him, had desig8 nated as clearly requiring the services of persons engaged in 9 the field of specialized knowledge or skill in which the alien was engaged, shall be eligible to apply for an immigrant 11 visa, or for permanent residence, or for a nonimmigrant visa 12 under section 101 (a) (15) (H) until it is established that 13 such person has resided and been physically present in the 14 country of his nationality or his last residence for an aggregate of at least two years following departure from the United 16 States, except that upon the favorable recommendation of 17 the Secretary of State, pursuant to the request of an interested 18 United States Government agency, or of the Commissioner 19 of Immigration and Naturalization after he has determined 20 that departure from the United States would impose excep21 tional hardship upon the alien's spouse or child (if such spouse or child is a citizen of the United States or a lawfully 23 resident alien) or that the alien cannot return to the country 24 of his nationality or last residence because he would be sub

15

22

25

ject to persecution on account of race, religion, or political

13

1 opinion, the Attorney General may waive the requirement 2 of such two-year foreign residence abroad in the case of any 3 alien whose admission to the United States is found by the 4 Attorney General to be in the public interest: Provided, That 5 the Attorney General may waive such two-year foreign resi6 dence requirement in any case in which the foreign country 7 of the alien's nationality or last residence has furnished the 8 Attorney General a statement in writing that it has no objec9 tion to such waiver in the case of such alien."

10

SEC. 9. Section 214 of the Immigration and Nationality 11 Act (8 U.S.C. 1184) is amended by adding at the end 12 thereof the following new subsection:

13 "(d) A visa shall not be issued under the provisions of 14 section 101 (a) (15) (K) until the consular officer has 15 received a petition filed in the United States by the fiance or 16 fiancee of the applying alien and approved by the Attorney 17 General. The petition shall be in such form and contain such 18 information as the Attorney General shall by regulations pre19 scribe. It shall be approved only after satisfactory evidence is 20 submitted by the petitioner to establish that the parties have 21 a bona fide intention to marry and are legally able and 22 actually willing to conclude a valid marriage in the United 23 States within a period of ninety days after the alien's arrival." 24 SEC. 10. (a) Section 224 of the Immigration and 25 Nationality Act (8 U.S.C. 1204) is amended by inserting

14

1 "alien refugee," immediately after "special immigrant" each

2 place it appears.

3 (b) The section heading for such section is amended by

4 inserting ", ALIEN REFUGEE," immediately after "IMME

5

6

DIATE RELATIVE.”

(c) The item relating to such section 224 in the table 7 of contents of such Act is amended by inserting ", alien 8 refugee," immediately after "immediate relative."

9 SEC. 11. Section 241 (a) (10) of the Immigration and 10 Nationality Act (8 U.S.C. 1251 (a) (10)) is amended by 11 striking out the language within the parentheses and insert12 ing in lieu thereof the following: "other than an alien who 13 is described in section 101 (a) (27) (A) or is a native-born 14 citizen of any independent foreign country of the Western 15 Hemisphere or of the Canal Zone."

16 SEC. 12. Section 244 (d) of the Immigration and 17 Nationality Act (8 U.S.C. 1254 (d)) is amended by strik18 ing out "is entitled to a special immigrant classification under 19 section 101 (a) (27) (A), or".

20

SEC. 13. Section 245 (c) of the Immigration and 21 Nationality Act (8 U.S.C. 1255 (c)) is amended by strik

222

23

ing out "any country of the Western Hemisphere" and

inserting in lieu thereof "any country contiguous to the 24 United States".

SEC. 14. (a) (1) Chapter 9 of title II of the Immigra

15

1 tion and Nationality Act (8 U.S.C. 1351-1362) is amended

2 by adding at the end thereof the following new section:

3

4

"LIMITATIONS ON DEPORTATION

"SEC. 293. (a) No alien lawfully admitted to the United 5 States for permanent residence, other than an alien who ob

6 tained such status by fraud, concealment, misrepresentation,

7

8

or other misconduct, shall be deported solely by reason of

any conduct or event occurring or condition existing more 9 than ten years prior to the institution of deportation proceed

10 ings against him.

11

"(b) No alien lawfully admitted to the United States 12 for permanent residence before attaining the age of fourteen

13

years shall be deported if he has resided continuously within 14 the United States for a period of at least ten years immedi15 ately preceding the institution of deportation proceedings 16 against him and after having been lawfully admitted for per17 manent residence, including as part of such period at least 18 nine years of physical presence in the United States.

19

"(c) No alien lawfully admitted to the United States 20 for permanent residence other than an alien who obtained 21 such status by fraud, concealment, misrepresentation, or other 22 misconduct, shall be deported if he has resided continuously 23 within the United States for a period of at least twenty years 24 immediately preceding the institution of the deportation pro

16

1 ceedings against him and after having been lawfully admitted

for permanent residence, including as part of such period 3 at least eighteen years of physical residence in the United 4 States.

5

"(d) The benefits of this section shall be applicable to

6 any alien notwithstanding (1) that any of the facts by reason of which subsection (a), (b), or (c) may be applicable,

7

8 including the date of admission for permanent residence in 9 the United States, occurred or existed prior to the effective 10 date of the Immigration and Nationality Act Amendments 11 of 1969, or (2) that the status of an alien lawfully admitted 12 for permanent residence was erroneously or illegally granted 13 to such alien through no fault of his own, that this section 14 shall not be applicable to aliens as to whom deportation pro15 ceedings are pending on such effective date.

16

"(e) Any alien whose deportation is prevented under 17 this section and whose status as an alien lawfully admitted for 18 permanent residence was erroneously or illegally granted 19 through no fault of his own shall remain in that status not20 withstanding any other provision of this Act."

21 (2) The table of contents of chapter 9 of title II of the

225

22 Immigration and Nationality Act is amended by adding at

23 the end thereof the following:

24

"Sec. 293. Limitations on Deportation."

(b) Section 340 of the Immigration and Nationality Act