S. 296 (102nd): Armed Forces Immigration Adjustment Act of 1991

102nd Congress, 1991–1992. Text as of Oct 01, 1991 (Passed Congress/Enrolled Bill).

Status & Summary | PDF | Source: GPOStatutes at Large

PUBLIC LAW 102-110—OCT. 1, 1991                                          105 STAT. 555

Public Law 102-110
102d Congress
                                     An Act
To amend the Immigration and Nationality Act to provide for special immigrant                Oct. 1,1991
  status for certain aliens who have served honorably (or are enlisted to serve) in the
  Armed Forces of the United States for at least 12 years.                                     [S. 296]

 Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,                                            Armed Forces
                                                                                           Immigration
SECTION 1. SHORT TITLE.                                                                    Adjustment Act
                                                                                           of 1991.
 This Act may be cited as the "Armed Forces Immigration Adjust-                            8 u s e 1101
ment Act of 1991".                                                                         note.
SEC. 2. SPECIAL IMMIGRANT STATUS FOR ALIENS WHO HAVE SERVED
          HONORABLY (OR ARE ENLISTED TO SERVE) IN THE ARMED
          FORCES OF THE UNITED STATES FOR AT LEAST 12 YEARS.
  (a) IN GENERAL.—Section 101(a)(27) of the Immigration and
NationaUty Act (8 U.S.C. 1101(a)(27)) is amended—
       (1) by striking "or" at the end of subparagraph (I),
       (2) by striking the period at the end of subparagraph (J) and
     inserting "; or", and
       (3) by adding at the end the following new subparagraph:
        "(K) an immigrant who has served honorably on active duty
     in the Armed Forces of the United States after October 15, 1978,
     and after original lawful enlistment outside the United States
     (under a treaty or agreement in effect on the date of the
     enactment of this subparagraph) for a period or periods
     aggregating—
            "(i) 12 years and who, if separated from such service, was
          never separated except under honorable conditions, or
            "(ii) 6 years, in the case of an immigrant who is on active
          duty at the time of seeking special immigrant status under
          this subparagraph and who has reenlisted to incur a total
          active duty service obligation of at least 12 years,
     and the spouse or child of any such immigrant if accompanying
     or following to join the immigrant, but only if the executive
     department under which the immigrant serves or served rec-
     ommends the granting of special immigrant status to the im-
     migrant.".
  (b) NUMERICAL LIMITATIONS.—Section 203(b) of the Immigration
and Nationality Act (8 U.S.C. 1153(b)), as inserted by section 121(a)
of the Immigration Act of 1990, is amended by adding at the end the
following new paragraph:
        "(6) SPECIAL RULES FOR 'K' SPECIAL IMMIGRANTS.—
             "(A) NOT COUNTED AGAINST NUMERICAL LIMITATION IN
           YEAR INVOLVED.—Subject to subparagraph (B), the number
           of immigrant visas made available to special immigrants
           under section 101(a)(27)(K) in a fiscal year shall not be
           subject to the numerical limitations of this subsection or of
           section 202(a).

105 STAT. 556 PUBLIC LAW 102-110—OCT. 1, 1991 "(B) COUNTED AGAINST NUMERICAL LIMITATIONS I N FOL- LOWING YEAR.— "(i) REDUCTION I N EMPLOYMENT-BASED IMMIGRANT CLASSIFICATIONS.—The number of visas made available in any fiscal year under paragraphs (1), (2), and (3) shall each be reduced by Va of the number of visas made available in the previous fiscal year to special immigrants described in section 101(a)(27)(K). "(ii) REDUCTION IN PER COUNTRY LEVEL.—The number of visas made available in each fiscal year to natives of a foreign state under section 202(a) shall be reduced by the number of visas made available in the previous fiscal year to special immigrants described in section 101(a)(27)(K) who are natives of the foreign state. "(iii) REDUCTION IN EMPLOYMENT-BASED IMMIGRANT CLASSIFICATIONS WITHIN PER COUNTRY CEILING.—In the case of a foreign state subject to section 202(e) in a fiscal year (and in the previous fiscal year), the number of visas made available and allocated to each of para- graphs (1) through (3) of this subsection in the fiscal year shall be reduced by Va of the number of visas made available in the previous fiscal year to special im- migrants described in section 101(a)(27)(K) who are na- tives of the foreign state. "(C) APPLICATION OF SEPARATE NUMERICAL LIMITATION.— "(i) IN GENERAL.—Subject to clause (ii), the number of immigrant visas made available to special immigrants under section 101(a)(27)(K) in any fiscal year (other than as a spouse or child described in such section) may not exceed— "(I) in the case of aliens who are nationals of a foreign state for which there is a numerical limita- tion treaty or agreement (as defined in clause (iii)), 2,000, or "(II) in the case of aliens who are nationals of any other state, 100. "(ii) EXCEPTION FOR ALIENS CURRENTLY MEETING REQUIREMENTS.—The numerical limitations of clause (i) shall not apply to individuals who meet the require- ments of section 101(a)(27)(K) as of the date of the enactment of this subparagraph. "(iii) NUMERICAL LIMITATION TREATY OR AGREE- MENT.—In clause (i), the term 'numerical limitation treaty or agreement' means a treaty or agreement in effect on the date of the enactment of this subpara- graph which authorizes and limits the number of aliens who are nationals of such state who may be enlisted annually in the Armed Forces of the United States.", (c) ADJUSTMENT OF STATUS.—Section 245 of the Immigration and Nationality Act (8 U.S.C. 1255) is amended— (1) in subsection (c)(2), by striking "or (I)" and inserting ", (I), or (K)", and (2) by adding at the end the following new subsection: "(g) In applying this section to a special immigrant described in section 101(a)(27)(K), such an immigrant shall be deemed, for pur- poses of subsection (a), to have been paroled into the United States.".
PUBLIC LAW 102-110—OCT. 1, 1991 105 STAT. 557 (d) EFFECTIVE DATE.—This section shall take effect 60 days after 8 USC lioi the date of the enactment of this Act. "°*®- SEC. 3. DELAY UNTIL APRIL 1,1992, IN IMPLEMENTATION OF PROVISIONS 8 USC 1101 RELATING TO O AND P NONIMMIGRANTS. ^°^- Section 214(g)(1)(C) of the Immigration and Nationality Act shall not apply to the issuance of visas or provision of status before April 1, 1992. Aliens seeking nonimmigrant admission as artists, athletes, entertainers, or fashion models (or for the purpose of accompanying or assisting in an artistic or athletic performance) before April 1, 1992, shall not be admitted under subparagraph (0)(i), (OXii), (P)(i), or (P)(iii) of section 101(a)(15) of such Act, but may be admitted under the terms of subparagraph (H)(i)(b) of such section (as in effect on September 30,1991). SEC. 4. CONTINUATION OF DERIVATIVE STATUS FOR SPOUSES AND CHIL- DREN OF THIRD AND SIXTH PREFERENCE IMMIGRANTS; DEEMED CONTINUED EFFECTIVENESS OF CERTAIN EMPLOY- MENT-BASED PETITIONS. Effective as if included in the Immigration Act of 1990, section Effective date. 161(c) of such Act is amended by adding at the end the following new 8 USC llOl paragraphs: note. "(3) In the case of an alien who is described in section 203(a)(8) of the Immigration and Nationality Act (as in effect before October 1, 1991) as the spouse or child of an alien described in section 203(aX3) or 203(a)(6) of such Act and who would be entitled to enter the United States under such section 203(a)(8) but for the amendments made by this section, such an alien shall be deemed to be described in section 203(d) of such Act as the spouse or child an an alien described in section 203(b)(2) or 203(b)(3)(A)(i), respectively, of such Act with the same priority date as that of the principal alien. "(4)(A) Subject to subparagraph (B), any petition filed before October 1, 1991, and approved on any date, to accord status under section 203(a)(3) or 203(a)(6) of the Immigration and Nationality Act (as in effect before such date) shall be deemed, on and after October 1, 1991 (or, if later, the date of such approval), to be a petition approved to accord status under section 203(b)(2) or under the appropriate classification under section 203(b)(3), respectively, of such Act (as in effect on and after such date). Nothing in this subparagraph shall be con- strued as exempting the beneficiaries of such petitions from the numerical limitations under section 203(b)(2) or 203(b)(3) of such Act. "(B) Subparagraph (A) shall not apply more than two years after the date the priority date for issuance of a visa on the basis of such a petition has been reached.".
105 STAT. 558 PUBLIC LAW 102-110—OCT. 1, 1991 SEC. 5. AUTHORIZATION OF APPROPRIATIONS FOR REFUGEE RESETTLE- MENT PROGRAMS FOR FISCAL YEAR 1992. Subsection (a) of section 414 of the Immigration and Nationality Act (8 U.S.C. 1524) is amended to read as follows: "(a) There are authorized to be appropriated for fiscal year 1992 such sums as may be necessary to carry out this chapter.". Approved October 1, 1991. LEGISLATIVE HISTORY—S. 296: HOUSE REPORTS: No. 102-195 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 137 (1991): Jan. 30, considered and passed Senate. Sept. 16, considered and passed House, amended. Sept. 24, Senate concurred in House amendment with an Eunendment. Sept. 26, House concurred in Senate amendment.