The text of the bill below is as of Nov 14, 1986 (Passed Congress).
You are reading a bill enacted 13,275 days ago. In the intervening time subsequent legislation may have amended or repealed the provisions below.
PUBLIC LAW 99-653—NOV. 14, 1986 100 STAT. 3655
Public Law 99-653
99th Congress
An Act
Nov. 14, 1986
To amend the Immigration and Nationality Act, and for other purposes.
[H.R. 4444]
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may Immigration and
be cited as the "Immigration and Nationality Act Amendments of Nationality Act
Amendments of
1986". 1986.
SEC. 2. Section 101(b)(1)(E) (8 U.S.C. 1101(b)(1)(E)) is amended to 8 u s e 1101 note.
read:
"(E) a child adopted while under the age of sixteen years if Children and
the child has been in the legal custody of, and has resided with, youth.
the adopting parent or parents for at least two years: Provided,
That no natural parent of any such adopted child shall there-
after, by virtue of such parentage, be accorded any right, privi-
lege, or status under this Act; or".
SEC. 3. Section 101 (8 U.S.C. 1101) is amended by striking out
paragraph (1) of subsection (c).
SEC. 4. Section 202(b) (8 U.S.C. 1152(b)) is amended to read:
"(b) Each independent country, self-governing dominion, man- United Nations.
dated territory, and territory under the international trusteeship Foreign states.
system of the United Nations, other than the United States and its
outlying possessions, shall be treated as a separate foreign state for
the purposes of the numerical limitation set forth in the proviso to
subsection (a) of this section when approved by the Secretary of
State. All other inhabited lands shall be attributed to a foreign state
specified by the Secretary of State. For the purposes of this Act the Children and
foreign state to which an immigrant is chargeable shall be deter- youth.
mined by birth within such foreign state except that (1) an alien
child, when accompanied by or following to join his alien parent or
parents, may be charged to the foreign state of either parent if such
parent has received or would be qualified for an immigrant visa, if
necessary to prevent the separation of the child from the parent or
parents, and if immigration charged to the foreign state to which
such parent has been or would be chargeable has not reached the
numerical limitation set forth in the proviso to subsection (a) of this
section for that fiscal year; (2) if an alien is chargeable to a different
foreign state from that of his spouse, the foreign state to which such
alien is chargeable may, if necessary to prevent the separation of
husband and wife, be determined by the foreign state of the spouse
he is accompanying or following to join, if such spouse has received
or would be qualified for an immigrant visa and if immigration
charged to the foreign state to which such spouse has been or would
be chargeable has not reached the numerical limitation set forth in
the proviso to subsection (a) of this section for that fiscal year; (3) an
alien born in the United States shall be considered as having been
born in the country of which he is a citizen or subject, or, if he is not
a citizen or subject of any country, in the last foreign country in
which he had his residence as determined by the consular officer; (4)
an alien born within any foreign state in which neither of his
100 STAT. 3656 PUBLIC LAW 99-653—NOV. 14, 1986
parents was born and in which neither of his parents had a resi-
dence at the time of such ahen's birth may be charged to the foreign
state of either parent.".
SEC. 5. (a) Section 221 (8 U.S.C. 1201) is amended in the following
respects:
(a) Subsection (a) is amended by substituting the words "foreign
state" for the word "quota" wherever the latter appears; by chang-
ing the word "immigration" to read "immigrant"; and by deleting
the words "one copy of.
(b) Subsection (]o) is amended to read:
"(b) Each alien who applies for a visa shall be registered in
connection with his application, and shall furnish copies of his
photograph signed by him for such use as may be by regulations
required. The requirements of this subsection may be waived in the
discretion of the Secretary of State in the case of any alien who is
within that class of nonimmigrants enumerated in sections
8 use 1101. 101(a)(15XA), and 101(a)(15)(G), or in the case of any alien who is
granted a diplomatic visa on a diplomatic passport or on the equiva-
lent thereof.".
(c) Subsection (c) is amended to read:
Regulations. "(c) An immigrant visa shall be valid for such period, not exceed-
Children £ind ing four months, as shall be by regulations prescribed, except that
youth.
any visa issued to a child lawfully adopted by a United States citizen
and spouse while such citizen is serving abroad in the United States
Armed Forces, or is employed abroad by the United States Govern-
ment, or is temporarily abroad on business, shall be valid until such
time, for a period not to exceed three years, as the adoptive citizen
parent returns to the United States in due course of his service,
employment, or business. A nonimmigrant visa shall be valid for
such periods as shall be by regulations prescribed. In prescribing the
period of validity of a nonimmigrant visa in the case of nationals of
any foreign country who are eligible for such visas, the Secretary of
State shall, insofar as practicable, accord to such nationals the same
treatment upon a reciprocal basis as such foreign country accords to
nationals of the United States who are within a similar class. An
immigrant visa may be replaced under the original number during
the fiscal year in which the original visa was issued for an
immigrant who establishes to the satisfaction of the consular officer
that he was unable to use the original immigrant visa during the
period of its validity because of reasons beyond his control and for
which he was not responsible: Provided, That the immigrant is
found by the consular officer to be eligible for an immigrant visa
and the immigrant pays again the statutory fees for an application
and an immigrant visa.".
(d) Section 8 of the Act of September 11, 1957 (71 Stat. 641; 8
U.S.C. 1201a) is repealed.
SEC. 6. Section 222 (8 U.S.C. 1202) is amended by—
(a) amending the second and third sentences of subsection (b)
thereof to read:
Records. "The immigrant shall furnish to the consular officer with his ap-
plication a copy of a certification by the appropriate police authori-
ties stating what their records show concerning the immigrant; a
certified copy of any existing prison record, military record, and
record of his birth; and a certified copy of all other records or
documents concerning him or his case which may be required by the
consular officer. The copy of each document so furnished shall be
PUBLIC LAW 99-653—NOV. 14, 1986 100 STAT. 3657
permanently attached to the application and become a part
thereof.".
(b) amending the first two sentences of subsection (e) thereof
to read:
"(e) Except as may be otherwise prescribed by regulations, each
application required by this section shall be signed by the applicant
in the presence of the consular officer, and verified by the oath of
the applicant administered by the consular officer. The application
for an immigrant visa, when visaed by the consular officer, shall
become the immigrant visa.".
SEC. 7. (a) Section 212(a) (8 U.S.C. 1182(a)) is amended by: repeal-
ing paragraph (24) thereof: Provided, That no paragraph following
paragraph (24) shall be redesignated as a result of this amendment.
(b) Section 238 (8 U.S.C. 1228) is amended by repealing subsection
(a) thereof and by redesignating subsections (b), (c), (d), and (e) as
subsections (a), (b), (c), and (d) respectively.
(c) Section 241(a) (8 U.S.C. 1251(a)) is amended by repealing para-
graph (10) thereof: Provided, That no paragraph following para-
graph (10) sh£ill be redesignated as a result of this amendment.
SEC. 8. Section 261 (8 U.S.C. 1301) is amended to read: "No visa
shall be issued to any alien seeking to enter the United States until
such alien has been registered in accordance with section 221(b).".
SEC. 9. Subsection (a) of section 262 (8 U.S.C. 1302) is amended by
deleting the words "section 221(b) of this Act or".
SEC. 10. The first sentence of section 264(a) (8 U.S.C. 1304) is
amended to read:
"(a) The Attorney General and the Secretary of State jointly are
authorized and directed to prepare forms for the registration of
aliens under section 261 of this title, and the Attorney General is
authorized and directed to prepare forms for the registration and
fingerprinting of aliens under section 262 of this title.".
SEC. 11. Sections (1) and (2) of the Act of October 24,1962 (76 Stat. 8 u s e 1153
1247, Public Law 87-885) and section 25(a) of the Act of September notes.
26,1961 (75 Stat. 650, Public Law 87-301) are repealed.
SEC. 12. Section 301(g) (8 U.S.C. 1401(g)) is amended by striking out
"ten years, at least five" and inserting in lieu thereof "five years, at
least two".
SEC. 13. Subsection (a) of section 309 (8 U.S.C. 1409) is amended—
(a) by striking out "paragraphs (3), (4), (5), and (7) of section
301(a)" and inserting in lieu thereof "paragraphs (c), (d), (e), £md
(g) of section 301"; and
(b) by striking out all after "wedlock", and inserting in lieu Children and
thereof "if a blood relationship between the child and the father youth.
is established by clear and convincing evidence, provided the
father had the nationality of the United States at the time of
the child's birth, the father unless deceased has agreed in
writing to provide financial support for the child until such
child reaches the age of eighteen years and if, while such child
is under the age of eighteen years, (1) such child is legitimated
under the law of the child's residence or domicile, or (2) the
father acknowledges paternity of the child in writing under
oath, or (3) paternity of the child is established by adjudication
of a competent court.".
SEC. 14. Section 320(a) (8 U.S.C. 1431(a)) is amended by inserting
"unmarried and" after "(1) such naturalization takes place while
such child is".
100 STAT. 3658 PUBLIC LAW 99-653—NOV. 14, 1986
SEC. 15. Section 321(a) (8 U.S.C. 1432(a)) is amended by inserting
"unmarried and" after "(4) Such naturalization takes place while
such child is".
SEC. 16. Section 322(a) (8 U.S.C. 1433(a)) is amended by inserting
"unmarried and" after "may be naturalized if.
SEC. 17. Subsection (d) of section 340 (8 U.S.C. 1451) is amended by
striking out "within five years after such naturalization" and insert-
ing in lieu thereof "within one year after such naturalization".
SEC. 18. Subsection (a) of section 349 (8 U.S.C. 1481) is amended—
(a) by inserting "voluntarily performing any of the following
acts with the intention of relinquishing United States national-
ity:" after "shall lose his nationality by";
(b) by striking out ", upon an application filed in his behalf by
a parent, guardian or duly authorized agent, or through the
naturalization of a parent having legal custody of such person"
8 use 1101. and all that follows through "section 101(aX27)(E)" in paragraph
(1) and inserting in lieu thereof "or upon an application filed
by a duly authorized agent, after having attained the age of
eighteen years";
(c) by inserting ", after having attained the age of eighteen
years" in paragraph (2) after "thereof;
(d) by striking out "unless, prior to such entry" and all that
follows in paragraph (3) and inserting in lieu thereof "if (a) such
armed forces are engaged in hostilities against the United
States, or (b) such persons serve as a commissioned or non-
commissioned officer; or"; and
(e) by inserting "after attaining the age of eighteen years"
after "foreign state or political subdivision thereof," in subpara-
graph (4)(A);
(f) by inserting "after attaining the age of eighteen years"
after "foreign state or political subdivision thereof," in subpara-
graph (4)(B).
I V; SEC. 19. Section 349 (8 U.S.C. 1481) is further amended by striking
s- subsection (b).
SEC. 20. Subsection 0)) of section 351 (8 U.S.C. 1483) is amended by
striking "paragraphs (2), (4)," and inserting in lieu thereof "para-
graph (3)".
SEC. 21. Section 2 of chapter 24 of the Act of April 14, 1792,
amended by the Act of July 12, 1940 (22 U.S.C. 4195), is amended by
striking "article by article,".
ISSUANCE OF CERTIFICATES OF CITIZENSHIP FOR CHILDREN ADOPTED BY
UNITED STATES CITIZENS
SEC. 22. Section 341 of the Immigration and Nationality Act (8
U.S.C. 1452) is amended—
(1) by inserting "(a)" after "341.", and
(2) by adding at the end the following new subsection:
"(b)(1) The adoptive citizen parent or parents of a child described
in paragraph (2) may apply to the Attorney General for a certificate
of citizenship for the child. Upon proof to the satisfaction of the
Attorney General that the applicant and spouse, if married, are
citizens of the United States, whether by birth or by naturalization,
and that the child is described in paragraph (2), the child shall
become a citizen of the United States and shall be furnished by the
Attorney General with a certificate of citizenship, but only if the
child is at the time within the United States.
PUBLIC LAW 99-653—NOV. 14, 1986 100 STAT. 3659
"(2) A child described in this paragraph is a child born outside of
the United States who—
"(A) is under the age of 18 years,
"(B) is adopted before the child reached th€i age of 16 years by a
parent who is a citizen of the United States, either by birth or
naturalization, and
"(C) is residing in the United States in the custody of the adopting
citizen parent, pursuant to a lawful admission for permanent resi-
dence.".
Approved November 14, 1986.
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LEGISLATIVE HISTORY—H.R. 4444:
HOUSE REPORTS: No. 99-916 (Coram, on the Judiciary).
CONGRESSIONAL RECORD, Vol. 132 (1986):
Sept. 29, considered and passed House.
Oct. 18, considered and passed Senate, amended; House concurred in Senate
amendment.
