Immigration and Nationality Act

Summary

Immigration and Nationality Act - Establishes a five-member Board of Visa Appeals as an independent office within the Bureau of Security and Consular Affairs of the Department of State, with members to be appointed by the Secretary of State. Gives the Board the jurisdiction to review any determination of a United States consular officer refusing to grant or revoking an immigration visa issued to an alien outside of the United States who has applied for classification as an immediate relative or as a preference immigrant. Makes the Board decision final. Gives parents of permanent resident aliens second preference status (currently covered by this preference are spouses and unmarried sons or unmarried daughters of such aliens). Removes from seventh preference status refugees from Communist countries or the Middle East and makes available immigrant visas annually on a first-come-first-served basis to: (1) those who are engaged solely or principally by a religious denomination and seek admission to the United States to perform duties to carry out the objectives of such denomination; and (2) retired persons; (3) private investors; and (4) finances of U.S. citizens and permanent resident aliens (such aliens currently enter the United States on a nonpreference basis). Establishes a new provision for the admission of refugees from all over the world. Defines refugee as one who has fled from a Communist-dominated country or area, or has fled from any country and is unwilling to return "due to well-founded fear of persecution, or danger to his life or civil liberties"; or has been uprooted by natural calamity or military operations and is unable to return to his usual abode. Provides 12,000 immigrant visas annually to qualified refugees throughout the world, notwithstanding any numerical limitations of current law. Authorizes the Attorney General to parole alien refugees into the United States if such action is deemed to be in the public interest of the United States. Provides a permanent authority to adjust the status of refugee parolees to that of permanent residence. Provides adjustment of status, in cases of exceptional hardship, for natives of Western Hemisphere countries. Establishes a new statute of limitations which prevents the deportation: (1) of aliens lawfully admitted to the U.S. for permanent residence solely by reason of any conduct or conditions which occurred or existed ten years prior to the institution of deportation proceedings; (2) of aliens lawfully admitted to the U.S. for permanent residence if such aliens entered the U.S. prior to the age of 14 and have resided in the U.S. for a period of at least 20 years immediately preceding the institution of deportation proceedings against him. Facilitates the naturalization of: (1) persons over 50 years who have been living in the U.S. for at least 20 years; (2) permanent resident aliens employed overseas by an accredited American philanthropic organization; and (4) permanent resident aliens serving with the armed forces during hostilities in Vietnam. Permits the derivative acquisition of citizenship by a minor child, through his parents' naturalization, at 18 years of age instead of 16 as currently provided. Provides that final hearings upon petitions for naturalization can be held as late as 30 days before a pending general election. Eliminates the question of "country of former nationality" from the naturalization certificate. Establishes a Select Commission on Nationality and Naturalization to make a full and complete study and investigation of all matters relating to the policy and operation of title III: Nationality and Naturalization, of the Immigration and Nationality Act; including but not limited to, the effect of Federal judicial decisions in recent years on any of the provisions of such title and an analysis and evaluation of the fairness of the naturalization policy of the United States. Provides that the Commission shall be composed of nine members - three from the Senate, three from the House and three appointed by the President, and shall file its final report one year following enactment of this bill.

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1 official file

• Introduced in House

  summary · EN · 4 January 1977

  Open at official source

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