Immigration and Nationality Amendments of 1986

Summary

Immigration and Nationality Amendments of 1986 - Title I: Entry and Adjustment of Status - Part A: Entry and Adjustment of Status of Immigrants - Amends the Immigration and Nationality Act to exclude returning permanent resident aliens from the definition of "entry" for purposes of such Act. Provides for the admission of religious functionaries as special immigrants. Requires such persons to have labor certification. Provides for the admission of a limited number of specified employees of multinational corporations and their families as special immigrants. Provides for the admission of unmarried sons and daughters and surviving spouses of G-4 visa employees of certain international organizations as special immigrants ("J" status). Grants nonimmigrant status to: (1) parents of children receiving "J" status while they are minors; and (2) other children of such parents or a surviving "J" status spouse. Requires members of professions to have appropriate college degrees or significant work experience for purposes of such Act. Allows surviving spouses of citizens to petition for entry under immediate relative status. Reduces the Amerasian sponsorship requirement from five years to two years. Allows private agency sponsorship for adult Amerasians. Repeals the employment offer requirement for preference entry purposes for specified aliens with extraordinary ability in the arts. Extends reentry permit length from two years to five years. Limits the adjustment of status provisions of a specified Act to those Cubans admitted into the United States before enactment of this Act. Part B: Entry and Adjustment of Status of Nonimmigrants - Provides for the temporary admission into the United States of operators of (passenger) motor common carriers. Permits alien crewmen on U.S. fishing ships to stop temporarily in Guam. Broadens the classification of nonimmigrant treaty trader and investor to include supervisory services or transfer of technology. Permits admission as nonimmigrants of non-treaty traders or investors who invest substantial amounts of money and employ at least five U.S. workers. Requires the Attorney General and the Secretary of State to monitor such admissions and report to the Congress within two years. Separates "H" status nonimmigrants into professionals or executives and aliens of distinguished merit and ability. Requires alien trainees to participate in formal training programs. Incorporates the vocational category ("M" status) within such trainee category. Creates an "L-2" status for technicians to provide temporary services in the United States. Authorizes a three-year pilot visa waiver program for up to eight countries providing similar benefits to U.S. visitors. Requires such visitors to the United States to: (1) have a nonrefundable roundtrip ticket; and (2) stay in the United States for not more than 90 days. Requires an automated data arrival and departure system to be operational before such visa waiver program may begin. Part C: Refugee-Related Provisions - Restricts the receipt of derivative asylum benefits to family members accompanying the asylee. Directs the Attorney General to: (1) study the effects of providing permanent resident status to refugees and asylees; and (2) report to the Congress within 18 months. Title II: Exclusion and Deportation - Authorizes the waiver of literacy requirements (for purposes of exclusion) for sole surviving siblings 55 years of age or older. Sets forth a statute of limitations for specified excludable offenses. Provides for the deportation of an alien who enters the United States under a work-related preference visa and does not engage in such employment or occupation within 12 months of entry. Repeals the provision for judicial recommendations against deportation of an alien convicted of a crime of moral turpitude. Replaces the existing individual suspension of deportation reporting requirement with an annual reporting requirement regarding numbers and nationality of suspended deportations. Title III: Enforcement - Part A: Marriage-Related Provisions - Denies future visas to persons attempting marriage fraud. Requires a personal meeting between the parties within two years prior to filing a petition for a fiance visa. Restricts adjustment of status or preference or immediate relative status petitions based on marriage entered into while the alien was in exclusion or deportation proceedings. Requires a report to the Congress within six months regarding marriage fraud sanctions under such Act. Part B: Other Provisions - Provides for the temporary release on parole of an alien involved in exclusion or deportation proceedings. Prohibits such release under specified circumstances. Requires a third country to agree to accept an alien before the Attorney General may deport such alien there. Authorizes adjustment of status to permanent resident if an alien has resided in the United States for five years under a withholding of deportation order. Increases specified Immigration and Naturalization Service (INS) fines. Authorizes INS to receive 50 percent of such amounts. Modifies carrier responsibility for alien detention. Directs the Attorney General to provide carriers with related technical assistance. Title IV: Citizenship and Naturalization - Reduces from ten years to five years the citizen residency requirement to transfer citizenship at birth to children. Permits a child born outside the United States to derive citizenship upon naturalization of the parent if the child resides permanently in the United States and is less than 18 years old at the time such naturalization occurs. Provides for the issuance of certificates of citizenship for a permanent resident child adopted by U.S. citizens. Requires "intent" in order to relinquish nationality. Authorizes the waiver of the English language and government knowledge naturalization requirement for aliens over 55 years old who have resided in the United States for at least ten years. Permits naturalization courts to retain one-half of all naturalization fees paid. Authorizes the transfer of naturalization petitions among courts, with the consent of the Attorney General. Permits nonprofit organizations approved by the Attorney General to receive naturalization material. Title V: Miscellaneous Provisions - Directs INS to provide for, and make available to the Congress and the public, a statistical information system. Includes the relationship between an illegitimate child and its natural father within the definition of "child" for purposes of status, benefit, or privilege under such Act.

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Documents

3 official files

• Passed House amended

  summary · EN · 29 September 1986

  Open at official source

• Reported to House with amendment(s)

  summary · EN · 26 September 1986

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• Introduced in House

  summary · EN · 14 May 1986

  Open at official source

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