Immigration and Nationality Act Amendments of 1980

Summary

Immigration and Nationality Act Amendments of 1980 - Amends the Immigration and Nationality Act to exclude from the definition of "immigrant" an alien (and accompanying spouse and children) having a foreign residence (with no intention of abandoning such residence) coming to the United States temporarily to study full-time at a vocational, language, or other nonacademic institution approved by the Attorney General. Redefines the definition of "child" to include: (1) an illegitimate child through whom, or on whose behalf, a status or benefit under such Act is sought by virtue of the relationship to its natural father; (2) a child adopted before the age of 16; and (3) an orphan under the age of 16. Excludes adultery from the determination of good moral character for the purposes of such Act. Limits the existing drug-related provision relating to good moral character to "trafficking in narcotics." Provides that aliens seeking admission within five years of the date of their deportation or removal shall be ineligible for admission into the United States (presently no time limit on excludability). Eliminates certain reporting requirements imposed on the Attorney General regarding his/her discretionary waiver of excludability. Includes drug offenses among the categories of excludability that may be waived in the case of alien children, spouses, or parents of U.S. citizens or permanent residents seeking admission as immigrants. Exempts specified aliens with medical specialties practicing in the United States as of January 9, 1977, from alien exclusion provisions. Revises re-entry permit provisions to authorize the issuance of such permit for a two-year nonrenewable period (presently one year with up to a one year discretionary extension). Revises alien deportation and maintenance expense provisions to: (1) provide that deportation shall be to the country from which the alien boarded the vessel or airplane that brought him to the United States; (2) provide that if such departure was from a foreign territory contiguous to the United States of which such alien was not a national or resident, then deportation shall be to the country from which such alien departed for such contiguous territory; (3) set forth guidelines for the Attorney General if a country is unwilling to accept a deportable alien; and (4) require such transportation lines to deposit a bond to cover any fine or disputed fine relating to deportation with a district director of customs (presently with a customs collector). Makes the existing mandatory waiver of fraudulent entry deportation provisions regarding alien spouses, children, or parents of United States citizens or permanent residents discretionary. Provides that such deportation waiver shall also operate with regard to improper entry documents directly resulting from such fraud. Eliminates certain reporting requirements imposed on the Attorney General regarding his/her discretionary waiver of deportation or adjustment of status. Provides, with regard to such cancelled deportation proceedings, that the reduction of available immigrant visas shall come from the overall permanent or conditional entry visa allotment rather than from the nonpreference immigrant allotment. Permits certain nonimmigrant exchange aliens to have deportation proceedings suspended and have their status adjusted to permanent resident. Revises the category of nonimmigrant aliens who cannot have their nonimmigrant classification changed in another nonimmigrant classification without first applying to the Attorney General for such change. Repeals alien change of address requirements concerning: (1) yearly current address notification; and (2) three-month notification of current address by temporary residents. Provides with regard to the smuggling of aliens into the United States that: (1) any conveyance, including vessels, vehicles, or aircraft used for such purposes (excluding common carriers not consenting to such act and stolen conveyances), shall be subject to seizure and forfeiture; (2) any conveyance may be seized without warrant if probable cause exists and circumstances exist where a warrant is not constitutionally required; (3) specified customs laws shall apply to such seizures; (4) seizures of vessels shall be subject to the Supplemental Rules of Certain Admiralty and Maritime Claims; (5) the Attorney General may retain for official use, sell, or require the General Services Administration to take custody of, any forfeited conveyance; and (6) in all forfeiture suits where the conveyance is claimed by any person the burden of proof shall be on such person, provided that probable cause for such forfeiture shall first be shown by the Government. Provides that the spouse and dependent unmarried children of an alien who qualifies for certain naturalization residence requirement exceptions shall also qualify for such exceptions for the period they resided abroad as members of such alien's household. Removes: (1) the requirement that two witnesses verify an individual's naturalization petition; and (2) certain affidavit and proof of residence requirements for such petition. Repeals the provisions requiring: (1) witnesses to be present at a final naturalization hearing; and (2) a 30 day waiting period between the filing of a petition and the issuance of a certificate of naturalization. Requires the clerk of a naturalization court to pay to the Attorney General one-half of all fees up to $40,000 (presently $6,000), and all fees in excess of such amount, in a fiscal year. Authorizes the Attorney General to admit for permanent residence certain aliens: (1) otherwise excludable for specified drug-related convictions; and (2) having immigrant visas, but excludable for other specified reasons, and who could not have been aware through reasonable diligence of such excludability before coming to the United States. Includes individuals who participated in Nazi-related World War II persecutions within the category of excludable aliens whom the Attorney General may not allow to depart voluntarily in lieu of a deportation proceeding. Prohibits the Attorney General from suspending the deportation and adjusting the status (to that of a lawful permanent resident) of such individuals. Removes the requirement that adopted children born outside the United States be adopted while under the age of 16 in order for certain automatic citizenship provisions to apply. Excludes specified classes of aliens present in the United States on or before June 1, 1978, from being counted against the annual total and country admission limitations.

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Documents

3 official files

• Passed House amended

  summary · EN · 1 December 1980

  Open at official source

• Reported to House with amendment(s)

  summary · EN · 5 September 1980

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• Introduced in House

  summary · EN · 6 May 1980

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