Cite as "AILA InfoNet Doc. No. 00111402 (posted Nov. 14, 2000)"
The President signed into law the
FY 2001 Foreign Operations, Export Financing, and Related Programs
Appropriations Act (Public Law No., 106-429) on November 6.
Section 586 of the new law authorizes the Attorney General to
adjust the status of certain Indochinese parolees to lawful permanent
residence. This provision
applies only to parolees who are natives or citizens of Vietnam, Laos or
Cambodia, who were inspected and paroled into the United States prior to
October 1, 1997, and who are otherwise eligible to receive an immigrant
visa, and also limits to 5,000 the number of aliens who may be provided
adjustment of status. The law
also allows for a waiver of certain grounds of inadmissibility.
Applications must be submitted within three years of the Attorney General
issuing regulations implementing this law.
A copy of the applicable section of the law follows and is also available
as a PDF file (9 kb).
SEC. 586. (a) The status of
certain aliens from Vietnam, Cambodia, and Laos described in subsection (b) of
this section may be adjusted by the Attorney General, under such regulations as
she may prescribe, to that of an alien lawfully admitted permanent residence
three years after the date of promulgation by the Attorney General of
regulations in connection with this title the alien makes an application for
such adjustment and pays the appropriate fee;
alien is otherwise eligible to receive an immigrant visa and is otherwise
admissible to the United States for permanent residence except as described in
subsection (c); and
alien had been physically present in the United States prior to October 1, 1997.
(b) The benefits
provided by subsection (a) shall apply to any alien who is a native or citizen
of Vietnam, Laos, or Cambodia and who was inspected and paroled into the United
States before October 1, 1997 and was physically present in the United States on
October 1, 1997; and
was paroled into the United States from Vietnam under the auspices
of the Orderly Departure Program; or
paroled into the United States from a refugee camp in East Asia; or
paroled into the United States from a displaced person camp administered by the
United Nations High Commissioner for Refugees in Thailand.
(c) WAIVER OF
CERTAIN GROUNDS FOR INADMISSIBILITY- The provisions of paragraph (4), (5), and
7(A) and (9) of section 212(a) of the Immigration and Nationality Act shall not
be applicable to any alien seeking admission to the United States under this
subsection, and, notwithstanding any other provision of law, the Attorney
General may waive 212(a)(1); 212(a)(6) (B), (C), and (F); 212(8)(A);
212(a)(10)(B) and (D) with respect to such an alien in order to prevent extreme
hardship to the alien or the alien's spouse, parent, son or daughter, who is a
citizen of the United States or an alien lawfully admitted for permanent
residence. Any such waiver by the Attorney General shall be in writing and shall
be granted only on an individual basis following an investigation.
(d) CEILING- The number of
aliens who may be provided adjustment of status under this provision shall not
(e) DATE OF APPROVAL- Upon the
approval of such an application for adjustment of status, the Attorney General
shall create a record of the alien's admission as a lawful permanent resident as
of the date of the alien's inspection and parole described in subsection (b)(1),
(b)(2) and (b)(3).
(f) NO OFFSET IN NUMBER OF VISAS
AVAILABLE- When an alien is granted the status of having been lawfully admitted
for permanent residence under this section the Secretary of State shall not be
required to reduce the number of immigrant visas authorized to be issued under
the Immigration and Nationality Act.