Page:United States Statutes at Large Volume 100 Part 4.djvu/1058

 100 STAT. 3404

PUBLIC LAW 99-603—NOV. 6, 1986 section. This authority shall end two years after the effective date of the legalization program. (2) USE OF RETIRED FEDERAL EMPLOYEES.—Notwithstanding

5 USC 8301 et seg.; crate, p. 516. 8 USC 1255a

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8 USC 1182. 8 USC 1253.

any other provision of law, the retired or retainer pay of a member or former member of the Armed Forces of the United States or the annuity of a retired employee of the Federal Government who retired on or before January 1, 1986, shall not be reduced while such individual is temporarily employed by the Immigration and Naturalization Service for a period of not to exceed 18 months to perform duties in connection with the adjustment of status of aliens under this section. The Service shall not temporarily employ more than 300 individuals under this paragraph. Notwithstanding any other provision of law, the annuity of a retired employee of the Federal Government shall not be increased or redetermined under chapter 83 or 84 of title 5, United States Code, as a result of a period of temporary employment Under this pargigraph. SEC. 202. CUBAN-HAITIAN ADJUSTMENT.

(a) ADJUSTMENT OF STATUS.—The status of any alien described in subsection (b) may be adjusted by the Attorney General, in the Attorney General s discretion and under such regulations as the Attorney General may prescribe, to that of an alien lawfully admitted for permanent residence if— (1) the alien applies for such adjustment within two years after the date of the enactment of this Act; (2) the alien is otherwise eligible to receive an immigrant visa and is otherwise admissible to the United States for permanent residence, except in determining such admissibility the grounds for exclusion specified in paragraphs (14), (15), (16), (17), (20), (21), (25), and (32) of section 212(a) of the Immigration and Nationality Act shall not apply; (3) the alien is not an alien described in section 243(h)(2) of such Act; (4) the alien is physically present in the United States on the date the application for such adjustment is filed; and (5) the alien has continuously resided in the United States since January 1, 1982. (b) AUENS ELIGIBLE FOR ADJUSTMENT OF STATUS.—The benefits

provided by subsection (a) shall apply to any alien— (1) who has received an immigration designation as a Cuban/ Haitian Entrant (Status Pending) as of the date of the enactment of this Act, or i i (2) who is a national of Cuba or Haiti, who arrived in the United States before January 1, 1982, with respect to whom any record was established by the Immigration and Naturalization Service before January 1, 1982, and who (unless the alien filed an application for asylum with the Immigration and Naturalization Service before January 1, 1982) was not admitted to the .;;; < United States as a nonimmigrant. (c) No AFFECT ON FASCELL-STONE BENEFITS.—An alien who, as of the date of the enactment of this Act, is a Cuban and Haitian 8 USC 1522 note, entrant for the purpose of section 501 of Public Law 96-422 shall continue to be considered such an entrant for such purpose without regard to any adjustment of status effected under this section. r {; (d) RECORD OF PERMANENT RESIDENCE AS OF JANUARY 1, 1982.— Upon approval of an alien's application for adjustment of status

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