Page:United States Statutes at Large Volume 100 Part 4.djvu/1083

 PUBLIC LAW 99-603—NOV. 6, 1986

100 STAT. 3429

"(B) FOR 5 YEARS FOR NATURAUZATION.—Notwithstanding

any provision in title III, an alien admitted under this 8 USC 1401. section may not be naturalized as a citizen of the United States under that title unless the alien has performed 90 man-days of seasonal agricultural services in each of 5 fiscal years (not including any fiscal year before the fiscal year in which the alien was admitted under this section). "(C) PROOF.—In meeting the requirements of subparagraphs (A) and (B), an alien may submit such documentation as may be submitted under section 210(b)(3). Ante, p. 3417. "(D) ADJUSTMENT OF NUMBER OF MAN-DAYS REQUIRED.—

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The number of man-days specified in subparagraphs (A) and (B) are subject to adjustment under subsection (a)(8). "(6) DiSQUAUFICATION FROM CERTAIN PUBLIC ASSISTANCE.—The

provisions of section 245A(h) (other than paragraph (l)(A)(iii)) Ante, p. 3394. shall apply to an alien who has obtained the status of an alien lawfully admitted for temporary residence under this section, during the five-year period beginning on the date the alien obtained such status, in the same manner as they apply to an alien granted lawful temporary residence under section 245A; except that, for purposes of this paragraph, Eissistance furnished ,.,^.. ^ under the Legal Services Corporation Act (42 U.S.C. 2996 et seq.) or under title V of the Housing Act of 1949 (42 U.S.C. 1471 et seq.) shall not be construed to be financial assistance described in section 245A(h)(l)(A)(i). Ante, p. 3394.. "(e) DETERMINATION OF ADMISSIBILITY OF ADDITIONAL WORKERS.—

In the determination of an alien's admissibility under subsection

(c)(D-

"(1) GROUNDS OF EXCLUSION NOT APPLICABLE.—The provisions of paragraphs (14), (20), (21), (25), and (32) of section 212(a) shall g use 1182. not apply. "(2) WAIVER OF CERTAIN GROUNDS FOR EXCLUSION.—

"(A) IN GENERAL.—Except as provided in subparagraph (B), the Attorney General may waive any other provision of section 212(a) in the CEise of individual aliens for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest. "(B) GROUNDS THAT MAY NOT BE WAIVED.—The following

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provisions of section 212(a) may not be waived by the Attorney General under subparagraph (A): "(i) Paragraphs (9) and (10) (relating to criminals). "(ii) Paragraph (23) (relating to drug offenses), except fQj. gQ much of such paragraph as relates to a single offense of simple possession of 30 grams or less of marihuana, "(iii) Paragraphs (27), (28), and (29) (relating to national security and members of certain organizations). "(iv) Paragraph (33) (relating to those who assisted in the Nazi persecutions). "(C)

SPECIAL

RULE

FOR

DETERMINATION

OF

PUBLIC

CHARGE.—An alien is not ineligible for adjustment of status under this section due to being inadmissible under section 212(a)(15) if the alien demonstrates a history of employment in the United States evidencing self-support without reliance on public cash assistance. "(3) MEDICAL EXAMINATION.—The alien shall be required, at the alien's expense, to undergo such a medical examination

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