Page:United States Statutes at Large Volume 100 Part 5.djvu/68

 100 STAT. 3542 8 USC 1153.

- ' 'I * .«';: r^

Ante, p. 3537.

PUBLIC LAW 99-639—NOV. 10, 1986

In this subparagraph, the term 'spousal second preference petition' refers to a petition, seeking preference status under section 203(a)(2), for an alien as a spouse of an alien lawfully admitted for permanent residence. "(B) Subparagraph (A) shall not apply to a petition filed by an alien whose prior marriage was terminated by the death of his or her spouse.". (d) CRIMINAL PENALTY FOR MARRIAGE FRAUD.—Section 275 of such Act (8 U.S.C. 1325) is amended— (1) by inserting "(a)" after "275.", and (2) by adding at the end the following new subsection: "(t,) Any individual who knowingly enters into a marriage for the purpose of evading any provision of the immigration laws shall be imprisoned for not more than 5 years, or fined not more than $250,000, or both.". (e) LIMITATION ON ADJUSTMENT OF STATUS.—Section 245 of such Act (8 U.S.C. 1255) is amended by adding at the end the following new subsection: "(d) The Attorney General may not adjust, under subsection (a), the status of an alien lawfully admitted to the United States for permanent residence on a conditional basis under section 216.". (f) CONFORMING AMENDMENT.—The table of contents of such Act is amended by inserting after the item relating to section 215 the following new item: "Sec. 216. Conditional permanent resident status for certain alien spouses and sons and daughters.". SEC. 3. PREVENTING MARRIAGE NONIMMIGRANTS.

FRAUD

WITH

RESPECT

TO

"K"

(a) REQUIRING PREVIOUS MEETING TO OBTAIN " K " NONIMMIGRANT

•'^ '

''

VISA.—The third sentence of section 214(d) of the Immigration and Nationality Act (8 U.S.C. 1184(d)) is amended— (1) by striking "have a bona fide intention to marry" and inserting "have previously met in person within 2 years before the date of filing the petition, have a bona fide intention to marry,", and (2) by inserting before the period at the end the following: ", except that the Attorney General in his discretion may waive the requirement that the parties have previously met in person. (b) RESTRICTING SEPARATE ADJUSTMENT TO PERMANENT RESIDENT STATUS OF " K " NONIMMIGRANTS.—Section 245(d) of such Act (8

8 USC 1101.

U.S.C. 1255(d)), as added by section 2(d) of this Act, is amended by inserting before the period at the end the following: "or of a nonimmigrant described in section 101(a)(15XK)". (c) REQUIRING F I U N G OF ADJUSTMENT OF STATUS PETITION.—Sec-

tion 214(d) of such Act (8 U.S.C. 1184(d)) is amended by striking the last sentence. 8 USC 1184 note. (d) EFFECTIVE DATES.—(1) The amendments made by subsection (a) shall apply to petitions approved on or after the date of the enactment of this Act. 8 USC 1255 note. (2) The amendment made by subsection (b) shall apply to adjustments occurring on or after the date of the enactment of this Act. 8 USC 1184 note. (3) The amendment made by subsection (c) shall apply to aliens issued visas under section 101(a)(15XK) of the Immigration and 8 USC 1101. Nationality Act on or after the date of the enactment of this Act.

�