Page:United States Statutes at Large Volume 106 Part 3.djvu/175

 PUBLIC LAW 102-404—OCT. 9, 1992 106 STAT. 1969 Public Law 102-404 102d Congress An Act To provide for the adjustment of status under the Immigration and NationaUty Q. „ IQQO Act of certain nationals of the People's Republic of China unless conditions permit '' their return in safety to that foreign state. Lo. IzlbJ Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, S*^^P^^5 Student ' ° Protection Act of SECTION 1. SHORT TITLE. 1992 „_ 8 USC 1255 note. This Act may be cited as the "Chinese Student Protection Act of 1992". SEC. 2. ADJUSTMENT TO LAWFUL PERMANENT RESIDENT STATUS OF 8 USC 1255 note. CERTAIN NATIONALS OF THE PEOPLE'S REPUBLIC OF CHINA. (a) IN GENERAL.—Subject to subsection (c)(1), whenever an ahen described in subsection (b) apphes for adjustment of status under section 245 of the Immigration and Nationality Act during the application period (as defined in subsection (e)) the following rules shall apply with respect to such adjustment: (1) The alien shall be deemed to have had a petition approved under section 204(a) of such Act for classification under section 203(b)(3)(A)(i) of such Act. (2) The application shall be considered without regard to whether an immigrant visa number is immediately available at the time the application is filed. (3) In determining the alien's admissibility as an immigrant, and the alien's eligibility for an immigrant visa— (A) paragraphs (5) and (7)(A) of section 212(a) and section 212(e) of such Act shall not apply; and (B) the Attorney General may waive any other provision of section 212(a) (other than paragraph (2)(C) and subparagraph (A), (B), (C), or (E) of paragraph (3)) of such Act with respect to such adjustment for humanitarian purposes, for purposes of assuring family unity, or if otherwise in the public interest. (4) The numerical level of section 202(a)(2) of such Act shall not apply. (5) Section 245(c) of such Act shall not apply. (b) ALIENS COVERED. —For purposes of this section, an alien described in this subsection is an alien who— (1) is a national of the People's Republic of China described in section 1 of Executive Order No. 12711 as in effect on April 11, 1990; (2) has resided continuously in the United States since April 11, 1990 (other than brief, casual, and innocent absences); and (3) was not physically present in the People's Republic of China for longer than 90 days after such date and before the date of the enactment of this Act.

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