Page:United States Statutes at Large Volume 111 Part 3.djvu/370

 Ill STAT. 2458 PUBLIC LAW 105-119—NOV. 26, 1997 (A) adding ", and amount described in section 245(i)(3)(b)" after "recovered by the Department of Justice" in paragraph (2); (B) replacing "Immigration and Naturalization Service" with "Attorney General" in paragraph (3); and (C) striking paragraph (4), and replacing it with, "The amounts required to be refunded from the Fund for fiscal year 1998 and thereafter shall be refunded in accordance with estimates made in the budget request of the President for those fiscal years. Any proposed changes in the amounts designated in such budget requests shall only be made after Congressional reprogramming notification in accordance with the reprogramming guidelines for the applicable fiscal year."; and 8 USC 1255. (3) in section 245(i)(3)(B), by replacing "Immigration Detention Account established under section 286(s)" with "Breached Bond/Detention Fund established under section 286(r)". SEC. 111. (a) LIMITATION ON ELIGIBILITY UNDER SECTION 245(i). —Section 245(i)(l) of the Immigration and Nationality Act (8 U.S.C. 1255(i)(l)) is amended by striking "(i)(l)" through "The Attorney General" and inserting the following: "(i)(l) Notwithstanding the provisions of subsections (a) and (c) of this section, an alien physically present in the United States— "(A) who— "(i) entered the United States without inspection; or "(ii) is within one of the classes enumerated in subsection (c) of this section; and "(B) who is the beneficiary (including a spouse or child of the principal alien, if eligible to receive a visa under section 203(d)) of— "(i) a petition for classification under section 204 that was filed with the Attorney General on or before January 14, 1998; or "(ii) an application for a labor certification under section 212(a)(5)(A) that was filed pursuant to the regulations of the Secretary of Labor on or before such date; may apply to the Attorney General for the adjustment of his or her status to that of an alien lawfully admitted for permanent residence. The Attorney General". (b) REPEAL OF SLTNSET FOR SECTION 245(i). —Section 506(c) of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1995 (Public Law 103- 8 USC 1182 note. 317; 108 Stat. 1766) is amended to read as follows: Effective dates. "(c) The amendment made by subsection (a) shall take effect Termination ©n October 1, 1994, and shall cease to have effect on October 1, 1997. The amendment made by subsection (b) shall take effect on October 1, 1994.". (c) INAPPLICABILITY OF CERTAIN PROVISIONS OF SECTION 245(C) FOR CERTAIN EMPLOYMENT-BASED IMMIGRANTS. —Section 245 of the Immigration and Nationality Act (8 U.S.C. 1255) is amended— (1) in subsection (c)(2), by inserting "subject to subsection (k)," after "(2)"; and (2) by adding at the end the following: "(k) An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 203(b) (or, in the case of an alien who is an immigrant described in section 101(a)(27)(C),

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