Page:United States Statutes at Large Volume 114 Part 4.djvu/844

 114 STAT. 2762A-144 PUBLIC LAW 106-553—APPENDIX B of the Attorney General approving the appHcation for the adjustment of status is made, and the Secretary of State shall reduce by one the number of the preference visas authorized to be issued under sections 202 and 203 within the class to which the alien is chargeable for the fiscal year then current. "(4) The Attorney General may accept an application for adjustment made under paragraph (1) only if the alien remits with such application a sum equalling $1,000, except that such sum shall not be required from an alien if it would not be required from the alien if the alien were applying under subsection (i). "(5) The sum specified in paragraph (4) shall be in addition to the fee normally required for the processing of an application under this section. "(6)(A) The portion of each application fee (not to exceed $200) that the Attorney General determines is required to process an application under this subsection shall be disposed of by the Attorney General as provided in subsections (m), (n), and (o) of section 286. "(B) One-half of any remaining portion of such fee shall be deposited by the Attorney General into the Immigration Examination Fee Account established under section 286(m), and one-half of any remaining portion of such fees shall be deposited by the Attorney General into the Breached Bond/Detention Fund established under section 286(r). "(7) Nothing in this subsection shall be construed as precluding a nonimmigrant described in section 101(a)(15)(V) who is eligible for adjustment of status under subsection (a) from applying for and obtaining adjustment under such subsection. In the case of such an application, the alien shall be required to remit only the fee normally required for the processing of an application under subsection (a).". (d) CONFORMING AMENDMENTS. — (1) ADMISSION OF NONIMMIGRANTS. — Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184) is amended, in each of subsections (b) and (h), by striking "(H)(i) or (L)" and inserting "(H)(i), (L), or (V)". (2) ADJUSTMENT OF STATUS.—Section 245 of the Immigration and Nationality Act (8 U.S.C. 1255) is amended— (A) in each of subsections (d) and (f), by striking "under subsection (a)," each place such term appears and inserting "under subsection (a) or (m),"; and (B) in subsection (e)(1), by striking "subsection (a)." and inserting "subsection (a) or (m).". (e) EFFECTIVE DATE.— The amendments made by this section shall take effect on the date of the enactment of this Act and shall apply to an alien who is the beneficiary of a classification petition filed under section 204 of the Immigration and Nationality Act on or before the date of the enactment of this Act. SEC. 1103. NONIMMIGRANT STATUS FOR SPOUSES AND CHILDREN OF CITIZENS AWAITING THE AVAILABILITY OF AN IMMIGRANT VISA. (a) IN GENERAL.—Section 101(a)(15)(K) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(K)) is amended to read as follows: "(K) subject to subsections (d) and (p) of section 214, an alien who—

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