Page:United States Statutes at Large Volume 117.djvu/2781

 117 STAT. 2762

Applicability.

VerDate 11-MAY-2000

13:59 Aug 30, 2004

PUBLIC LAW 108–188—DEC. 17, 2003

to the United States under the Compact or the Compact, as amended. (d) A person admitted to the United States under the Compact, or the Compact, as amended, shall be considered to have the permission of the Government of the United States to accept employment in the United States. An unexpired Federated States of Micronesia passport with unexpired documentation issued by the Government of the United States evidencing admission under the Compact or the Compact, as amended, shall be considered to be documentation establishing identity and employment authorization under section 274A(b)(1)(B) of the Immigration and Nationality Act, as amended, 8 U.S.C. 1324a(b)(1)(B). The Government of the United States will take reasonable and appropriate steps to implement and publicize this provision, and the Government of the Federated States of Micronesia will also take reasonable and appropriate steps to publicize this provision. (e) For purposes of the Compact and the Compact, as amended: (1) the term ‘‘residence’’ with respect to a person means the person’s principal, actual dwelling place in fact, without regard to intent, as provided in section 101(a)(33) of the Immigration and Nationality Act, as amended, 8 U.S.C. 1101(a)(33), and variations of the term ‘‘residence,’’ including ‘‘resident’’ and ‘‘reside,’’ shall be similarly construed; (2) the term ‘‘actual residence’’ means physical presence in the Federated States of Micronesia during eighty-five percent of the five-year period of residency required by section 141(a)(3) and (4); (3) the term ‘‘certificate of actual residence’’ means a certificate issued to a naturalized citizen by the Government of the Federated States of Micronesia stating that the citizen has complied with the actual residence requirement of section 141(a)(3) or (4); (4) the term ‘‘nonimmigrant’’ means an alien who is not an ‘‘immigrant’’ as defined in section 101(a)(15) of such Act, 8 U.S.C. 1101(a)(15); and (5) the term ‘‘immediate relative’’ means a spouse, or unmarried son or unmarried daughter less than 21 years of age. (f) The Immigration and Nationality Act, as amended, shall apply to any person admitted or seeking admission to the United States (other than a United States possession or territory where such Act does not apply) under the Compact or the Compact, as amended, and nothing in the Compact or the Compact, as amended, shall be construed to limit, preclude, or modify the applicability of, with respect to such person: (1) any ground of inadmissibility or deportability under such Act (except sections 212(a)(5) and 212(a)(7)(B)(i)(II) of such Act, as provided in subsection (a) of this section), and any defense thereto, provided that, section 237(a)(5) of such Act shall be construed and applied as if it reads as follows: ‘‘any alien who has been admitted under the Compact, or the Compact, as amended, who cannot show that he or she has sufficient means of support in the United States, is deportable’’; (2) the authority of the Government of the United States under section 214(a)(1) of such Act to provide that admission as a nonimmigrant shall be for such time and under such

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