Page:United States Statutes at Large Volume 90 Part 2.djvu/1238

 90 STAT. 2706

Ante, p. 2703. 8 USC 1153.

8 USC 1151.

Repeal.

Cuban refugees, adjustment of status.

PUBLIC LAW 94-571—OCT. 20, 1976 " SEC. 245. (a) The status of an alien who was mspected and admitted or paroled into the United States may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if (1) the alien makes an application for such adjustment, (2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and (3) an immig r a n t visa is immediately available to him at the time his application is filed. " (b) Upon the approval of an application for adjustment made under subsection (a), the Attorney General shall record the alien's lawful admission for permanent residence as of the date the order of the Attorney General approving the application for the adjustment of status is made, and the Secretary of State shall reduce by one the number of the preference or nonpreference visas authorized to be issued under sections 202(e) or 203(a) within the class to which the alien is chargeable for the fiscal year then current. " (c) The provisions of this section shall not be applicable to (1) an alien crewman; (2) an alien (other than an immediate relative as defined in section 201(b)) who hereafter continues in or accepts unauthorized employment p r i o r to filing an application for adjustment of status; or (3) any alien admitted in transit without visa under section 212(d)(4)(C).". S E C 7. (a) Section 101(a) (27) of the Immigration and Nationality Act (8 U.S.C. 1101(a) (27)) is amended by striking out subparagraph (A) and by redesignating subparagraph s (B) through (E) as subparagraph s (A) through (D), respectively. (b) Section 204 of such Act (8 U.S.C. 1154) is amended to add a new subsection (f), to read as follows: " (f) The provisions of this section shall be applicable to qualified immigrants specified in paragraph s (1) through (6) of section 202(e).". (c) Section 211(b) of such Act (8 U.S.C. 1181(b)) is amended by striking out "section 101(a) (27)(B) " and inserting in lieu thereof "section 101(a) (27)(A) ". (d) Section 212(a) (24) of such Act (8 U.S.C. 1182(a) (24)) is amended by striking out "101 (a) (27)(A) and (B) " and inserting in lieu thereof "101(a) (27)(A) and aliens born in the Western Hemisphere". (e) Section 241(a) (10) of such Act (8 U.S.C. 1251(a) (10)) is amended by striking out the language in the parentheses and inserting in lieu thereof the following: "other than an alien described in section 101(a) (27)(A) and aliens born in the Western Hemisphere". (f) Section 244(d) of such Act (8 U.S.C. 1254(d)) is amended by striking out "is entitled to special immigrant classification under section 101(a) (27)(A), o r ". (g) Section 21(e) of the Act of October 3, 1965 (Public Law 89-236; 79 Stat. 921), is repealed. SEC. 8. The Act ejititled "An Act to adjust the status of Cuban refugees to that of lawful permanent residents of the United States, and for other purposes", approved November 2, 1966 (8 U.S.C. 1255, note), is amended by adding at the end thereof the following new section: " SEC. 5. The approva1 of an application for adjustment of status to that of lawful permanent resident of the United States pursuant to the provisions of socticm 1 of this Act shall not require the Secretary of State to reduce the number of visas authorized to be issued in any class in the case of any alien who,is physically present in the United States

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