Armed Forces Immigration Adjustment Act of 1989

Armed Forces Immigration Adjustment Act of 1989 - Amends the Immigration and Nationality Act to provide special immigrant status for certain aliens (and their dependents) who have served, or are serving, on active duty for a 12-year period in the U.S. armed forces.

 
HR 582 IH
102d CONGRESS
1st Session
 H. R. 582
To amend the Immigration and Nationality Act to provide for special immigrant
status for certain aliens who have served honorably (or are enlisted to serve)
in the Armed Forces of the United States for at least 12 years.
IN THE HOUSE OF REPRESENTATIVES
January 18, 1991
Mr. PICKETT introduced the following bill; which was referred to the Committee
on the Judiciary
A BILL
To amend the Immigration and Nationality Act to provide for special immigrant
status for certain aliens who have served honorably (or are enlisted to serve)
in the Armed Forces of the United States for at least 12 years.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
SECTION 1. SHORT TITLE.
  This Act may be cited as the `Armed Forces Immigration Adjustment Act
  of 1989'.
SEC. 2. SPECIAL IMMIGRANT STATUS FOR ALIENS WHO HAVE SERVED HONORABLY (OR
ARE ENLISTED TO SERVE) IN THE ARMED FORCES OF THE UNITED STATES FOR AT LEAST
12 YEARS.
  (a) IN GENERAL- Section 101(a)(27) of the Immigration and Nationality Act
  (8 U.S.C. 1101(a)(27)) is amended--
  (1) by striking `or' at the end of subparagraph (H),
  (2) by striking the period at the end of subparagraph (I) and inserting
  `; or', and
  (3) by adding at the end the following new subparagraph:
  `(J) an immigrant who has served honorably on active duty in the Armed
  Forces of the United States after October 15, 1978, and after original
  lawful enlistment outside the United States (under a treaty or agreement
  in effect on the date of the enactment of this subparagraph) for a period
  or periods aggregating--
  `(i) 12 years and who, if separated from such service, was never separated
  except under honorable conditions, or
  `(ii) 6 years, in the case of an immigrant who is on active duty at the
  time of seeking special immigrant status under this subparagraph and who
  has reenlisted to incur a total active duty service obligation of at least
  12 years,
and the spouse or child of any such immigrant if accompanying or following
to join the immigrant.'.
  (b) NUMERICAL LIMITATION-
  (1) IN GENERAL- Subject to paragraph (2), the number of individuals who
  may be granted special immigrant status under section 101(a)(27)(J) of
  the Immigration and Nationality Act in any fiscal year (other than as a
  spouse or child described in such section) may not exceed--
  (A) in the case of aliens who are nationals of a foreign state for which
  there is a numerical limitation treaty or agreement (as defined in paragraph
  (3)), the annual limit specified in such treaty or agreement as of the
  date of the enactment of this Act, or
  (B) in the case of aliens who are nationals of any other state, 100.
  (2) EXCEPTION FOR ALIENS CURRENTLY MEETING REQUIREMENTS- The numerical
  limitations of paragraph (1) shall not apply to individuals who meet the
  requirements of section 101(a)(27)(J) of the Immigration and Nationality
  Act as of the date of the enactment of this Act.
  (3) NUMERICAL LIMITATION TREATY OR AGREEMENT- In paragraph (1), the term
  `numerical limitation treaty or agreement' means a treaty or agreement
  in effect on the date of the enactment of this Act which authorizes and
  limits the number of aliens who are nationals of such state who may be
  enlisted annually in the Armed Forces of the United States.