Immigration and Nationality Act Amendments of 1979 - Amends the Immigration and Nationality Act to exclude from the definition of "immigrant" an alien (and accompanying spouse and children) having a foreign residence (with no intention of abandoning such residence) coming to the United States temporarily to study full-time at a vocational, language, or other non-academic institution approved by the Attorney General.
Redefines the definition of "child" to include: (1) a child legitimated before the age of 18; (2) an illegitimate child through whom, or on whose behalf, a status or benefit under such Act is sought by virtue of the relationship to its natural father; (3) a child adopted before the age of 16; and (4) an orphan under the age of 16.
Excludes adultery from the determination of good moral character for the purposes of such Act.
Provides that aliens seeking admission within five years of the date of their deportation or removal shall be ineligible for admission into the United States (presently no time limit on excludability).
Exempts specified aliens with medical specialties practicing in the United States as of January 9, 1977, from alien exclusion provisions. Repeals certain reporting requirements under such provisions.
Authorizes the Attorney General to admit for permanent residence certain aliens: (1) otherwise excludable for specified drug-related convictions; and (2) having immigrant visas but excludable for other specified reasons who could not have been aware through reasonable diligence of such excludability before coming to the United States.
Revises re-entry permit provisions to authorize the issuance of such permit for a two-year non-renewable period (presently one year with up to a one year discretionary extension).
Revises alien deportation and maintenance expense provisions to: (1) provide that deportation shall be to the country from which the alien boarded the vessel or airplane that brought him to the United States; and (2) provide that if such departure was from a foreign territory contiguous to the United States of which such alien was not a national or resident, then deportation shall be to the country from which such alien departed for such contiguous territory; (3) set forth guidelines for the Attorney General if a country is unwilling to accept a deportable alien; and (4) require such transportation lines to deposit a bond to cover any fine or disputed fine relating to deportation with a district director of customs (presently with a customs collector).
Repeals the provision providing for the non-applicability of fraudulent entry deportation provisions to alien spouses, children, or parents of United States citizens or permanent residents.
Includes individuals who participated in Nazi-related World War II persecutions within the category of excludable aliens which the Attorney General may not allow to deport voluntarily in lieu of a deportation proceeding.
Repeals provisions allowing the Attorney General to suspend a deportation procedure upon the application of an alien and allow such an alien to have his status adjusted to that of a permanent resident.
Revises the category of non-immigrant aliens who can not have their non-immigrant classification changed to another non-immigrant classification without first applying to the Attorney General for such change.
Repeals alien change of address requirements concerning: (1) yearly current address notification; and (2) three-month notification of current address by temporary residents.
Provides that the spouse and dependent unmarried children of an alien who qualifies for certain naturalization residence requirement exceptions shall also qualify for such exceptions for the period they resided abroad as members of such alien's household.
Removes the requirement that adopted children born outside the United States be adopted while under the age of 16 in order for certain automatic citizenship provisions to apply.
Removes: (1) the requirement that two witnesses verify an individual's naturalization petition; and (2) certain affidavit and proof of residence requirements for such petition.
Repeals the provisions requiring witnesses to be present at a final hearing for naturalization and requiring a 30 day waiting period between the filing of a petition and the issuance of a certificate of naturalization.
Requires the clerk of a naturalization court to pay to the Attorney General one-half of all fees up to $40,000 (presently $6,000), and all fees in excess of such amount, in a fiscal year.
Repeals provisions concerning: (1) adjustment of status from non-immigrant to permanent resident; and (2) authority of the Central Intelligence Agency to have aliens admitted for permanent residence on the basis of national security without regard to their admissibility under immigration laws or regulations.
Introduced in House
Introduced in House
Referred to House Committee on the Judiciary.
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