Immigration and Nationality Act Amendments of 1981

(Measure passed Senate, amended)

Immigration and Nationality Act Amendments of 1981 - Amends the Immigration and Nationality Act to limit "F" student visas to academic and language training and create an "M" visa for nonacademic and vocational study.

Redefines "child" to include an orphan under the age of 16 and a child adopted before the age of 16.

Excludes adultery and a single offense of simple possession of 30 grams or less of marihuana from the determination of good moral character under such Act.

Provides that aliens seeking admission within five years of the date of their deportation shall be ineligible for admission into the United States (presently no time limit on excludability).

Eliminates certain reporting requirements imposed on the Attorney General regarding the discretionary waiver of excludability. Includes such drug possession offenses among the categories of excludability that may be waived in the case of alien children, spouses, or parents of U.S. citizens or permanent residents.

Eliminates the requirement of a medical specialty certificate from the American Board of Medical Specialties for admission of an alien graduate of a foreign medical school practicing in the United States as of January 9, 1978. Provides that such an alien's stay shall be the time normally required to complete a designated course of medical study (presently two years with a one year extension). Stipulates that such period shall not exceed seven years unless the alien's country has an exceptional need for such specialty training. Permits such an alien to change his or her designated course of medical study upon approval of the Director of the International Communication Agency within two years after entry or acquisition of exchange visitor status (presently must continue course of education under which admitted to the United States). Requires: (1) the alien to file an affidavit of good academic standing annually with the Attorney General; and (2) the Director of the International Communication Agency to report annually to the Congress regarding such aliens.

Amends waiver of standards provisions regarding such training programs to: (1) require a training program to have a comprehensive plan to reduce its reliance on alien physicians to qualify for such a waiver; and (2) extend such waiver authority from December 31, 1981, to December 31, 1983.

Directs the Secretary of Health and Human Services, in coordination with the Attorney General and the Director of the International Communication Agency to report to the Congress at the beginning of fiscal years 1982 and 1983 regarding the distribution (geography, nationality and specialty) of those aliens who have entered the United States under such waiver.

Includes within the definition of "special immigrant" certain alien physicians (and families) who entered the United States before January 10, 1978, and were practicing medicine here.

Directs the Secretary of Health and Human Services, after consultation with the Attorney General, the Secretary of State, and the Director of the International Communication Agency, to report to Congress by January 15, 1983, concerning the value of medical exchange programs.

Revises re-entry permit provisions to authorize the issuance of such permit for a two-year nonrenewable 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; (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).

Makes the existing mandatory waiver of fraudulent entry deportation provisions regarding the alien spouse, children, or parents of United States citizens or permanent residents discretionary. Permits simple drug possession offenses to be waived for such persons. Provides that such deportation waiver shall also apply to improper entry documents resulting from such fraud. Provides with regard to such cancelled deportation proceedings that the reduction of available immigrant visas shall come from the overall permanent or conditional entry visa allotment rather than from the nonpreference allotment. Permits certain nonimmigrant exchange aliens to have deportation proceedings suspended and have their status adjusted to permanent resident.

Revises the category of nonimmigrant aliens who cannot have their nonimmigrant classification changed to another nonimmigrant classification without first applying to the Attorney General for such change.

Eliminates annual address reporting for permanent residents and three month reporting for temporary residents. Requires address changes to be reported within ten days. Authorizes the Attorney General to require particular groups of aliens to report their current addresses.

Provides with regard to the smuggling of aliens into the United States that: (1) any conveyance, including vessels, vehicles, or aircraft used for such purposes (excluding common carriers not consenting to such act and stolen conveyances), shall be subject to seizure and forfeiture; (2) any conveyance may be seized without warrant if probable cause exists and circumstances exist where a warrant is not constitutionally required; (3) specified customs laws shall apply to such seizures; (4) the Attorney General may retain for official use, sell, or require the General Services Administration to take custody of, any forfeited conveyance; and (5) in all forfeiture suits where the conveyance is claimed by any person the burden of proof shall be on such person, provided that probable cause for such forfeiture shall first be shown by the Government.

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: (1) the requirement that two witnesses be present at a final naturalization hearing; and (2) a 30-day waiting period between the filing of a petition and the issuance of a certificate of naturalization.

Requires the clerk of a State 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.

Prohibits an alien diplomat from having his or her status adjusted to that of a permanent resident unless such alien has shown compelling reasons that: (1) he or she is unable to return to the country of accreditation; and (2) the adjustment would be in the national interest.

Authorizes the Attorney General to waive certain technical immigrant visa defects which are not the fault of the alien involved.

Prohibits persons who participated in Nazi-related persecutions from departing voluntarily in lieu of a deportation proceeding or from having their status adjusted to permanent resident.

Requires no specified period of residence within the jurisdiction of a naturalization court for the adopted child of certain U.S. parents not currently residing in the United States.

Exempts alien investors from immigrant visa numerical limitations if as of June 1, 1978, they: (1) had applied for status adjustment; (2) were qualified as nonpreference immigrants; and (3) were exempt from labor certifications because of their actual investment and managerial role in a U.S. business.

Requires the reduction of the annual total country limitations for foreign medical graduates and investors who adjust their status to permanent resident.