Immigration and Nationality Amendments of 1986

(Measure passed House, amended)

Immigration and Nationality Amendments of 1986 - Title I: Entry and Adjustment of Status - Part A: Entry and Adjustment of Status of Immigrants - Amends the Immigration and Nationality Act to exclude returning permanent resident aliens from the definition of "entry" for purposes of such Act.

Provides for the admission of a limited number of specified employees of multinational corporations and their families as special immigrants.

Provides for the admission of unmarried sons and daughters and surviving spouses of G-4 visa employees of certain international organizations as special immigrants ("J" status). Grants nonimmigrant status to: (1) parents of children receiving "J" status while they are minors; and (2) other children of such parents or a surviving "J" status spouse.

Requires members of professions to have appropriate college degrees or significant work experience for purposes of such Act.

Allows surviving spouses of citizens to petition for entry under immediate relative status.

Reduces the Amerasian sponsorship requirement from five years to two years. Allows private agency sponsorship for adult Amerasians.

Repeals the employment offer requirement for preference entry purposes for specified aliens with extraordinary ability in the arts.

Extends reentry permit length from two years to five years.

Part B: Entry and Adjustment of Status of Nonimmigrants - Provides for the temporary admission into the United States of operators of (passenger) motor common carriers.

Permits alien crewmen on U.S. fishing ships to stop temporarily in Guam.

Broadens the classification of nonimmigrant treaty trader and investor to include supervisory services or transfer of technology. Permits admission as nonimmigrants of non-treaty traders or investors who invest substantial amounts of money and employ at least five U.S. workers from countries providing similar reciprocal immigration rights to U.S. nationals. Requires the Attorney General and the Secretary of State to monitor such admissions and report to the Congress within two years.

Separates "H" status nonimmigrants into professionals or executives and aliens of distinguished merit and ability. Requires alien trainees to participate in formal training programs.

Authorizes a three-year pilot visa waiver program for up to eight countries providing similar benefits to U.S. visitors. Requires such visitors to the United States to: (1) have a nonrefundable roundtrip ticket; and (2) stay in the United States for not more than 90 days. Requires an automated data arrival and departure system to be operational before such visa waiver program may begin.

Part C: Refugee-Related Provisions - Provides for permanent resident status to be granted to refugees immediately upon entry.

Title II: Exclusion and Deportation - Authorizes the waiver of literacy requirements (for purposes of exclusion) for sole surviving siblings 55 years of age or older.

Provides for the deportation of an alien who enters the United States under a work-related preference visa and does not engage in such employment or occupation within 12 months of entry.

Replaces the existing individual suspension of deportation reporting requirement with an annual reporting requirement regarding numbers and nationality of suspended deportations.

Title III: Enforcement - Part A: Marriage-Related Provisions - Establishes a two-year conditional permanent resident status for alien spouses and their sons and daughters who become permanent residents through marriage or as immediate relatives.

Subjects such aliens to deportation if the Attorney General determines within such two-year period that: (1) the marriage was entered into to evade the immigration laws; (2) the marriage has been judicially annulled or terminated (other than by death); or (3) a fee or other consideration was paid to secure such marriage.

Authorizes the Attorney General to grant a hardship waiver.

Grants aliens the right to contest such status revocation in a deportation hearing.

Requires conditional aliens and spouses, in order to adjust to permanent resident status, to jointly file a petition and appear for an interview (during the 90-day period before the end of the two-year conditional period) attesting that the marriage: (1) was legal; (2) has not been terminated; (3) was not entered into to evade the immigration laws; and (4) was not entered into for pay or other consideration. Requires additional information regarding residency and employment. Requires the Attorney General to act upon such petition within 90 days.

Prohibits an alien who became a permanent resident through marriage from petitioning for permanent resident status for a subsequent spouse unless such petitioning alien has been a permanent resident for five years or can show that the prior marriage was not entered into to evade the immigration laws.

Increases criminal penalties for marriage fraud.

Requires a couple to have previously met within the past two years in order to receive a "K" (fiance) visa. Permits the Attorney General to waive such requirement.

Bars any alien who has conspired or attempted to enter into a fraudulent marriage from entering the United States.

Prohibits status adjustment during such conditional permanent resident period. Permits such an alien spouse to acquire immediate relative status or preference status by reason of such marriage only if he or she has resided outside the United States for a two-year period after the date of the marriage.

Directs the Attorney General to report to the Congress within six months concerning the application of the two-year marriage fraud presumption.

Amends the provision of such Act relating to exclusion for fraud or misrepresentation to preclude an alien from seeking any other benefit (under such Act) based upon such fraud or misrepresentation.

Part B: Other Provisions - Provides for the temporary release on parole of an alien involved in exclusion or deportation proceedings. Prohibits such release under specified circumstances.

Increases specified Immigration and Naturalization Service (INS) fines. Authorizes INS to receive 50 percent of such amounts.

Modifies carrier responsibility for alien detention. Directs the Attorney General to provide carriers with related technical assistance.

Title IV: Citizenship and Naturalization - Reduces from ten years to five years the citizen residency requirement to transfer citizenship at birth to children.

Permits a child born outside the United States to derive citizenship upon naturalization of the parent if the child resides permanently in the United States and is less than 18 years old at the time such naturalization occurs.

Provides for the issuance of certificates of citizenship for a permanent resident child adopted by U.S. citizens.

Requires "intent" in order to relinquish nationality.

Permits nonprofit organizations approved by the Attorney General to receive naturalization material.

Title V: Miscellaneous Provisions - Directs INS to provide for, and make available to the Congress and the public, a statistical information system.

Includes the relationship between an illegitimate child and its natural father within the definition of "child" for purposes of status, benefit, or privilege under such Act.