Page:United States Statutes at Large Volume 100 Part 5.djvu/67

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PUBLIC LAW 99-000—MMMM. DD, 1986

PUBLIC LAW 99-639—NOV. 10, 1986

100 STAT. 3541

under subsection (h) or (i) of section 212 of certain grounds of 8 USC 1182. exclusion, such waiver terminates upon the termination of such permanent residence status under this section. "(g) DEFINITIONS.—In this section: "(1) The term 'alien spouse' means an alien who obtains the status of an alien lawfully admitted for permanent residence (whether on a conditional basis or otherwise)— "(A) as an immediate relative (described in section 201(b)) 8 USC 1151. as the spouse of a citizen of the United States, "(B) under section 214(d) as the fiancee or fiance of a Post, p. 3542. citizen of the United States, or "(C) under section 203(a)(2) as the spouse of an alien 8 USC 1153. lawfully admitted for permanent residence, by virtue of a marriage which was entered into less than 24 months before the date the alien obtains such status by virtue of such marriage, but does not include such an alien who only obtains such status as a result of section 203(a)(8). "(2) The term 'alien son or daughter' means an alien who obtains the status of an alien lawfully admitted for permanent residence (whether on a conditional basis or otherwise) by virtue of being the son or daughter of an individual through a qualifying marriage. "(3) The term 'qualifying marriage' means the marriage described to in paragraph (1). "(4) The term 'petitioning spouse' means the spouse of a qualifying marriage, other than the alien.". 0)) ADDITIONAL GROUND FOR DEPORTATION.—Section 241 (8 U.S.C.

1251) is amended— (1) in subsection (a)(9)— (A) by inserting "(A)" after "(9)", and (B) by inserting before the semicolon the following: ", (B) or is an alien with permanent resident status on a conditional basis under section 216 and has such status terminated under such section"; and (2) by adding at the end the following new subsection: "(g) The provisions of subsection (a)(9)(B) shall not apply in the cases described in section 216(c)(4).". Ante, p. 3537. (c) CLASSIFICATION PETITIONS.—Section 204(a) of such Act (8 U.S.C. 1154(a)) is amended— (1) by inserting "(1)" after "(a)", and (2) by adding at the end the following new paragraph: "(2)(A) The Attorney General may not approve a spousal second preference petition filed by an alien who, by virtue of a prior marriage, has been accorded the status of an alien lawfully admitted for permanent residence as the spouse of a citizen of the United States or as the spouse of an alien lawfully admitted for permanent residence, unless— "(i) a period of 5 years has elapsed after the date the alien acquired the status of an alien lawfully admitted for permanent residence, or "(ii) the alien establishes to the satisfaction of the Attorney General by clear and convincing evidence that the prior marriage (on the basis of which the alien obtained the status of an alien lawfully admitted for permanent residence) Was not entered into for the purpose of evading any provision of the immigration laws.