Page:United States Statutes at Large Volume 100 Part 5.djvu/69

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PUBLIC LAW 99-000—MMMM. DD, 1986

PUBLIC LAW 99-639—NOV. 10, 1986

100 STAT. 3543

SEC. 4. RESTRICTIONS ON FUTURE ENTRY OF ALIENS INVOLVED WITH MARRIAGE FRAUD.

(a) IN GENERAL.—Section 204(c) of the Immigration and Nationality Act (8 U.S.C. 1154(c)) is amended— (1) by inserting " (1) " after " i f,

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(2) by inserting ", or has sought to be accorded," after "pret- viously been accorded", and (3) by inserting before the period at the end the following: ", or (2) the Attorney General has determined that the alien has attempted or conspired to enter into a marriage for the purpose of evading the immigration laws". (b) EFFECTIVE DATE.—The amendment made by subsection (a) 8 USC 1154 note, shall apply to petitions filed on or after the date of the enactment of this Act. SEC. 5. RESTRICTIONS ON ADJUSTMENT OF STATUS OR PETITIONS BASED ON MARRIAGES ENTERED WHILE IN EXCLUSION OR DEPORTATION PROCEEDINGS. (a) RESTRICTION ON ADJUSTMENT.—Section 245 of the Immigration

and Nationality Act (8 U.S.C. 1255), as amended by sections 2(d) and 3(b), is further amended— (1) in subsection (c), by striking "The provisions of this section" and inserting "Subsection (a)", and (2) by adding at the end the following new subsection: "(e)(1) An alien who is seeking to receive an immigrant visa on the basis of a marriage which was entered into during the period described in paragraph (2) may not have the alien's status adjusted under subsection (a). "(2) The period described in this paragraph is the period during which administrative or judicial proceedings are pending regarding the alien's right to enter or remain in the United States.". (b) RESTRICTION ON PETITIONS.—Section 204 of such Act (8 U.S.C. 1154) is amended by adding at the end the following new subsection: "(h) Notwithstanding subsection (a), a petition may not be approved to grant an alien immediate relative status or preference status by reason of a marriage which was entered into during the period described in section 245(e)(2), until the alien has resided Supra. outside the United States for a 2-year period beginning after the date of the marriage.". (c) EFFECTIVE DATE.—The amendments made by this section shall 8 USC 1154 note, apply to marriages entered into on or after the date of the enactment of this Act. (d) REPORT ON SECTION 241(c) SANCTIONS.—The Attorney General shall study and report to the Congress, not later than 6 months after the date of the enactment of this Act, concerning the application of the 2-year marriage fraud presumption under section 241(c) of the Immigration and Nationality Act (8 U.S.C. 1251(c)). Such report shall include— (1) the number of cases of deportations effected under such section, and (2) recommendations for changes in such section. SEC. 6. EXCLUSION FOR MISREPRESENTATIONS.

(a) IN GENERAL.—Paragraph (19) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1152(a)) is amended to read as follows:

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8 USC 1182.