Page:United States Statutes at Large Volume 116 Part 3.djvu/245

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PUBLIC LAW 107-273—NOV. 2, 2002 116 STAT. 1837 "(b) EXTENSION OF H-IB WORKER STATUS.— The Attorney General shall extend the stay of an alien who qualifies for an exemption under subsection (a) in one-year increments until such time as a final decision is made— "(1) to deny the application described in subsection (a)(1), or, in a case in which such application is granted, to deny a petition described in subsection (a)(2) filed on behalf of the alien pursuant to such grant; "(2) to deny the petition described in subsection (a)(2); or "(3) to grant or deny the alien's application for an immigrant visa or for adjustment of status to that of an alien lawfully admitted for permanent residence.". SEC. 11030B. APPLICATION FOR NATURALIZATION BY ALTERNATIVE APPLICANT IF CITIZEN PARENT HAS DIED. Section 322(a) of the Immigration and Nationality Act (8 U.S.C. 1433(a)) is amended— (1) in the matter preceding paragraph (1)— (A) by inserting "(or, if the citizen parent has died during the preceding 5 years, a citizen grandparent or citizen legal guardian)" after "citizen of the United States"; and (B) by striking "such parent" and inserting "such applicant"; (2) in paragraph (1), by inserting "(or, at the time of his or her death, was)" after "parent"; (3) in paragraph (2)— (A) in subparagraph (A), by inserting "(or, at the time of his or her death, had)" after "has"; and (B) in subparagraph (B), by inserting "(or, at the time of his or her death, had)" after "has" the first place such term appears; (4) by amending paragraph (4), to read as follows: "(4) The child is residing outside of the United States in the legal and physical custody of the applicant (or, if the citizen parent is deceased, an individual who does not object to the application)."; and (5) by adding at the end the following: "(5) The child is temporarily present in the United States pursuant to a lawful admission, and is maintaining such lawful status.". Subtitle B—EB-5 Amendments CHAPTER 1—IMMIGRATION BENEFITS SEC. 11031. REMOVAL OF COP«)ITIONAL BASIS OF PERMANENT RESI- 8 USC 1186b DENT STATUS FOR CERTAIN ALIEN ENTREPRENEURS, note. SPOUSES, AND CHILDREN. (a) IN GENERAL.— In lieu of the provisions of section 216A(c)(3) of the Immigration and Nationality Act (8 U.S.C. 1186b(c)(3)), subsection (c) shall apply in the case of an eligible alien described in subsection (b)(1). (b) ELIGIBLE ALIENS DESCRIBED. — (1) IN GENERAL.— An alien is an eligible alien described in this subsection if the alien—