Page:United States Statutes at Large Volume 71.djvu/677

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[71 Stat. 641]
[71 Stat. 641]

71 S T A T. ]

PUBLIC LAW 85-316-SEPT. 11, 1957


22, 1945, and November 1, 1954, both dates inclusive, and misrepresented his nationality, place of birth, identity, or residence in applying for a visa: Provided, That such alien described in clause (B) shall establish to the satisfaction of the Attorney General that the misrepresentation was predicated upon the alien's fear of persecution because of race, religion, or political opinion if repatriated to his former home or residence, and was not committed for the purpose of evading the quota restrictions of the immigration laws or an investigation of the alien at the place of his former home, or residence, or elsewhere. After the effective date of this Act, any alien who is the spouse, parent, or child of a United States citizen or of an alien lawfully admitted for permanent residence and who is excludable because (1) he seeks, has sought to procure, or has procured, a visa or other documentation, or entry into the United States, by fraud or misrepresentation, or (2) he admits the commission of perjury in connection therewith, shall hereafter be granted a visa and admitted to the United States for permanent residence, if otherwise admissible, if the Attorney General in his discretion has consented to the alien's applying or reapplying for a visa and for admission to the United States. SEC. 8. The Secretary of State and the Attorney General are hereby ^^^IJf""^"""^" authorized, in their discretion and on a basis of reciprocity, pursuant to such regulations as they may severally prescribe, to waive the requirement of fingerprinting specified in sections 221(b) and 262 of 1302" ^ ^ 120 1, the Immigration and Nationality Act, respectively, in the case of any nonimmigrant alien. SEC. 9. I n the administration of the Immigration and Nationality gt^us."^ *"**"* °^ Act, the Attorney General is authorized, pursuant to such terms and 8 USC 1101 note, conditions as he may by regulations prescribe, to adjust the status to that of an alien lawfully admitted for permanent residence in the case of (A) an alien, physically present within the United States on July 1, 1957, who is the beneficiary of an approved visa petition for immigrant status under section 203(a)(1)(A) of the Immigration and Nationality Act filed on his behalf prior to the date of enactment of * ^^^ ^^^^' this Act, and (B) his spouse and children physically present within the United States on July 1, 1957. This section shall be applicable Applicability, only to aliens admissible to the United States except for the fact that an immigrant visa is not promptly available for issuance to them because the quota of the quota area to which they are chargeable is oversubscribed. Upon the payment of the required visa fee and the adjustment of status under this Act, the Attorney General shall record the alien's lawful admission for permanent residence as of the date of the order adjusting status. Nothing contained in this section shall be held to repeal, amend or modify any of the provisions of the Act of June 4, 1956 (70 Stat. 241), nor snail any person acquiring exchange 22 USC i446. visitors status subsequent to the enactment of that Act, and who has not received a, waiver pursuant thereto, be eligible for adjustment of status under this section. Pursuant to such terms and conditions, and in accordance with such procedure, as he may by regulations prescribe, the Attorney General is authorized to grant nonquota status, and a nonquota immigrant visa shall be issued, to the otherwise admissible spouse and child of any alien specified in clause (A) whose status has been adjusted under this Act if the marriage by virtue of which such relationship exists occurred prior to July 1, 1957.