Page:United States Statutes at Large Volume 75.djvu/695

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[75 Stat. 655]
[75 Stat. 655]
PUBLIC LAW 87-000—MMMM. DD, 1961

75 S T A T. ]

PUBLIC LAW 8 7 - 3 0 1 - S E P T. 26, 1961

manent residence in accordance with such terms, conditions, and controls, if any, including the giving of a bond, as the Attorney Oeneral, in his discretion after consultation with the Surgeon General of the United States Public Health Service, may by regulations prescribe." SEC. 13. Section 212(a)(9) of the Immigration and Nationality Act (8 U.S.C. 1182) is hereby amended by changing the semicolon at the end to a period, and adding thereafter the following: "Any alien who would be excludable because of the conviction of a misdemeanor classifiable as a petty offense under the provisions of section 1(3) of title 18, United States Code, by reason of the punishment actually imposed, or who would be excludable as one who admits the commission of an offense that is classifiable as a misdemeanor under the provisions of section 1(2) of title 18, United States Code, by reason of the punishment which might have been imposed upon him, may be granted a visa and admitted to the United States if otherwise admissible: Provided, That the alien has committed only one such offense, or admits the commission of acts which constitute the essential elements of only one such offense." SEC. 14. Section 212 of the Immigration and Nationality Act (8 U.S.C. 1182) is hereby amended by adding the following additional subsection: " (g) Any alien, who is excludable from the United States under paragraphs (9), (10), or (12) of this section, who (A) is the spouse or child, including a minor unmarried adopted child, of a United States citizen, or of an alien lawfully admitted for permanent residence, or (B) has a son or daughter who is a United States citizen or an alien lawfully admitted for permanent residence, shall, if otherAvise admissible, be issued a visa and admitted to the United States for permanent residence (1) if it shall be established to the satisfaction of the Attorney General that (A) the alien's exclusion would result in extreme hardship to the United States citizen or lawfully resident spouse, parent, or son or daughter of such alien, and (B) the admission to the United States of such alien would not be contrary to the national welfare, safety, or security of the United States; and (2) if the Attorney General, in his discretion, and pursuant to such terms, conditions, and procedures as he may by regulations prescribe, has consented to the alien's applying or reapplying for a visa and for admission to the United States." SEC. 15. Section 212 of the Immigration and Nationality Act (8 U.S.C. 1182) is hereby amended by adding the following additional subsection: " (h) 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, may 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. 16. Section 241 of the Immigration and Nationality Act (8 U.S.C. 1251) is hereby amended by adding the following: "(f) The provisions of this section relating to the deportation of aliens within the United States on the ground that they were excludable at the time of entry as aliens who have sought to procure, or have procured visas or other documentation, or entry into the United States by fraud or misrepresentation shall not apply to an alien otherwise admissible at the time of entry who is the spouse, parent, or a

655

Petty offenses.

62 Stat. 684.

aif^^g^"'^^^^ ^ 66 Stat. i82.

^is/s°by7raudretc!

Deportabi e ^^ee^'Stat. 204.