Volume 71 · 639
Public Law 85–316
To amend the Immigration and Nationality Act, and for other purposes.
Approved September 11, 1957
Statutory text
AN ACT
To amend the Immigration and Nationality Act, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That subparagraph (B) of section 101 (b) (1) of the Immigration and Nationality Act is amended to read as follows:
“(B) a stepchild, whether or not born out of wedlock, provided the child had not reached the age of eighteen years at the time the marriage creating the status of stepchild occurred; or”
Sec. 2.
Section 101 (b) (1) of the Immigration and Nationality Act is amended by adding at the end thereof the following new subparagraphs:
“(D) an illegitimate child, by, through whom, or on whose behalf a status, privilege, or benefit is sought by virtue of the relationship of the child to its natural mother;
“(E) a child adopted while under the age of fourteen years if the child has thereafter been in the legal custody of, and has resided with, the adopting parent or parents for at least two years: Provided, That no natural parent or any such adopted child shall thereafter, by virtue of such parentage, be accorded any right, privilege, or status under this Act.”
Sec. 3.
Section 203 (a) (1) of the Immigration and Nationality
Act is amended by striking out “him.” and inserting in lieu thereof the following: “or following to join him.”.
Sec. 4.
On or before June 30, 1959, special nonquota immigrant
Eligible orphans.
Special visas.
visas may be issued to eligible orphans as defined in this section who are under fourteen years of age at the time the visa is issued. Not more than two such special nonquota immigrant visas may be issued to eligible orphans adopted or to be adopted by any one United States citizen and spouse, unless necessary to prevent the separation of brothers or sisters.
When used in this section, the term “eligible orphan” shall mean an alien child (1) who is an orphan because of the death or disappearance of both parents, or because of abandonment or desertion by, or separation or loss from, both parents, or who has only one parent due to the death or disappearance of, abandonment, or desertion by, or separation or loss from the other parent and the remaining parent is incapable of providing care for such orphan and has in writing irrevocably released him for emigration and adoption; (2) (A) who has been lawfully adopted abroad by a United States citizen and spouse, or (B) for whom assurances, satisfactory to the Attorney General, have been given by a United States citizen and spouse that if the orphan is admitted into the United States they will adopt him in the United States and will care for him properly and that the preadoption requirements, if any, of the State of the orphan’s proposed residence have been met; an3 (3) who is ineligible for admission into the United States solely because that portion of the quota to which he would otherwise be chargeable is oversubscribed by applicants registered on the consular waiting list at the time his visa application is made. No natural parent of any eligible orphan who shall be admitted into the United States pursuant to this section shall thereafter, by virtue of such parentage, be accorded any right, privilege, or status under the Immigration and Nationality Act.
Any visa which has been or shall be issued to an eligible orphan
Adoption by U.S. citizen in Armed Forces abroad, etc.
under this section or under any other immigration law to a child lawfully adopted by a United States citizen and spouse while such citizen is serving abroad in the United States Armed Forces, or is employed abroad by the United States Government, or is temporarily abroad on business, shall be valid until such time, for a period not to exceed three years, as the adoptive citizen parent returns to the United States in due course of his service, employment, or business.
The Attorney General may, pursuant to such terms and conditions
Adjustment of status.
as he may by regulations prescribe, adjust the status to that of an alien lawfully admitted for permanent residence, as of the date of his arrival in the United States, in the case of an alien who was
paroled into the United States under section 212 (d) (5) of the Immigration and Nationality Act if such alien at the time of his arrival in the United States was an eligible orphan as defined in section 5
of the Refugee Relief Act of 1953, as amended, and was, or thereafter has been, adopted by a United States citizen and spouse in a court of proper jurisdiction.
Sec. 5.
Any alien, who is excludable from the United States under
Certain excludable aliens.
paragraphs (9), (10), or (12) of section 212 (a) of the Immigration
and Nationality Act, 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 otherwise 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. 6.
Notwithstanding the provisions of section 212 (a) (6) of the
Tuberculous aliens.
Immigration and Nationality Act as far as they relate to aliens afflicted with tuberculosis, any alien who (A) is the spouse or child, including the 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 otherwise admissible, be issued a visa and admitted to the United States for permanent residence in accordance with such terms, conditions, and controls, if any, including the giving of a bond, as the Attorney General, in his discretion, after consultation with the Surgeon General of the United States Public Health Service, may by regulations prescribe:
Report to Congress.
Provided, That the Attorney General shall promptly make a detailed report to the Congress in any case in which the provisions of this
Termination date.
section are applied: Provided further, That no visa shall be issued under the authority of this section after June 30, 1959.
Sec. 7.
The provisions of section 241 of the Immigration and Nationality
Deportation, nonapplicability.
Act relating to the deportation of aliens within the United States on the ground that they were excludable at the time of entry as (1) aliens who have sought to procure, or have procured visas or other documentation, or entry into the United States by fraud or misrepresentation, or (2) aliens who were not of the nationality specified in their visas, shall not apply to an alien otherwise admissible at the time of entry who (A) is the spouse, parent, or a child of a United States citizen or of an alien lawfully admitted for permanent residence; or (B) was admitted to the United States between December 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
Fingerprinting.
Waiver.
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
the Immigration and Nationality Act, respectively, in the case of any nonimmigrant alien.
Sec. 9.
In the administration of the Immigration and Nationality
Adjustment of statue.
Act, the Attorney General is authorized, pursuant to such terms and 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 shall any person acquiring exchange
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.
Sec. 10.
The quota deductions required under the provisions of the
Quota deductions.
Termination date.
following Acts are terminated effective July 1, 1957—
section 201 (e) (2) of the Immigration and Nationality Act;
the Displaced Persons Act of 1948, as amended (62 Stat.
1009, 64 Stat. 219; 65 Stat. 96);
the Act of June 30, 1950 (64 Stat. 306); and
the Act of April 9, 1952 (66 Stat. 50).
Sec. 11.
Section 323 of the Immigration and Nationality Act is amended by adding at the end thereof the following new subsection:
“(c) Any such adopted child (1) one of whose adoptive parents
Adopted child.
is (A) a citizen of the United States, (B) in the Armed Forces of the United States or in the employment of the Government of the United States, or of an American institution of research recognized as such by the Attorney General, or of an American firm or corporation engaged in whole or in part in the development of foreign trade and commerce of the United States, or a subsidiary thereof, or of a public international organization in which the United States participates by treaty or statute, and (C) regularly stationed abroad in such service or employment, and (2) who is in the United States at the time of naturalization, and (3) whose citizen adoptive parent declares before the naturalization court in good faith an intention to have such child take up residence within the United States immediately upon the termination of such service or employment abroad of such citizen adoptive parent, may be naturalized upon compliance with all the requirements of the naturalization laws except that no prior residence or specified period of physical presence within the United States or within the jurisdiction of the naturalization court or proof thereof shall be required, and paragraph (3) of subsection (a) of this section shall not be applicable.”
Sec. 12.
Any alien eligible for a quota immigrant status under the
Nonquota immigrants.
provisions of section 203 (a) (1), (2), or (3) of the Immigration and
Nationality Act on the basis of a petition approved by the Attorney General prior to July 1, 1957, shall oe held to oe a nonquota immigrant and, if otherwise admissible under the provisions of that Act, shall be issued a nonquota immigrant visa: Provided, That, upon his application for an immigrant visa, and for admission to the United States, the alien is found to have retained his relationship to the petitioner, and status, as established in the approved petition.
Sec. 13.
Notwithstanding any other provision of law—
Any alien admitted to the United States as a nonimmigrant
Application for adjustment of status.
under the provisions of either section 101 (a) (15) (A) (i) or (ii) or 101 (a) (15) (G) (i) or (ii) of the Immigration and
Nationality Act, who has failed to maintain a status under any of those provisions, may apply to the Attorney General for adjustment of his status to that of an alien lawfully admitted for permanent residence.
If, after consultation with the Secretary of State, it shall appear to the satisfaction of the Attorney General that the alien is a person of good moral character, that he is admissible for
permanent residence under the Immigration and Nationality Act, and that such action would not be contrary to the national welfare, safety, or security, the Attorney General, in his discretion, may record the alien’s lawful admission for permanent residence as of the date of the order of the Attorney General approving the application for adjustment of status is made.
A complete and detailed statement of the facts and pertinent
Report to Congress.
provisions of law in the case shall be reported to the Congress with the reasons for such adjustment of status. Such reports shall be submitted on the first day of each calendar month in which Congress is in session. If, during the session of the Congress at which a case is reported, or prior to the close of the session of Congress next following the session at which a case is reported, either the Senate or the House of Representatives passes a resolution stating in substance that it does not favor the adjustment of status of such alien, the Attorney General shall thereupon require the departure of such alien in the manner provided by law. If neither the Senate nor the House of Representatives passes such a resolution within the time above specified, the Secretary of State shall, if the alien was classifiable as a quota immigrant at the time of his entry, reduce by one the quota of the quota area to which the alien is chargeable under section 202 of the Immigration and Nationality Act for the fiscal year then
current or the next following year in which a quota is available. No quota shall be so reduced by more than 50 per centum in any fiscal year.
The number of aliens who may be granted the status of
Admission for permanent residence.
Fiscal year total.
aliens lawfully admitted for permanent residence in any fiscal year, pursuant to this section, shall not exceed fifty.
Sec. 14.
Except as otherwise specifically provided in this Act, the definitions contained in subsections (a) and (b) of section 101 of
the Immigration and Nationality Act shall apply to sections 4, 5, 6, 7, 8, 9, 12, 13, and 15 of this Act.
Sec. 15.
Notwithstanding the provisions of section 20 of the Refugee Relief Act of 1953, as amended (67 Stat. 400; 68 Stat. 1044),
special nonquota immigrant visas authorized to be issued under section 3 of that Act which remained unissued on January 1, 1957, shall be allotted, and may be issued by consular officers as defined in the Immigration and Nationality Act, in the following manner:
Not to exceed two thousand five hundred visas to aliens described in paragraph (1) of section 4 (a) of the Refugee Relief
Act, as amended;
Not to exceed one thousand six hundred visas to aliens described in paragraphs (9) or (10) of such section 4(a);
All the rest and remainder of said visas to aliens who are refugee-escapees as defined in subsection (c).
The allotments provided in subsection (a) of this section shall
Availability of allotments.
be available for the issuance of immigrant visas to the spouses and unmarried sons or daughters under twenty-one years of age, including stepsons or stepdaughters and sons or daughters adopted prior to July 1, 1957, of persons referred to in subsection (a) of this section if accompanying them: Provided, That each such alien, as described in this section, is found to be eligible to be issued an immigrant visa and to be admitted to the United States under the provisions of the Immigration and Nationality Act: Provided further, That all special nonquota immigrant visas authorized to be issued under this section shall be issued in accordance with the provisions of section 221 of the Immigration and Nationality Act: Provided further, That a quota
number is not available to such alien at the time of his application for a visa.
For purposes of subsection (a), the term “refugee-escapee”
“Refugee-escapes”.
means any alien who, because of persecution or fear of persecution on account of race, religion, or political opinion has fled or shall flee (A) from any Communist, Communist-dominated, or Communist-occupied area, or (B) from any country within the general area of the Middle East, and who cannot return to such area, or to such country, on account of race, religion, or political opinion.
For the purposes of this section, the term “general area of the
“General area of the Middle East”.
Middle East” means the area between and including (1) Libya on the west, (2) Turkey on the north, (3) Pakistan on the east, and (4) Saudi Arabia and Ethiopia on the south.
Except as otherwise provided in subsection (a) of this section,
nothing in this section shall be held to extend the Refugee Relief Act of 1953, as amended (67 Stat. 400; 68 Stat. 1044), and nothing in this section shall be held to authorize the issuance of special nonquota immigrant visas in excess of the number provided in section 3 of that Act.
Sec. 16.
In the administration of section 301 (h) of the Immigration
Absences from U. S.
and Nationality Act, absences from the United States of less than twelve months in the aggregate, during the period for which continuous physical presence in the United States is required, shall not be considered to creak the continuity of such physical presence.
Approved September 11, 1957.