Volume 73 · 491
Public Law 86–253
To amend section 4 and section 6 of the Act of September 11, 1957.
Approved September 9, 1959
Statutory text
AN ACT
To amend section 4 and section 6 of the Act of September 11, 1957.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 6 of
Admission to U.S.
the Act of September 11, 1957 (71 Stat. 640) is hereby amended to read as follows:
“Sec. 6.
Notwithstanding the provisions of section 212(a)(6) of
the 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 of an alien who has been issued an immigrant visa, or (B) has a son or daughter who is a United States citizen or an alien lawfully admitted for permanent residence or an alien who has been issued an immigrant visa, 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. No visa shall be issued under the authority of this section after June 30, 1961.”
Sec. 2.
Section 4(a) and (b) of the Act of September 11, 1957,
Eligible orphans.
(71 Stat. 639–640) is hereby amended to read as follows:
“Sec. 4.
(a) On or before June 30, 1960, special nonquota
Special visas, extension.
immigrant visas may be issued in accordance with the provisions of subsection (b) of this section to eligible orphans as therein defined 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. No natural parent of any such eligible orphan shall thereafter, by virtue of such parentage, be accorded any right, privilege, or status under the Immigration and Nationality Act.
“(b) When used in this section, the term ‘eligible orphan’ shall
mean an alien child who (1) is an orphan because of the death or
Definitions.
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) has been lawfully adopted abroad by a United States citizen and spouse, or (B) is coming to the United States for adoption by a United States citizen and spouse; and (3) 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.
“Any United States citizen and spouse claiming that any eligible
Petitions.
orphan is entitled to a nonquota immigrant status under subsection (a) of this section may file a petition with the Attorney General. The petition shall be in such form and shall contain such information and be supported by such documentary evidence as the Attorney General may by regulations prescribe. The petition shall establish to the satisfaction of the Attorney General that the petitioners will care for such eligible orphan properly if he is admitted to the United States and, if such eligible orphan has not been lawfully adopted abroad, that they will adopt such orphan in the United States and that the preadoption requirements, if any, of the State of such orphan’s proposed residence have been met. After an investigation of the facts in each case, the Attorney General shall, if he determines the facts stated in the petition are true and that the petitioning United States citizen and spouse are persons of good moral character, approve the petition and forward one copy thereof to the Department or State. The Secretary of State shall then authorize the consular officer concerned to grant nonquota immigrant status to the beneficiary of such petition after the consular officer has determined that such beneficiary is an eligible orphan as herein defined.”
Approved September 9, 1959.