Priv. L. 100-2, sec. 1

TEMPORARY RESIDENT STATUS FOR BENEFICIARY AND ADJUSTMENT OF STATUS.

EnactedYear: 1987Length: 339 wordsOfficial source
SECTION 1. TEMPORARY RESIDENT STATUS FOR BENEFICIARY AND ADJUSTMENT OF STATUS. (a) Temporary Residence.— Notwithstanding section 212(a)(23) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(23)), Kil Joon Yu Callahan may be issued a visa and admitted to the United States for temporary residence if she— (1) is found to be otherwise admissible under the provisions of that Act; and (2) applies for a visa and for admission to the United States within two years after the date of the enactment of this Act. (b) Previously Known Ground for Exclusion.— The exemption under subsection (a) shall apply only to grounds for exclusion of which the Department of State or the Department of Justice had knowledge before the date of the enactment of this Act. (c) Adjustment to Permanent Residence.— The Attorney General shall, at the end of the 2-year period after the date on which the beneficiary was granted such temporary status, adjust the status of the beneficiary provided lawful temporary resident status under subsection (a) to that of an alien lawfully admitted for permanent residence if— (1) the Attorney General finds, that the beneficiary has exhibited conduct during such period which demonstrates good moral character (including drug rehabilitation and community ties); (2) the beneficiary establishes that she has resided continuously in the United States since the date she was granted such temporary status; and 101 STAT. 1974 (3) the beneficiary establishes that she— (A) is admissible to the United States as an immigrant; and (B) she has not been convicted of any felony or three or more misdemeanors committed in the United States. (d) Treatment of Brief, Casual, and Innocent Absences.— During the period the beneficiary is in temporary status under subsection (a), the beneficiary shall not be considered to have failed to maintain continuous physical presence in the United States for purposes of such subsection by virtue of brief, casual, and innocent absences from the United States. (e) Affidavits.— The Attorney General may require the beneficiary to submit affidavits for purposes of determinations made under subsection (c).