Pub. L. 101-649, tit. VII, sec. 702
BONA FIDE MARRIAGE EXCEPTION TO FOREIGN RESIDENCE REQUIREMENT FOR MARRIAGES ENTERED INTO DURING CERTAIN IMMIGRATION PROCEEDINGS.
SEC. 702. BONA FIDE MARRIAGE EXCEPTION TO FOREIGN RESIDENCE REQUIREMENT FOR MARRIAGES ENTERED INTO DURING CERTAIN IMMIGRATION PROCEEDINGS. (a) In General.— Section 245(e) (8 U.S.C. 1255(e)) is amended— (1) in paragraph (1), by striking “An alien” and inserting “Except as provided in paragraph (3), an alien”, and (2) by adding at the end the following new paragraph: “(3) Paragraph (1) and section 204(h) shall not apply with respect to a marriage if the alien establishes by clear and convincing evidence to the satisfaction of the Attorney General that the marriage was entered into in good faith and in accordance with the laws of the place where the marriage took place and the marriage was not entered into for the purpose of procuring the alien’s entry as an immigrant and no fee or other consideration was given (other than a fee or other consideration to an attorney for assistance in preparation of a lawful petition) for the filing of a petition under section 204(a) or 214(d) with respect to the alien spouse or alien son or daughter. In accordance with regulations, there shall be only one level of administrative appellate review for each alien under the previous sentence.”. (b) Conforming Amendment— Section 204(h) (8 U.S.C. 1154(h)) is amended by inserting “except as provided in section 245(e)(3),” after “Notwithstanding subsection (a),”. (c) Effective Date.— The amendments made by this section shall apply to marriages entered into before, on, or after the date of the enactment of this Act.