CORRECTIONS RELATING TO TITLE VI OF THE IMMIGRATION ACT OF 1990.

SEC. 307. CORRECTIONS RELATING TO TITLE VI OF THE IMMIGRATION ACT OF 1990. (a) Section 212(a) of the INA, as amended by section 601(a) of the Immigration Act of 1990, is amended— (1) in paragraph (1)(A), by adding “or” at the end of clause (ii); 105 STAT. 1754 (2) in paragraph (3)(A)(i), by inserting “(I)” after “any activity” and by inserting “(II)” after “sabotage or”; (3) in paragraph (3)(B)(iii)(III), by striking “an act of terrorist activity” and inserting “a terrorist activity”; (4) in paragraph (3)(D)(iv), by striking “if the alien” and inserting “if the immigrant”; (5) in paragraph (3)(C)(iv), by striking “identities” and inserting “identity”; (6) in paragraph (5)(C), by striking “preference immigrants” and all that follows through the end and inserting the following: “immigrants seeking admission or adjustment of status under paragraph (2) or (3) of section 203(b).”; (7) in paragraph (6)(B)— (A) by striking “who seeks” and inserting “(a) who seeks”, (B) by striking “(or” and inserting “, or (b) who seeks admission”, and (C) by striking “felony)” and inserting “felony,”; (8) in paragraph (6)(E)— (A) by redesignating clause (ii) as clause (iii), and (B) by inserting after clause (i) the following new clause: “(ii) Special rule in the case of family reunification.— Clause (i) shall not apply in the case of alien who is an eligible immigrant (as defined in section 301(b)(1) of the Immigration Act of 1990), was physically present in the United States on May 5, 1988, and is seeking admission as an immediate relative or under section 203(a)(2) (including under section 112 of the Immigration Act of 1990) or benefits under section 301(a) of the Immigration Act of 1990 if the alien, before May 5, 1988, has encouraged, induced, assisted, abetted, or aided only the alien’s spouse, parent, son, or daughter (and no other individual) to enter the United States in violation of law.”; (9) in paragraph (8)(B), by striking “alien” the first place it appears and inserting “person”; and (10) in paragraph (9)(C)— (A) in clause (i), by striking everything that follows “entry of” and inserting “an order by a court in the United States granting custody to a person of a United States citizen child who detains or retains the child, or withholds custody of the child, outside the United States from the person granted custody by that order, is excludable until the child is surrendered to the person granted custody by that order.”, and (B) in clause (ii), by striking “to an alien who” and all that follows through “signatory” and inserting “so long as the child is located in a foreign state that is a party”. (b) Section 212(c) of the INA, as amended by section 601(d)(1) of the Immigration Act of 1990, is amended by striking “subparagraphs (A), (B), (C), or (E) of paragraph (3)” and inserting “paragraphs (3) and (9)(C)”. (c) Section 212(d)(3) of the INA, as amended by section 601(d)(2)(B)(i) of the Immigration Act of 1990, is amended— (1) by striking “(3)(A),” and inserting “(3)(A)(i)(I), (3)(A)(ii), (3)(A)(iii),” each place it appears, and (2) by striking “(3)(D)” and inserting “(3)(E)” each place it appears. 105 STAT. 1755 (d) Section 212(d)(ll) of the IN A, as added by section 601(d)(2)(F) of the Immigration Act of 1990, is amended by inserting “and in the case of an alien seeking admission or adjustment of status as an immediate relative or immigrant under section 203(a) (other than paragraph (4) thereof)” after “section 211(b)”. (e) Section 212(g)(1) of the INA, as amended by section 601(d)(3) of the Immigration Act of 1990, is amended by striking “section (a)(1)(A)(i)” and inserting “subsection (a)(1)(A)(i)”. (f) Section 212(h) of the INA, as amended by section 601(d)(4) of the Immigration Act of 1990, is amended— (1) in the matter before paragraph (1), by striking “in the case of ” and all that follows through “permanent residence”; and (2) in paragraph (1)— (A) in the matter before subparagraph (A), by inserting “(A) in the case of any immigrant” after “(1)”, (B) by striking “and” at the end of subparagraph (A), (C) by striking “and” at the end of subparagraph (C) and inserting “or”, (D) by redesignating subparagraphs (A) through (C) as clauses (i) through (iii), respectively, and (E) by adding at the end the following: “(B) in the case of an immigrant who is the spouse, parent, son, or daughter of a citizen of the United States or an alien lawfully admitted for permanent residence if it is established to the satisfaction of the Attorney General that the alien’s exclusion would result in extreme hardship to the United States citizen or lawfully resident spouse, parent, son, or daughter of such alien; and”. (g) Section 212(i) of the INA, as amended by section 601(d)(5) of the Immigration Act of 1990, is amended by striking “alien” and “alien’s” each place it appears and inserting “immigrant” and “immigrant’s”, respectively. (h) Section 241(a) of the INA, as amended by section 602(a) of the Immigration Act of 1990, is amended— (1) by striking “deportable as being”, and by inserting “deportable” after “the following classes of”; (2) in paragraph (1)(D)(i), by inserting “respective” after “terminated under such”; (3) in paragraph (1)(E)(i), by inserting “any” before “entry” the second and third places it appears; (4) in paragraph (1)(E), by redesignating clause (ii) as clause (iii) and by inserting after clause (i) the following new clause: “(ii) Special rule in the case of family reunification.— Clause (i) shall not apply in the case of alien who is an eligible immigrant (as defined in section 301(b)(1) of the Immigration Act of 1990), was physically present in the United States on May 5, 1988, and is seeking admission as an immediate relative or under section 203(a)(2) (including under section 112 of the Immigration Act of 1990) or benefits under section 301(a) of the Immigration Act of 1990 if the alien, before May 5, 1988, has encouraged, induced, assisted, abetted, or aided only the alien’s spouse, parent, son, or daughter (and no other individual) to enter the United States in violation of law.”; (5) in paragraph (1)(G), by striking “212(a)(5)(C)(i)” and inserting “212(a)(6)(C)(i)”; 105 STAT. 1756 (6) in paragraph (1)(H), by striking “paragraph (6) or (7)” and inserting “paragraph (4)(D)”; (7) in paragraph (2)(D), by inserting “or attempt” after “conspiracy”; (8) in paragraph (3), by adding at the end the following: “(C) Document fraud.— Any alien who is the subject of a final order for violation of section 274C is deportable.”; (9) in subparagraphs (A) and (B) of paragraph (4), by striking “after entry has engaged” and inserting “after entry engages”; and (10) in paragraph (4)(C)(ii), by striking “excluability” and inserting “excludability”. (i) Section 102 of the INA, as amended by section 603(a)(2) of the Immigration Act of 1990, is amended by striking “paragraph (3) (other than subparagraph (E)) of section 212(a)” each place it appears and inserting “subparagraphs (A) through (C) of section 212(a)(3)”. (j) Effective as if included in section 603(a)(5) of the Immigration 8 use 1160. Act of 1990, section 21003)(7)(B) of the INA is amended by striking “212(a)(19)” and inserting “212(a)(6)(C)(i)”. (k) Effective as if included in section 602(b) of the Immigration Act of 1990, section 241 of the INA is amended— (1) by striking subsection (d), and (2) in the subsection (h) (added by section 153(b) of the Immigration Act of 1990) by striking “exist” and inserting “existed” and by redesignating the subsection as subsection (c). (l) Effective as if included in section 603(a) of the Immigration Act of 1990: (1) Sections 207(c)(3) and 209(c) of the INA, as amended by section 603(a)(4)(B) of the Immigration Act of 1990, are each amended by striking “subparagraphs (A)” and inserting “subparagraph (A)”. (2) Section 210A(e)(2)(B) of the INA is amended by striking clauses (iii) and (iv) and inserting the following: “(iii) Paragraph (3) (relating to security and related grounds).”. (3) Section 217(a) of the INA is amended by striking “(26)(B)” and inserting “(7)(B)(i)(II)”. (4) Section 218(g)(3) of the INA is amended by striking “212(a)(14)” and inserting “212(a)(5)(A)(i)”. (5) Section 244A(c) of the INA, as inserted by section 302(a) of the Immigration Act of 1990, is amended— (A) in paragraph (2)(A)(iii)(I), by striking “paragraphs (9) and (10)” and inserting “paragraphs (2)(A) and (2)(B)”; and (B) by amending subclause (III) of paragraph (2)(A)(iii) to read as follows: “(III) Paragraphs (3)(A), (3)(B), (3)(C), or (3)(E) of such section (relating to national security and participation in the Nazi persecutions or those who have engaged in genocide).”. (6) Section 245A(d)(2)(B)(ii) of the INA is amended— (A) by striking subclause (IV), (B) by redesignating subclause (II) as subclause (IV) and by transferring and inserting it after clause (III), (C) by redesignating subclause (III) as subclause (II), (D) by inserting after subclause (II) (as so redesignated) the following new subclause: 105 STAT. 1757 “(III) Paragraph (3) (relating to security and related grounds).”, and (E) by striking “Subclause (II)” and inserting “Subclause (IV)”. (7) Section 272(a) of the INA is amended by striking the comma before “shall pay”. (8) Section 584(a)(2) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988, as amended by section 603(a)(20)(B) of the Immigration Act of 1990, is amended by striking “(D)” and inserting “(E)”. (9) Section 599E of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 (Public Law 101–167) is amended by striking “(23)(B), (27), (29), or (33)” and inserting “(2)(C) and subparagraphs (A), (B), (C), or (E) of paragraph (3)”. (10) Section 2(a)(3) of the Immigration Nursing Relief Act of 1989 is amended by striking “212(a)(14)” and inserting “212(a)(5)(A)”. (m) Effective as if included in section 603(b) of the Immigration Act of 1990— (1) paragraph (4)(B) of such section is amended by striking “in paragraph (2)”, and (2) section 242(e) of the INA is amended by striking “paragraphs (4), (5), (6), (7), (11), (12), (14), (15), (16), (17), (18), or (19)” and inserting “paragraph (2), (3), or (4)”.