Pub. L. 101-649, tit. III, sec. 301 (as amended)

FAMILY UNITY.

Last amended: 1997Year: 1996Length: 582 wordsOfficial source
SEC. 301. FAMILY UNITY. (a) Temporary Stay of Removal and Work Authorization for Certain Eligible Immigrants.—The Attorney General shall provide that in the case of an alien who is an eligible immigrant (as defined in subsection (b)(1)) as of May 5, 1988 (in the case of a relationship to a legalized alien described in subsection (b)(2)(B) or (b)(2)(C)) or as of December 1, 1988 (in the case of a relationship to a legalized alien described in subsection (b)(2)(A)), who has entered the United States before such date, who resided in the United States on such date, and who is not lawfully admitted for permanent residence, the alien— (1) may not be removed or otherwise required to depart from the United States on a ground specified in paragraph (1)(A), (1)(B), (1)(C), (3)(A), of section 241(a) of the Immigration and Nationality Act (other than so much of section 241(a)(1)(A) of such Act as relates to a ground of inadmissibility described in paragraph (2) or (3) of section 212(a) of such Act), and (2) shall be granted authorization to engage in employment in the United States and be provided an “employment authorized” endorsement or other appropriate work permit. (b) Eligible Immigrant and Legalized Alien Defined.—In this section: (1) The term “eligible immigrant” means a qualified immigrant who is the spouse or unmarried child of a legalized alien. (2) The term “legalized alien” means an alien lawfully admitted for temporary or permanent residence who was provided— (A) temporary or permanent residence status under section 210 of the Immigration and Nationality Act, (B) temporary or permanent residence status under section 245A of the Immigration and Nationality Act, or (C) permanent residence status under section 202 of the Immigration Reform and Control Act of 1986. (c) Application of Definitions.—Except as otherwise specifically provided in this section, the definitions contained in the Immigration and Nationality Act shall apply in the administration of this section. (d) Temporary Disqualification From Certain Public Welfare Assistance.—Aliens provided the benefits of this section by virtue of their relation to a legalized alien described in subsection (b)(2)(A) or (b)(2)(B) shall be ineligible for public welfare assistance in the same manner and for the same period as the legalized alien is ineligible for such assistance under section 245A(h) or 210(f), respectively, of the Immigration and Nationality Act. (e) Exception for Certain Aliens.—An alien is not eligible for the benefits of this section if the Attorney General finds that— (1) the alien has been convicted of a felony or 3 or more misdemeanors in the United States, (2) the alien is described in section 208(b)(2)(A) of the Immigration and Nationality Act, or (3) has committed an act of juvenile delinquency which if committed by an adult would be classified as— (A) a felony crime of violence that has an element the use or attempted use of physical force against another individual, or (B) a felony offense that by its nature involves a substantial risk that physical force against another individual may be used in the course of committing the offense. (f) Construction.—Nothing in this section shall be construed as authorizing an alien to apply for admission to, or to be admitted to, the United States in order to obtain benefits under this section. (g) Effective Date.—This section shall take effect on October 1, 1991; except that the delay in effectiveness of this section shall not be construed as reflecting a Congressional belief that the existing family fairness program should be modified in any way before such date.
Public laws referenced
104-208103-416101-649102-232
Pub. L. 101-649, tit. III, sec. 301 (as amended): FAMILY UNITY. | Justis AI