ELIGIBILITY FOR REFUGEE STATUS.

SEC. 255. ELIGIBILITY FOR REFUGEE STATUS. (a) Eligibility for In-Country Refugee Processing in Vietnam.—For purposes of eligibility for in-country refugee processing for nationals of Vietnam during fiscal years 2000 and 2001, an alien described in subsection (b) or (d) shall be considered to be a refugee of special humanitarian concern to the United States (within the meaning of section 207 of the Immigration and Nationality Act (8 USC 1157)) and shall be admitted to the United States for resettlement if the alien would be admissible as an immigrant under the Immigration and Nationality Act (except as provided in section 207(c)(3) of that Act). (b) Aliens Covered.—An alien described in this subsection is an alien who— (1) is the son or daughter of a qualified national; (2) is 21 years of age or older; and (3) was unmarried as of the date of acceptance of the alien's parent for resettlement under the Orderly Departure Program or through the United States Consulate General in Ho Chi Minh City. (c) Qualified National.—The term “qualified national” in subsection (b)(1) means a national of Vietnam who— (1)(A) was formerly interned in a re-education camp in Vietnam by the Government of the Socialist Republic of Vietnam; or (B) is the widow or widower of an individual described in subparagraph (A); (2)(A) qualified for refugee processing under the Orderly Departure Program re-education subprogram; and (B) except as provided in subsection (d), on or after April 1, 1995, is or has been accepted under the Orderly Departure Program or through the United States Consulate General in Ho Chi Minh City— (i) for resettlement as a refugee; or (ii) for admission to the United States as an immediate relative immigrant; and (3)(A) is presently maintaining a residence in the United States; or (B) was approved for refugee resettlement or immigrant visa processing and is awaiting departure formalities from Vietnam. (d) Previous Denials Based on Lack of Co-Residency.—An alien who is otherwise qualified under subsection (b) is eligible for admission for resettlement regardless of the date of acceptance of the alien's parent if the alien previously was denied refugee resettlement based solely on the fact that the alien was not listed continuously on the parent's residence permit.