tion 212(a) (13), (14), (15), (22), (23), (27), or (29)), but who is in possession of appropriate documents or is granted a waiver thereof and is seeking admission, may be admitted into the United States in the discretion of the Attorney General, if the Attorney General is of the opinion that such action with respect to such alien would not be contrary to the national interest, safety or security. Admission to the United States under the provisions of this section shall be in accordance with such terms, conditions, and controls, if any, including the giving of a bond, as the Attorney General, in his discretion, and after consultation with the Surgeon General of the United States Public Health Service, in cases involving medical and public health considerations, may by regulations prescribe. The Secretary of State shall, with respect to each alien granted a visa under this section, reduce by one the quota of the quota area to which the alien is chargeable for the fiscal year then current or the next following fiscal year in which a quota is available, but no quota shall be so reduced by more than 50 per centum in any fiscal year. SEC. 8. Notwithstanding the provisions of the Immigration and Nationality Act (66 Stat. 163), or any other law, the Attorney General is authorized, in his discretion, to suspend deportation and adjust the status to that of an alien lawfully admitted for permanent residence in the case of any alien within the United States who is deportable under any law of the United States and who (1) has served honorably in an active duty status in the military, air, or naval forces of the United States in time of war or during a period declared by the President to be a period of national emergency, or who, if separated from such service, was separated under honorable conditions; or (2) is the spouse, child, parent, sister, unmarried son or daughter (including stepsons and stepdaughters and legally adopted sons or daughters) of a citizen of the United States or of an alien lawfully admitted for permanent residence; or (3) is authorized to perform the ministerial or priestly functions of a recognized religious denomination or who is engaged by a recognized religious denomination or by an interdenominational mission organization having a bona fide organization in the United States as a missionary brother, sister, or nun; if the Attorney General is of the opinion that such action would not be contrary to the national interest, safety, or security. The secretary of State shall, if the alien was not classified as a quota immigrant at the time of entry, reduce by one the quota of the quota area to which the alien is chargeable for the fiscal year then current or the next following fiscal year in which a quota is available, but no quota shall be reduced by more than 50 per centum in any fiscal year. SEC. 9. The definitions contained in sections 101 (a) and (b) of the Immigration and Nationality Act (66 Stat. 166, 171) shall be applicable in the administration of sections 5 and 6. SEC. 10. The number of aliens who shall be granted the status of aliens lawfully admitted for permanent residence in any fiscal year, pursuant to sections 5 and 6 shall not exceed five thousand. SEC. 11. Paragraph (27)(A) of section 101(a) of the Immigration and Nationality Act (66 Stat. 169; 8 U.S.C. 1101(a) (27) (A)) is amended to read as follows: (A) an immigrant who is the child, spouse, or parent of a citizen of the United States;". SEC. 12. Paragraph (27) (C) of section 101 (a) of the Immigration and Nationality Act (66 Stat. 169; 8 U.S.C. 1101(a) (27) (C)) is amended to read as follows: "(C) an immigrant who was born in any independent foreign country of North, Central, or South America or in any independent island country adjacent thereto or in the Canal Zone and the spouse and children of any such immigrant if accompanying or following to join him;". SEC. 13. The proviso to section 223(b) of the Immigration and Nationality Act (66 Stat. 194; 8 U.S.C. 1203 (b)) is amended to read as follows: "Provided, That the Attorney General may in his discretion extend the validity of the permit for a period or periods not exceeding one year in the aggregate: Provided further, That the Attorney General may in his discretion extend the validity of the permit of a spouse or child of a member of the armed services of the United States stationed abroad pursuant to official orders for such period or periods as the Attorney General shall deem appropriate. The permit shall be in such form as shall be by regulations prescribed for the complete identification of the alien." SEC. 14. (a) Section 316 of the Immigration and Nationality Act (66 Stat. 242: 8 U.S.C. 1427) is amended by adding at the end thereof the following new subsection: "(g) The provisions of subsections (b) and (c) of this section shall be available to the spouse and children of a person engaged or employed as specified therein if their absence is for the purposes of residing with such person abroad, except that such benefits shall not be available to such children after their marriage or after they attain the age of twenty-three years." (b) Subsection (a) of section 316 of the Immigration and Nationality Act (66 Stat. 177; 8 U.S.C. 1427(a)) is amended by inserting immediately before the period at the end thereof the following: "except that no period of State residence shall be required for persons who are in active service in the Armed Forces of the United States". SEC. 15. (a) Section 328 of the Immigration and Nationality Act (66 Stat. 249; 8 U.S.C. 1439) is amended to read as follows: "NATURALIZATION THROUGH SERVICE IN THE ARMED FORCES OF THE UNITED STATES "SEC. 328. (a) Notwithstanding the provisions of sections 310(d) and 318 of the Immigration and Nationality Act, a person who has served honorably at any time in the Armed Forces of the United States for a period or periods aggregating three years, and who if separated from such service, has never been separated except under honorable conditions, may be naturalized upon compliance with all the requirements of the Immigration and Nationality Act, except that "(1) he may be naturalized regardless of age; (2) no period of residence or specified period of physical presence within the United States or any State shall be required, but there shall be included in the petition the affidavits of at least two credible witnesses, citizens of the United States, stating that each such witness personally knows the petitioner to be a person of good moral character, attached to the principles of the Constitution of the United States and happiness of the United States; "(3) the petition for naturalization may be filed in any court having naturalization jurisdiction regardless of the residence of the petitioner; "(4) notwithstanding section 336(c) of the Immigration and Nationality Act, the petitioner may be naturalized immediately if prior to the filing of the petition, the petitioner and the witnesses shall have appeared before and been examined by a representative of the Service; and "(5) no fee, except that which may be required by State law, shall be charged or collected for making, filing, or docketing the petition for naturalization or for the final hearing thereon, or for the certificate of naturalization, if issued. "(b) In case such petitioner's service was not continuous, the petitioner's residence in the United States and State, good moral character, attachment to the principles of the Constitution of the United States, and favorable disposition toward the good order and happiness of the United States, during any period within five years immediately preceding the date of filing such petition between the periods of petitioner's service in the Armed Forces, shall be alleged in the petition filed under the provisions of subsection (a) of this section, and proved at the final hearing thereon. Such allegation and proof shall also be made as to any period between the termination of petitioner's service and the filing of the petition for naturalization. "(c) The petitioner shall comply with the requirements of section 316(a) of this title, except that he shall not be required to establish lawful admission for permanent residence, if the termination of such service has been more than one year preceding the date of filing the petition for naturalization except that such service within five years immediately preceding the date of filing shall be considered as residence and physical presence within the United States. "(d) Any such period or periods of service under honorable conditions and good moral conduct, attachment to the principles of the Constitution of the United States, and favorable disposition toward the good order and happiness of the United States, during such service, shall be proved by duly authenticated copies of the records of the executive departments having custody of the records of such service, and such authenticated copies of records shall be accepted in lieu of compliance with the provisions of section 316(a). "(e) The provisions of subsection (a) of this section shall be applicable to a person who has been separated from the armed services of the United States under honorable conditions notwithstanding that he served less than three years if such separation was caused by disability resulting from personal injury sustained or disease contracted or suffered in line of duty or by aggravation of a preexisting injury or disease contracted or suffered in line of duty, or by any other disability resulting from reasons beyond the control of such person. "(f) The provisions of subsection (a) of this section shall be applicable to any person who, notwithstanding the length of this service, has served honorably in an active duty status in the Armed Forces of the United States during any of the following periods, all dates inclusive: "(1) from April 21, 1898, to August 12, 1898; "(2) from April 6, 1917, to November 11, 1918; "(3) from September 1, 1939, to December 31, 1946; and who is separated under honorable conditions. "(g) No person separated from the Armed Forces of the United States on account of alienage, or who was a conscientious objector who performed no military, air, or naval duty whatever or refused to wear the uniform, shall be regarded as having served honorably or having been separated under honorable conditions for the purpose of this section. No period of service in such Armed Forces shall be made the basis of a petition for naturalization under this section if the applicant has previously been naturalized on the basis of the same period of service. "(h) Citizenship acquired under this section may be revoked in accordance with section 340 of this title if at any time subsequent to naturalization the person is separated from the Armed Forces of the United States under a discharge not under honorable conditions and such ground for revocation shall be in addition to any other provided by law. The fact that the naturalized person was separated from the service under a discharge not under honorable conditions shall be proved by a duly authenticated certification from the executive department under which the person was serving at the time of separation." (b) Section 329 of the Immigration and Nationality Act is repealed. (c) Section 340 (f) of the Immigration and Nationality Act (66 Stat. 261; 8 U.S.C. 1459(f)) is amended by inserting, immediately following the language "section 329 (c) of this title", the following: "as it existed prior to its repeal or under section 328(h) of this title". Section 328 as amended shall apply to all persons who qualify under this section and who have any form of naturalization proceeding pending at the time of enactment of this section. SEC. 16. Sections 352, 353, and 354 (8 U.S.C. 1844-86) are repealed. O COMMITTEE ON THE JUDICIARY. EIGHTY-EIGHTH CONGRESS SECOND SESSION ON H.R. 7700 and 55 identical bills CARD OMASKER TO AMEND THE IMMIGRATION AND NATIONALITY ACT, AND H.R. 1629, H.R. 1654, H.R. 2103, H.R. 2896, H.R. 3566, BILLS TO AMEND THE IMMIGRATION AND NATIONALITY ACT 36-382 JULY 2, 22, 23, 27, 29; AUGUST 3, 1964 PART II Serial No. 13 Printed for the use of the Committee on the Judiciary U.S. GOVERNMENT PRINTING OFFICE |