66 Stat. 174. 8 USC 1104. Department of State pursuant to subsection (b) of section 104 of the Immigration and Nationality Act. SPECIAL NONQUOTA VISAS; NUMBERS Sec. 3. There are hereby authorized to be issued two hundred five thousand special nonquota immigrant visas to aliens, specified in section 4 of this Act, seeking to enter the United States as immigrants and to their spouses and their unmarried sons or daughters under twenty-one years of age, including stepsons or stepdaughters and sons or daughters adopted prior to July 1, 1953, if accompanying them. ALLOCATION OF SPECIAL NONQUOTA VISAS Sec. 4. (a) Special nonquota immigrant visas authorized to be issued under section 3 of this Act shall be allotted as follows: (1) Not to exceed fifty-five thousand visas to German ex pellees residing in the area of the German Federal Republic or in the western sectors of Berlin or in Austria: Provided, That the visas issued under this paragraph shall be issued only in the German Federal Republic or in the western sector of Berlin or in Austria. (2) Not to exceed thirty-five thousand visas to escapees residing in the area of the German Federal Republic or the western sectors of Berlin or in Austria: Provided, That the visas issued under this paragraph shall be issued only in the German Federal Republic or in the western sector of Berlin or in Austria. (3) Not to exceed ten thousand visas to escapees residing within the European continental limits of the member nations of the North Atlantic Treaty Organization or in Turkey, Sweden, Iran or in the Free Territory of Trieste and who are not nationals of the area in which they reside: Provided, That such visas shall be issued only in the area or areas mentioned in this paragraph. (4) Not to exceed two thousand visas to refugees who (a) during World War II were members of the armed forces of the Republic of Poland, (b) were honorably discharged from such forces, (c) reside on the date of the enactment of this Act in the British Isles, and (d) have not acquired British citizenship. (5) Not to exceed forty-five thousand visas to refugees of such visas shall be issued only in Italy or in the Free (7) Not to exceed fifteen thousand visas to refugees of Greek (8) Not to exceed two thousand visas to persons of Greek ethnic origin, residing on the date of the enactment of this Act in Greece, who qualify under any of the preferences specified in paragraph (2), (3) or (4) of section 203 (a) of the Immigration and Nationality Act: Provided, That such visas shall be issued only in Greece. (9) Not to exceed fifteen thousand visas to refugees of Dutch ethnic origin residing on the date of the enactment of this Act in continental Netherlands: Provided, That such visas shall be issued only in continental Netherlands. (10) Not to exceed two thousand visas to persons of Dutch ethnic origin, residing on the date of the enactment of this Act in continental Netherlands, who qualify under any of the preferences specified in paragraph (2), (3) or (4) of section 203 (a) of the Immigration and Nationality Act: Provided, That such visas shall be issued only in continental Netherlands. (11) Not to exceed two thousand visas to refugees, residing within the district of an American consular office in the Far East: Provided, That such visas shall be issued only in said consular office district and only to refugees who are not indigenous to the area described in this paragraph. 8 USC 1153. Spouses, etc. "Eligible orphan." (12) Not to exceed three thousand visas to refugees, residing within the district of an American consular office in the Far East: Provided, That such visas shall be issued only in said consular office district and only to refugees who are indigenous to the area described in this paragraph. (13) Not to exceed two thousand visas to refugees of Chinese ethnic origin whose passports for travel to the United States are endorsed by the Chinese National Government or its authorized representatives. (14) Not to exceed two thousand visas to refugees who on the date of the enactment of this Act are eligible to receive assistance from the United Nations Relief and Works Agency for Palestine Refugees in the Near East: Provided, That such visas shall be issued only in the area described in this paragraph. (b) The allotments provided in subsection (a) of this section shall be available for the issuance of immigrant visas to the spouses and unmarried sons or daughters under twenty-one years of age, including stepsons or stepdaughters and sons or daughters adopted prior to July 1, 1953, referred to in section 3 of this Act, of persons referred to in subsection (a) of this section. ORPHANS Sec. 5. (a) Not to exceed four thousand special nonquota immigrants visas may be issued to eligible orphans as defined in this Act who are under ten years of age at the time the visa is issued: Provided, That not more than two such special nonquota immigrant visas may be issued to eligible orphans adopted or to be adopted by any one United States citizen and spouse, unless necessary to prevent the separation of brothers or sisters. (b) When used in this Act the term "eligible orphan" shall mean an alien child (1) who is an orphan because of the death or disappearance of both parents, or because of abandonment or desertion by, or separation or loss from, both parents, or who has only one parent due to the death or disappearance of, abandonment or desertion by, or separation or loss from the other parent and the remaining parent is incapable of providing care for such orphan and has in writing irrevocably released him for emigration and adoption; (2) (a) who has been lawfully adopted abroad by a United States citizen and spouse, or (b) for whom assurances, satisfactory to the consular officer to whom a visa application on behalf of the orphan is made, have been given by a United States citizen and spouse that if the orphan is admitted into the United States they will adopt him in the United States and will care for him properly; and (3) who is ineligible for admission into the United States solely because the nonpreference portion of the quota to which he would otherwise be chargeable is oversubscribed by applicants registered on the consular waiting list at the time his visa application is made: Provided, That no natural parent of any eligible orphan who shall be admitted into the United States pursuant to this Act shall thereafter, by virtue of such parentage, be accorded any right, privilege, or status under the Immigration and Na- 66 Stat. 163. tionality Act. (c) The assurances required in this section shall be in lieu of the assurances required in section 7 of this Act. ADJUSTMENT OF STATUS 8 USC 1101 note. Sec. 6. Any alien who establishes that prior to July 1, 1953, he lawfully entered the United States as a bona fide nonimmigrant and that because of events which have occurred subsequent to his entry into the United States he is unable to return to the country of his birth, or nationality, or last residence, because of persecution or fear of persecution on account of race, religion, or political opinion, may, within one year after the effective date of this Act, apply to the Attorney General of the United States for an adjustment of his immigration status. If the Attorney General shall, upon consideration of all the facts and circumstances of the case, determine that such alien has been of good moral character for the preceding five years and that the alien was physically present in the United States on the date of the enactment of this Act and is otherwise qualified under all other provisions of the Immigration and Na- 8 USC 1101 tionality Act except that the quota to which he is chargeable is oversubscribed, the Attorney General shall report to the Congress all the pertinent facts in the case. If, during the session of the Congress in which a case is reported or prior to the end of the session of the Congress next following the session in which a case is reported, the Congress passes a concurrent resolution stating in substance that it approves the granting of the status of an alien lawfully admitted for permanent residence to such alien, the Attorney General is authorized, upon the payment of the required visa fee, which shall be deposited note. Spouses, etc. "Eligible orphan." (12) Not to exceed three thousand visas to refugees, residing within the district of an American consular office in the Far East: Provided, That such visas shall be issued only in said consular office district and only to refugees who are indigenous to the area described in this paragraph. (13) Not to exceed two thousand visas to refugees of Chinese ethnic origin whose passports for travel to the United States are endorsed by the Chinese National Government or its authorized representatives. (14) Not to exceed two thousand visas to refugees who on the date of the enactment of this Act are eligible to receive assistance from the United Nations Relief and Works Agency for Palestine Refugees in the Near East: Provided, That such visas shall be issued only in the area described in this paragraph. (b) The allotments provided in subsection (a) of this section shall be available for the issuance of immigrant visas to the spouses and unmarried sons or daughters under twenty-one years of age, including stepsons or stepdaughters and sons or daughters adopted prior to July 1, 1953, referred to in section 3 of this Act, of persons referred to in subsection (a) of this section. ORPHANS Sec. 5. (a) Not to exceed four thousand special nonquota immigrants visas may be issued to eligible orphans as defined in this Act who are under ten years of age at the time the visa is issued: Provided, That not more than two such special nonquota immigrant visas may be issued to eligible orphans adopted or to be adopted by any one United States citizen and spouse, unless necessary to prevent the separation of brothers or sisters. (b) When used in this Act the term "eligible orphan” shall mean an alien child (1) who is an orphan because of the death or disappearance of both parents, or because of abandonment or desertion by, or separation or loss from, both parents, or who has only one parent due to the death or disappearance of, abandonment or desertion by, or separation or loss from the other parent and the remaining parent is incapable of providing care for such orphan and has in writing irrevocably released him for emigration and adoption; (2) (a) who has been lawfully adopted abroad by a United States citizen and spouse, or (b) for whom assurances, satisfactory |