Imagini ale paginilor
PDF
ePub

*

[ocr errors][merged small]

The Immigration Act of 1990 (Pub. L. 101-649) amended section 202(a) of the Immigration and Nationality Act to increase the annual foreign state limitation from 20,000 to at least 25,620 immigrants. This amendment was effective October 1, 1991.

· Foreign states which have dependent areas.

2 Persons born in Manchuria, Inner Mongolia, Sinkiang, and Tibet are chargeable to the limitation for China-mainland.

3 Persons born in the areas administered prior to June 1967 by Israel, Jordan, Egypt, and Syria are chargeable, respectively, to the foreign state limitation for Israel, Jordan, Egypt, and Syria.

Section 103 of the Immigration Act of 1990 (Pub. L. 101-649 of 11/29/90) provides for Hong Kong to be considered as a separate foreign state, and not as a colony or other component or dependent area of another foreign state, except that the total number of immigrant visas made available to natives of Hong Kong under subsections (a) and (b) of section 203 of such Act in each of fiscal years 1991, 1992, and 1993 may not exceed 10,000.

5 Persons born in Junagadh and that portion Jammu and Kashmir controlled by India are chargeable to the foreign state limitation for India. Persons born in that portion of Jammu and Kashmir controlled by Pakistan are chargeable to the foreign state limitation for Pakistan.

6 In November 1986 three of the four political components which made up the Trust Territory of the Pacific Islands assumed new status and are no longer subject to the Trusteeship agreement. The Republic of the Marshall Islands and the Federated States of Micronesia are now sovereign, self-governing states in free association with the United States; as such, each has become a separate chargeability for immigrant visa purposes. The Northern Marianas is now a Commonwealth in political union with the United States, and thus a U.Ş. territory; therefore, it is not a chargeability for immigrant visa purposes. The Trusteeship agreement remains in effect for Palau, however; therefore, immigrant visa applicants born in Palau continue to be properly chargeable to the limitation of the Trust Territory of the Pacific Islands.

Persons born in the Habomai Islands, Shikotan, Kunashiri, Etorofu, and Southern Sakhalin are chargeable to the foreign state limitation for Japan.

8 Madeira and the Azores are included as an integral part of Portugal.

• The Balearic Islands, the Canary Islands, and the following areas of Spanish sovereignty in North Africa/Ceuta, Islas Chafarinas, Melilla, Penon de Alhucemas, and Penon de Velez de la Gomera-are considered as integral parts of Spain.

[ocr errors]

4. LIST OF DEPENDENT AREAS SUBJECT TO ANNUAL LIMITATION OF IMMIGRANTS UNDER SECTION 202 (A) OF THE IMMIGRATION AND NATIONALITY ACT

[ocr errors]

(Source: Visa Office, Department of State; as of January 1, 1992)

[blocks in formation]

* The Immigration Act of 1990 (Pub. L. 101-649) increased the annual dependent area limitation from 5,000 to 7,320 immigrants. This amendment was effective October 1, 1991. · Persons born in the portion of St. Martin controlled by France are chargeable to Guadeloupe; those born in the Netherlands controlled portion are chargeable to the Netherlands Antilles.

Section 103 of the Immigration Act of 1990 (Public Law 101-649 of 11/29/90) provides for Hong Kong to be considered to be a separate foreign state, and not as a colony or other compo nent or dependent area of another foreign state, except that the total number of immigrant visas made available

to natives

of Hong Kong under subsections (a) and (b) of section 203 of such Act in each of fiscal years 1991, 1992, and 1993 may not exceed 10,000.

5. TRANSITION DIVERSITY PROGRAM—AA-1

The Immigration Act of 1990 established a transition diversity program for Fiscal Years 1992, 1993 and 1994 under which 40,000 numbers outside the annual limitation are made available for natives of foreign states from which immigration had been "adversely affected" by P.L. 89-236 (the Act of October 3, 1965). This was derived from and intended as a bridge between the former "NP-5" program created by the Immigration Reform and Control Act of 1986 (P.L. 99-603) (see Appendix II.B.1.) and the permanent “Diversity Immigrants" classification which will go into effect in FY-95. The new temporary program is identified by the symbol AA-1.

The AA-1 program specifically applies to the same "adversely affected” countries identified for the NP-5 program. The merger of the former German Democratic Republic and the Federal Republic of Germany reduces the number from 36 to 35 such countries.

In addition to a substantial increase in the numbers, this provision also differs from the NP-5 program, however, in several other respects. For example, it sets aside a minimum of 40% of the numbers for natives of the country with the highest usage of NP-5 visa numbers, i.e., Ireland. (Under a subsequent Technical Amendments Act provision (§ 302(bX6) of P.L. 102–232), natives of Northern Ireland are deemed to be natives of Ireland for the purpose of this program.)

It also differs in implementation. In its initial formulation, the program would have "selected” successful registrants by the chronological sequence in which their registration applications were received during a specified period. Under this system, applicants could submit as many registration applications as they wished and, as a counterweight to the vagaries of the many postal systems involved, a significant proportion of the applicants did, indeed, engage in multiple mailings. This proce dure too was modified by the technical amendment. Effective for FY's 1993 and 1994, applicants are restricted to a single registration application; any duplicate will invalidate all registration applications from the sender. Successful registrants will be chosen by random selection.

The first registration period was from October 14, 1991 to October 20, 1991. Over seventeen million applications were received, from which the first 50,000 were notified of their selection and instructed as to the requisite steps for applying formally for an immigrant visa or directed to the INS if the alien contemplated adjustment of status. The following is a breakdown by chargeability of the selected 50,000:

Albania
Algeria
Argentina
Austria..
Belgium
Bermuda.
Czechoslovakia
Denmark..
Estonia.
Finland
France
Germany.
Gibraltar..
Great Britain
Guadaloupe
Hungary
Iceland

21
212
1,453

108
110

2
261
145
15
88
636
657

1 3,054

0 240 18

Indonesia ...
Ireland
Italy..
Japan
Latvia...
Liechtenstein
Lithuania..
Luxembourg.
Monaco......
New Caledonia
Netherlands
Norway
Poland
San Marino
Sweden......
Switzerland
Tunisia .........

2,947 20,000

469 6,413 20

0 58 1 2

2 213

287 12,056

0 226 172 109

Each year's registration program is self-contained; i.e., a registration is valid only for the year covered by the registration period. On the other hand, if, by chance, any numbers are unused in any year, the surplus will be added to the numbers available the following year.

The Department will, each year, publish well in advance and publicize widely the registration period and the location to which such applications should be sent for the following fiscal year's AA-1 program.

C. TREATIES CONTAINING TREATY TRADER AND TREATY INVESTOR

PROVISIONS IN EFFECT BETWEEN THE UNITED STATES AND OTHER COUNTRIES

Treaties marked with one asterisk (*) contain only treaty trader provisions and

allow only E-1 issuance, not E-2. Treaties marked with two asterisks (**) contain only treaty investor provisions and allow only E-2 issuance, not E-1.

(Source: Visa Office, Department of State; as of January 1, 1992)

[blocks in formation]

ESTONIA

ITALY Treaty of friendship, commerce, and Treaty of friendship, commerce and consular rights (Article I).

navigation (Article I and Article XXIV, Entered into force May 22, 1926.

paragraph 7). 44 Stat. 2379; TS 736; 7 Bevans 620; 50 Entered into force July 26, 1949. LNTS 13.

63 Stat. 2255; TIAS 1965; 9 Bevans 261;

79 UNTS 171. ETHIOPIA Treaty of amity and economic relations JAPAN 5 (Article VI).

Treaty of friendship, commerce, and Entered into force October 8, 1953.

navigation (Article I). 4 UST 2134; TIAS 2864; 206 UNTS 41. Entered into force October 30, 1953.

4 UST 2063; TIAS 2863; 206 UNTS 143. FINLAND * Treaty of friendship, commerce, and KOREA consular rights (Article 1).

Treaty of friendship, commerce and
Entered into force August 10, 1934. navigation (Article II).
49 Stat. 2659; TS 868; 7 Bevans 718; 152 Entered into force November 7, 1957.
LNTS 45.

8 UST 2217; TIAS 3947; 302 UNTS 281. FRANCE 3

LATVIA
Convention of establishment (Article II). Treaty of friendship, commerce, and
Entered into force December 21, 1960. consular rights (Article I).
11 UST 2398; TIAS 4625; 401 UNTS 75. Entered into force July 25, 1928.

45 Stat. 2641; TS 765; 9 Bevans 531; 80 GERMANY (FRG) 4

LNTS 35. Treaty of friendship, commerce, and

navigation. Entered into force July 14, 1956. LIBERIA 7 UST 1839; TIAS 3593; 273 UNTS 3. Treaty of friendship, commerce and

navigation (Article I). GREECE

Entered into force November 21, 1939. Treaty of friendship, commerce, and 54 Stat. 1739; TS 956; 9 Bevans 595; 201 navigation (Article II).

LNTS 163. Entered into force October 13, 1954. 5 UST 1829; TIAS 3057; 224 UNTS 279.

LUXEMBOURG GRENADA **

Treaty of friendship, establishment and
Bilateral investment treaty (Article II). navigation (Article II).
Entered into force March 3, 1989.

Entered into force March 28, 1963.
S. Treaty Doc. No. 25, 99th Cong. 2d Sess. 14 UST 251; TIAS 5306; 474 UNTS 3.

(1986). HONDURAS

MOROCCO ** Treaty of friendship, commerce, and Bilateral investment treaty (Article II) consular rights (Article I).

Entered into force May 29, 1991. Entered into force July 19, 1928.

S. Treaty Doc. No. 18, 99th Cong., 2d 45 Stat. 2618; TS 764; 8 Bevans 905; 87 Sess. (1986).

LNTS 421. IRAN

NETHERLANDS 6 Treaty of amity, economic relations and Treaty of friendship, commerce and consular rights (Article II).

navigation (Article II). Entered into force June 16, 1957.

Entered into force December 5, 1957. 8 UST 899; TIAS 3853; 284 UNTS 93. 8 UST 2043; TIAS 3942; 285 UNTS 231. IRELAND * Treaty of friendship, commerce, and NORWAY? navigation (Article I).

Treaty of commerce and navigation Entered into force September 14, 1950. (Article 1). 1 UST 785; TIAS 2155; 206 UNTS 269. Entered into force January 18, 1828.

8 Stat. 346; TS 348; 11 Bevans 876. ISRAEL *

Treaty of friendship, commerce, and Treaty of friendship, commerce, and consular rights, etc. navigation (Article II).

Entered into force September 13, 1932. Entered into force April 3, 1954.

47 Stat. 2135; TS 852; 10 Bevans 481; 134 5 UST 550; TIAS 2948; 219 UNTS 237. LNTS 81.

« ÎnapoiContinuați »