(B) an immigrant, lawfully admitted for permanent residence, who is returning from a temporary visit abroad; (C) an immigrant who was born in Canada, the Republic of Mexico, the Republic of Cuba, the Republic of Haiti, the Dominican Republic, the Canal Zone, or an independent country of Central or South America, and the spouse or the child of any such immigrant, if accompanying or following to join him: (D) an immigrant who was a citizen of the United States and may, under section 324 (a) or 327 of title III, apply for reacquisition of citizenship; (E) an immigrant included within the second proviso to section 349 (a) (1) of title III; (F) (i) an immigrant who continuously for at least two years immediately preceding the time of his application for admission to the United States has been, and who seeks to enter the United States solely for the purpose of carrying on the vocation of minister of a religious denomination, and whose services are needed by such religious denomination having a bona fide organization in the United States; and (ii) the spouse or the child of any such immigrant, if accompanying or following to join him; or (G) an immigrant who is an employee, or an honorably retired former employee, of the United States Government abroad, and who has performed faith grant visas to aliens specified in section 2 of this Act, and (B) a number of special nonquota immigrant visas not to exceed the total of the annual quota for two years allocated under the Immigration and Nationality Act to the quota area of the Netherlands to aliens specified in section 3 of this Act seeking to enter the United States as immigrants. The spouse of any such alien and his unmarried sons or daughters under twenty-one years of age, including stepsons or stepdaughters, and sons or daughters adopted prior to July 1, 1958, if accompanying them, may be issued special nonquota immigrant visas notwithstanding the numerical limitations herein provided. "SEC. 2. Visas authorized to be issued under clause (A) of section 1 of this Act shall be issued only to nationals or citizens of Portugal who, because of natural calamity in the Azores Islands subsequent to September 1, 1957, are out of their usual place of abode in such islands and unable to return thereto, and who are in urgent need of assistance for the essentials of life. "SEC. 3. Visas authorized to be issued under clause (B) of section 1 of this Act shall be issued only to nationals or citizens of the Netherlands who have been displaced from their usual place of abode in the Republic of Indonesia subsequent to January 1, 1949, and who were residing in continental Netherlands on the enactment date of this Act. "SEC. 4. Visas authorized to be issued under this Act may be issued by consular officers as defined in the Immigration and Nationality Act in accordance with the provisions of section 221 of that Act: Provided, That each such alien is found to be eligible to be issued an immigrant visa and to be admitted to the United States under the provisions of the Immigration and Nationality Act: Provided further, That a quota number is not available to such alien at the time of his application for a visa. "SEC. 5. Aliens receiving visas under clause (A) of section 1 of this Act shall be exempt from paying the fees prescribed in paragraphs (1) and (2) of section 281 of the Immigration and Nationality Act. "SEC. 6. Except as otherwise specifically provided in this Act, the definitions contained in section 101(a) and (b) of the Immigration and Nationality Act shall apply in the administration of this Act. "SEC. 7. No special nonquota immigrant visa shall be issued under this Act after June 30, 1962." Also see footnotes 9 and 12 on pp. 17 and 27, respectively, and note 5 on p. 29; cf. footnote 25 on pp. 45 and 46. ful service for a total of fifteen years, or more, and his accompanying spouse and children: Provided, That the principal officer of a Foreign Service establishment, in his discretion, shall have recommended the granting of nonquota status to such alien in exceptional circumstances and the Secretary of State approves such recommendation and finds that it is in the national interest to grant such status. (28) The term "organization" means, but is not limited to, an organization, corporation, company, partnership, association, trust, foundation or fund; and includes a group of persons, whether or not incorporated, permanently or temporarily associated together with joint action on any subject or subjects. (29) The term "outlying possessions of the United States" means American Samoa and Swains Island. (30) The term "passport" means any travel document issued by competent authority showing the bearer's origin, identity, and nationality if any, which is valid for the entry of the bearer into a foreign country. (31) The term "permanent" means a relationship of continuing or lasting nature, as distinguished from temporary, but a relationship may be permanent even though it is one that may be dissolved eventually at the instance either of the United States or of the individual, in accordance with law. (32) The term "quota immigrant" means any immigrant who is not a nonquota immigrant. An alien who is not particularly specified in this Act as a nonquota immigrant or a nonimmigrant shall not be admitted or considered in any manner to be either a nonquota immigrant or a nonimmigrant notwithstanding his relationship to any individual who is so specified or by reason of being excepted from the operation of any other law regulating or forbidding immigration. (33) The term "residence" means the place of general abode; the place of general abode of a person means his principal, actual dwelling place in fact, without regard to intent. Residence shall be considered continuous for the purposes of sections 350 and 352 of title III where there is a continuity of stay but not necessarily an uninterrupted physical presence in a foreign state or states or outside the United States. (34) The term "Service" means the Immigration and Naturalization Service of the Department of Justice. (35) The term "spouse", "wife", or "husband" do not include a spouse, wife, or husband by reason of any marriage ceremony where the contracting parties thereto are not physically present in the presence of each other, unless the marriage shall have been consummated. (36) The term "State" includes (except as used in section 310(a) of title III), the District of Columbia, Puerto Rico, Guam, and the Virgin Islands of the United States.R (37) The term "totalitarian party" means an organization which advocates the establishment in the United States of a totalitarian dictatorship or totalitarianism. The terms "totalitarian dictatorship" and "totalitarianism" mean and refer to systems of government not representative in fact, characterized by (A) the existence of a single political party, organized on a dictatorial basis with so close an identity between such party and its policies and the governmental policies of the country in which it exists, that the party and the government constitute an indistinguishable unit, and (B) the forcible suppression of opposition to such party. (38) The term "United States", except as otherwise specifically herein provided, when used in a geographical sense, means the continental United States, Alaska, Hawaii, Puerto Rico, Guam, and the Virgin Islands of the United States. (39) The term "unmarried", when used in reference to any individual as of any time, means an individual who at such time is not married, whether or not previously married. (40) The term "world communism" means a revolutionary movement, the purpose of which is to establish eventually a Communist totalitarian dictatorship in any or all the countries of the world through the medium of an internationally coordinated Communist political movement. (b) As used in titles I and II 1) The term "child" means an unmarried person under twenty-one years of age who is (A) a legitimate child; or (B) a stepchild, whether or not born out of wedlock, provided the child had not reached the age of eighteen years at the time the marriage creating the status of stepchild occurred; or? (C) a child legitimated under the law of the child's residence or domicile, or under the law of the father's residence or domicile, whether in or outside the United States, if such legitimation takes place before the child reaches the age of eighteen years and the child is in the legal custody of the legitimating parent or parents at the time of such legitimation. (D) an illegitimate child, by, through whom, or on whose behalf a status, privilege, or benefit is sought "Alaska" deleted by sec. 22 of the Act of July 7, 1958 (72 Stat. 351). "Hawaii" deleted by sec. 20 (a) of the Act of March 18, 1959 (73 Stat. 13). 7 Prior to its amendment by sec. 1 of the Act of September 11, 1957 (71 Stat. 639), sec. 101 (b) (1) (B) read as follows: "(B) a stepchild, provided the child had not reached the age of eighteen years at the time the marriage creating the status of stepchild occurred; or" by virtue of the relationship of the child to its nat- (E) a child adopted while under the age of four- (2) The terms "parent", "father", or "mother" mean a parent, father, or mother only where the relationship exists by reason of any of the circumstances set forth in (1) above. (3) The term "person" means an individual or an organization. (4) The term "special inquiry officer" means any immigration officer who the Attorney General deems spe 8 Sec. 101 (b) (1) (D) and (E) added by sec. 2 of the Act of September 11, 1957 (71 Stat. 639). Sec. 4(a). (b), and (c) of the Act of September 11, 1957 (71 Stat. 643), as amended by sec. 2 of the Act of September 9, 1959 (73 Stat. 490-491) and sec. 7 of the Act of July 14, 1960 (74 Stat. 505), reads as follows: "SEC. 4. (a) On or before June 30, 1961, special nonquota immigrant visas may be issued in accordance with the provisions of subsection (b) of this section to eligible orphans as therein defined who are under fourteen years of age at the time the visa is issued. 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. No natural parent of any such eligible orphan shall thereafter, by virtue of such parentage, be accorded any right, privilege, or status under the Immigration and Nationality Act. "(b) When used in this section, the term 'eligible orphan' shall mean an alien child who (1) 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) has been lawfully adopted abroad by a United States citizen and spouse, or (B) is coming to the United States for adoption by a United States citzen and spouse; and (3) is ineligible for admission into the United States solely because that 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. "Any United States citizen and spouse claiming that any eligible orphan is entitled to a nonquota immigrant status under subsection (a) of this section may file a petition with the Attorney General. The petition shall be in such form and shall contain such information and be supported by such documentary evidence as the Attorney General may by regulations prescribe. The petition shall establish to the satisfaction of the Attorney General that the petitioners will care for such eligible orphan properly if he is admitted to the United States and, if such eligible orphan has not been lawfully adopted abroad, that they will adopt such orphan in the United States and that the preadoption requirements, if any, of the State of such orphan's proposed residence have been met. After an investigation of the facts in each case, the Attorney General shall, if he determines the facts stated in the petition are true and that the petitioning United States citizen and spouse are persons of good moral character, approve the petition and forward one copy thereof to the Department of State. The Secretary of State shall then authorize the consular officer concerned to grant nonquota immigrant status to the beneficiary of such petition after the consular officer has determined that such beneficiary is an eligible orphan as herein defined. "(c) Any visa which has been or shall be issued to an eligible orphan under this section or under any other immigration law to a child lawfully adopted by a United States citizen and spouse while such citizen is serving abroad in the United States Armed Forces, or is employed abroad by the United States Government, or is temporarily abroad on business, shall be valid until such time, for a period not to exceed three years, as the adoptive citizen parent returns to the United States in due course of his service, employment, or business." Also see note 6 on p. 29, 8 U.S.C. 1205. cially qualified to conduct specified classes of proceedings, in whole or in part, required by this Act to be conducted by or before a special inquiry officer and who is designated and selected by the Attorney General, individually or by regulation, to conduct such proceedings. Such special inquiry officer shall be subject to such supervision and shall perform such duties, not inconsistent with this Act, as the Attorney General shall prescribe. (5) The term "adjacent islands" includes Saint Pierre, Miquelon, Cuba, the Dominican Republic, Haiti, Bermuda, the Bahamas, Barbados, Jamaica, the Windward and Leeward Islands, Trinidad, Martinique, and other British, French, and Netherlands territory or possessions in or bordering the Caribbean Sea. (c) As used in title III The term "child" means an unmarried person under twenty-one years of age and includes a child legitimated under the law of the child's residence or domicile, or under the law of the father's residence or domicile, whether in the United States or elsewhere, and, except as otherwise provided in sections 320, 321, 322, and 323 of title III, a child adopted in the United States, if such legitimation or adoption takes place before the child reaches the age of sixteen years, and the child is in the legal custody of the legitimating or adopting parent or parents at the time of such legitimation or adoption. (2) The terms "parent", "father", and "mother" include in the case of a posthumous child a deceased parent, father, and mother. (d) As used in chapter 3 of title III The term "veteran" means a person who served in the armed forces of the United States at any time in an active-duty status during the period from April 21, 1898, to August 12, 1898, or from April 6, 1917, to November 11, 1918, or from December 7, 1941, to December 31, 1946, all dates inclusive, and who was discharged therefrom under honorable conditions. The records of the armed forces shall be conclusive as to type of a discharge and as to whether the conditions under which a discharge was given were honorable. (2) (A) The term "Spanish-American War" relates to the period from April 21, 1898, to August 12, 1898; (B) the term "World War I" relates to the period from April 6, 1917, to November 11, 1918; and (C) the term "World War II" relates to the period from December 7, 1941, to December 31, 1946, all dates inclusive. For the purposes of this Act (1) The giving, loaning, or promising of support or of money or any other thing of value to be used for advocating any doctrine shall constitute the advocating of such doctrine; but nothing in this paragraph shall be construed as an exclusive definition of advocating. |