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1153, note.

[Note 5. Sections 4 and 6 of the Act of Septem- 8U.S.C. ber 22, 1959 (73 Stat. 644–645), provide as follows:

"Sec. 4. Any alien who (1) is registered on a consular waiting list pursuant to section 203 (c) of the Immigration and Nationality Act (66 Stat. 179) under a priority date earlier than December 31, 1953, and (2) is eligible for a quota immigrant status under the provisions of section 203(a) (2), (3), or (4) of such Act on the basis of a petition approved by the Attorney General prior to January 1, 1959, and the spouse and the children of such alien, shall be held to be nonquota immigrants and, if otherwise admissible under the provisions of the Immigration and Nationality Act, shall be issued nonquota immigrant visas: Provided, That, upon his application for an immigrant visa, and for his admission into the United States, the alien is found to have retained his relationship to the petitioner, and status, as established in the approved petition.

1971a, 1971g.

"Sec. 6. Notwithstanding the provisions of sections 50 U.S.C. app. 3 and 20 of the Refugee Relief Act of 1953, as amended, special nonquota immigrant visas may be issued to aliens eligible to enter the United States for permanent residence under all the applicable provisions of the Immigration and Nationality Act: Provided, That each such alien is found to be the beneficiary of a visa petition approved by the Attorney General pursuant to section 203 (a) (2) and (3) and section 205 of the Immigration and Nationality Act prior to January 1, 1959, and such petition was filed by a person lawfully admitted into the United States under the provisions of the Refugee Relief Act of 1953, as amended: Provided further, That, upon his application for an immigrant visa, and for his admission into the United States, the alien is found to have retained his relationship to the petitioner, and status, as established in the approved petition."]

[Note 6. Section 5(c) of the Act of September 22, 8 U.S.C. 1959 (73 Stat. 645), reads as follows:

"(c) Aliens who have been granted a preference under paragraph (4) of section 203 (a) of the Immigration and Nationality Act pursuant to petition

"(3) The remaining 20 per centum of the quota for each quota area for such year, plus any portion of such quota not required for the issuance of immigrant visas to the classes specified in paragraphs (1) and (2), shall be made available for the issuance of immigrant visas to qualified quota immigrants who are the spouses or the children of aliens lawfully admitted for permanent residence.

"(4) Any portion of the quota for each quota area for such year not required for the issuance of immigrant visas to the classes specified in paragraphs (1), (2), and (3) shall be made available for the issuance of immigrant visas to other qualified quota immigrants chargeable to such quota. Qualified quota immigrants of each quota area who are the brothers, sisters, sons, or daughters of citizens of the United States shall be entitled to a preference of not exceeding 25 per centum of the immigrant visas available for issuance for each quota area under this paragraph."

60939-60- -3

1155 (f).

8 U.S.C. 1154.

heretofore approved by the Attorney General on the ground that they are the adopted sons or adopted daughters of United States citizens shall remain in that status notwithstanding the provisions of section 1 15 of this Act, unless they acquire a different immigrant status pursuant to a petition hereafter approved by the Attorney General."]

(b) Quota immigrant visas issued pursuant to paragraph (1) of subsection (a) shall, in the case of each quota area, be issued to eligible quota immigrants in the order in which a petition on behalf of each such immigrant is filed with the Attorney General as provided in section 204; and shall be issued in the first calendar month after receipt of notice of approval of such petition in which a quota number is available for an immigrant chargeable to such quota area.

(c) Quota immigrant visas issued to aliens in the classes designated in paragraphs (2), (3), and (4) of subsection (a) shall, in the case of each quota, be issued to qualified quota immigrants strictly in the chronological order in which such immigrants are registered in each class on quota waiting lists which shall be maintained for each quota in accordance with regulations prescribed by the Secretary of State.

(d) In determining the order for consideration of applications for quota immigrant visas under subsection (a), consideration shall be given first to applications under paragraph (1), second to applications under paragraph (2), third to applications under paragraph (3), and fourth to applications under paragraph (4).

(e) Every immigrant shall be presumed to be a quota immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and to the immigration officers, at the time of application for admission, that he is a nonquota immigrant. Every quota immigrant shall be presumed to be a nonpreference quota immigrant until he establishes to the satisfaction of the consular officer and the immigration officers that he is entitled to a preference quota status under paragraph (1), (2), or (3) of subsection (a) or to a preference under paragraph (4) of such subsection.

PROCEDURE FOR GRANTING IMMIGRANT STATUS UNDER SEC-
TION 101 (a) (27) (F) (i) OR SECTION 203 (a) (1) (A)

SEC. 204. (a) In the case of any alien claiming in his application for an immigrant visa to be entitled to an immigrant status under section 101(a) (27) (F) (i) or section 203 (a) (1) (A), the consular officer shall not grant such status until he has been authorized to do so as provided in this section.

15 Cf. amended sec. 203 (a) (2).

(b) Any person, institution, firm, organization, or governmental agency desiring to have an alien classified as an immigrant under section 101 (a) (27) (F) (i) or section 203 (a) (1) (A) shall file a petition with the Attorney General for such classification of the alien. The petition shall be in such form as the Attorney General may by regulations prescribe and shall state the basis for the need of the services of such alien and contain such additional information and be supported by such documentary evidence as may be required by the Attorney General. The petition shall be made under oath administered by any individual having authority to administer oaths, if executed in the United States, but, if executed outside the United States, administered by a consular officer.

(c) After an investigation of the facts in each case, and after consultation with appropriate agencies of the Government, the Attorney General shall, if he determines that the facts stated in the petition are true and that the alien in respect of whom the petition is made is eligible for an immigrant status under section 101 (a) (27) (F) (i) or section 203(a) (1) (A), 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 such immigrant status.

(d) Nothing in this section shall be construed to entitle an immigrant, in respect of whom a petition under this section is approved, to enter the United States as an immigrant under section 101 (a) (27) (F) (i) or section 203 (a) (1) (A) if upon his arrival at a port of entry in the United States he is found not to be entitled to such classification.

PROCEDURE FOR GRANTING NONQUOTA STATUS OR PREFERENCE

BY REASON OF RELATIONSHIP

SEC. 205. (a) In the case of any alien claiming in his 8 U.S.C. 1155. application for an immigrant visa to be entitled to a nonquota immigrant status under section 101 (a) (27) (A), or to a quota immigrant status under section 203 (a) (2) or 203 (a) (3), or to a preference under section 203 (a) (4), the consular officer shall not grant such status or preference until he has been authorized to do so as provided in this section.

(b) Any citizen of the United States claiming that any immigrant is his spouse or child and that such immigrant is entitled to a non-quota immigrant status under section 101 (a) (27) (A), or any citizen of the United States claiming that any immigrant is his parent or unmarried son or unmarried daughter and that such immigrant is entitled to a quota immigrant status under section 203 (a) (2), or any alien lawfully admitted for permanent residence claiming that any immigrant is his spouse or his unmarried son or his unmarried daughter

and that such immigrant is entitled to a quota immigrant status under section 203 (a) (3), or any citizen of the United States claiming that any immigrant is his brother or sister or his married son or his married daughter and that such immigrant is entitled to a preference under section 203 (a) (4) may file a petition with the Attorney General. No petition for quota immigrant status or a preference in behalf of a son or daughter under paragraphs (2), (3), or (4) of section 203 (a) of the Immigration and Nationality Act shall be approved by the Attorney General unless the petitioner establishes that he is a parent as defined in section 101 (b) (2) of the Immigration and Nationality Act of the alien in respect to whom the petition is made. 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 be made under oath administered by any individual having authority to administer oaths, if executed in the United States, but, if executed outside the United States, administered by a consular officer.

(c) 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 alien in respect of whom the petition is made is eligible for a nonquota immigrant status under section 101 (a) (27) (A), or for a quota immigrant status under section 203 (a) (2) (a) (3), or for a preference under section 203 (a) (4), 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 the nonquota immigrant status, quota immigrant status, or preference, as the case may be. Not more than two such petitions may be approved for one petitioner in behalf of a child as defined in section 101 (b) (1) (E), unless necessary to prevent the separation of brothers and sisters.16

16 Prior to amendment by sec. 5(a) and (b) of the Act of September 22, 1959 (73 Stat. 645), subsecs. (b) and (c) read as follows:

"(b) Any citizen of the United States claiming that any immigrant is his spouse or child and that such immigrant is entitled to a nonquota immigrant status under section 101 (a) (27) (A), or any citizen of the United States claiming that any immigrant is his parent and that such immigrant is entitled to a quota immigrant status under section 203 (a)(2), or any alien lawfully admitted for permanent residence claiming that any immigrant is his spouse or child and that such immigrant is entitled to a quota Immigrant status under section 203 (a)(3), or any citizen of the United States claiming that any immigrant is his brother, sister, son, or daughter and that such immigrant is entitled to a preference under section 203(a) (4) 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 be made under oath administered by any Individual having authority to administer oaths, if executed in the United States, but, if executed outside the United States, administered by a consular officer.

"(c) 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 alien in respect of whom the petition is made is eligible for a nonquota immigrant status under section 101 (a) (27) (A), or for a quota immigrant status under section 203 (a)(2) or 203 (a) (3), or for a preference under section 203(a)(4), approve the petition and forward

(d) Nothing in this section shall be construed to entitle an immigrant, in respect of whom a petition under this section is approved, to enter the United States as a nonquota immigrant under section 101 (a) (27) (A) if upon his arrival at a port of entry in the United States he is found not to be entitled to such classification, or to enter the United States as a quota immigrant under section 203 (a) (2) or 203 (a) (3) if upon his arrival at a port of entry in the United States he is found not to be entitled to such classification, or to enter the United States as a preference quota immigrant under section 203 (a) (4) if upon his arrival at a port of entry in the United States he is found not to be entitled to such preference.

REVOCATION OF APPROVAL OF PETITIONS

SEC. 206. The Attorney General may, at any time, for 8 U.S.C. 1156. what he deems to be good and sufficient cause, revoke the approval of any petition approved by him under section 204, section 205, or section 214 (c) of this title. Such revocation shall be effective as of the date of approval of any such petition. In no case, however, shall such revocation have effect unless there is mailed to the petitioner's last known address a notice of the revocation and unless notice of the revocation is communicated through the Secretary of State to the beneficiary of the petition before such beneficiary commences his journey to the United States. If notice of revocation is not so given, and the beneficiary applies for admission to the United States, his admissibility shall be determined in the manner provided for by sections 235 and 236.

UNUSED QUOTA IMMIGRANT VISAS

SEC. 207. If a quota immigrant having an immigrant 8 U.S.C. 1157. visa is excluded from admission to the United States and deported, or does not apply for admission to the United States before the expiration of the validity of the immigrant visa, or if an alien having an immigrant visa issued to him as a quota immigrant is found not to be a quota immigrant, no immigrant visa shall be issued in lieu thereof to any other immigrant.

CHAPTER 2-QUALIFICATIONS FOR ADMISSION OF ALIENS;
TRAVEL CONTROL OF CITIZENS AND ALIENS

DOCUMENTARY REQUIREMENTS

SEC. 211. (a) No immigrant shall be admitted into the 8U.S.C. 1181. United States unless at the time of application for admis

one copy thereof to the Department of State. The Secretary of State shall then authorize the consular officer concerned to grant the nonquota immigrant status, quota immigrant status, or preference, as the case may be."

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