Sec. 584. AMERASIAN IMMIGRATION

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## SEC. 584 AMERASIAN IMMIGRATION **[**[8 U.S.C. 1101 note](/us/usc/t8/s1101)**]** ###

(a)####

(1)Notwithstanding any numerical limitations specified in the Immigration and Nationality Act, the Attorney General may admit aliens described in subsection

(b)to the United States as immigrants if— #####

(A)they are admissible (except as otherwise provided in paragraph (2)) as immigrants, and #####

(B)they are issued an immigrant visa and depart from Vietnam on or after March 22, 1988.2 2§584(a)(1)(B) was amended by the 10th proviso under Migration and Refugee Assistance in title II of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 (P.L. 101–167, 103 Stat. 1211, Nov. 21, 1989), to extend the period from March 21, 1990, to September 30, 1990, and was further amended by the 9th proviso under Migration and Refugee Assistance in title II of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991, Pub. L. 101–513, Nov. 5, 1990, 104 Stat. 1996) to extend the period indefinitely. ####

(2)The provisions of paragraphs (4), (5), and (7)(A)3 of section 212(a) of the Immigration and Nationality Act shall not be applicable to any alien seeking admission to the United States under this section, and the Attorney General on the recommendation of a consular officer may waive any other provision of such section (other than paragraph (2)(C) or subparagraph (A), (B), (C), or

(E)of paragraph (3))3 with respect to such an alien for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest. Any such waiver by the Attorney General shall be in writing and shall be granted only on an individual basis following an investigation by a consular officer. 3§603(a)(20) of the Immigration Act of 1990 (P.L. 101–649, Nov. 29, 1990, 104 Stat. 5084) substituted a reference to paragraphs “(4), (5), and (7)(A)” for a reference to paragraphs “(14), (15), (20), (21), (25), and

(32)” and struck “(other than paragraph (27), (29), or

(33)and other than so much of paragraph

(23)as relates to trafficking in narcotics)” and inserted “(other than paragraph (2)(C) or subparagraph (A), (B), (C), or

(D)of paragraph (3))”. This was further amended by §307(l)(8) of the Miscellaneous and Technical Immigration and Naturalization Amendments of 1991 (P.L. 102–232, Dec. 12, 1991, 105 Stat. 1757) by substituting “(E)” for “(D)”. ####

(3)Notwithstanding section 221(c) of the Immigration and Nationality Act, immigrant visas issued to aliens under this section shall be valid for a period of one year.4 4§584(a)(3) was amended by the 6th proviso under Migration and Refugee Assistance in title II of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 (P.L. 101–167, 103 Stat. 1211, Nov. 21, 1989), to extend the period of validity of visas from 8 months to 1 year. ###

(b)####

(1)An alien described in this section is an alien who, as of the date of the enactment of this Act, is residing in Vietnam and who establishes to the satisfaction of a consular officer or an officer of the Immigration and Naturalization Service after a face-to-face interview, that the alien— #####

(A)######

(i)was born in Vietnam after January 1, 1962, and before January 1, 1976, and

(ii)was fathered by a citizen of the United States (such an alien in this section referred to as a “principal alien”); #####

(B)is the spouse or child of a principal alien and is accompanying, or following to join, the principal alien; or #####

(C)subject to paragraph (2), either

(i)is the principal alien's natural mother (or is the spouse or child of such mother), or

(ii)has acted in effect as the principal alien's mother, father, or next-of-kin (or is the spouse or child of such an alien), and is accompanying, or following to join, the principal alien. ####

(2)An immigrant visa may not be issued to an alien under paragraph (1)(C) unless5 the officer referred to in paragraph

(1)has determined, in the officer's discretion, that

(A)such an alien has a bona fide relationship with the principal alien similar to that which exists between close family members, and

(B)the admission of such an alien is necessary for humanitarian purposes or to assure family unity. If an alien described in paragraph (1)(C)(ii) is admitted to the United States, the natural mother of the principal alien involved shall not, thereafter, be accorded any right, privilege, or status under the Immigration and Nationality Act by virtue of such parentage. 5The 11th proviso under Migration and Refugee Assistance in title II of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 (P.L. 101–513, Nov. 5, 1990, 104 Stat. 1996), struck “the principal alien involved is unmarried and”, which appeared after “unless”, effective as of December 22, 1987. ####

(3)For purposes of this section, the term “**child**” has the meaning given such term in section 101(b)(1)(A), (B), (C), (D), and

(E)of the Immigration and Nationality Act. ### (c)6 Any alien admitted (or awaiting admission) to the United States under this section shall be eligible for benefits under chapter 2 of title IV of the Immigration and Nationality Act to the same extent as individuals admitted (or awaiting admission) to the United States under section 207 of such Act are eligible for benefits under such chapter. 6The 9th proviso under Migration and Refugee Assistance, Department of State, in title II of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1989 (Pub. L. 100–461, Oct. 1, 1988, 102 Stat. 2268–15) provides that “the provisions of subsection

(c)of section 584 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988, as contained in section 101(e) of Public Law 100–202, shall apply to an individual who

(1)departs from Vietnam after the date of the enactment of this Act **[**viz., October 1, 1988**]**, and

(2)is described in subsection

(b)of such section, but who is issued an immigrant visa under section 201(b) or 203(a) of the Immigration and Nationality Act (rather than under subsection

(a)of such section), or would be described in subsection

(b)of such section if such section also applied to principal aliens who were citizens of the United States (rather than merely to aliens)”. The 11th proviso under Migration and Refugee Assistance in title II of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 (P.L. 101–167, 103 Stat. 1211, Nov. 21, 1989), as amended by chapter III of the Dire Emergency Supplemental Appropriations for Disaster Assistance, Food Stamps, Unemployment Compensation Administration, and Other Urgent Needs, and Transfers, and Reducing Funds Budgeted for Military Spending Act of 1991 (Pub. L. 101–302, May 25, 1990, 104 Stat. 228) struck “2-year period”**[**sic**]** and inserted “period” and the 9th proviso under Migration and Refugee Assistance in title II of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990, Pub. L. 101–513, Nov. 5, 1990, 104 Stat. 1996) struck out any limitation on the period of departure from Vietnam. ###

(d)The Attorney General, in cooperation with the Secretary of State, shall report to Congress 1 year, 2 years, and 3 years, after the date of the enactment of this Act on the implementation of this section. Each such report shall include the number of aliens who are issued immigrant visas and who are admitted to the United States under this section and number of waivers granted under subsection (a)(2) and the reasons for granting such waivers. ###

(e)Except as otherwise specifically provided in this section, the definitions contained in the Immigration and Nationality Act shall apply in the administration of this section and nothing contained in this section shall be held to repeal, amend, alter, modify, effect, or restrict the powers, duties, functions, or authority of the Attorney General in the administration and enforcement of such Act or any other law relating to immigration, nationality, or naturalization. The fact that an alien may be eligible to be granted the status of having been lawfully admitted for permanent residence under this section shall not preclude the alien from seeking such status under any other provision of law for which the alien may be eligible. * * * * * * * # TITLE I AGRICULTURAL PROGRAMS * * * * * * * Commodity Credit CorporationOPERATING EXPENSES7 7 Rural Development, Agriculture, and Related Agencies Appropriation Act, 1988, P.L. 100–202, 101 Stat. 1329–335, Dec. 22, 1987. *Provided further, *That notwithstanding any other provision of law, the Commodity Credit Corporation shall pay an interest penalty, determined on the basis of the provisions of the Prompt Payment Act (31 U.S.C. 3901 et seq.), on the amount of all payments and price support loans which the Commodity Credit Corporation is obligated to make if payment is not made by the required payment date. This provision shall be applicable to all such payments for obligations incurred after January 1, 1988. # TITLE VI GENERAL PROVISIONS * * * * * * *

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