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Code · STATUTE-COMPILATIONS · Immigration Act of 1990 · Sec. 161

Sec. 161. EFFECTIVE DATES

1,049 words·~5 min read·/statute-compilations/comps-1374/sec-161

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## SEC. 161 EFFECTIVE DATES ###
(a)In General Except as otherwise provided in this title, this title and the amendments made by this title shall take effect on October 1, 1991, and apply beginning with fiscal year 1992. ###
(b)Provisions Taking Effect Upon Enactment The following sections (and amendments made by such sections) shall take effect on the date of the enactment of this Act and (unless otherwise provided) apply to fiscal year 1991: ####
(1)Section 103 (relating to per country limitation for Hong Kong). ####
(2)Section 104 (relating to asylee adjustments). ####
(3)Section 124 (relating to transition for employees of certain U.S. businesses in Hong Kong). ####
(4)Section 133 (relating to one-year diversity transition for aliens who have been notified of availability of NP–5 visas). ####
(5)Section 134 (relating to transition for displaced Tibetans). ####
(6)Section 153 (relating to special immigrants who are dependent on a juvenile court). ####
(7)Section 154 (permitting extension of validity of visas for certain residents of Hong Kong). ####
(8)Section 155 (relating to expedited issuance of Lebanese second and fifth preference visas). ####
(9)Section 162(b) (relating to immigrant visa petitioning process), but only insofar as such section relates to visas for fiscal years beginning with fiscal year 1992. ###
(c)General Transitions #### (1)12 In the case of a petition filed under section 204(a) of the Immigration and Nationality Act before October 1, 1991, for preference status under section 203(a)(3) or section 203(a)(6) of such Act (as in effect before such date)13— 12This paragraph was amended by §302(e)(2) of the Miscellaneous and Technical Immigration and Naturalization Amendments of 1991 (P.L. 102–232, Dec. 12, 1991, 105 Stat. 1745), effective as if included in the enactment of the Immigration Act of 1990. 13§218(1) of the Immigration and Nationality Technical Corrections Act of 1994 (P.L. 103–416, 108 Stat. 4316, Oct. 25, 1994), struck “or an application for labor certification before such date under section 212(a)(14)”. #####
(A)in order to maintain the priority date with respect to such a petition14, the petitioner must file (by not later than October 1, 1993) a new petition for classification of the employment under paragraph (1), (2), or
(3)of section 203(b) of such Act (as amended by this title), and 14§218(2) of the Immigration and Nationality Technical Corrections Act of 1994 (P.L. 103–416, 108 Stat. 4316, Oct. 25, 1994), struck “or application” after “such a petition”, and struck “, or 60 days after the date of certification in the case of labor certifications filed in support of the petition under section 212(a)(14) of such Act before October 1, 1991, but not certified until after October 1, 1993” after “October 1, 1993”. #####
(B)any labor certification under section 212(a)(5)(A) of such Act required with respect to the new petition shall be deemed approved if the labor certification with respect to the previous petition was previously approved under section 212(a)(14) of such Act. In the case of a petition filed under section 204(a) of such Act before October 1, 1991, but which is not described in paragraph (4), and for which a filing fee was paid, any additional filing fee shall not exceed one-half of the fee for the filing of the new petition referred to in subparagraph (A). ####
(2)Any petition filed under section 204(a) of the Immigration and Nationality Act before October 1, 1991, for preference status under section 203(a)(4) or section 203(a)(5) of such Act (as in effect before such date) shall be deemed, as of such date, to be a petition filed under such section for preference status under section 203(a)(3) or section 203(a)(4), respectively, of such Act (as amended by this title). #### (3)15 In the case of an alien who is described in section 203(a)(8) of the Immigration and Nationality Act (as in effect before October 1, 1991) as the spouse or child of an alien admitted for permanent residence as a preference immigrant under section 203(a)(3) or 203(a)(6) of such Act (as in effect before such date) and who would be entitled to enter the United States under such section 203(a)(8) but for the amendments made by this title, such an alien shall be deemed to be described in section 203(d) of such Act as the spouse or child of an alien described in section 203(b)(2) or 203(b)(3)(A)(i), respectively, of such Act with the same priority date as that of the principal alien. 15Paragraphs
(3)and
(4)were added by §4 of the Armed Forces Immigration Adjustment Act of 1991 (P.L. 102–110, Oct. 1, 1991, 105 Stat. 557), effective as if included in the Immigration Act of 1990, and paragraph
(3)was amended by §219(aa) of the Immigration and Nationality Technical Corrections Act of 1994 (P.L. 103–416, 108 Stat. 4319, Oct. 25, 1994), effective as if included in section 4 of Public Law 102–110. ####
(4)#####
(A)Subject to subparagraph (B), any petition filed before October 1, 1991, and approved on any date, to accord status under section 203(a)(3) or 203(a)(6) of the Immigration and Nationality Act (as in effect before such date) shall be deemed, on and after October 1, 1991 (or, if later, the date of such approval), to be a petition approved to accord status under section 203(b)(2) or under the appropriate classification under section 203(b)(3), respectively, of such Act (as in effect on and after such date). Nothing in this subparagraph shall be construed as exempting the beneficiaries of such petitions from the numerical limitations under section 203(b)(2) or 203(b)(3) of such Act. #####
(B)Subparagraph
(A)shall not apply more than two years after the date the priority date for issuance of a visa on the basis of such a petition has been reached. ###
(d)Admissibility Standards When an immigrant, in possession of an unexpired immigrant visa issued before October 1, 1991, makes application for admission, the immigrant's admissibility under paragraph (7)(A) of section 212(a) of the Immigration and Nationality Act shall be determined under the provisions of law in effect on the date of the issuance of such visa. ###
(e)Construction Nothing in this title shall be construed as affecting the provisions of section 19 of Public Law 97–116, section 2(c)(1) of Public Law 97–271, or section 202(e) of Public Law 99–603.
Connections8 off-index
8 references not yet in our index
  • 105 Stat. 1745
  • 108 Stat. 4316
  • 105 Stat. 557
  • 108 Stat. 4319
  • Pub. L. 102-110
  • Pub. L. 97-116
  • Pub. L. 97-271
  • Pub. L. 99-603
Citation graph
cites case law
Sec. 161
EFFECTIVE DATES
Stat.105 Stat. 1745
Stat.108 Stat. 4316
Stat.105 Stat. 557
Stat.108 Stat. 4319
Pub. L.Pub. L. 102-110
Cites 8 · showing 5Cited by 0 across 0 sources
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