Sec. 301. FAMILY UNITY
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## SEC. 301 FAMILY UNITY ###
(a)Temporary Stay of Removal18 and Work Authorization for Certain Eligible Immigrants The Attorney General shall provide that in the case of an alien who is an eligible immigrant (as defined in subsection (b)(1)) as of May 5, 1988 (19in the case of a relationship to a legalized alien described in subsection (b)(2)(B) or (b)(2)(C)) or as of December 1, 1988 (in the case of a relationship to a legalized alien described in subsection (b)(2)(A)), who has entered the United States before such date, who resided in the United States on such date, and who is not lawfully admitted for permanent residence, the alien— ####
(1)may not be removed18 or otherwise required to depart from the United States on a ground specified in paragraph (1)(A), (1)(B), (1)(C), (3)(A), of section 241(a) of the Immigration and Nationality Act (other than so much of section 241(a)(1)(A) of such Act as relates to a ground of inadmissibility18 described in paragraph
(2)or
(3)of section 212(a) of such Act),20 and 18This section was amended by section 308(d)(4)(R), (d)(2)(H), and (d)(16) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Pub. L. 104–208; 110 Stat. 3009–639–641) by striking the term “**exclusion**” and inserting “inadmissibility”; by striking the term “**deported**” and inserting “removed”; and by striking “Deportation” and inserting “Removal”. Effective, under section 309(a) of such Act “the amendments made by this subtitle [subtitle A of title III] shall take effect on the first day of the first month beginning more than 180 days after the date of enactment of this Act [April 1, 1997]”. 19The phrase beginning “(in the case” and ending with “(b)(2)(A))” was inserted by §206(a) of the Immigration and Nationality Technical Corrections Act of 1994 (P.L. 103–416, 108 Stat. 4311, Oct. 25, 1994), effective as of October 1, 1991, under §206(b) of that Act. 20§603(a)(23) of the Immigration Act of 1990 (P.L. 101–649, Nov. 29, 1990, 104 Stat. 5084) struck “on a ground specified in paragraph (1), (2), (5), (9), or
(12)of section 241(a) of the Immigration and Nationality Act (other than so much of section 241(a)(1) of such Act as relates to a ground of exclusion described in paragraph (9), (10), (23), (27), (28), (29), or
(33)of section 212(a) of such Act)” and inserted “on a ground specified in paragraph (1)(A), (1)(B), (1)(C), (3)(A), of section 241(a) of the Immigration and Nationality Act (other than so much of section 241(a)(1)(A) of such Act as relates to a ground of exclusion described in paragraph
(2)or
(3)of section 212(a) of such Act)”. ####
(2)shall be granted authorization to engage in employment in the United States and be provided an “employment authorized” endorsement or other appropriate work permit. ###
(b)Eligible Immigrant and Legalized Alien Defined In this section: ####
(1)The term “**eligible immigrant**” means a qualified immigrant who is the spouse or unmarried child of a legalized alien. ####
(2)The term “**legalized alien**” means an alien lawfully admitted for temporary or permanent residence who was provided— #####
(A)temporary or permanent residence status under section 210 of the Immigration and Nationality Act, #####
(B)temporary or permanent residence status under section 245A of the Immigration and Nationality Act, or #####
(C)permanent residence status under section 202 of the Immigration Reform and Control Act of 1986. ###
(c)Application of Definitions 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. ###
(d)Temporary Disqualification From Certain Public Welfare Assistance Aliens provided the benefits of this section by virtue of their relation to a legalized alien described in subsection (b)(2)(A) or (b)(2)(B) shall be ineligible for public welfare assistance in the same manner and for the same period as the legalized alien is ineligible for such assistance under section 245A(h) or 210(f), respectively, of the Immigration and Nationality Act. ###
(e)Exception for Certain Aliens An alien is not eligible for the benefits of this section if the Attorney General finds that— ####
(1)the alien has been convicted of a felony or 3 or more misdemeanors in the United States, ####
(2)the alien is described in section 208(b)(2)(A)21 of the Immigration and Nationality Act, or 21This section was amended by section 308(g)(7)(D)(ii) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Pub. L. 104–208; 110 Stat. 3009–644) by striking the “243(h)(2)” and inserting “208(b)(2)(A)”. Effective, under section 309(a) of such Act “the amendments made by this subtitle [subtitle A of title III] shall take effect on the first day of the first month beginning more than 180 days after the date of enactment of this Act [April 1, 1997]”. ####
(3)has committed an act of juvenile delinquency which if committed by an adult would be classified as— #####
(A)a felony crime of violence that has an element the use or attempted use of physical force against another individual, or #####
(B)a felony offense that by its nature involves a substantial risk that physical force against another individual may be used in the course of committing the offense. ###
(f)Construction Nothing in this section shall be construed as authorizing an alien to apply for admission to, or to be admitted to, the United States in order to obtain benefits under this section.22 22§304(c) of the Miscellaneous and Technical Immigration and Naturalization Amendments of 1991 (P.L. 102–232, Dec. 12, 1991, 105 Stat. 1749), shown in footnote 171 to section 244A(f)(3) of the INA, provides special rules for the inspection and readmission of aliens who are provided benefits under this section and who are authorized to travel abroad temporarily. ###
(g)Effective Date This section shall take effect on October 1, 1991; except that the delay in effectiveness of this section shall not be construed as reflecting a Congressional belief that the existing family fairness program should be modified in any way before such date.
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- Pub. L. 104-208
- 108 Stat. 4311
- 104 Stat. 5084
- 105 Stat. 1749
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Sec. 301
FAMILY UNITY
Pub. L.Pub. L. 104-208
Stat.108 Stat. 4311
Stat.104 Stat. 5084
Stat.105 Stat. 1749
Cites 5Cited by 0 across 0 sources