84 STAT. ]
PUBLIC LAW 91-225-APR. 7, 1970
117
the alien was engaged, shall be eligible to apply for an immigrant visa, or for permanent residence, or for a nonimmigrant visa under section 101(a) (15)(H) or section 101(a) (15)(L) until it is estab- Ante.^. iie. lished that such person has resided and been physically present in the country of his nationality or his last residence for an aggregate of a least two years following departure from the United States: Provided, That upon the favorable recommendation of the Secretary of State, pursuant to the request of an interested United States Government agency, or of the Commissioner of Immigration and Naturaliza tion after he has determined that departure from the United States would impose exceptional hardship upon the alien's spouse or child (if such spouse or child is a citizen of the United States or a lawfully resident alien), or that the alien cannot return to the country of his nationality or last residence because he would be subject to persecution on account of race, religion, or political opinion, the Attorney General may waive the requirement of such two-year for e i ^ residence abroad in the case of any alien whose admission to the United States is found by the Attorney General to be in the public interest: And provided ftorther, That the Attorney General may, upon the favorable recom- waiver. mendation of the Secretary of State, waive such two-year foreign residence requirement in any case in which the foreign country of the alien's nationality or last residence has furnished the Secretary of State a statement in writing that it has no objection to such waiver in the case of such alien." SEC. 3. (a) Section 214(c) of the Immigration and Nationality Act (8 U.S.C. 1184(c)) is amended by inserting after "101(a) (15)(H) " 66 Stat. 189. the language "or (L) ". (b) Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184) is amended by adding at the end thereof the following new subsection: " (d) A visa shall not be issued under the provisions of section 101(a) (15)(K) until the consular officer has received a petition filed in the United States by the fiancee or fiance of the applying alien and approved by the Attorney General. The petition shall be in such form and contain such information as the Attorney General shall, by regulation, prescribe. I t shall be approved only after satisfactory evidence is submitted by the petitioner to establish that the parties have a bona fide intention to marry and are legally able and actually willing to conclude a valid marriage in the United States within a period of ninety days after the alien's arrival. I n the event the marriage with the petitioner does not occur within three months after the entry of the said alien and minor children, they shall be required to depart from the United States and upon failure to do so shall be deported in accordance with sections 242 and 243. I n the event the marriage 21^2 ^^'"' ^^^' between the said alien and the petitioner shall occur within three 8 USC 1252, months after the entry and they are found otherwise admissible, the 1253. Attorney General shall record the lawful admission for permanent residence of the alien and minor children as of the date of the payment of the required visa fees." Approved April 7, 1970.
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