Page:United States Statutes at Large Volume 104 Part 6.djvu/591

This page needs to be proofread.


PUBLIC LAW 101-649—NOV. 29, 1990 104 STAT. 4981 "WORLDWIDE LEVEL OF IMMIGRATION "SEC. 201. (a) IN GENERAL. —Exclusive of aliens described in subsection (b), aliens born in a foreign state or dependent area who may be issued immigrant visas or who may otherwise acquire the status of an alien lawfully admitted to the United States for permanent residence are limited to— "(1) family-sponsored immigrants described in section 203(a) (or who are admitted under section 211(a) on the basis of a prior issuance of a visa to their accompanying parent under section 203(a)) in a number not to exceed in any fiscal year the number specified in subsection (c) for that year, and not to exceed in any of the first 3 quarters of any fiscal year 27 percent of the worldwide level under such subsection for all of such fiscal year; "(2) employment-based immigrants described in section 203(b) (or who are admitted under section 211(a) on the basis of a prior issuance of a visa to their accompanying parent under section 203(b)), in a number not to exceed in any fiscal year the number x specified in subsection (d) for that year, and not to exceed in any of the first 3 quarters of any fiscal year 27 percent of the worldwide level under such subsection for all of such fiscal year; and "(3) for fiscal years beginning with fiscal year 1995, diversity immigrants described in section 203(c) (or who are admitted under section 211(a) on the basis of a prior issuance of a visa to their accompanying parent under section 203(c)) in a number not to exceed in any fiscal year the number specified in subsection (e) for that year, and not to exceed in any of the first 3 quarters of any fiscal year 27 percent of the worldwide level under such subsection for all of such fiscal year. "(b) ALIENS NOT SUBJECT TO DIRECT NUMERICAL LIMITATIONS.— Aliens described in this subsection, who are not subject to the worldwide levels or numerical limitations of subsection (a), are as follows: "(I)(A) Special immigrants described in subparagraph (A) or (B) of section 101(a)(27). "(B) Aliens who are admitted under section 207 or whose ,i status is adjusted under section 209. "(C) Aliens whose status is adjusted to permanent residence under section 210, 210A, or 245A. "(D) Aliens whose deportation is suspended under section 244(a). "(E) Aliens provided permanent resident status under section 249. " (2)(A)(i) IMMEDIATE RELATIVES. — For purposes of this subsection, the term 'immediate relatives' means the children, spouses, and parents of a citizen of the United States, except that, in the case of parents, such citizens shall be at least 21 years of age. In the Case of an alien who was the spouse of a

  • citizen of the United States for at least 2 years at the time of the

citizen's death and was not legally separated from the citizen at the time of the citizen's death, the alien shall be considered, for ^^ purposes of this subsection, to remain an immediate relative after the date of the citizen's death but only if the spouse files a petition under section 204(a)(l)(A) within 2 years after such date and only until the date the spouse remarries.