Page:United States Statutes at Large Volume 104 Part 6.djvu/639

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PUBLIC LAW 101-649—NOV. 29, 1990 104 STAT. 5029 TITLE III—FAMILY UNITY AND TEMPORARY PROTECTED STATUS SEC. 301. FAMILY UNITY. 8 USC 1255a (a) TEMPORARY STAY OF DEPORTATION AND WORK AUT«ORIZATION '^"^^ 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)(l)) as of May 5, 1988, 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 deported or otherwise required to depart from the United States 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)(l) 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 (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 legsilized 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.— Al iens 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, or (2) the alien is described in section 243(h)(2) of the Immigration and Nationality Act. (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.