Page:United States Statutes at Large Volume 104 Part 6.djvu/681

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PUBLIC LAW 101-649—NOV. 29, 1990 104 STAT. 5071 "(iii) EXCEPTION FOR OTHER ALIENS. —An alien, not described in clause (ii), shall not be excludable or subject to restrictions or conditions on entry into the United States under clause (i) because of the alien's past, current, or expected beliefs, statements, or associations, if such beliefs, statements, or associations would be lawful within the United States, unless the Secretary of State personally determines that the alien's admission would compromise a compelling United States foreign policy interest. " (iv) NOTIFICATION OF DETERMINATIONS.— I f a determination is made under clause (iii) with respect to an alien, the Secretary of State must notify on a timely basis the chairmen of the Committees on the Judiciary and Foreign Affairs of the House of Representatives and of the Committees on the Judiciary and Foreign Relations of the Senate of the identities of the alien and the reasons for the determination. ' (D) IMMIGRANT MEMBERSHIP IN TOTAUTARIAN PARTY. — "(i) IN GENERAL.—Any immigrant who is or has been a member of or affiliated with the Communist or any other totalitarian party (or subdivision or affiliate thereof), domestic or foreign, is excludable. "(ii) EXCEPTION FOR INVOLUNTARY MEMBERSHIP. — Clause (i) shall not apply to an alien because of membership or affiliation if the alien establishes to the satisfaction of the consular officer when applying for a visa (or to the satisfaction of the Attorney General when applying for admission) that the membership or affiliation is or was involuntary, or is or was solely when under 16 years of age, by operation of law, or for purposes of obtaining employment, food rations, or other essentials of living and whether necessary for such purposes. "(iii) EXCEPTION FOR PAST MEMBERSHIP. —Clause (i) shall not apply to an alien because of membership or affiliation if the alien establishes to the satisfaction of the consular officer when applying for a visa (or to the satisfaction of the Attorney General when applying for admission) that— "(I) the membership or affiliation terminated at least— "(a) 2 years before the date of such application, or "(b) 5 years before the date of such application, in the case of an alien whose membership or affiliation was with the party controlling the government of a foreign state that is a totalitarian dictatorship as of such date, and "(II) the alien is not a threat to the security of the United States, " (iv) EXCEPTION FOR CLOSE FAMILY MEMBERS. —The Attorney General may, in the Attorney General's discretion, waive the application of clause (i) in the case of an immigrant who is the parent, spouse, son, daughter, brother, or sister of a citizen of the United States or a spouse, son, or daughter of an alien lawfully admitted