Page:United States Statutes at Large Volume 104 Part 6.djvu/687

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PUBLIC LAW 101-649—NOV. 29, 1990 104 STAT. 5077 marijuana in the case of an immigrant who is the spouse, parent, son, or daughter of a citizen of the United States or alien lawfully admitted for permanent residence if— "(1) it is established to the satisfaction of the Attorney General that— "(A) the alien is excludable only under subparagraph (D)(i) or (D)(ii) of such subsection or the activities for which the alien is excludable occurred more than 15 years before the date of the alien's application for a visa, entry, or adjustment of status, and "(B) the admission to the United States of such alien would not be contrary to the national welfare, safety, or security of the United States, and "(C) the alien has been rehabilitated; and "(2) the Attorney General, in his discretion, and pursuant to such terms, conditions and procedures as he may by regulations prescribe, has consented to the alien's applying or reapplying for a visa, for admission to the United States, or adjustment of status. No waiver shall be provided under this subsection in the case of an alien who has been convicted of (or who has admitted committing acts that constitute) murder or criminal acts involving torture.". (5) Subsection (i) of such section is amended to read as follows: 8 USC 1182. "(i) The Attorney General may, in his discretion, waive application of clause (i) of subsection (a)(6)(C)— "(1) in the case of an alien who is the spouse, parent, or son or daughter of a United States citizen or of an alien lawfully admitted for permanent residence, or "(2) if the fraud or misrepresentation occurred at least 10 years before the date of the alien's application for a visa, entry, or adjustment of status and it is established to the satisfaction of the Attorney General that the admission to the United States of such alien would not be contrary to the national welfare, safety, or security of the United States.". (6) Subsection (k) of such section is amended by striking "paragraph (14), (20), or (21)" and inserting "paragraph (5)(A) or (7)(A)(i)". (7) Subsection (1) of such section is amended by striking " paragraph (26)(B)" and inserting "paragraph (7)(B)(i)". (e) EFFECTIVE DATE. — (1) Except as provided in paragraph (2), the 8 USC lioi note, amendments made by this section and by section 603(a) of this Act shall apply to individuals entering the United States on or after June 1, 1991. (2) The amendments made by paragraphs (5) and (13) of section 603(a) shall apply to applications for adjustment of status made on or after June 1, 1991. SEC. 602. REVISION OF GROUNDS FOR DEPORTATION. (a) REVISED GROUNDS FOR DEPORTATION.— Subsection (a) of section 241 (8 U.S.C. 1251) is amended to read as follows: "(a) CLASSES OF DEPORTABLE ALIENS.— Any alien (including an alien crewman) in the United States shall, upon the order of the Attorney General, be deported if the alien is deportable as being within one or more of the following classes of aliens: "(1) EXCLUDABLE AT TIME OF ENTRY OR OF ADJUSTMENT OF STATUS OR VIOLATES STATUS.— ,