Page:United States Statutes at Large Volume 104 Part 6.djvu/696

This page needs to be proofread.


104 STAT. 5086 PUBLIC LAW 101-649—NOV. 29, 1990 child, including information regarding the whereabouts of such spouse or child.". 8 USC 1186a (b) EFFECTIVE DATE.— The amendments made by subsection (a) shall apply with respect to marriages entered into before, on, or after the date of the enactment of this Act. note. SEC. 702. BONA FIDE MARRIAGE EXCEPTION TO FOREIGN RESIDENCE REQUIREMENT FOR MARRIAGES ENTERED INTO DURING CER- TAIN IMMIGRATION PROCEEDINGS. (a) IN GENERAL.— Section 245(e) (8 U.S.C. 1255(e)) is amended— (1) in paragraph (1), by striking "An alien" and inserting "Except as provided in paragraph (3), an alien", and (2) by adding at the end the following new paragraph: "(3) Paragraph (1) and section 204(h) shall not apply with respect to a marriage if the alien establishes by clear and convincing evidence to the satisfaction of the Attorney General that the marriage was entered into in good faith and in accordance with the laws of the place where the marriage took place and the marriage was not entered into for the purpose of procuring the alien's entry as an immigrant and no fee or other consideration was given (other than a fee or other consideration to an attorney for assistance in preparation of a lawful petition) for the filing of a petition under section 204(a) or 214(d) with respect to the alien spouse or alien son or daughter. In accordance with regulations, there shall be only one level of administrative appellate review for each alien under the previous sentence.". (b) CONFORMING AMENDMENTSection 204(h) (8 U.S.C. 1154(h)) is amended by inserting "except as provided in section 245(e)(3)," after "Notwithstanding subsection (a),". 8 USC 1254 note. (c) EFFECTIVE DATE.— The amendments made by this section shall apply to marriages entered into before, on, or after the date of the enactment of this Act. SEC. 703. 1-YEAR EXTENSION OF DEADLINE FOR FILING APPLICATIONS FOR ADJUSTMENT FROM TEMPORARY TO PERMAMENT RESI- DENCE FOR LEGALIZED ALIENS. (a) IN GENERAL.— Section 245A(b) (8 U.S.C. 1255a(b)) is amended— (1) in paragraph (1)(A), by striking "one-year period" and inserting "2-year period", and (2) in paragraph (2)(C), by striking "thirty-first" and inserting " 43rd". 0)) LATE FEE. — Section 245A(c)(7)(A) (8 U.S.C. 1255a(c)(7)(A)) is amended by adding at the end the following: "The Attorney General shall provide for an additional fee for filing an application for adjustment under subsection (b)(1) after the end of the first year of the 2-year period described in subsection (b)(1)(A).". SEC. 704. COMMISSION ON AGRICULTURAL WORKERS. (a) 1-YEAR EXTENSION.— Section 304 of the Immigration Reform 8 USC 1160 note, and Control Act of 1986 (Public Law 99-603) is amended— (1) in subsection (c), by striking "five" and inserting "six", and (2) in subsection (i), by striking "63" and inserting "75". (b) STAFF.— Subsection (f) of such section is amended by striking "competitive service" and inserting "and compensation and other conditions of service in the civil service".