PUBLIC LAW 102-110—OCT. 1, 1991 105 STAT. 555 Public Law 102-110 102d Congress An Act To amend the Immigration and Nationality Act to provide for special immigrant status for certain aliens who have served honorably (or are enlisted to serve) in the Armed Forces of the United States for at least 12 years. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the "Armed Forces Immigration Adjustment Act of 1991". SEC. 2. SPECIAL IMMIGRANT STATUS FOR ALIENS WHO HAVE SERVED HONORABLY (OR ARE ENLISTED TO SERVE) IN THE ARMED FORCES OF THE UNITED STATES FOR AT LEAST 12 YEARS. (a) IN GENERAL.— Section 101(a)(27) of the Immigration and NationaUty Act (8 U.S.C. 1101(a)(27)) is amended— (1) by striking "or" at the end of subparagraph (I), (2) by striking the period at the end of subparagraph (J) and inserting "; or", and (3) by adding at the end the following new subparagraph: "(K) an immigrant who has served honorably on active duty in the Armed Forces of the United States after October 15, 1978, and after original lawful enlistment outside the United States (under a treaty or agreement in effect on the date of the enactment of this subparagraph) for a period or periods aggregating— "(i) 12 years and who, if separated from such service, was never separated except under honorable conditions, or "(ii) 6 years, in the case of an immigrant who is on active duty at the time of seeking special immigrant status under this subparagraph and who has reenlisted to incur a total active duty service obligation of at least 12 years, and the spouse or child of any such immigrant if accompanying or following to join the immigrant, but only if the executive department under which the immigrant serves or served recommends the granting of special immigrant status to the immigrant.". (b) NUMERICAL LIMITATIONS.—Section 203(b) of the Immigration and Nationality Act (8 U.S.C. 1153(b)), as inserted by section 121(a) of the Immigration Act of 1990, is amended by adding at the end the following new paragraph: " (6) SPECIAL RULES FOR 'K ' SPECIAL IMMIGRANTS. — " (A) NOT COUNTED AGAINST NUMERICAL LIMITATION IN YEAR INVOLVED. —Subject to subparagraph (B), the number of immigrant visas made available to special immigrants under section 101(a)(27)(K) in a fiscal year shall not be subject to the numerical limitations of this subsection or of section 202(a). Oct. 1, 1991 [S. 296] Armed Forces Immigration Adjustment Act of 1991. 8 USC 1101 note.
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