PUBLIC LAW 103-317—AUG. 26, 1994 108 STAT. 1765 services, beginning with the process of determining a need for a product or services 2ind ending with contract completion and closeout, as specified in 41 U.S.C. 403(2). SEC. 505. Section 140 of Public Law 103-236 is amended— (1) by inserting after subsection (d)(3) the following new subsection (e): "(e) FINGERPRINT CHECKS. — "(1) Effective not later than March 31, 1995, the Secretary of State shall in the ten countries with the highest volume of immigrant visa issuance for the most recent fiscal year for which data are available require the fingerprinting of applicants over sixteen years of age for immigrant visas. The Department of State shall submit records of such fingerprints to the Federal Bureau of Investigation in order to ascertain whether such applicants previously have been convicted of a felony under State or Federal law in the United States, and shall pay all appropriate fees. "(2) The Secretary shall prescribe and publish such regulations as may be necessary to implement the requirements of this subsection, and to avoid undue processing costs and delays for eligible immigrants and the United States Government."; and (2) in subsections (d)(4) and (d)(5), by changing the word "procedure" to "procedures", by changing the words "this subsection" each time they appear to "subsections (d) and (e)", and by redesignating paragraphs (d)(4) and (d)(5), respectively, as subsections (f) and (g). SEC. 506. (a) Section 212 of the Immigration and Nationality Act, as amended (U.S.C. 1182), is amended by adding at the end thereof the following new subsection (o): "(o) An alien who has been physically present in the United States shall not be eligible to receive an immigrant visa within ninety days following departure therefrom unless— "(1) the alien was maintaining a lawful nonimmigrant status at the time of such departure, or "(2) the £dien is the spouse or unmarried child of an individual who obtained temporary or permanent resident status under section 210 or 245A of the Immigration and Nationality Act or section 202 of the Immigration Reform and Control Act of 1986 at any date, who— "(A) as of May 5, 1988, was the unmarried child or spouse of the individual who obtained temporary or permanent resident status under section 210 or 245A of the Immigration and Nationality Act or section 202 of the Immigration Reform and Control Act of 1986; "(B) entered the United States before May 5, 1988, resided in the United States on May 5, 1988, and is not a lawful permanent resident; and ' "(C) applied for benefits under section 301(a) of the Immigration Act of 1990. ". (b) Section 245 of the Immigration and Nationality Act, as amended (8 U.S.C. 1255), is amended by adding at the end thereof the following new subsection: "(i)(l) Notwithstanding the provisions of subsections (a) and (c) of this section, an alien physically present in the United States who— "(A) entered the United States without inspection; or 8 USC 1182 note. Effective date. Regulations. Publication. Ante. p. 400, 401. 8 USC 1182.
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