Page:United States Statutes at Large Volume 114 Part 4.djvu/845

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PUBLIC LAW 106-553 —APPENDIX B 114 STAT. 2762A-145 "(i) is the fiancee or fiance of a citizen of the United States and who seeks to enter the United States solely to conclude a valid marriage with the petitioner within ninety days after admission; "(ii) has concluded a valid marriage with a citizen of the United States who is the petitioner, is the beneficiary of a petition to accord a status under section 201(b)(2)(A)(i) that was filed under section 204 by the petitioner, and seeks to enter the United States to await the approval of such petition and the availability to the alien of an immigrant visa; or "(iii) is the minor child of an alien described in clause (i) or (ii) and is accompanying, or following to join, the alien;". (b) PROVISIONS AFFECTING NONIMMIGRANT STATUS.— Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184), as amended by section 2 of this Act, is further amended by adding at the end the following: "(p)( 1) A visa shall not be issued under the provisions of section 101(a)(15)(K)(ii) until the consular officer has received a petition filed in the United States by the spouse of the applying alien and approved by the Attorney General. The petition shall be in such form and contain such information as the Attorney General shall, by regulation, prescribe. "(2) In the case of an alien seeking admission under section 101(a)(15)(K)(ii) who concluded a marriage with a citizen of the United States outside the United States, the alien shall be considered inadmissible under section 212(a)(7)(B) if the alien is not at the time of application for admission in possession of a valid nonimmigrant visa issued by a consular officer in the foreign state in which the marriage was concluded. "(3) In the case of a nonimmigrant described in section 101(a)(15)(K)(ii), and any child of such a nonimmigrant who was admitted as accompanying, or following to join, such a nonimmigrant, the period of authorized admission shall terminate 30 days after the date on which any of the following is denied: "(A) The petition filed under section 204 to accord the principal alien status under section 201(b)(2)(A)(i). "(B) The principal alien's application for an immigrant visa pursuant to the approval of such petition. "(C) The principal alien's application for adjustment of status under section 245 pursuant to the approval of such petition.". (c) CONFORMING AMENDMENTS. — (1) ADMISSION OF NONIMMIGRANTS.—Section 214(d) of the Immigration and Nationality Act (8 U.S.C. 1184(d)) is amended by striking "101(a)(15)(K)" and inserting "101(a)(15)(K)(i)". (2) CONDITIONAL PERMANENT RESIDENT STATUS.— Section 216 of the Immigration and Nationality Act (8 U.S.C. 1186a) is amended, in each of subsections (b)(1)(B) and (d)(l)(A)(ii), by striking "214(d)" and inserting "subsection (d) or (p) of section 214". (3) ADJUSTMENT OF STATUS.—Section 245 of the Immigration and Nationality Act (8 U.S.C. 1255) is amended— (A) in subsection (d), by striking "(relating to an alien fiancee or fiance or the minor child of such alien)"; and