Application Requirements for the Adjustment of Status Under Section 586 of Public Law 106-249

FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS
                          APPROPRIATIONS, 2001

[[Page 114 STAT. 1900]]

*Public Law 106-429
 106th Congress

                                 An Act


 
  Making appropriations for foreign operations, export financing, and
related programs for the fiscal year ending September 30, 2001, and for
         other purposes. <<NOTE:  Nov. 6, 2000 -  [H.R. 4811]>>

    Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
[...]

[[Page 114 STAT. 1900A-57]]

    Sec. 586. (a) The status of certain aliens from Vietnam, Cambodia,
and Laos described in subsection (b) of this section may be adjusted by
the Attorney General, under such regulations as she may prescribe, to
that of an alien lawfully admitted permanent residence if--
            (1) within 3 years after the date of promulgation by the
        Attorney General of regulations in connection with this title
        the alien makes an application for such adjustment and pays the
        appropriate fee;
            (2) the alien is otherwise eligible to receive an immigrant
        visa and is otherwise admissible to the United States for
        permanent residence except as described in subsection (c); and
            (3) the alien had been physically present in the United
        States prior to October 1, 1997.

    (b) The benefits provided by subsection (a) shall apply to any alien
who is a native or citizen of Vietnam, Laos, or Cambodia and who was
inspected and paroled into the United States before October 1, 1997 and
was physically present in the United States on October 1, 1997; and
            (1) was paroled into the United States from Vietnam under
        the auspices of the Orderly Departure Program; or
            (2) was paroled into the United States from a refugee camp
        in East Asia; or
            (3) was paroled into the United States from a displaced
        person camp administered by the United Nations High Commissioner
        for Refugees in Thailand.

    (c) Waiver of Certain Grounds for Inadmissibility.--The provisions
of paragraphs (4), (5), and (7)(A) and (9) of section 212(a) of the
Immigration and Nationality Act shall not be applicable to any alien
seeking admission to the United States under this subsection, and
nothwithstanding any other provision of law, the Attorney General may
waive 212(a)(1); 212(a)(6)(B), (C), and (F); 212(8)(A); 212(a)(10)(B)
and (D) with respect to such an alien in order to prevent extreme
hardship to the alien or the alien's spouse, parent, son or daughter,
who is a citizen of the United States or an alien lawfully admitted for
permanent residence. Any such waiver by the Attorney General shall be in
writing and shall be granted only on an individual basis following an
investigation.
    (d) Ceiling.--The number of aliens who may be provided adjustment of
status under this provision shall not exceed 5,000.
    (e) Date of Approval.--Upon the approval of such an application for
adjustment of status, the Attorney General shall create a record of the
alien's admission as a lawful permanent resident as of the date of the
alien's inspection and parole described in subsection (b)(1), (b)(2) and
(b)(3).

[[Page 114 STAT. 1900A-58]]

    (f ) No Offset in Number of Visas Available.--When an alien is
granted the status of having been lawfully admitted for permanent
residence under this section the Secretary of State shall not be
required to reduce the number of immigrant visas authorized to be issued
               under the Immigration and Nationality Act.