Summary: H.R.3670 — 102nd Congress (1991-1992)All Information (Except Text)

Bill summaries are authored by CRS.

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Passed House amended (11/25/1991)

Immigration Technical Corrections Act of 1991 - Amends the Immigration and Nationality Act, as amended by the Immigration Act of 1990, and the Immigration Reform and Control Act of 1986 to make technical and transitional changes.

Provides with regard to FY 1993 for a carryover of unused family- and employment-based visas.

Permits a widow or widower whose U.S. citizen spouse died before enactment of this Act to file for immediate relative status within two years of enactment (rather than two years from the spouse's death).

Substitutes percentages in lieu of the specified numbers in the distribution formula used for employment-based visas.

Provides with regard to Hong Kong transition visas: (1) for a carryover of unused FY 1991 and 1992 visas; and (2) that the 12-month consecutive employment requirement need not have been during the immediately previous 12 months, and may include periods of temporary absence.

Provides with regard to diversity immigrants for: (1) a carryover of unused FY 1992 and 1993 visas; (2) inclusion after FY 1992 of nationals of any qualifying country (currently limited to nationals of a qualifying country that is noncontiguous to the United States); and (3) inclusion of Northern Ireland as part of Ireland; and (4) waiver of the two-year foreign residency requirement.

Applies numerical limitations under the displaced Tibetan transition program to spouses or children of principal aliens.

Provides with regard to status adjustment for juvenile court dependents for waiver of specified grounds of inadmissibility and authorizes waiver of most non-criminal and non-security grounds of exclusion.

Grants immigrant visa extensions for certain Hong Kong residents to natives of China.

Includes spouses under the Lebanese expedited visa preference program.

Requires investor petitions to be filed with the Attorney General. (Current law requires such filing with the Secretary of State.)

Requires certain special immigrant status deadlines to be met within six months of filing a petition for such status. (Current law requires such deadlines to be met within six months after application for a visa or status adjustment is made.)

Provides with regard to nonimmigrant registered nurses: (1) that a hospital will not be disqualified from seeking such nurses upon laying off a non-staff nurse if it does not replace such nurse with a nonimmigrant registered nurse for a one-year period; and (2) applies certain transition provisions to nonimmigrant registered nurses with expired visas who had been admitted to the U.S. to perform such services as of September 1, 1989.

Permits the entry of a foreign doctor if: (1) pursuant to an invitation from a U.S. educational or research institution to teach or do research at such institution; or (2) such alien has passed the Federal licensing examination (or an equivalent) and is competent in English or is a graduate of an accredited medical school.

Repeals the provision limiting student off-campus work authorization to unrelated work.

Authorizes derivative status for spouses and children of principal aliens in the special education exchange program.

Authorizes separate work authorization fees under the temporary protected status program.

Provides that aliens with family unity benefits or temporary protected status who are authorized to travel abroad temporarily will be readmitted (if not otherwise excludable) under the same status in which they departed, and that such absence shall not be considered a break in the continuous presence requirement.

Extends transitional treatment of current naturalization petitions to those pending as of January 1, 1992 (currently November 29, 1990).

Applies specified release of custody provisions to all lawfully admitted aliens (currently applies to lawfully admitted permanent residents).

Revises deportation proceeding provisions including: (1) requiring that a list of pro bono counsel be provided; (2) permitting an alien to request an earlier deportation hearing date; and (3) permitting an earlier time period for alien felons to obtain judicial review.

Sets forth the rights of aliens in deportation proceedings, including: (1) notice of the charges and proceedings; (2) legal representation; and (3) examination and presentation of evidence.

Provides for an exception to the smuggling grounds of exclusion and deportation in the case of aliens under the legalized alien transition program and under the family unity program if the smuggling was for family reunification purposes.

Provides for an exception to the exclusion based upon a single offense of simple possession of 30 grams or less of marihuana. Applies such exception to all immigrants with or without family relations with permanent U.S. citizens or permanent residents. Permits a special exception for immigrants having family relations with U.S. citizens or if exclusion would result in exteme hardships to such citizen or resident.

Provides for deportation for: (1) convictions of attempted crimes; and (2) document fraud.

Permits the use of the immigration emergency fraud based on provision of parole (rather than applications for asylum filed).

Authorizes legalization public education and outreach services under a State legalization impact-assistance grant program for all eligible legalized aliens (not just, as at present, those with temporary resident status), including applicants until determination is made on their applications.

Permits States which do not spend the maximum amount permitted for public education and outreach in a fiscal year to use such amounts in the succeeding year.