[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 782 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 782

 To amend the Immigration and Nationality Act to permit the spouses of 
citizens and permanent resident aliens to file classification petitions 
   for immediate relative and second preference family status and to 
permit the use of credible evidence in spousal waiver applications for 
              removal of conditional permanent residence.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 3, 1993

 Mr. Mazzoli introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend the Immigration and Nationality Act to permit the spouses of 
citizens and permanent resident aliens to file classification petitions 
   for immediate relative and second preference family status and to 
permit the use of credible evidence in spousal waiver applications for 
              removal of conditional permanent residence.

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

SECTION 1. ALIEN SPOUSE PETITIONING RIGHTS FOR IMMEDIATE RELATIVE OR 
              SECOND PREFERENCE STATUS.

    (a) In General.--Section 204(a)(1) of the Immigration and 
Nationality Act (8 U.S.C. 1154(a)(1)) is amended--
            (1) in subparagraph (A)--
                    (A) by inserting ``(i)'' after ``(A)'',
                    (B) by redesignating the second sentence as clause 
                (ii), and
                    (C) by adding at the end the following new clause:
    ``(iii) An alien who is the spouse of a citizen of the United 
States, who is eligible to be classified as an immediate relative under 
section 201(b)(2)(A)(i), and who has resided in the United States with 
the alien's spouse may file a petition with the Attorney General under 
this subparagraph for classification of the alien (and children of the 
alien) under such section if the alien demonstrates to the Attorney 
General that--
            ``(I) the alien is residing in the United States, the 
        marriage between the alien and the spouse was entered into in 
        good faith by the alien, and during the marriage the alien has 
        been battered by or has been the subject of extreme cruelty 
        perpetrated by the alien's spouse, or
            ``(II) the alien is residing in the United States with the 
        alien's spouse, the alien has been married to and residing with 
        the spouse for a period of not less than 3 years, and the 
        alien's spouse has failed to file a petition under clause (i) 
        on behalf of the alien.''; and
            (2) in subparagraph (B)--
                    (A) by inserting ``(i)'' after ``(B)'', and
                    (B) by adding at the end the following new clause:
    ``(ii) An alien who is the spouse of an alien lawfully admitted for 
permanent residence, who is eligible for classification under section 
203(a)(2)(A), and who has resided in the United States with the alien's 
legal permanent resident spouse may file a petition with the Attorney 
General under this subparagraph for classification of the alien (and 
children of the alien) under such section if the alien demonstrates to 
the Attorney General that the conditions described in subclause (I) or 
(II) of subparagraph (A)(iii) are met with respect to the alien.''.
    (b) Conforming Amendments.--(1) Section 204(a)(2) of such Act (8 
U.S.C. 1154(a)(2)) is amended--
            (A) in subparagraph (A), by striking ``filed by an alien 
        who'' and inserting ``for the classification of the spouse of 
        an alien if the alien,'', and
            (B) in subparagraph (B), by striking ``by an alien whose 
        prior marriage'' and inserting ``for the classification of the 
        spouse of an alien if the prior marriage of the alien''.
    (2) Section 201(b)(2)(A)(i) of such Act (8 U.S.C. 1151(b)(2)(A)(i)) 
is amended by striking ``204(a)(1)(A)'' and inserting 
``204(a)(1)(A)(ii)''.
    (c) Effective Date.--The amendments made by this section shall take 
effect January 1, 1994.

SEC. 2. USE OF CREDIBLE EVIDENCE IN SPOUSAL WAIVER APPLICATIONS.

    (a) In General.--Section 216(c)(4) of the Immigration and 
Nationality Act (8 U.S.C. 1186a(c)(4)) is amended by inserting after 
the second sentence the following: ``In acting on applications under 
this paragraph, the Attorney General shall consider any credible 
evidence submitted in support of the application (whether or not the 
evidence is supported by an evaluation of a licensed mental health 
professional). The determination of what evidence is credible and the 
weight to be given that evidence shall be within the sole discretion of 
the Attorney General''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act and shall apply to 
applications made before, on, or after such date.

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