Emergency Lithuanian Immigration Relief Act of 1990

Emergency Lithuanian Immigration Relief Act of 1990 - Waives the two-year home country residence requirement for certain "J" visa (exchange visitors) Lithuanian nationals in the United States.

Grants such persons work authorization.

 
HR 4788 IH
101st CONGRESS
2d Session
 H. R. 4788
To protect the status of certain nationals of Lithuania in the United States.
IN THE HOUSE OF REPRESENTATIVES
May 10, 1990
Mr. DONNELLY (for himself, Mr. DURBIN, Mr. HERTEL, Mr. RUSSO, Mr. WOLPE,
Mr. GEJDENSON, and Mrs. KENNELLY) introduced the following bill; which was
referred to the Committee on the Judiciary
A BILL
To protect the status of certain nationals of Lithuania in the United States.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
SECTION 1. SHORT TITLE.
  This Act may be cited as the `Emergency Lithuanian Immigration Relief Act
  of 1990'.
SEC. 2. STATUS OF CERTAIN NATIONALS OF LITHUANIA.
  (a) WAIVER OF FOREIGN RESIDENCE REQUIREMENT FOR `J' NONIMMIGRANTS- The
  2-year home country residence and physical presence period requirement under
  section 212(e) of the Immigration and Nationality Act (8 U.S.C. 1182(e))
  is hereby waived in the case of any national of Lithuania if--
  (1) the alien is present in the United States on May 10, 1990 (or who
  would have been present in the United States on such date but for a brief,
  casual, and innocent departure from the United States),
  (2) the alien would otherwise be subject to that 2-year home residence
  requirement because of having had the status of a nonimmigrant described
  in section 101(a)(15)(J) of such Act (8 U.S.C. 1101(a)(15)(J)), and
  (3) not later than 4 years after the date of the enactment of this Act,
  the alien files a nonfrivolous application for adjustment or any change
  of status under section 245 or 248 of such Act (8 U.S.C. 1255, 1258).
  (b) PRESUMPTION OF CONTINUOUS RESIDENCE FOR CERTAIN LITHUANIAN NATIONALS-
  For purposes of any adjustment of status under section 245 of the Immigration
  and Nationality Act (8 U.S.C. 1255) or any change of status under section
  248 of such Act (8 U.S.C. 1258) in the case of an alien who is a national
  of Lithuania and who, as of May 10, 1990, was present in the United States
  in the lawful status of a nonimmigrant (or who would have been present in
  the United States in that status but for a brief, casual, and innocent
  departure from the United States), such an alien shall be considered as
  having continued to maintain lawful status as such a nonimmigrant (and to
  have maintained continuously a lawful status) for the period described in
  subsection (d).
  (c) EMPLOYMENT AUTHORIZATION- Any national of Lithuania described in
  subsection (b) who, as of May 10, 1990, was present in the United States
  in the lawful status of a nonimmigrant described in section 101(a)(15)
  of the Immigration and Nationality Act (or who would have been present in
  the United States on such date in that status but for a brief, casual, and
  innocent departure from the United States) shall be granted authorization
  to engage in employment in the United States and shall be provided with an
  `employment authorized' endorsement or other appropriate work permit during
  the period described in subsection (d).
  (d) DURATION OF STATUS- The period referred to in subsections (b), (c),
  and (e) is the period beginning on May 10, 1990, and ending on the date on
  which the Secretary of State certifies to Congress that the Soviet Union
  is no longer taking any military or economic sanctions against Lithuania.
  (e) NOTIFICATION- In the case of any alien who is a national of Lithuania
  and who is eligible for benefits under this section during the period
  described in subsection (d) and whose authorized period of stay as a
  nonimmigrant has expired, the Attorney General shall, instead of initiating
  deportation proceedings against the alien (including the service of an
  order to show cause) during the period described in subsection (d), issue
  to the alien a notice of expiration of nonimmigrant status. Such notice
  shall be nonadversarial in nature and shall contain an explanation of the
  options available to such aliens under this Act and under the Immigration
  and Nationality Act.