I

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•HR 782 IH

1 SECTION 1. ALIEN SPOUSE PETITIONING RIGHTS FOR IM2 MEDIATE RELATIVE OR SECOND PREF3 ERENCE STATUS.

4 (a) IN GENERAL.—Section 204(a)(1) of the Immi5 gration and Nationality Act (8 U.S.C. 1154(a)(1)) is

6 amended—

7 (1) in subparagraph (A)—

8 (A) by inserting ‘‘(i)’’ after ‘‘(A)’’,

9 (B) by redesignating the second sentence

10 as clause (ii), and

11 (C) by adding at the end the following new

12 clause:

13 ‘‘(iii) An alien who is the spouse of a citizen of the

14 United States, who is eligible to be classified as an imme15 diate relative under section 201(b)(2)(A)(i), and who has

16 resided in the United States with the alien’s spouse may

17 file a petition with the Attorney General under this sub18 paragraph for classification of the alien (and children of

19 the alien) under such section if the alien demonstrates to

20 the Attorney General that—

21 ‘‘(I) the alien is residing in the United States,

22 the marriage between the alien and the spouse was

23 entered into in good faith by the alien, and during

24 the marriage the alien has been battered by or has

25 been the subject of extreme cruelty perpetrated by

26 the alien’s spouse, or
3

•HR 782 IH

1 ‘‘(II) the alien is residing in the United States

2 with the alien’s spouse, the alien has been married

3 to and residing with the spouse for a period of not

4 less than 3 years, and the alien’s spouse has failed

5 to file a petition under clause (i) on behalf of the

6 alien.’’; and

7 (2) in subparagraph (B)—

8 (A) by inserting ‘‘(i)’’ after ‘‘(B)’’, and

9 (B) by adding at the end the following new

10 clause:

11 ‘‘(ii) An alien who is the spouse of an alien lawfully

12 admitted for permanent residence, who is eligible for clas13 sification under section 203(a)(2)(A), and who has resided

14 in the United States with the alien’s legal permanent resi15 dent spouse may file a petition with the Attorney General

16 under this subparagraph for classification of the alien

17 (and children of the alien) under such section if the alien

18 demonstrates to the Attorney General that the conditions

19 described in subclause (I) or (II) of subparagraph (A)(iii)

20 are met with respect to the alien.’’.

21 (b) CONFORMING AMENDMENTS.—(1) Section

22 204(a)(2) of such Act (8 U.S.C. 1154(a)(2)) is amended—

23 (A) in subparagraph (A), by striking ‘‘filed by

24 an alien who’’ and inserting ‘‘for the classification of

25 the spouse of an alien if the alien,’’, and
4

•HR 782 IH

1 (B) in subparagraph (B), by striking ‘‘by an

2 alien whose prior marriage’’ and inserting ‘‘for the

3 classification of the spouse of an alien if the prior

4 marriage of the alien’’.

5 (2) Section 201(b)(2)(A)(i) of such Act (8 U.S.C.

6 1151(b)(2)(A)(i)) is amended by striking ‘‘204(a)(1)(A)’’

7 and inserting ‘‘204(a)(1)(A)(ii)’’.

8 (c) EFFECTIVE DATE.—The amendments made by

9 this section shall take effect January 1, 1994.

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

11 APPLICATIONS.

12 (a) IN GENERAL.—Section 216(c)(4) of the Immigra13 tion and Nationality Act (8 U.S.C. 1186a(c)(4)) is amend14 ed by inserting after the second sentence the following:

15 ‘‘In acting on applications under this paragraph, the At16 torney General shall consider any credible evidence sub17 mitted in support of the application (whether or not the

18 evidence is supported by an evaluation of a licensed mental

19 health professional). The determination of what evidence

20 is credible and the weight to be given that evidence shall

21 be within the sole discretion of the Attorney General’’.

22 (b) EFFECTIVE DATE.—The amendment made by

23 subsection (a) shall take effect on the date of the enact24 ment of this Act and shall apply to applications made be25 fore, on, or after such date.
5

•HR 782 IH

Æ