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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. ALIEN SPOUSE PETITIONING RIGHTS FOR IM-
MEDIATE 
RELATIVE 
OR 
SECOND 
PREF-
ERENCE STATUS.
(a) IN GENERAL.—Section 204(a)(1) of the Immi-
gration 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 imme-
diate 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 sub-
paragraph 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 clas-
sification under section 203(a)(2)(A), and who has resided
in the United States with the alien’s legal permanent resi-
dent 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