234
designation or revocation is initiated by the Attorney
General.’’.
SEC. 905. FOREIGN STUDENTS.
(a) LENGTH
OF VISA TERM.—Section 221(c) (8
U.S.C. 1201(c)) is amended—
(1) by striking ‘‘A nonimmigrant visa’’ and in-
serting ‘‘Except as otherwise provided by law, a non-
immigrant visa’’; and
(2) by adding at the end the following:
‘‘In the case of a nonimmigrant visa issued under subpara-
graph (F), (J), or (M) of section 101(a)(15) for study in
the United States, the visa shall not be valid for any pe-
riod in excess of the stated period that the institution or
place of study to which the visa relates determines is nec-
essary and proper for the purpose of achieving the objec-
tive of such study. Such determinations shall be timely
submitted, in accordance with such regulations as the At-
torney General may prescribe, as a condition of the grant-
ing of authority to issue documents demonstrating aliens’
eligibility for a visa under subparagraph (F), (J), or (M)
of section 101(a)(15).’’.
(b) ELIGIBLE INSTITUTION.—Section 214 (8 U.S.C.
1202), as amended by section 204 of this Act, is further
amended by adding at the end the following:
235
‘‘(w) A nonimmigrant visa may not be issued under
subparagraph (F), (J), or (M) of section 101(a)(15) for
postsecondary study at an educational institution unless
that institution is an eligible institution for the purpose
of a program authorized under title IV of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1070 et seq.).’’.
(c) EFFECTIVE DATE.—The amendment made by
subsection (a) shall take effect 6 months after the date
of the enactment of this Act. The amendment made by
subsection (b) shall take effect on the date of the enact-
ment of this Act.
SEC. 906. PAY GRADE GS–15 AVAILABLE FOR INS TRIAL AT-
TORNEYS.
There are authorized to be appropriated such sums
as may be to establish a range for the annual rate of basic
pay for positions as a trial attorney in the Immigration
and Naturalization Service (or a successor agency) be-
tween the minimum annual rate of basic pay payable for
grade GS–11 of the General Schedule and the maximum
annual rate of basic pay payable for grade GS–15 of the
General Schedule.
SEC. 907. PROOF OF IDENTITY OF ALIENS SEEKING RELIEF.
(a) 
ASYLUM.—Section 
208(b)(2) 
(8 
U.S.C.
1158(b)(2)) is amended by adding at the end the fol-
lowing:
236
‘‘(E) PROOF OF IDENTITY.—No alien may
be granted asylum until the alien proves the
alien’s true identity by clear and convincing evi-
dence.’’.
(b) ADJUSTMENT OF STATUS OF REFUGEES.—Sec-
tion 209 (8 U.S.C. 1159) is amended by adding at the
end the following:
‘‘(d) No alien may have the alien’s status adjusted
under this section until the alien proves the alien’s true
identity by clear and convincing evidence.’’.
(c) CANCELLATION OF REMOVAL.—Section 240A (8
U.S.C. 1229b) is amended by adding at the end the fol-
lowing:
‘‘(f) PROOF OF IDENTITY.—No alien may receive re-
lief under this section until the alien proves the alien’s
true identity by clear and convincing evidence.’’.
(d) ADJUSTMENT OF STATUS OF NONIMMIGRANTS.—
Section 245 (8 U.S.C. 1255) is amended—
(1) by redesignating the subsection (l) added by
section 1513(f) of Public Law 106–386 (114 Stat.
1536) as subsection (m); and
(2) by adding at the end the following:
‘‘(n) PROOF OF IDENTITY.—No alien may have the
alien’s status adjusted under this section until the alien
237
proves the alien’s true identity by clear and convincing evi-
dence.’’.
(e) EFFECTIVE DATE.—The amendments made by
this section shall take effect on the date of the enactment
of this Act and shall apply to relief provided on and after
such date.
SEC. 908. FOLLOWING TO JOIN DEFINED.
Section 101(a) (8 U.S.C. 1101) is amended by adding
at the end the following:
‘‘(51) The term ‘following to join’ when used with re-
spect to a spouse or child of an alien, means that the
spouse or child departs for the United States, in order
to reside with the alien, during the 1-year period beginning
on the date on which the alien is admitted into the United
States.’’.
SEC. 909. INFORMATION ON FOREIGN CRIMES.
Section 245(a) is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(2);
(2) by redesignating paragraph (3) as para-
graph (4); and
(3) by inserting after paragraph (2) the fol-
lowing: ‘‘(3) the Attorney General has thoroughly ex-
amined the alien’s countries of prior residence to de-
238
termine that the alien has not committed a crime in
those countries making the alien inadmissible, and’’.
Æ