An Act to facilitate the entry of alien skilled specialists and certain relatives of U.S. citizens, and for other purposes.
PL 87-885 (S.3361), enacted 10/24/1962

76 STAT.] 
PUBLIC L
A
W 87-885-OCT. 24, 1962 
Public Law 87-885 
AN ACT 
To facilitate the entry of alien skilled specialists and certain relatives of United 
States citizens, and for other purposes. 
Be it enacted hy the Senate and House of Re-presentatives of the 
United States of America in Congress assembled, That any alien who 
(1) is registered on a consular waiting list pursuant to section 203(c) 
of the Immigration and Nationality Act (8 U.S.C. 1153) under 
priority date earlier than March 31, 1954, and (2) is eligible for a 
quota immigrant status under the provisions of section 203(a)(4) 
of the said Act (8 U.S.C. 1153) on a basis of a petition filed with the 
Attorney General prior to January 1, 1962, and the spouse and chil-
dren of such alien, shall be held to be nonquota immigrants and if 
otherwise admissible under the provisions of the Immigration and 
Nationality Act, shall be issued nonquota immigrant visas: Pro-
vided, That, upon his application for an immigrant visa and for his 
admission into the United States, the alien is found to have retained 
his relationship to the petitioner and status as established in the 
approved petition. 
SEC. 2. Any alien eligible for a quota immigrant status under the 
provisions of section 203(a) (1) of the Immigration and Nationality 
Act (8 U.S.C. 1153) on the basis of a petition filed with the Attorney 
General prior to April 1, 1962, shall be held to be a nonquota im-
migrant and may be issued a nonquota immigrant visa: 
Provided, 
That, upon his application for an immigrant visa and for admission 
to the United States or for adjustment of his immigrant status in 
the United States pursuant to section 245 of the Immigration and 
Nationality Act (8 U.S.C. 1255) the alien is found to have retained 
his status as established in the approved petition. This section shall 
be applicable only to aliens admissible to the United States except for 
the fact that an immigrant visa is not promptly available for issuance 
to them because the first 50 per centum of the quota of the quota area 
to which they are chargeable is oversubscribed by beneficiaries of peti-
tions approved by the Attorney General pursuant to sections 203 
(a) (1) and 204 of the Immigration and Nationality Act (8 U.S.C. 
1153, 1154) prior to the date of enactment of this Act. 
SEC. 3. Section 204(c) of the Immigration and Nationality Act 
(8 U.S.C. 1154) is hereby amended by adding the following at the end 
thereof: "The Attorney General shall forward to the Congress a 
report on each approved petition for immigrant status under section 
203(a) (1) stating the basis for his approval and such facts as were 
by him deemed to be pertinent in establishing the beneficiary's qualifi-
cations for the preferential status and for the petitioner's urgent need 
for his services. 
Such reports shall be submitted to the Congress on 
the first and fifteenth day of each calendar month in which the Con-
gress is in session." 
SEC. 4. Section 244 of the Immigration and Nationality Act (8 
U.S.C. 1254) is hereby amended to read: 
"SEC. 244. (a) As hereinafter prescribed in this section, the At-
torney General may, in his discretion, suspend deportation and adjust 
the status to that of an alien lawfully admitted for permanent resi-
dence, in the case of an alien who applies to the Attorney General for 
suspension of deportation and— 
"(1) is deportable under any law of the United States except 
the provisions specified in paragraph (2) of this subsection; has 
been physically present in the United States for a continuous 
period of not less than seven years immediately preceding the 
date of such application, and proves that during all of such period 
1247 
October 24, 1962 
[S. 3361] 
Aliens. 
Specialists and 
relatives of U.S. 
citizens. 
66 Stat. 179. 
66 Stat. 163. 
8 use 1101 note. 
Nonquota immi-
grant. 
72 Stat. 699. 
Report to Con-
gress. 
Suspension of 
deportation. 
1248 
PUBLIC LAW 87-885-OCT. 24, 1962 
[76 STAT. 
he was and is a person of good moral character; and is a person 
whose deportation would, in the opinion of the Attorney General, 
result in extreme hardship to the alien or to his spouse, parent, 
or child, who is a citizen oi the United States or an alien lawfully 
admitted for permanent residence; or 
"(2) is deportable under paragraphs (4), (5), (6), (7), (11), 
8 use 1251. 
(12), (14), (15), (16), (17), or (18) of section 241(a); has been 
physically present in the United States for a continuous period 
of not less than ten years immediately following the commission 
of an act, or the assumption of a status, constituting a ground 
for deportation, and proves that during all of such period he has 
been and is a person of ^ood moral character; and is a person 
whose deportation would, in the opinion of the Attorney General, 
result in exceptional and extremely unusual hardship to the alien 
or to his spouse, parent, or child, who is a citizen of the United 
States or an alien lawfully admitted for permanent residence. 
"(b) The requirement of continuous physical presence in the 
United States specified in paragraphs (1) and (2) of subsection (a) 
of this section shall not be applicable to an alien who (A) has served 
for a minimum period of twenty-four months in an active-duty status 
in the Armed Forces of the United States and, if separated from such 
service, was separated under honorable conditions, and (B) at the 
time of his enlistment or induction was in the United States. 
"(c)(1) Upon application by any alien who is found by the Attor-
ney General to meet the requirements of subsection (a) of this section 
the Attorney General may in his discretion suspend deportation of 
such alien. If the deportation of any alien is suspended under the 
provisions of this subsection, a complete and detailed statement of 
the facts and pertinent provisions of law in the case shall be reported 
to the Congress with the reasons for such suspension. 
Such reports 
shall be submitted on the first day of each calendar month in which 
Congress is in session. 
"(2) In the case of an alien specified in paragraph (1) of subsec-
tion (a) of this section— 
if during the session of the Congress at which a case is reported, 
or prior to the close of the session of the Congress next following 
the session at which a case is reported, either the Senate or the 
House of Representatives passes a resolution stating in substance 
that it does not favor the suspension of such deportation, the 
Attorney General shall thereupon deport such alien or authorize 
the alien's voluntary departure at his own expense under the or-
der of deportation in the manner provided by law. If, within 
the time above specified, neither the Senate nor the House of Rep-
resentatives shall pass such a resolution, the Attorney General 
shall cancel deportation proceedings. 
" (3) In the case of an alien specified in paragraph (2) of subsection 
(a) of this section— 
if during the session of the Congress at which a case is reported, 
or prior to the close of the session of the Congress next following 
the session at which a case is reported, the Congress passes a con-
current resolution stating in substance that it favors the suspen-
sion of such deportation, the Attorney General shall cancel de-
portation proceedings. 
If within the time above specified the 
Congress does not pass such a concurrent resolution, or if either 
the Senate or the House of Representatives passes a resolution 
stating in substance that it does not favor the suspension of the 
deportation of such alien, the Attorney General shall thereupon 
deport such alien in the manner provided by law. 
76 STAT.] 
PUBLIC LAW 87-885-OCT. 24, 1962 
1249 
"(d) Upon the cancellation of deportation in the case of any alien 
under this section, the Attorney General shall record the alien's lawful 
admission for permanent residence as of the date the cancellation of 
deportation of such alien is made, and the Secretary of State shall, if 
the alien was classifiable as a quota immigrant at the time of entry and 
was not charged to the appropriate quota, reduce by one the quota of 
the quota to which the alien is chargeable under section 202 for the 
s use 1152. 
fiscal year then current at the time of cancellation or the next follow-
ing year in which a quota is available. 
No quota shall be so reduced 
by more than 50 per centum in any fiscal year. 
"(e) The Attorney General may, in his discretion, permit any alien 
under deportation proceedings, other than an alien within the pro- 
s use i2si. 
visions of paragraph (4), (5), (6), (7), (11), (12), (14), (15), (16), 
(17), or (18) of section 241(a) (and also any alien within the pur-
view of such paragraphs if he is also within the provisions of para-
graph (2) of subsection (a) of this section), to depart voluntarily 
from the United States at his own expense in lieu of deportation if 
such alien shall establish to the satisfaction of the Attorney General 
that he is, and has been, a person of good moral character for at least 
five years immediately preceding his application for voluntary depar-
ture under this subsection. 
"(f) No provision of this section shall be applicable to an alien 
who (1) entered the United States as a crewman; or (2) was admitted 
to the United States pursuant to section 101(a) (15) (J) or has 
75stat. 534. 
acquired such status after admission to the United States; or (3) is 
s use 1101. 
a native of any country contiguous to the United States or of any 
adjacent island named in section 101(b)(5): Provided^ That the 
Attorney General may in his discretion agree to the granting of sus-
pension of deportation to an alien specified in clause (3) of this sub-
section if such alien establishes to the satisfaction of the Attorney 
General that he is ineligible to obtain a nonquota immigrant visa." 
Approved October 24, 1962. 
7nr ^1^ n_f;q 
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