An Act to amend the Immigration and Nationality Act, and for other purposes
PL 89-236 (H.R.2580), enacted 10/03/1965

Post, p. 916. 
79 STAT. ] 
PUBLIC LAW 89-236-OCT. 3, 1965 
911 
Public Law 89-236 
A N A C T 
October 3, 1965 
To amend the Immigration and Nationality Act, and for other purposes. 
[H. R. :;58O] 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assenibled^ That section 201 of 
immigration and 
the Immigration and Nationality Act (66 Stat. 176; 8 U.S.C. 1151) aml'ndmints. "
"
*
' 
be amended to read as follows: 
"SEC. 201. (a) Exclusive of special immigrants defined in section 
101(a) (27), and of the immediate relatives of United States citizens 
specified in subsection (b) of this section, the number of aliens who 
may be issued immigrant visas or who may otherwise acquire the status 
of an alien lawfully admitted to the United States for permanent resi-
dence, or who may, pursuant to section 203(a) (7) enter conditionally, 
(i) shall not in any of the first three quarters of any fiscal year exceed 
a total of 45,000 and (ii) shall not in any fiscal year exceed a total of 
170,000. 
"(b) The 'immediate relatives' referred to in subsection (a) of this tives"'"^'^'^*^ '^^^^" 
section shall mean the children, spouses, and parents of a citizen of the 
United States: Provided^ That in the case of parents, such citizen 
must be at least twenty-one years of age. The immediate relatives 
specified in this subsection who are otherwise qualified for admission 
as immigrants shall be admitted as such, without regard to the numeri-
cal limitations in this Act. 
"(c) During the period from July 1, 1965, through June 30, 1968, 
the annual quota of any quota area shall be the same as that which 
existed for that area on June 30, 1965. The Secretary of State shall, 
not later than on the sixtieth day immediately following the date of 
enactment of this subsection and again on or before September 1,1966, 
and September 1, 1967, determine and proclaim the amount of quota 
numbers which remain unused at the end of the fiscal year ending on 
June 30, 1965, June 30, 1966, and June 30, 1967, respectively, and are 
available for distribution pursuant to subsection (d) of this section. 
"(d) Quota numbers not issued or otherwise used during the pre-
vious fiscal year, as determined in accordance with subsection (c) 
hereof, shall be transferred to an immigration pool. Allocation of 
numbers from the pool and from national quotas shall not together 
exceed in any fiscal year the numerical limitations in subsection (a) 
of this section. The immigration pool shall be made available to 
immigrants otherwise admissible under the provisions of this Act who 
are unable to obtain prompt issuance of a preference visa due to 
oversubscription of their quotas, or subquotas as determined by the 
Secretary of State. Visas and conditional entries shall be allocated 
from the immigration pool within the percentage limitations and in 
the order of priority specified in section 203 without regard to the 
quota to w^hich the alien is chargeable. 
"(e) The immigration pool and the quotas of quota areas shall 
terminate June 30, 1968. Thereafter immigrants admissible under 
the provisions of this Act wjio are subject to the numerical limitatiions 
of subsection (a) of this section shall be admitted in accordance with 
the percentage limitations and in the order of priority specified in 
section 203." 
SBO. 2. Section 202 of the Immigration and Nationality Act (66 Foreign states. 
Stat. 175; 8 U.S.C. 1152) is amended to read as follows: 
tations!"''^^ ^""'" 
"(a) No person shall receive any preference or priority or be dis-
criminated against in the issuance of an immigrant visa because of his 
race, sex, nationality, place of birth, or place of residence, except as 
specifically provided in section 101(a) (27), section 201(b), and sec- ^°®'' p- ^le. 
tion 203: Provided, That the total number of immigrant visas and the 
Post, p. 91.2. 
912 
PUBLIC LAW 89-236-OCT. 3, 1965 
[79 STAT. 
Infra. 
Post, 
Ante, 
p. 916. 
p. 911. 
Visas, 
tion. 
number of conditional entries made available to natives of any single 
foreign state under paragraphs (1) through (8) of section 203(a) 
shall not exceed 20,000 in any fiscal year: Provided further, That the 
foregoing proviso shall not operate to reduce the number of immi-
grants who may be admitted under the quota of any quota area before 
June 30, 1968. 
"(b) Each independent country, self-governing dominion, man-
dated territory, and territory under the international trusteeship sys-
tem of the United Nations, other than the United States and its outly-
ing possessions shall be treated as a separate foreign state for the 
purposes of the numerical limitation set forth in the proviso to sub 
section (a) of this section when approved by the Secretary of State. 
All other inhabited lands shall be attributed to a foreign state specified 
by the Secretary of State. 
For the purposes of this Act the foreign 
state to which an immigrant is chargeable shall be determined by birth 
within such foreign state except that (1) an alien child, when accom-
panied by his alien parent or parents, may be charged to the same 
foreign state as the accompanying parent or of either accompanying 
parent if such parent has received or would be qualified for an immi-
grant visa, if necessary to prevent the separation of the child from the 
accompanying parent or parents, and if the foreign state to which such 
parent has been or would be chargeable has not exceeded the numerical 
limitation set forth in the proviso to subsection (a) of this section for 
that fiscal year; (2) if an alien is chargeable to a different foreign 
state from that of his accompanying spouse, the foreign state to which 
such alien is chargeable may, if necessary to prevent the separation of 
liusband and wife, be determined by the foreign state of the accom-
panying spouse, if such spouse has received or would be qualified for 
an immigrant visa and if the foreign state to which such spouse has 
been or would be chargeable has not exceeded the numerical limita-
tion set forth in the proviso to subsection (a) of this section for that 
fiscal year; (3) an alien born in the United States shall be considered 
as having been born in the country of which he is a citizen or subject, 
or if he is not a citizen or subject of any country then in the last 
foreign country in which he had his residence as determined by the 
consular officer; (4) an alien born within any foreign state in which 
neither of his parents was bom and in which neither of his parents 
had a residence at the time of such alien's birth may be charged to the 
foreign state of either parent. 
" (c) Any immigrant born in a colony or other component or depend-
ent area of a foreign state unless a special immigrant as provided in 
section 101(a) (27) or an immediate relative of a United States citizen 
as specified in section 201(b), shall be chargeable, for the purpose of 
limitation set forth in section 202(a), to the foreign state, except that 
the number of persons born in any such colony or other component or 
dependent area overseas from the foreign state chargeable to the for-
eign state in any one fiscal year shall not exceed 1 per centum of the 
maximum number of immigrant visas available to such foreign state, 
"(d) In the case of any change in the territorial limits of foreign 
states, the Secretary of State shall, upon recognition of such change, 
issue appropriate instructions to all diplomatic and consular offices." 
SEC. 3. Section 203 of the Immigration and Nationality Act (66 
Stat. 175; 8 U.S.C. 1153) is amended to read as follows: 
"SEC. 203. (a) Aliens who are subject to the numerical limitations 
specified in section 201(a) shall be allotted visas or their conditional 
entry authorized, as the case may be, as follows: 
"(1) Visas shall be first made available, in a number not to exceed 
20 per centum of the number specified in section 201(a) (ii), to 
79 STAT. ] 
PUBLIC LAW 89-236-OCT. 3, 1965 
913 
qualified immigrants who are the unmarried sons or daughters of 
citizens of the United States. 
"(2) Visas shall next be made available, in a number not to exceed 
20 per centum of the number specified in section 201(a) (ii), plus any 
^"'^' P- '^^^• 
visas not required for the classes specified in paragraph (1), to quali-
fied immigrants who are the spouses, unmarried sons or unmarried 
daughters of an alien lawfully admitted for permanent residence. 
"(3) Visas shall next be made available, in a number not to exceed 
10 per centum of the number specified in section 201(a) (ii), to quali-
fied immigrants who are members of the professions, or who because 
of their exceptional ability in the sciences or the arts will substantially 
benefit prospectively the national economy, cultural interests, or 
welfare of the United States. 
"(4) Visas shall next be made available, in a number not to exceed 
10 per centum of the number specified in section 201(a) (ii), plus any 
visas not required for the classes specified in paragraphs (1) througli 
(3), to qualified immigrants who are the married sons or the married 
daughters of citizens of the United States. 
"(5) Visas shall next be made available, in a number not to exceed 
24 per centum of the number specified in section 201(a) (ii), plus any 
visas not required for the classes specified in paragraphs (1) through 
(4), to qualified immigrants who are the brdthers or sisters of citizens 
of the United States. 
"(6) Visas shall next be made available, in a number not to exceed 
10 per centum of the number specified in section 201(a) (ii), to quali-
fied immigrants who are capable of performing specified skilled or un-
skilled labor, not of a temporary or seasonal nature, for which a short-
age of employable and willing persons exists in the United States. 
"(7) Conditional entries shall next be made available by the Attor- 
conditional 
ney General, pursuant to such regulations as he may prescribe and in 
a number not to exceed 6 per centum of the number specified in section 
201(a) (ii), to aliens who satisfy an Immigration and Naturalization 
Service officer at an examination in any non-Communist or non-Com-
munist-dominated country, (A) that (i) because of persecution or fear 
of persecution on account of race, religion, or political opinion they 
have fled (I) from any Communist or Communist-dominated country 
or area, or (II) from any country within the general area of the Mid-
dle East, and (ii) are unable or unwilling to return to such country or 
area on account of race, religion, or political opinion, and (iii) are not 
nationals of the countries or areas in which their application for con-
ditional entry is made; or (B) that they are persons uprooted by 
catastrophic natural calamity as defined by the President who are 
unable to return to their usual place of abode. For the purpose of the 
foregoing the term 'general area of the Middle East' means the area 
between and including (1) Libya on the west, (2) Turkey on the 
north, (3) Pakistan on the east, and (4) Saudi Arabia and Ethiopia 
on the south: Provided, That immigrant visas in a number not exceed-
ing one-half the number specified in this paragraph may be made 
available, in lieu of conditional entries of a like number, to such aliens 
who have been continuously physically present in the United States 
for a period of at least two years prior to application for adjustment 
of status. 
"(8) Visas authorized in any fiscal year, less those required for is-
suance to the classes specified in paragraphs (1) throuo;h (6) and less 
the number of conditional entries and visas made available pursuant 
to paragraph (7), shall be made available to other qualified immi-
grants strictly in the chronological order in which they qualify. Wait-
ing lists of applicants shall be maintained in accordance with regula-
tions prescribed by the Secretary of State. No immigrant visa shall be 
entries. 
914 
PUBLIC LAW 89-236-OCT. 3, 1965 
[79 STAT. 
issued to a nonpreference immigrant under this paragraph, or to an 
immigrant with a preference under paragraph (3) or (6) of this 
subsection, until the consular officer is in receipt of a determination 
made by the Secretary of Labor pursuant to the provisions of section 
Posf. p. 917. 
212(a) (14). 
"(9) A spouse or child as defined in section 101(b) (1) (A)j (B), 
Ti^stltfeag^^' 
(^)> (•^)' ^^ (^^ shall, if not otherwise entitled to an immigrant 
8 use 1101. 
status and the immediate issuance of a visa or to conditional entry 
under paragraphs (1) through (8), be entitled to the same status, 
and the same order of consideration provided in subsection (b), if 
accompanying, or following to join, his spouse or parent. 
"(b) In considering applications for immigrant visas under sub-
section (a) consideration shall be given to applicants in the order 
in which the classes of which they are members are listed in subsection 
"(c) Immigrant visas issued pursuant to paragraphs (1) through 
(6) of subsection (a) shall be issued to eligible immigrants in the 
order in which a petition in behalf of each such immigrant is filed 
Post, p. 915. 
with the Attorney General as provided in section 204. 
"(d) Every immigrant shall be presumed to be a nonpreference 
immigrant until he establishes to the satisfaction of the consular officer 
and the immigration officer that he is entitled to a preference status 
under paragraphs (1) through (Y) of subsection (a), or to a special 
Post, p. 916. 
immigrant status under section 101 (a) (27), or that he is an immediate 
Ante, p. 911. 
relative of a United States citizen as specified in section 201(b). In 
the case of any alien claiming in his application for an immigrant visa 
to be an immediate relative of a United States citizen as specified in 
section 201(b) or to be entitled to preference immigrant status under 
paragraphs (1) through (6) of subsection (a), the consular officer 
shall not grant such status until he has been authorized to do so as 
provided by section 204. 
"(e) For the purposes of carrying out his responsibilities in the 
orderly administration of this section, the Secretary of State is author-
ized to make reasonable estimates of the anticipated numbers of visas 
to be issued during any quarter of any fiscal year within each of the 
categories of subsection (a), and to rely upon such estimates in author-
izing the issuance of such visas. The Secretary of State, in his dis-
cretion, may terminate the registration on a waiting list of any alien 
who fails to evidence his continued intention to apply for a visa in 
such manner as may be by regulation prescribed. 
Report to Con- 
"(f) The Attomey General shall submit to the Congress a report 
containing complete and detailed statement of facts in the case of 
each alien who conditionally entered the United States pursuant to 
subsection (a) (7) of this section. Such reports shall be submitted on 
or before January 15 and June 15 of each year. 
"(g) Any alien who conditionally entered the United States as a 
refugee, pursuant to subsection (a) (7) of this section, whose con-
ditional entry has not been terminated by the Attorney General pur-
suant to such regulations as he may prescribe, who has been in the 
United States for at least two years, and who has not acquired perma-
nent residence, shall forthwith return or be returned to the custody of 
the Immigration and Naturalization Service and shall thereupon be 
inspected and examined for admission into the United States, and his 
case dealt with in accordance with the provisions of sections 235, 236, 
8 use 1225- 
and 237 of this Act. 
"(h) Any alien who, pursuant to subsection (g) of this section, is 
found, upon inspection bv the immigration officer or after hearing 
before a special inquiry officer, to be admissible as an immigrant under 
gre 
1227. 
66 Stat. 1.82. 
8 u s e 1182. 
Preference or 
immediate 
status. 
Ante, 
p. 
Ante, 
p. 
relative 
t»12. 
911. 
79 STAT. ] 
PUBLIC LAW 89-236-OCT. 3, 1965 
915 
this Act at the time of his inspection and examination, except for the 
fact that he was not and is not in possession of the documents required 
by section 212(a) (20), shall be regarded as lawfully admitted to the 
United States for permanent residence as of the date of his arrival." 
SEC. 4. Section 204 of the Immigration and Nationality Act (66 
Stat. 176; 8 U.S.C. 1154) is amended to read as follows: 
"SEC. 204. (a) Any citizen of the United States claiming that an 
alien is entitled to a preference status by reason of the relationships 
described in paragraphs (1), (4), or (5) of section 203(a), or to an 
immediate relative status under section 201(b), or any alien lawfully 
admitted for permanent residence claiming that an alien is entitled 
to a preference status by reason of the relationship described in section 
203(^) (2), or any alien desiring to be classified as a preference immi-
grant under section 203(a) (3) (or any person on behalf of such an 
alien), or any person desiring and intending to employ within the 
United States an alien entitled to classification as a preference immi-
grant under section 203(a) (6), may file a petition with the Attorney 
General for such classification. 
The petition shall be in such form 
as the Attorney General may by regulations prescribe and shall con-
tain such information and be supported by such documentary evi-
dence as the Attorney General may require. The petition shall be 
made under oath administered by any individual having authority 
to administer oaths, if executed in the United States, but, if executed 
outside the United States, administered by a consular officer or an 
immigration officer. 
"(b) After an investigation of the facts in each case, and after 
consultation with the Secretary of Labor with respect to petitions to 
accord a status under section 203(a) (3) or (6), the Attorney General 
shall, if he determines that the facts stated in the petition are true and 
that the alien in behalf of whom the petition is made is an immediate 
relative specified in section 201 (b) or is eligible for a preference status 
under section 203(a), approve the petition and forward one copy 
thereof to the Department of State. The Secretary of State shall 
then authorize the consular officer concerned to grant the preference 
status. 
"(c) Notwithstanding the provisions of subsection (b) no more 
than two petitions may be approved for one petitioner in behalf of a 
child as defined in section 101(b) (1) (E) or (F) unless necessary to post^^^%i7^'' 
prevent the separation of brothers and sisters and no petition shall be 
approved if the alien has previously been accorded a nonquota or pref-
erence status as the spouse of a citizen of the United States or the 
s]7ouse of an alien lawfully admitted for permanent residence, by 
reason of a marriage determined by the Attorney General to have 
been entered into for the purpose of evading the immigration laws. 
"(d) The Attorney; General shall forward to the Congress a report ^^^^°^^ *° *^°"' 
on each approved petition for immigrant status under sections 203(a) 
(3) or 203(a) (6) stating the basis for his approval and such facts as 
were by him deemed to be pertinent in establishing the beneficiary's 
qualifications for the preferential status. Such reports shall be sub-
mitted to the Congress on the first and fifteenth day of each calendar 
month in which the Congress is in session. 
"(e) Nothing in this section shall be construed to entitle an immi-
grant, in behalf of whom a petition under this section is approved, 
to enter the United States as a preference immigrant under section 
203(a) or as an immediate relative under section 201(b) if upon his 
arrival at a port of entry in the United States he is found not to be 
entitled to such classification." 
916 
PUBLIC LAW 89-236-OCT. 3, 1965 
[79 STAT. 
A^^rovafVevo 
^^^' ^' ^^tioii 205 of the Immigration and Nationality Act (66 
catioV 
°' 
Stat. 176; 8 U.S.C. 1155) is amended to read as follows: 
"SEC. 205. The Attorney General may, at any time, for what he 
deems to be good and sufficient cause, revoke the approval of any 
Ante, p. 915. 
petition approved by him under section 204. Such revocation shall 
be effective as of the date of approval of any such petition. 
In no 
case, however, shall such revocation have effect unless there is mailed 
to the petitioner's last known address a notice of the revocation and 
unless notice of the revocation is communicated through the Secretary 
of State to the beneficiary of the petition before such beneficiary com-
mences his journey to the United States. If notice of revocation is 
not so given, and the beneficiary applies for admission to the United 
States, his admissibility shall be determined in the manner provided 
f us?"i Hi. 
*^i" ^y sections 235 and 236." 
1226. 
' 
SEC. 6. Section 206 of the Immigration and Nationality Act (66 
Stat. 181; 8 U.S.C. 1156) is amended to read as follows: 
Unused visas. 
"SEC. 206. If au immigrant having an immigrant visa is excluded 
from admission to the United States and deported, or does not apply 
for admission before the expiration of the validity of his visa, or if an 
alien having an immigrant visa issued to him as a preference immi-
grant is found not to be a preference immigrant, an immigrant visa 
or a preference immigrant visa, as the case may be, may be issued in 
lieu thereof to another qualified alien." 
SEC. 7. Section 207 of the Immigration and Nationality Act (66 
Stat. 181; 8 U.S.C. 1157) is stricken. 
SEC. 8. Section 101 of the Immigration and Nationality Act (66 
Stat. 166; 8 U.S.C. 1101) is amended as follows: 
(a) Paragraph (27) of subsection (a) is amended to read as fol-
lows : 
"Special immi- 
" (27) Thc tcrm 'special immigrant' means— 
^'^^"*' 
"(A) an immigrant who was born in any independent foreign 
country of the Western Hemisphere or in the Canal Zone and 
the spouse and children of any such immigrant, if accompanying, 
or following to join him: Provided, That no immigrant visa shall 
be issued pursuant to this clause until the consular officer is in 
receipt of a determination made by the Secretary of Labor pur-
Post, p. 917. 
suant to the provisions of section 212(a) (14); 
"(B) an immigrant, lawfully admitted for permanent resi-
dence, who is returning from a temporary visit abroad; 
"(C) an immigrant who was a citizen of the United States 
66 Stat. 246. 
^ud may, under section 324(a) or 327 of title III, apply for reac-
1438. 
' 
quisition of citizenship; 
"(D) (i) an immigrant who continuously for at least two years 
immediately preceding the time of his application for admission 
to the United States has been, and who seeks to enter the United 
States solely for the purpose of carrying on the vocation of min-
ister of a religious denomination, and whose services are needed 
by such religious denomination having a bona fide organization 
in the United States; and (ii) the spouse or the child of any such 
immigrant, if accompanying or following to join him; or 
"(E) an immigrant who is an employee, or an honorably 
retired former emploj^ee, of the United States Government abroad, 
and who has performed faithful service for a total of fifteen years, 
or more, and his accompanjdng spouse and children: Provided, 
That the principal officer of a Foreign Service establishment, in 
his discretion, shall have recommended the granting of special 
immigrant status to such alien in exceptional circumstances and 
the Secretary of State approves such recommendation and finds 
that it is in the national interest to grant such status." 
Ante, p. 9 11. 
79 STAT. ] 
PUBLIC LAW 89-236-OCT. 3, 1965 
917 
(b) Paragraph (32) of subsection (a) is amended to read as 
follows: 
"(32) The term 'profession' shall include but not be limited to 
"profession," 
architects, engineers, lawyers, physicians, surgeons, and teachers in 
elementary or secondary schools, colleges, academies, or seminaries." 
(c) Subparagraph (1) (F) of subsection (b) is amended to read 
g^us^c^'iio^^' 
as follows: 
" (F) a child, under the age of fourteen at the time a petition 
is filed in his behalf to accord a classification as an inmiediate 
relative under section 201(b), who is an orphan because of the 
death or disappearance of, abandonment or desertion by, or sepa-
ration or loss from, both parents, or for whom the sole or surviv-
ing parent is incapable of providing the proper care which will be 
provided the child if admitted to uie United States and who has 
in writing irrevocably released the child for emigration and 
adoption; who has been adopted abroad by a United States citi-
zen and his spouse who personally saw and observed the child 
prior to or during the adoption proceedings; or who is coming to 
the United States for adoption by a United States citizen and 
spouse who have complied with the preadoption requirements, 
if any, of the child's proposed residence: Provided^ That no 
natural parent or prior adoptive parent of any such child shall 
thereafter, by virtue of such parentage, be accorded any right, 
privilege, or status under this Act." 
SEC. 9. Section 211 of the Immigration and Nationality Act (66 
Documentary 
Stat. 181; 8 U.S.C. 1181) is amended to read as follows: 
requirements. 
"SEC. 211. (a) Except as provided in subsection (b) no immigrant 
shall be admitted into the United States unless at the time of applica-
tion for admission he (1) has a valid unexpired immigrant visa or 
was bom subsequent to the issuance of such visa of the accompanying 
parent, and (2) presents a valid unexpired passport or other suitable 
travel document, or document of identity and nationality, if such 
document is required under the regulations issued by the Attorney 
General. With respect to immigrants to be admitted under quotas 
of quota areas prior to June 30, 1968, no immigrant visa shall be 
deemed valid unless the immigrant is properly chargeable to the quota 
area under the quota of which the visa is issued. 
"(b) Notwithstanding the provisions of section 212(a) (20) of this ^J^'^" 
Act in such cases or in such classes of cases and under such conditions ^" °" ^
* 
as may be by regulations prescribed, returning resident immigrants, 
defined in section 101(a) (27) (B), who are otherwise admissible may 
be readmitted to the United States by the Attorney General in his 
discretion without being required to obtain a passport, immigrant 
visa, reentry permit or other documentation." 
SEC. 10. Section 212(a) of the Immigration and Nationality Act skmed^''aborer•s 
(66 Stat. 182; 8 U.S.C. 1182) is amended as follows: 
Admission con-
(a) Paragraph (14) is amended to read as follows: 
ditions. 
"Aliens seeking to enter the United States, for the purpose of per-
forming skilled or unskilled labor, unless the Secretary of Labor has 
determined and certified to the Secretary of State and to the Attorney 
General that (A) there are not sufficient workers in the United States 
who are able, willing, qualified, and available at the time of applica-
tion for a visa and admission to the United States and at the place to 
which the alien is destined to perform such skilled or unskilled labor, 
and (B) the employment of such aliens will not adversely affect the 
wages and working conditions of the workers in the United States 
similarly employed. 
The exclusion of aliens under this paragraph 
shall apply to special immigrants defined in section 101(a) (27) (A) 
^"'^' P- ^i^-
(other than the parents, spouses, or children of United States citizens 
918 
PUBLIC LAW 89-236-OCT. 3, 1965 
[79 STAT. 
Ante, 
p. 9 1 2 . 
66 Stat. 183. 
8 u s e 1182. 
Ante, p. 916. 
8 u s e 1201. 
8 u s e 1202. 
8 u s e 1204. 
8 u s e 1251. 
8 u s e 1253. 
Deportation 
suspension. 
Ante, p. 911. 
Adjustment of 
status. 
72 Stat. 699. 
or of aliens lawfully admitted to the United States for permanent resi-
dence), to preference immigrant aliens described in section 203(a) 
(3) and (6), and to nonpreference immigrant aliens described in 
section 203(a) (8);". 
(b) Paragraph (20] is amended by deleting the letter "(e)" 
and substituting therefor the letter "(a)". 
(c) Paragraph (21) is amended by deleting the word "quota". 
(d) Paragraph (24) is amended by deleting the language 
within the parentheses and substituting therefor the following: 
"other than aliens described in section 101(a) (27) (A) and (B)." 
SEC. 11. The Immigration and Nationality Act (66 Stat. 175; 8 
U.S.C. 1151) is amended as follows: 
(a) Section 221(a) is amended by deleting the words "the par-
ticular nonquota category in which the immigrant is classified, if 
a nonquota immigrant," and substituting in lieu thereof the words 
"the preference, nonpreference, immediate relative, or special 
immigration classification to which the alien is charged." 
(b) The fourth sentence of subsection 221(c) is amended by 
deleting the word "quota" preceding the word "number;" the 
word "quota" preceding the word "year;" and the words "a 
quota" preceding the word "immigrant," and substituting in lieu 
thereof the word "an". 
(c) Section 222(a) is amended by deleting the words "pref-
erence quota or a nonquota immigrant" and substituting in lieu 
thereof the words "an immediate relative within the meaning of 
section 201(b) or a preference or special immigrant". 
(d) Section 224 is amended to read as follows: "A consular 
officer may, subject to the limitations provided in section 221, issue 
an immigrant visa to a special immigrant or immediate relative 
as such upon satisfactory proof, under regulations prescribed 
under this Act, that the applicant is entitled to special immigrant 
or immediate relative status." 
(e) Section 241(a) (10) is amended by substituting for the 
words "Section 101(a) (27) (C)" the words "Section 101(a) (27) 
(f) Section 243(h) is amended by striking out "physical perse-
cution" and inserting in lieu thereof "persecution on account of 
race, religion, or political opinion". 
SEC. 12. Section 244 of the Immigration and Nationality Act (66 
Stat. 214; 8 U.S.C. 1254) is amended as follows: 
(a) Subsection (d) is amended to read: 
"(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 unless the alien is entitled to a 
special immigrant classification under section 101(a) (27) (A), or is 
an immediate relative within the meaning of section 201(b) the Sec-
retary of State shall reduce by one the number of nonpreference 
immigrant visas authorized to be issued under section 203 (^a) (8) for 
the fiscal year then current." 
(b) Subsection (f) is amended by inserting after the language 
"entered the United States as a crewman" the language "subsequent 
to June 30, 1964;". 
SEC. 13. Section 245 of the Immigration and Nationality Act (66 
Stat. 217; 8 U.S.C. 1255) is amended as follows: 
(a) Subsection (b) is amended to read: 
"(b) Upon the approval of an application for adjustment made 
under subsection (a), the Attorney General shall record the alien's 
lawful admission for permanent residence as of the date the order of 
79 STAT. ] 
PUBLIC LAW 89-236-OCT. 3, 1965 
919 
the Attorney General approving the application for the adjustment 
of status is made, and the Secretary of State shall reduce by one the 
number of the preference or nonpreference visas authorized to be 
issued under section 203(a) within the class to which the alien is 
^"'*' P- ''^^^ 
chargeable, for the fiscal year then current." 
^b) Subsection (c) is amended to read: 
^^us*c*i2^^5^" 
' (c) The provisions of this section shall not be applicable to any 
^ 
' ' 
alien who is a native of any country of the Western Hemisphere or 
of any adjacent island named in section 101(b) (6)." 
SEC. 14. Section 281 of the Immigration and Nationality Act (66 ^^^** 
Stat. 230; 8 U.S.C. 1351) is amended as follows: 
(a) Immediately after "SEC. 281." insert " ( a ) " ; 
(b) Paragraph (6) is amended to read as follows: 
"(6) For filing with the Attorney General of each petition under 
section 204 and section 214(c), $10; and"; 
_ 
_ 
Tusc^i iV/" 
(c) The following is inserted after paragraph (7), and is designated 
subsection (b) : 
"(b) The time and manner of payment of the fees specified in para-
graphs (1) and (2) of subsection (a) of this section, including but 
not limited to partial deposit or prepayment at the time of registra-
tion, shall be prescribed by the Secretary of State."; and 
(d) The paragraph beginning with the words "The fees * * * " is 
designated subsection (c). 
SEC, 15. (a) Paragraph (1) of section 212(a) of the Immigration 
and Nationality Act (66 Stat. 182; 8 U.S.C. 1182(a) (1)) is amended 
by deleting the language "feebleminded" and inserting the language 
"mentally retarded" in its place. 
(b) Paragraph (4) of section 212(a) of the Immigration and 
Nationality Act (66 Stat. 182; 8 U.S.C. 1182(a) (4)) is amended by 
deleting the word "epilepsy" and substituting the words "or sexual 
deviation". 
(c) Sections 212 (f), (g), and (h) of the Immigration and Nation-
ality Act, as added by the Act of September 26, 1961 (75 Stat. 654, 
655; 8 U.S.C. 1182), are hereby redesignated sections 212 (g), (h), 
and (i), respectively, and section 212(g) as so redesignated is amended 
by inserting before the words "afflicted with tuberculosis in any form" 
the following: "who is excludable from the United States under 
P
aragraph (1) of subsection (a) of this section, or any alien" and 
y adding at the end of such subsection the following sentence: "Any 
Efi^^i^nuy ^' 
alien excludable under paragraph (3) of subsection (a) of this section conditions. 
because of past history of mental illness who has one of the same 
family relationships as are prescribed in this subsection for aliens 
afflicted with tuberculosis and whom the Surgeon General of the 
United States Public Health Service finds to have been free of such 
mental illness for a period of time sufficient in the light of such history 
to demonstrate recovery shall be eligible for a visa in accordance with 
the terms of this subsection." 
SEC. 16. Sections 1, 2, and 11 of the Act of July 14, 1960 (74 Stat. 
Repeal. 
504-505), as amended by section 6 of the Act of June 28, 1962 (76 
s use iisa 
Stat. 124), are repealed. 
SEC. 17. Section 221 (g) of the Immigration and Nationality Act ^.Nonimmigrant 
(66 Stat. 192; 8 U.S.C. 1201(g)) is amended by deleting the period ^'sonding require. 
at the end thereof and adding the following: ": Provided further, ments. 
That a visa may be issued to an alien defined in section 101(a) 
(15) (B) or (F), if such alien is otherwise entitled to receive a visa, ^ "^^ i^o^-
upon receipt of a notice by the consular officer from the Attorney 
General of the giving of a bond with sufficient surety in such sum 
and containing such conditions as the consular officer shall prescribe, 
to insure that at the expiration of the time for which such alien has 
920 
PUBLIC LAW 89-236-OCT. 3, 1965 
[79 STAT. 
^\js*c*'i m • 
heen admitted by the Attorney General, as provided in section 214 (a), 
or upon failure to maintain the status under which he was admitted, 
or to maintain any status subsequently acquired under section 248 
8 use 1258. 
Qf ^jjg ^ct, such alien will depart from the United States." 
SEC. 18. So much of section 272(a) of the Immigration and Nation-
ality Act (66 Stat. 226; 8 U.S.C. 1322(a)) as precedes the words 
"shall pay to the collector of customs" is amended to read as follows: 
"SEC. 272. (a) Any person who shall bring to the United States 
an alien (other than an alien crewman) who is (1) mentally retarded, 
(2) insane, (3) afflicted with psychopathic personality, or with sexual 
deviation, (4) a chronic alcoholic, (5) afflicted with any dangerous 
contagious disease, or (6) a narcotic drug addict,". 
SEC. 19. Section 249 of the Immigration and Nationality Act (66 
72 Stat. 546. 
gtat. 219; 8 U.S.C. 1259) is amended by striking out "June 28, 1940" 
in clause (a) of such section and inserting in lieu thereof "June 30, 
1948." 
Effective date. 
QEC. 20. This Act shall become effective on the first day of the first 
month after the expiration of thirty days following the date of its 
enactment except as provided herein. 
sion^^n^wi^Te'^'^" 
^^^' ^^' ^^^ There is hereby established a Select Commission on 
Hemisphere^ immi- Westem Hemisphere Immigration (hereinafter referred to as the 
gi^^tio"- 
"Commission") to be composed of fifteen members. The President 
Establishment, 
gj^^ll appoint the Chairman of the Commission and four other members 
thereof. The President of the Senate, with the approval of the 
majority and minority leaders of the Senate, shall appoint five mem-
bers from the membership of the Senate. The Speaker of the House 
of Representatives, with the approval of the majority and minority 
leaders of the House, shall appoint five members from the membership 
of the House. Not more than three members appointed by the Presi-
dent of the Senate and the Speaker of the House of Representatives, 
respectively, shall be members of the same political party. 
A vacancy 
in the membership of the Commission shall be filled in the same 
manner as the original designation and appointment. 
^'""^y- 
(b) The Commission shall study the following matters: 
(1) Prevailing and projected demographic, technological, and 
economic trends, particularly as they pertain to Western Hemi-
sphere nations; 
(2) Present and projected unemployment in the United States, 
by occupations, industries, geographic areas and other factors, in 
relation to immigration from the Western Hemisphere; 
(3) The interrelationships between immigration, present and 
future, and existing and contemplated national and international 
programs and projects of Western Hemisphere nations, including 
programs and projects for economic and social development; 
(4) Tlie operation of the immigration laws of the United States 
as they pertain to Western Hemisphere nations, including the 
adjustment of status for Cuban refugees, with emphasis on the 
adequacy of such laws from the standpoint of fairness and from 
the standpoint of the impact of such laws on employment and 
working conditions within the United States; 
(5) The implications of the foregoing with respect to the 
security and international relations of Western Hemispliere 
nations; and 
(6) Any other matters which the Commission believes to be 
germane to the purposes for which it was established. 
Reports to Pres- 
(g) Ou or bcfore July 1, 1967, the Commission shall make a first 
report to the President and the Congress, and on or before January 
15, 1968, the Commission shall make a final report to the President 
and the Congress. Such reports shall include the recommendations 
ident and Con-
gress 
79 STAT. ] 
PUBLIC LAW 89-236-OCT. 3, 1965 
921 
of the Commission as to what changes, if any, are needed in the immi-
gration laws in the light of its study. 
The Commission's recom-
mendations shall include, but shall not be limited to, recommenda-
tions as to whether, and if so how, numerical limitations should be 
imposed upon immigration to the United States from the nations of 
the Western Hemisphere. 
In formulating its recommendations on 
the latter subject, the Commission shall give particular attention to 
the impact of such immigration on employment and working condi-
tions within the United States and to the necessity of preserving the 
special relationship of the United States with its sister Republics of 
the Western Hemisphere. 
(d) The life of the Commission shall expire upon the filing of its 
final report, except that the Commission may continue to function 
for up to sixty days thereafter for the purpose of winding up its 
affairs. 
(e) Unless legislation inconsistent herewith is enacted on or before 
June 30, 1968, in response to recommendations of the Commission or 
otherwise, the number of special immigrants within the meaning of 
section 101(a) (27) (A) of the Immigration and Nationality Act, as 
amended, exclusive of special immigrants who are immediate relatives 
of United States citizens as described in section 201(b) of that Act, 
shall not, in the fiscal year beginning July 1, 1968, or in any fiscal 
year thereafter, exceed a total of 120,000. 
(f) All Federal agencies shall cooperate fully with the Commission 
to the end that it may effectively carr^ out its duties. 
(g) Each member of the Commission who is not otherwise in the 
service of the Government of the United States shall receive the sum 
of $100 for each day spent in the work of the Commission, shall be 
paid actual travel expenses, and per diem in lieu of subsistence 
expenses, when away from his usual place of residence, in accordance 
with section 5 of the Administrative Expenses Act of 1946, as amended. 
Each member of the Commission who is otherwise in the service of 
the Government of the United States shall serve without compensa-
tion in addition to that received for such other service, but while 
engaged in the work of the Commission shall be paid actual travel 
expenses, when away from his usual place of residence, in accordance 
with the Administrative Expenses Act of 1946, as amended. 
(h) There is authorized to be appropriated, out of any money in the 
Treasury not otherwise appropriated, so much as may be necessary 
to carry out the provisions of this section. 
SEC. 22. (a) The designation of chapter 1, title II, is amended to 
read as follows: "CHAPTER 1—SELECTION SYSTEM". 
(b) The title preceding section 201 is amended to read as follows: 
"NUMERICAL LIMITATIONS". 
(c) The title preceding section 202 is amended to read as follows: 
"NUMERICAL LIMITATION TO ANY SINGLE FOREIGN STATE". 
(d) The title preceding section 203 is amended to read as follows: 
"ALLOCATION OF IMMIGRANT VISAS". 
(e) The title preceding section 204 is amended to read as follows: 
"PROCEDURE FOR GRANTING IMMIGRANT STATUS". 
(f) The title preceding section 205 is amended to read as follows: 
"REVOCATION OF APPROVAL OF PETITIONS". 
(g) The title preceding section 206 is amended to read as follows: 
"UNUSED IMMIGRANT VISAS". 
(h) The title preceding section 207 is repealed. 
(i) The title preceding section 224 of chapter 3, title II, is amended 
to read as follows: "IMMEDIATE RELATIVE AND SPECIAL IMMIGRANT 
VISAS". 
Termination. 
Ante, p. 916. 
Ante, p. 9 11. 
Compensation. 
60 Stat. 808; 
75 Stat. 339,340. 
5 u s e 73b..2. 
Appropri at ion. 
66 Stat. 17 5. 
49-850 0-66—61 
922 
PUBLIC LAW 89-237-OCT. 4, 1965 
[79 
STAT. 
66 Stat. 163. 
Repeal, 
75 Stat. 650. 
8 u s e 1101. 
(j) The title preceding section 249 is amended to read as follows: 
*'lffiCORD o r ADMISSION FOR PERMANENT RESIDENCE I N T H E CASE OF CER-
T A I N ALIENS W H O ENTERED T H E UNITED STATES PRIOR TO J U L Y 1, 1 9 2 4 , 
OR J U N E 3 0 , 1 9 4 8 " . 
SEC 23. (a) The table of contents (Title II—Immigration, chap-
ter 1) of the Immigration and Nationality Act, is amended to read as 
follows: 
"CHAPTER 1—SELECTION SYSTEM 
"Sec. 201. Numerical limitations. 
"Sec. 202. Numerical limitation to any single foreign state. 
"Sec. 203. Allocation of immigrant visas. 
"Sec. 204, Procedure for granting immigrant status. 
"Sec, 205, Revocation of approval of petitions. 
"Sec, 206. Unused imonigralnt visas." 
(b) The table of contents (Title II—Immigration, chapter 3) of 
the Immigration and Nationality Adt, is amended by changing the 
designation of section 224 to read as follows: 
"Sec. 224. Immediate relative and special immigrant visas." 
(c) The table of contents (Title II—Immigration, chapter 5) of the 
Immigration and Nationality Adt is amended by changing the desig-
nation of section 249 to read as follows: 
"Sec. 249. Record of admission for permanent residence in the case of certain 
aliens vsrho entered the United States prior to July 1, 1924, or June 
30, 1948." 
SEC 24. Paragraph (6) of section 101(b) is repealed. 
Approved October 3, 1965, 3:25 p.m. 
October 4, 1965 
[H, R, 4152] 
Public Law 89-237 
AN ACT 
To amend the Federal Farm Loan Act and the Farm Credit Act of 1933 to 
provide means for expediting the retirement of Government capital in the 
Federal intermediate credit banks, including an increase in the debt permitted 
such banks in relation to their capital and provision for the production credit 
associations to acquire additional capital stock therein, to provide for allocat-
ing certain earnings of such banks and associations to their users, and for 
other purposes. 
Federal Farm 
Loan Act and 
Farm Credit Act 
of 1933, amend-
ments. 
70 Stat. 663, 
49 Stat. 315, 
70 Stat. 660. 
Be it enacted hy the Senate and House of Refresentatvoes 
of the 
United States of America in Congress assembled, That the Federal 
Farm Loan Act, as amended, is hereby amended— 
(a) by inserting immediately before the semicolon at the end 
of paragraph (1) of section 202(a) thereof (12 U.S.C. 1031(1)) 
the following: "or without collateral to the extent authorized 
under rules and regulations prescribed by the Farm Credit Admin-
istration" ; 
(b) by striking out '•''Provided'''' and all that follows it in section 
203(a) thereof (12 U.S.C. 1041) and substituting therefor the 
following: ''''Provided, That the aggregate amount of the outstand-
ing debentures and similar obligations issued by the Federal 
intermediate credit banks shall not exceed twelve times the surplus 
and paid-in capital of all such banks."; 
(c) in section 205(a) thereof (12 U.S.C. 1061(a))— 
(i) by substituting "one-eighth" for "one-sixth" in the ninth 
sentence of para^rapn (1) ; and 
(ii) by inserting the following as two separate paragraphs 
between the eleventh and twelfth sentences of paragraph (2) : 
"Each Federal intermediate credit bank, with the approval of 
the Farm Credit Administration, may determine the amount of