LEGISLATIVE UPDATE

At the end of this week there remained several immigration bills that have been passed by Congress and wait only for the President’s signature to become law.  These bills are as follows.

H.R. 2883, the Child Citizenship Act of 2000.  This law would make significant changes to the rules for acquiring US citizenship. Under it, any noncitizen under age 18 who has one citizen parent and is residing in the US as a permanent resident in the custody of the citizen parent will automatically become a citizen. The law will apply to both natural and adopted children. Under the previous version of the law, both parents must be citizens for a noncitizen child under 18 to automatically acquire citizenship. The law will also allow citizen parents to petition for naturalization of noncitizen children who are not living in the US.  The law would also change the good moral character requirements for naturalization.  Making a false claim of citizenship or registering to vote is currently a sign that a person lacks good moral character.  The law would create an exception for people who had a reasonable belief that they were US citizens.

H.R. 2961, the International Patients Act of 2000.  This bill will create a three-year pilot program in which voluntary departure may be extended for up to three years for people who enter the US under the visa waiver program and are receiving medical treatment.  The law is limited to 300 beneficiaries per year.

H.R. 3244, the Victims of Trafficking and Violence Protection Act of 2000.  This bill would create a new nonimmigrant visa for women and child victims of human trafficking.  There would be an annual limit of 5,000 visas.  The bill also contains provisions to improve access to the Violence Against Women Act for battered immigrant women and children and makes it easier for them to petition on their own behalf without being tied to a sponsor who has battered them.

H.R. 3767, the Visa Waiver Permanent Program.  This bill makes the Visa Waiver Pilot Program permanent.  It also creates a special immigration status for employees of INTELSAT, a satellite communications company which until recently was controlled by various governments, but is now in the process of privatizing.  This will allow INTELSAT employees to maintain valid nonimmigrant status after the company change.  The bill also extends the immigrant investor pilot program until September 30, 2003.  Finally, the bill eases the requirements for filing an amended H-1B petition because of corporate restructuring.  In cases where the new entity succeeds to the interests and obligations of the original petitioning employer and where the terms and conditions of employment remain the same but for the identity of the employer, a new petition is not required.

H.R. 4068, the Religious Workers Act of 2000.  This bill extends the special immigrant religious worker visa program for three more years, until September 30, 2003.

H.R. 4681 provides for the adjustment of status of certain Syrian nationals in the US, specifically Jewish Syrians who arrived in the US after December 31, 1991, and were permitted to leave Syria by the Syrian Government.  Only 2,000 people may adjust their status under this provision.  The visas issued under it will not be counted against the otherwise available immigrant visas.

H.R. 5234 will amend the Hmong Veterans Naturalization Act to make widows of veterans eligible for citizenship under the act, which exempts applicants from the English language requirement.  

S. 2812 would provide for a waiver of the oath of allegiance required for naturalization for applicants whose disability prevents them from understanding the oath.

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S. 3239, introduced by Sen. Jesse Helms (R-NC) on October 25 and passed by the Senate that same day, creates a special immigrant category for employees of the International Broadcasting Bureau of the Broadcasting Board of Governors.  There will an annual limit of 100 such visas.  The bill was presented to the House Judiciary Committee on October 26.

H.R. 5448, introduced by Rep. Lamar Smith (R-TX), would give priority to family based immigrants with certain educational attainments, and would require diversity immigrants to have a bachelor’s degree.

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