Key Vote 101st Congress > Senate > Vote 313

Date: 1990-01-25

Result: 62-37 (Veto Sustained)

Clerk session vote number: 1

Vote Subject Matter: Foreign and Defense Policy / Foreign Policy Resolutions

Bill number: HR2712

Question: On Overriding the Veto

Description: A bill to facilitate the adjustment or change of status of Chinese nationals in the United States by waiving the 2-year foreign residence requirement for "J" nonimmigrants and by treating nonimmigrants, whose departure has been deferred by the Attorney General, as remaining in legal nonimmigrant status for purposes of adjustment or change of status.

Bill summary: Emergency Chinese Immigration Relief Act of 1989 - Waives the two-year home country residence requirement for nationals of the People's Republic of China (PRC) who: (1) are present in the United States on the date of enactment of this Act (or who would have been present but for a brief U.S. departure); (2) are on an exchange visitor (J) visa (student, teacher, research); and (3) apply for adjustment to immigrant status or change of nonimmigrant status within four years of enactment of this (...show more) Act. Presumes continuous U.S. residence for purposes of status adjustment or change of status for a national of the PRC who was in lawful U.S. nonimmigrant status as of June 5, 1989. Permits Chinese nationals lawfully present in the United States as of June 5, 1989, on an (F), (J), or (M) visa (student, exchange visitor, vocational student) to work. Requires the Attorney General to send explanatory notices of visa expirations (instead of deportation notices) to such aliens during the deferred departure period provided for under this Act. Requires that careful consideration be given to all applications for asylum, withholding of deportation, and refugee status filed by nationals of the PRC who express a fear of persecution upon return because of such country's "one couple, one child" policy. States that applicants who establish that they have refused to abort or be sterilized shall be considered to have established a well-founded fear of political persecution upon return to the PRC. Requires the Attorney General to promulgate implementing regulations within 60 days of enactment of this Act. Sets forth regulation guidelines.

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Bill titles: To facilitate the adjustment or change of status of Chinese nationals in the United States by waiving the 2-year foreign residence requirement for "J" nonimmigrants and by treating nonimmigrants, whose departure has been deferred by the Attorney General, as remaining in legal nonimmigrant status for purposes of adjustment or change of status.

Original source documents: Digest of the Congressional Record vol. 136, p. 382;

Links for more info on the vote: congress.gov

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