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The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress, and was published on Sep 29, 1986.
(Measure passed House, amended) Immigration Marriage Fraud Amendments of 1986 - Amends the Immigration and Nationality Act to establish a two-year conditional permanent resident status for alien spouses and their sons and daughters who become permanent residents through marriage or as immediate relatives. Subjects such aliens to deportation if the Attorney General determines within such two-year period that: (1) the marriage was entered into to evade the immigration laws; (2) the marriage has been judicially annulled or terminated (other than by death); or (3) a fee or other consideration was paid to secure such marriage. Authorizes the Attorney General to grant a hardship waiver. Grants aliens the right to contest such status revocation in a deportation hearing. Requires conditional aliens and spouses, in order to adjust to permanent resident status, to jointly file a petition and appear for an interview with the Attorney General (during the 90-day period before the end of the two-year conditional period) attesting that the marriage: (1) was legal; (2) has not been terminated; (3) was not entered into to evade the immigration laws; and (4) was not entered into for pay or other consideration. Requires additional information regarding residency and employment. Requires the Attorney General to act upon such petition within 90 days. Prohibits an alien who became a permanent resident through marriage from petitioning for permanent resident status for a subsequent spouse unless such petitioning alien has been a permanent resident for five years or can show that the prior marriage was not entered into to evade the immigration laws. Increases criminal penalties for marriage fraud. Requires a couple to have previously met within the past two years in order to receive a "K" (fiance) visa. Permits the Attorney General to waive such requirement. Bars any alien who has conspired or attempted to enter into a fraudulent marriage from entering the United States. Prohibits status adjustment during such conditional permanent resident period. Permits such an alien spouse to acquire immediate relative status or preference status by reason of such marriage only if he or she has resided outside the United States for a two-year period after the date of the marriage. Directs the Attorney General to report to the Congress within six months concerning the application of the two-year marriage fraud presumption. Amends the provision of such Act relating to exclusion for fraud or misrepresentation to preclude an alien from seeking any other benefit (under such Act) based upon such fraud or misrepresentation.
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