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1 VIRGIN ISLANDS NONIMMIGRANT ALIEN ADJUSTMENT ACT OF 1982 [Public Law 97–271, Sept. 30, 1982; 8 U.S.C. 1255 note, as amended by the Immigration Act of 1990] [As Amended Through P.L. 101–649, Enacted November 29, 1990] øCurrency: This publication is a compilation of the text of Public Law 97–271. It was last amended by the public law listed in the As Amended Through note above and below at the bottom of each page of the pdf version and reflects current law through the date of the enactment of the public law listed at https:// www.govinfo.gov/app/collection/comps/¿ øNote: While this publication does not represent an official version of any Federal statute, substantial efforts have been made to ensure the accuracy of its contents. The official version of Federal law is found in the United States Statutes at Large and in the United States Code. The legal effect to be given to the Statutes at Large and the United States Code is established by statute (1 U.S.C. 112, 204).¿ SHORT TITLE AND FINDINGS SECTION 1. (a) This Act may be cited as the ‘‘Virgin Islands Nonimmigrant Alien Adjustment Act of 1982’’. (b) Congress finds— (1) that in order to eliminate the uncertainty and insecu- rity of aliens who— (A) legally entered the Virgin Islands of the United States as nonimmigrants for employment under the tem- porary alien labor program, (B) have continued to reside in the Virgin Islands for long periods (some for as long as twenty years), and (C) have contributed to the economic, social, and cul- tural development of the Virgin Islands and have become an integral part of the society of the Virgin Islands, it is necessary and equitable to provide for the orderly adjust- ment of their immigration status to that of permanent resident aliens; and (2) because— (A) the Congress has special responsibility and author- ity with respect to the territories and the establishment of immigration policy, and (B)(i) the Virgin Islands is a small and densely popu- lated insular territory with limited resources, (ii) most of the aliens eligible for benefits under sec- tion 2 of this Act are natives of islands in the Caribbean and have relatives residing in such islands, and such rel- atives, if they were permitted to immigrate to the United States, are likely to settle in the Virgin Islands, and (iii) the admission of a significant number of these rel- atives would have a severe and detrimental impact on the VerDate Mar 15 2010 15:13 Oct 01, 2019 Jkt 000000 PO 00000 Frm 00001 Fmt 9001 Sfmt 9001 G:\COMP\INA\VINAAAO1.BEL HOLC October 1, 2019 G:\COMP\INA\VIRGIN ISLANDS NONIMMIGRANT ALIEN ADJUSTMENT ....XML As Amended Through P.L. 101-649, Enacted November 29, 1990 2 Sec. 2 VIRGIN ISLANDS NONIMMIGRANT ALIEN ADJUSTMENT limited health, education, housing, and other services available in the Virgin Islands, there is a necessary and compelling need to prevent a sec- ondary migration of a significant number of such relatives to the Virgin Islands. ADJUSTMENT OF IMMIGRATION STATUS SEC. 2. (a) The status of any alien described in subsection (b) may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if the alien— (1) makes application for such adjustment during the one-year period beginning on the date of the enactment of this Act, (2) is otherwise eligible to receive an immigrant visa and is otherwise admissible to the United States for per- manent residence, except for the grounds of exclusion spec- ified in paragraphs (14), (20), (21), (25), and (32), of section 212(a) of the Immigration and Nationality Act (hereinafter in this Act referred to as ‘‘the Act’’), and (3) is physically present in the Virgin Islands of the United States at the time of filing such application for ad- justment. If such an alien has filed such an application and is or be- comes deportable for failure to maintain nonimmigrant status, the Attorney General shall defer the deportation of the alien until final action is taken on the alien’s applica- tion for adjustment. (b) The benefits provided by subsection (a) apply to any alien who— (1) was inspected and admitted to the Virgin Islands of the United States either as a nonimmigrant alien worker under section 101(a)(15)(H)(ii) of the Act or as a spouse or minor child of such worker, and (2) has resided continuously in the Virgin Islands of the United States since June 30, 1975. (c)(1) The numerical limitations described in sections 201(a) and 202 of the Act shall not apply to an alien’s adjustment of sta- tus under this section. Such adjustment of status shall not result in any reduction in the number of aliens who may acquire the sta- tus of an alien lawfully admitted to the United States for perma- nent residence under the Act. (2) The Secretary of State, in his discretion and after consulta- tion with the Secretary of the Interior and the Governor of the Vir- gin Islands of the United States, may limit the number of immi- grant visas that may be issued in any fiscal year to aliens with re- spect to whom second preference petitions (filed by aliens who have had their status so adjusted) are approved. (3) Notwithstanding any other provision of law, no alien shall be eligible to receive an immigrant visa (or to otherwise acquire the status of an alien lawfully admitted to the United States for per- manent residence)— VerDate Mar 15 2010 15:13 Oct 01, 2019 Jkt 000000 PO 00000 Frm 00002 Fmt 9001 Sfmt 9001 G:\COMP\INA\VINAAAO1.BEL HOLC October 1, 2019 G:\COMP\INA\VIRGIN ISLANDS NONIMMIGRANT ALIEN ADJUSTMENT ....XML As Amended Through P.L. 101-649, Enacted November 29, 1990 3 Sec. 4 VIRGIN ISLANDS NONIMMIGRANT ALIEN ADJUSTMENT 1 § 162(e)(6) of the Immigration Act of 1990 (P.L. 101–649, Nov. 29, 1990, 104 Stat. 5011) in- serted the matter beginning with ‘‘(as in effect’’ (A) by virtue of a fourth or fifth preference petition filed by an individual who had his status adjusted under this sec- tion unless the individual establishes to the satisfaction of the Attorney General that exceptional and extremely unusual hardship exists for permitting the alien to receive such visa (or otherwise acquire such status); or (B) by virtue of a second preference petition filed by an in- dividual who was admitted to the United States as an immi- grant by virtue of an immediate relative petition filed by the son or daughter of the individual, if that son or daughter had his or her status adjusted under this section. (4) For purposes of this subsection, the terms ‘‘second pref- erence petition’’, ‘‘fourth preference petition’’, ‘‘fifth preference peti- tion’’, and ‘‘immediate relative petition’’ mean, in the case of an alien, a petition filed under section 204(a) of the Act to grant pref- erence status to the alien by reason of the relationship described in section 203(a)(2), 203(a)(4), 203(a)(5), or 201(b), respectively, of the Act (as in effect 1 before October 1, 1991) or by reason of the relationship described in section 203(a)(2), 203(a)(3), or 203(a)(4), or 201(b)(2)(A)(i), respectively, of such Act (as in effect on or after such date). (d) Except as otherwise specifically provided in this section, the definitions contained in the Act shall apply in the administration of this section. Nothing contained in this Act shall be held to re- peal, amend, alter, modify, effect, or restrict the powers, duties, functions, or authority of the Attorney General in the administra- tion and enforcement of the Act or any other law relating to immi- gration, nationality, and naturalization. The fact that an alien may be eligible to be granted the status of having been lawfully admit- ted for permanent residence under this section shall not preclude him from seeking such status under any other provision of law for which he may be eligible. TERMINATION OF TEMPORARY WORKER PROGRAM IN THE VIRGIN ISLANDS SEC. 3. Notwithstanding any other provision of law, on and after the date of the enactment of this Act the Attorney General shall not approve any petition filed under section 214(c) of the Act in the case of importing any alien as a nonimmigrant under section 101(a)(15)(H)(ii) of such Act for employment in the Virgin Islands of the United States other than for employment as an entertainer or as an athlete and for a period not exceeding forty-five days. IMPACT ASSESSMENT AND REPORT SEC. 4. The Secretaries of Health and Human Services, Edu- cation, Housing and Urban Development, Labor, and the Interior, and the Attorney General, in consultation with officials of the Gov- ernment of the Virgin Islands of the United States and within such amounts as may otherwise be available through appropriations, shall jointly assess the impact on the Government of the Virgin Is- VerDate Mar 15 2010 15:13 Oct 01, 2019 Jkt 000000 PO 00000 Frm 00003 Fmt 9001 Sfmt 9001 G:\COMP\INA\VINAAAO1.BEL HOLC October 1, 2019 G:\COMP\INA\VIRGIN ISLANDS NONIMMIGRANT ALIEN ADJUSTMENT ....XML As Amended Through P.L. 101-649, Enacted November 29, 1990 4 Sec. 4 VIRGIN ISLANDS NONIMMIGRANT ALIEN ADJUSTMENT lands of providing health, education, housing, and other social serv- ices to individuals whose status is adjusted under section 2 of this Act (and to relatives of such individuals who enter the Virgin Is- lands as a result of such adjustment) and the need for assistance to the Government of the Virgin Islands to assist it in meeting the needs of these individuals and relatives. They shall, within one year after the date of the enactment of this Act, report to the Presi- dent and the Congress on the results of their assessment and on any recommendations for changes in legislation which may be ap- propriate. VerDate Mar 15 2010 15:13 Oct 01, 2019 Jkt 000000 PO 00000 Frm 00004 Fmt 9001 Sfmt 9001 G:\COMP\INA\VINAAAO1.BEL HOLC October 1, 2019 G:\COMP\INA\VIRGIN ISLANDS NONIMMIGRANT ALIEN ADJUSTMENT ....XML As Amended Through P.L. 101-649, Enacted November 29, 1990