Immigration and Nationality Efficiency Act of 1979

Immigration and Nationality Efficiency Act of 1979 - Amends the Immigration and Nationality Act with regard to non-immigrant student status to: (1) limit its applicability to academic institutions; (2) authorize non-immigrant student status for vocational, language, or other recognized non-academic study (on the same entry basis as academic students); and (3) authorize the Attorney General to withdraw school approval for any satisfactory reason (presently limited to withdrawal for failure to make required reports). Eliminates from the definition of "ineligible to citizenship" persons exempt by treaty from United States military service. Eliminates (with a new ceiling to be added at a later date) the 290,000 annual worldwide ceiling on immigration to the United States. Eliminates (with a new ceiling to be added at a later date) the 20,000 annual national ceiling on immigration from contiguous nations (Mexico and Canada). Provides that unused visas by a contiguous country in any fiscal year shall be made available to the other contiguous country in the following year. Places a five year time limit (presently indefinite) on the requirement that aliens deported or removed from the United States must get the consent of the Attorney General in order to reapply for admission. Authorizes the Attorney General to admit aliens as immigrants if otherwise admissible except for specified defects in their immigrant papers, provided such inadmissibility was not known to such aliens and could not have been ascertained by the exercise of reasonable diligence. Revises re-entry permit provisions to authorize the issuance of such permit for a two-year non-renewable period (presently one year with up to a one year discretionary extension). Revises alien deportation and maintenance expense provisions to: (1) provide that deportation shall be to the country from which the alien boarded the vessel or airplane that brought him to the United States; and (2) provide that if such departure was from a foreign territory contiguous to the United States of which such alien was not a national or resident, then deportation shall be to the country from which such alien departed for such contiguous territory; (3) set forth guidelines for the Attorney General if a country is unwilling to accept a deportable alien. Makes the non-applicability of fraudulent entry deportation provisions to alien spouses, children, or parents of United States citizens or permanent residents discretionary with the Attorney General rather than mandatory. Eliminates, with regard to suspension of deportation proceedings, the requirement that the Attorney General report to Congress on all such proceedings, and the congressional role in approving or disapproving such suspensions. Provides that upon cancellation of such a deportation proceeding, the Attorney General shall record the alien's admission for permanent residence as of the date of such cancellation. Limits the ineligibility of such deportation suspension and status adjustment proceedings regarding non-immigrant exchange aliens to those aliens subject to the two-year foreign residence requirement. Revises non-immigrant change of classification provisions to: (1) prohibit the reclassification of alien finances; and (2) permit the reclassification of exchange visitors not subject to the two-year foreign residence requirement. Authorizes the Immigration and Naturalization Service to keep funds spent out of its appropriations for the purchase of evidence and subsequently recovered rather than depositing them into the United States Treasury. Makes aliens who have been relieved of United States military service obligations eligible for citizenship if their military exemption was pursuant to a treaty or other international agreement. Provides that such eligibility provision shall have retroactive effect. Provides that the spouse and dependent unmarried children of an alien who qualifies for certain naturalization residence requirement exceptions shall also qualify for such exceptions for the period they resided abroad as members of such alien's household. Removes: (1) the requirement that two witnesses verify an individual's naturalization petition; and (2) certain affidavit and proof of residence requirements for such petition. Repeals the provisions requiring witnesses to be present at a final hearing for naturalization and requiring a 30 day waiting period between the filing of a petition and the issuance of a certificate of naturalization. Requires the clerk of a naturalization court to pay to the Attorney General one-half of all fees up to $40,000 (presently $6,000), and all fees in excess of such amount, in a fiscal year.

Written by analysts at the Congressional Research Service and published on Congress.gov, not by Civibrief. Summarized at the "Introduced in House" stage on November 15, 1979. It describes the bill, it is not the legal text.

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