guage: "and except that a petition for naturalization may be filed in any court having naturalization jurisdiction by those persons who are in active service in the Armed Forces of the United States."

(c) Subsection (a) of section 316 of the Immigration and Nationality Act (66 Stat. 242; 8 U.S.C. 1427 (a)) is hereby amended by chainging the period at the end of that subsection to a comma and by adding the following additional language: "except that no period of State residence shall be required for persons who are in active service in the Armed Forces of the United States."

SEC. 18. Section 202(a)(5) of the Immigration and Nationality Act (66 Stat. 177; 8 U.S.C. 1152(a) (5)) is amended to read as follows:

"(5) notwithstanding the provisions of paragraphs (3) and (4) of this subsection, any alien who is attributable by as much as one-half of his ancestry to a people or peopies indigenous to the Asia-Pacific triange denfied in subsection (b) of this section, unless such aiien is entitled to a nonquota immigrant status under paragraph (27)(A), (27) (B), (27)(D), (27) (E), (27) (F), or (27) (G) of section 101(a), shall be chargeable to la quota as speci fied in subsection (b) of this section: Provided, That the spouse or child of an alien defined in section 101 (a) (27) (C), if accompanying of following to join him, shall be classified under section 101 (a) (27) (C), notwithstanding the provisions of subsection (b) of this section."

SEC. 19. Section 203 of the Immigration and Nationality Act (66 Stat. 178; 8 U.S.C. 1153) is amended to read as follows:

"ALLOCATION OF IMMIGRANT VISAS WITHIN QUOTAS

"SEC. 203. (a) Immigrant visas to quota immigrants shall be allotted in each fiscal year as follows:

"(1) The first 50 per centum of the quota of each quota area for such year, plus any portion of such quota not required for the issuance of immigrant visas to the classes specified in paragraphs (2) and (3), shall be made available for the issuance of immigrant visas (A) to qualified quota immigrants whose services are determined by the Attorney General to be needed urgently in the United States because of the high education, technical training, specialized experience, or exceptional ability of such immigrants and to be substantially beneficial prospectively to the national economy, cultural interests, or welfare of the United States, and (b) to qualified quota immigrants who are spouse or children of any immigrant described in clause (A) if accompanying or following to join him.

"(2) The next 20 per centum of the quota for each quota area for such year, plus any portion of such quota not required for the issuance of immigrant visas to the classes specified in paragraphs (1) and (3), shall be made available for the issuance of immigrant visas to qualified quota immigrants who are the parents of citizens of the United States, such citizens being at least twenty-one years of age or who are the unmarried sons or daughters of citizens of the United Statrs.

"(3) The next 20 per centum of the quota for each quota area for such year, plus any portion of such quota not required for the issuance of immi grant visas to the classes specified in paragraphs (1) and (2), shall be made available for the issuance of immigrant visas to qualified quota immigrants who are the spouses or the unmarried sons or daughters of aliens lawfully admitted for permanent residence.

"(4) The remaining 10 per centum of the quota for each quota area for such year, plus any portion of such quota not required for the issuance of immigrant visas to the classes specified in paragraphs (1), (2), and (3) shall be made available for the issuance of immigrant visas to qualified quota immigrants who are (A) the brothers, sisters, married sons or married daughters of citizens of the United States (such citizens being at least twenty-one years of age), and (B) the spouse and children of any immigrant described in clause (A) if accompanying or following to join him.

"(5) Any portion of the quota for each quota area for such year not required for the issuance of immigrant visas to the classes specified in paragraphs (1), (2), (3), and (4) shall be made available for the issuance of immigrant visas to other qualified quota immigrants chargeable to such quota. "(b) Quota immigrant visas issued pursuant to paragraph (1) of subsection (n) shall, in the case of each quota area, be issued to eligible quota immigrants in the order in which a petition on behalf of each such immigrant is filed with the Atorney General as provided in section 204; and shall be issued in the first calendar

month after receipt of notice of approval of such petition in which a quota number is available for an immigrant chargeable to such quota area.

"(c) Quota immigrant visas issued to aliens in the classes designated in paragraphs (2), (3), (4), and (5) of subsection (a) shall, in the case of each quota, be issued to qualified quota immigrants strictly in the chronological order in which such immigrants are registered in each class on quota waiting lists which shall be maintained for each quota in accordance with regulations prescribed by the Secretary of State.

"(d) In determining the order for consideration of applications for quota immigrant visas under subsection (a), consideration shall be given first to applications under paragraph (1), second to applications under paragraph (2), third to applications under paragraph (3), fourth to applications under paragraph (4), and fifth to applications under paragraph (5).

"(e) Every immigrant shall be presumed to be a quota immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and to the immigration officers, at the time of application for admission, that he is a nonquota immigrant. Every quota immigrant shall be presumed to be a nonpreference quota immigrant until he establishes to the satisfaction of the consular officer and the immigration officers that he is entitled to a preference quota status under paragraphs (1), (2), (3), or (4) of subsection (a)."

SEC. 20. The last paragraph of section 281 of the Immigration and Nationality Act (66 Stat. 231; 8 U.S.C. 1351) is amended to read as follows:

"The fees for the furnishing and verification of applications for visas by nonimmigrants of each foreign country and for the issuance of visas to nonimmigrants of each foreign country shall be prescribed by the Secretary of State, if practicable, in amounts corresponding to the total of all visa, entry, residence, or other similar fees, taxes, or charges assessed or levied against nationals of the United States by the foreign countries of which such nonimmigrants are nationals or stateless residents: Provided, That nonimmigrant visas issued to aliens coming to the United States in transit to and from the headquarters district of the United Nations in accordance with the provisions of the Headquarters Agreement shall be gratis."

SEC. 21. Paragraph (9) of section 212(a) of the Immigration and Nationality Act (66 Stat. 182; 8 U.S.C. 1182(a) (9)) is amended by changing the semicolon at the end to a period, and adding thereafter the following additional language: "Any alien who would be excludable because of the conviction of a misdemeanor classifiable as a petty offense under the provisions of section 1(3) of title 18, United States Code, by reason of the punishment actually imposed, or who would be excludable as one who admits the commission of an offense that is classifiable as a misdemeanor under the provisions of section 1(2) of title 18, United States Code, by reason of the punishment which might have been imposed upon him, may hereafter be granted a visa and admitted to the United States if otherwise admissible: Provided, That the alien has committed only one such offense;".

SEC. 22. Section 221(f) of the Immigration and Nationality Act (66 Stat. 192; 8 U.S.C. 1201 (f)) is amended by deleting from the second sentence the language "and until such time as it becomes practicable to issue individual documents, SEC. 23. Section 222 of the Immigration and Nationality Act (66 Stat. 193; 8 U.S.C. 1202) is amended by deleting from subsection (a) the language "race and ethnic classification;", and by deleting from subsection (c) the language "his race and ethnic classification;".

SEC. 24. (a) Section 353 of the Immigration and Nationality Act (66 Stat. 270; 8 U.S.C. 1485) is amended by striking out the period at the end of paragraph (10) and inserting in lieu thereof "; or" and by adding at the end thereof the following additional paragraph:

"(11) who is a veteran of the Spanish-American War, World War I, or World War II, and the spouse, children, and dependent parents of such veteran whether such residence in the territory of a foreign state or states commenced before or after the effective date of this Act: Provided, That the provisions of section 404 (c) of the Nationality Act of 1940, as amended, shall not be held to be or to have been applicable to veterans of World War II, and the spouse, children, and dependent parents of such veteran who are residing abroad with him."

(b) Paragraph (7) of section 353 of the Immigration and Nationality Act (66 Stat. 270; 8 U.S.C. 1485) is amended by changing the language "paragraph (2) of section 354 of this title" to read "paragraph (1) of section 354 of this title". SEC. 25. (a) Section 354 of the Immigration and Nationality Act (66 Stat. 271; 8 U.S.C. 1486) is amended by deleting paragraph (1), and by renumbering the present paragraphs (2), (3), (4), and (5) as paragraphs (1), (2), (3), and (4), respectively.

(b) Paragraph 2 of section 354 of the Immigration and Nationality Act (66 Stat. 271; 8 U.S.C. 1486), as so renumbered by subsection (a) of this section, is amended by changing the language "paragraphs (1), (2), or (4) of this section" to read "paragraphs (1) or (3) of this section."

(c) Paragraph (3) of section 354 of the Immigration and Nationality Act (66 Stat. 271; 8 U.S.C. 1486), as so renumbered by subsection (a) of this section, is amended by changing the language "or paragraph (2) of this section" to read "or paragraph (1) of this section".

SEC. 26. The proviso to section 223 (b) of the Immigration and Nationality Act (66 Stat. 194; 8 U.S.C. 1203(b)) is amended to read as follows: "Provided, That the Attorney General may in his discretion extend the validity of the permit for a period or periods not exceeding one year in the aggregate: Provided further, That the Attorney General may in his discretion extend the validity of the permit of a spouse or child of a member of the Armed Forces of the United States stationed abroad pursuant to official orders for such period or periods as the Attorney General shall deem appropriate. The permit shall be in such form as shall be by regulations prescribed for the complete identification of the alien."

SEC. 27. The Immigration and Nationality Act (66 Stat. 163; 8 U.S.C. 1101 and the following), is hereby amended by adding to title II the following new section:

"JUDICIAL REVIEW

"SEC. 293. (a) (1) Notwithstanding the provisions of the Administrative Procedure Act or any other law, including section 405(a) of this Act, the district courts of the United States shall have jurisdiction to review orders of deportation heretofore or hereafter made against aliens within the United States only as provided in this subsection. A deportation order shall not be reviewed by any court if the alien has not exhausted the administrative remedies for review of such order available to him as of right under the immigration laws and regulations or if he has departed from the United States after the issuance of the order. Subject to the provisions of this subsection, any alien held in custody pursuant to an order of deportation may obtain judicial review thereof by habeas corpus proceedings. Any alien against whom an order of deportation has been made after December 23, 1952, may, if not in custody pursuant to such order, obtain. judicial review by filing a petition for review in accordance with this subsection. Any judicial proceeding to review an order of deportation made after December 23, 1952, and prior to the date of the enactment of this subsection which is pending unheard in any district court of the United States on the date of the enactment of this subsection (other than a habeas corpus or criminal proceeding in which the validity of the deportation order has been challenged) shall be transferred for determination in accordance with this subsection to the district court having jurisdiction to entertain a petition for review under this subsection. "(2) A petition for review may be filed not later than six months from the time that all administrative remedies have been exhausted for the administrative review of the deportation order, or from the date of the enactment of this subsection, whichever is the later. The Attorney General may, upon a showing of good cause, extend the time in which such petition may be filed, but such extension may not exceed six months. No such petition or a petition for habeas corpus to review the validity of the order may be filed by an alien during the pendency of a criminal proceeding against such alien for violation of subsections (d) or (e) of section 242 of this Act. No petition for review or for habeas corpus shall be entertained if the validity of the deportation order has been previously determined in any civil or criminal proceeding, unless the petition presents grounds which the court finds could not have been presented in such prior proceeding or the court finds that the remedy provided by such prior proceeding was inadequate or ineffective to test the validity of the order. Every petition for review or for habeas corpus hereafter filed shall state whether the validity of the order of deportation has been upheld in any prior judicial proceeding and, if so, the nature and date thereof, and the court in which such proceeding took place. No petition for review or for habeas corpus may be withdrawn without the consent of the respondent and the court in which filed, which consent shall be entered in the record of the court. In any case in which consent to withdrawal of a petition is not granted, the court shall proceed to determine the petition and enter a final order accordingly.

"(3) A petition for review shall be entitled 'petitioner, against the Immigration and Naturalization Service, respondent'. The petition shall be filed in the United States district court for the district in which the administrative proceedings before a special inquiry officer under subsection (b) of section 242 of this Act were con

ducted in whole or in part, or in the district of his residence, but not in more than one district. Upon the filing of such a petition, two copies shall be served (personally or by registered mail) upon the United States attorney for the district in which the petition is filed and one copy upon the official of the Service in charge of the Service district in which the court is located. The service of the petition for review upon such official of the Service shall stay the deportation of the alien pending determination of the petition by the court, unless the court otherwise directs. The respondent shall file any appropriate motion or answer to the petition within thirty days after service of the petition upon the United States attorney, unless for cause shown additional time is allowed. Where necessary, the respondent shall produce in court the administrative record upon which the deportation order was made. The hearing and disposition of a petition for review shall be expedited in the same manner as is required in habeas corpus proceedings and, except on appeal, the Federal Rules of Civil Procedure shall not apply. Except as provided in paragraph (4) of this subsection, the petition shall be determined solely upon the administrative record upon which the deportation order is based and the Attorney General's findings of fact, if supported by reasonable, substantial, and probative evidence on the record considered as a whole, shall be conclusive.

"(4) Any person subject to an order of deportation who claims to be a national of the United States and makes a showing that his claim is not frivolous shall be entitled to have the issue of his nationality determined de novo by the district court in any applicable form of proceeding authorized by this subsection, but shall not be entitled to have such issue determined under section 360(a) of this Act or otherwise.

"(5) If the validity of a deportation order has not been judicially determined, its validity may be challenged in a criminal proceeding against the alien for violation of subsection (d) or (e) of section 242 of this Act only by separate motion for judicial review before trial. Such motion shall be determined by the court without a jury and before the trial of the general issue. Except as provided in paragraph (4) of this subsection, the determination shall be made soley upon the administrative record upon which the deportation order is based and the Attorney General's findings of fact, if supported by reasonable, substantial, and probative evidence on the record considered as a whole, shall be conclusive. If the deportation order is held invalid the court shall dismiss the indictment and the United States shall have have the right to appeal to the court of appeals within thirty days. The procedure on such appeal shall be as provided in the Federal Rules of Criminal Procedure. "(6) Nothing in this subsection shall be construed to require the Attorney General to defer deportation of an alien after the issuance of a deportation order because of the right of judicial review of the order accorded by this subsection, or to relieve any alien from compliance with subsections (d) and (e) of section 242 of this Act. Nothing in this subsection shall be construed to preclude the Attorney General from detaining or continuing to detain an alien or from taking him into custody pursuant to subsection (c) of section 242 of this Act at any time after the issuance of a deportation order.

(b) Notwithstanding the provisions of the Administrative Procedure Act or any other law, including section 405 (a) of this Act, an alien against whom a final order of exclusion has been made heretofore or hereafter under the provisions of section 236 of this Act or comparable provisions of any prior Act may obtain judicial review of such order by habeas corpus proceedings and not otherwise. An exclusion order shall not be reviewed by any court if the alien has not exhausted the administrative remedies for review of such order available to him as of right under the immigration laws and regulations or if he has departed from the United States after the issuance of the order."

SEC. 28. The following is hereby added in the proper place in the table of contents relating to chapter 9, title II, of the Immigration and Nationality Act

of 1952:

"Sec. 293. Judicial Review."

SEC. 29. The following Acts or parts of Acts are hereby repealed:

(1) Section 329 of the Immigration and Nationality Act (66 Stat. 250; 8 C.S.C. 1440); the reference to that section in the table of contents is deleted:

(2) Section 4 of the Act of June 30, 1950, as amended (64 Stat. 316; 65 Stat. 75: 66 Stat. 276; 69 Stat. 297; 8 U.S.C. 1440 note);

(3) Section 402(e) of the Immigration and Nationality Act (66 Stat. 276; 8 U.S.C. 1101 note).

[H.R. 4435, 88th Cong., 1st Sess.]

A BILL To amend the Immigration and Nationality Act, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 212(d) (5) of the Immigration and Nationality Act is hereby amended by striking out the period and adding the following: ": Provided, That the Attorney General, in his discretion, and under such conditions as he may prescribe, may admit as an immigrant, as of the date of actual entry, any such alien who, immediately prior to entry, shall have been serving as a member of the armed forces of the Union of Soviet Socialist Republics within the territorial limits of the Republic of Cuba: Provided further, That the Attorney General may pay to any alien so admitted as an immigrant after such service, out of moneys appropriated to the Attorney General and not otherwise obligated, such sums as may, in his discretion, be determined to be comparable to the pay and allowances to which such alien had been entitled as a member of the armed forces of the Union of Soviet Socialist Republics, but in no case more than the equivalent of such sums as would have been due such alien for a period of one year of such service: And provided further, That, having entered, or having sought entry to, the United States, and having elected not to apply for, or accept, admission as an immigrant pursuant to this subsection, on the basis of service in the armed forces of the Union of Soviet Socialist Republics within the territorial limits of the Republic of Cuba, any such alien may, in the discretion of the Attorney General be transported, at the expense of the United States, to any nation of such alien's choice as may signify willingness to grant entry to such alien."

STATEMENT OF HON. EDWARD J. PATTEN, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF NEW JERSEY

Mr. FEIGHAN. Our next witness will be our able colleague from New Jersey, Mr. Patten.

Mr. PATTEN. Thank you, Mr. Chairman.

To save your time and mine, could I put my prepared statement in the record?

Mr. FEIGHAN. We shall be very happy for you to do that. (Mr. Patten's prepared statement follows:)

Mr. Chairman and members of the subcommittee, for 121⁄2 years there has been a dark shadow cast upon the lawbooks of the U.S. Congress. It is a shadow which has harmed America and its prestige both at home and abroad. In a sense, it contradicts the myth of America's open "golden door." It rejects the "huddled masses, yearning to breathe free." It refutes our request for the "tired poor ***the homeless tempest-tos't." To the world's oppressed, the Statue of Liberty is a beacon and harbinger of New World freedom. In reality, though, the present immigration law mocks the worldwide dream of hope, justice, and opportunity.

Our unfair and unpopular immigration law discriminates against most nations of the world, weakening our position of world leadership and handing Moscow readymade anti-West propaganda on a silver platter.

Under the existing law, known to many as the McCarran-Walter Act, heavy priority is given to the countries of Great Britain, Ireland, and Germany. Yet, there were 41,600 unused vacancies in the British quota for fiscal 1962.

On the other hand, the countries of India, China, İsrael, Australia, New Zealand, and many others are allowed only 100 people per year. To people of these countries, "only in America" is a cruel fantasy.

Examine also the backlogs of other countries, where people are lined up on clogged waiting lists. Greece, with a quota of but 308, has a backlog of 104,537. Other countries in southern and eastern Europe face similar obstacles. Italy's quota of 5,666 must somehow be split up to cover 265,773 prospective emigrants. There are 63,029 who wish to leave Poland and come here; yet only 6,488 are allowed a year. Yugoslavia has an allocation of 942, but has a backlog of 33,729. Hungary lists 11,999 hopeful Americans to be with an annual quota of only 865. This situation is intolerable. I believe the best method of rectifying the injustice of the present immigration law is to enact H.R. 7700.