H.R. 3985 — what changed
Averting Loss of Life and Injury by Expediting SIVs Act of 2021
From Introduced in House to Received in Senate. 3 sections amended between Introduced in House and Received in Senate.
Section 1 Short title
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This Act may be cited as the “Averting Loss of Life and Injury by Expediting SIVs Act of 2021” or as the “Allies “ALLIES Act of 2021”.
Sec. 2 Improving Afghan special immigrant visa program
Evidence of serious threat— Section 602(b)(2) of the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note) is amended—
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in subparagraph (A)(iv), by striking “has experienced or is experiencing” and inserting “has asserted a credible basis for concern about the possibility of”;
renumbered
was (2)(3)
by striking subparagraph (E); and
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was (2)(4)
by redesignating subparagraph (F) as subparagraph (E).
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Activities for United States military personnel stationed at With International Security Assistance or Successor Force— Section 602(b)(2)(A)(ii)(II)(bb) of the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note) is amended by striking “sensitive and trusted”.
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Applicability—Afghans employed subject to a grant or cooperative agreement— The amendments made by this section shall apply to any application for special immigrant visas under Section 602(b)(2)(A)(ii)(I) of the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note) that are pending on is amended by inserting after “United States Government” the date of following “, including employment or other work in Afghanistan through a cooperative agreement or grant funded by the enactment United States Government if the Secretary of this Act or filed State determines, based on a recommendation from the Federal agency or after organization authorizing such date.funding, that such alien contributed to the United States mission in Afghanistan”.
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Eliminating duplicative processing requirements— Section 602(b) of the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note) is amended—
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in paragraph (1)—
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in the matter preceding subparagraph (A), by striking “, notwithstanding any other provision of law, the Secretary of State in consultation with the Secretary of Homeland Security” and inserting “the Secretary of State”; and
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in subparagraph (A), by striking “a petition for classification under section 203(b)(4) of such Act (8 U.S.C. 1153(b)(4))” and inserting “a request for such status in accordance with procedures established by the Secretary of Homeland Security and Secretary of State”; and
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in paragraph (2)—
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in subparagraph (A)(ii), by striking “petition” and inserting “request”; and
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in subparagraph (D)(i), by striking “petition” and inserting “request”.
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Strengthening protections for surviving spouses and children— Subparagraph (C) of section 602(b)(2) of the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note) is amended to read as follows:
added “(C) Surviving spouse or child—An alien is described in this subparagraph if—
added “(i) the alien was the spouse or child of a principal alien described in subparagraph (A) who had submitted a request for classification pursuant to this section or a petition pursuant to section 1059 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 8 U.S.C. 1101 note) which included the alien as an accompanying spouse or child; and
added “(ii) such request or petition—
added “(I) if approved, was revoked (or otherwise rendered null) due to the death of the principal alien; or
added “(II) if pending, is otherwise approvable but for the death of the principal alien.”
added
Applicability— The amendments made by this section shall apply to any requests for special immigration status, applications for special immigrant visas, or applications for adjustment of status under the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note) that are pending on the date of the enactment of this Act or filed on or after such date.
renumbered
was (5)
Rule of construction— The amendments made by this section shall not diminish, replace or override any vetting, verification of employment, approval by chief of mission, or any other screening process required for a special immigrant visa under the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note).
Sec. 3 Afghan Allies Protection Act
Section 602(b)(3) of the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note) is amended by adding at the end the following:
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“(G) Subsequent fiscal years—Beginning on the date of the enactment of this subparagraph, in addition to any unused balance under this paragraph, 8,000 principal aliens may be granted special immigrant status under this subsection. For purposes of status provided under this subparagraph the authority to issue visas or adjust status shall commence on the date of the enactment of this subparagraph and shall terminate on the date such visas visa numbers are exhausted.”