SEC. 801. U Nonimmigrant Definition.
Section 101(a)(15)(U)(iii) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(U)(iii)) is amended by inserting “ stalking;” after “ sexual exploitation;”.
Title VIII — Protection of Battered Immigrants
TITLE VIII Protection of Battered Immigrants
SEC. 802. Annual Report on Immigration Applications Made by Victims of Abuse.
Not later than December 1, 2014, and annually thereafter, the Secretary of Homeland Security shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report that includes the following:
The number of aliens who—
submitted an application for nonimmigrant status under paragraph (15)(T)(i), (15)(U)(i), or (51) of section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)) during the preceding fiscal year;
were granted such nonimmigrant status during such fiscal year; or
were denied such nonimmigrant status during such fiscal year.
The mean amount of time and median amount of time to adjudicate an application for such nonimmigrant status during such fiscal year.
The mean amount of time and median amount of time between the receipt of an application for such nonimmigrant status and the issuance of work authorization to an eligible applicant during the preceding fiscal year.
The number of aliens granted continued presence in the United States under section 107(c)(3) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105(c)(3)) during the preceding fiscal year.
A description of any actions being taken to reduce the adjudication and processing time, while ensuring the safe and competent processing, of an application described in paragraph (1) or a request for continued presence referred to in paragraph (4).
SEC. 803. Protection for Children of Vawa Self-Petitioners.
Section 204(l)(2) of the Immigration and Nationality Act (8 U.S.C. 1154(l)(2)) is amended—
in subparagraph (E), by striking “ or” at the end;
by redesignating subparagraph (F) as subparagraph (G); and
by inserting after subparagraph (E) the following:
“(F) a child of an alien who filed a pending or approved petition for classification or application for adjustment of status or other benefit specified in section 101(a)(51) as a VAWA self-petitioner; or”
SEC. 804. Public Charge.
Section 212(a)(4) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(4)) is amended by adding at the end the following:
“(E) Special rule for qualified alien victims.—Subparagraphs (A), (B), and (C) shall not apply to an alien who—
“(i) is a VAWA self-petitioner;
“(ii) is an applicant for, or is granted, nonimmigrant status under section 101(a)(15)(U); or
“(iii) is a qualified alien described in section 431(c) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(c)).”
SEC. 805. Requirements Applicable to U Visas.
In General.— Section 214(p) of the Immigration and Nationality Act (8 U.S.C. 1184(p)) is amended by adding at the end the following:
“(7) Age determinations.—
“(A) Children.—An unmarried alien who seeks to accompany, or follow to join, a parent granted status under section 101(a)(15)(U)(i), and who was under 21 years of age on the date on which such parent petitioned for such status, shall continue to be classified as a child for purposes of section 101(a)(15)(U)(ii), if the alien attains 21 years of age after such parent’s petition was filed but while it was pending.
“(B) Principal aliens.—An alien described in clause (i) of section 101(a)(15)(U) shall continue to be treated as an alien described in clause (ii)(I) of such section if the alien attains 21 years of age after the alien’s application for status under such clause (i) is filed but while it is pending.”
Effective Date.— The amendment made by subsection (a) shall take effect as if enacted as part of the Victims of Trafficking and Violence Protection Act of 2000 (Public Law 106–386; 114 Stat. 1464).
SEC. 806. Hardship Waivers.
In General.— Section 216(c)(4) of the Immigration and Nationality Act (8 U.S.C. 1186a(c)(4)) is amended—
in subparagraph (A), by striking the comma at the end and inserting a semicolon;
in subparagraph (B), by striking “ (1), or” and inserting “ (1); or”;
in subparagraph (C), by striking the period at the end and inserting a semicolon and “ or”; and
by inserting after subparagraph (C) the following:
“(D) the alien meets the requirements under section 204(a)(1)(A)(iii)(II)(aa)(BB) and following the marriage ceremony was battered by or subject to extreme cruelty perpetrated by the alien’s intended spouse and was not at fault in failing to meet the requirements of paragraph (1).”
Technical Corrections.— Section 216(c)(4) of the Immigration and Nationality Act (8 U.S.C. 1186a(c)(4)), as amended by subsection (a), is further amended—
in the matter preceding subparagraph (A), by striking “ The Attorney General, in the Attorney General’s” and inserting “ The Secretary of Homeland Security, in the Secretary’s”; and
in the undesignated paragraph at the end—
in the first sentence, by striking “ Attorney General” and inserting “ Secretary of Homeland Security”;
in the second sentence, by striking “ Attorney General” and inserting “ Secretary”;
in the third sentence, by striking “ Attorney General.” and inserting “ Secretary.”; and
in the fourth sentence, by striking “ Attorney General” and inserting “ Secretary”.
SEC. 807. Protections for a Fiancée or Fiancé of a Citizen.
in subsection (d)—
in paragraph (1), by striking “ crime.” and inserting “ crime described in paragraph (3)(B) and information on any permanent protection or restraining order issued against the petitioner related to any specified crime described in paragraph (3)(B)(i).”;
in paragraph (2)(A), in the matter preceding clause (i)—
by striking “ a consular officer” and inserting “ the Secretary of Homeland Security”; and
by striking “ the officer” and inserting “ the Secretary”; and
in paragraph (3)(B)(i), by striking “ abuse, and stalking.” and inserting “ abuse, stalking, or an attempt to commit any such crime.”; and
in subsection (r)—
in paragraph (1), by striking “ crime.” and inserting “ crime described in paragraph (5)(B) and information on any permanent protection or restraining order issued against the petitioner related to any specified crime described in subsection (5)(B)(i).”; and
by amending paragraph (4)(B)(ii) to read as follows:
“(ii) To notify the beneficiary as required by clause (i), the Secretary of Homeland Security shall provide such notice to the Secretary of State for inclusion in the mailing to the beneficiary described in section 833(a)(5)(A)(i) of the International Marriage Broker Regulation Act of 2005 (8 U.S.C. 1375a(a)(5)(A)(i)).”
; and
in paragraph (5)(B)(i), by striking “ abuse, and stalking.” and inserting “ abuse, stalking, or an attempt to commit any such crime.”.
Provision of Information to K Nonimmigrants.— Section 833 of the International Marriage Broker Regulation Act of 2005 (8 U.S.C. 1375a) is amended—
in subsection (a)(5)(A)—
in clause (iii)—
by striking “ State any” and inserting “ State, for inclusion in the mailing described in clause (i), any”; and
by striking the last sentence; and
by adding at the end the following:
“(iv) The Secretary of Homeland Security shall conduct a background check of the National Crime Information Center’s Protection Order Database on each petitioner for a visa under subsection (d) or (r) of section 214 of the Immigration and Nationality Act (8 U.S.C. 1184). Any appropriate information obtained from such background check—
“(I) shall accompany the criminal background information provided by the Secretary of Homeland Security to the Secretary of State and shared by the Secretary of State with a beneficiary of a petition referred to in clause (iii); and
“(II) shall not be used or disclosed for any other purpose unless expressly authorized by law.
“(v) The Secretary of Homeland Security shall create a cover sheet or other mechanism to accompany the information required to be provided to an applicant for a visa under subsection (d) or (r) of section 214 of the Immigration and Nationality Act (8 U.S.C. 1184) by clauses (i) through (iv) of this paragraph or by clauses (i) and (ii) of subsection (r)(4)(B) of such section 214, that calls to the applicant’s attention—
“(I) whether the petitioner disclosed a protection order, a restraining order, or criminal history information on the visa petition;
“(II) the criminal background information and information about any protection order obtained by the Secretary of Homeland Security regarding the petitioner in the course of adjudicating the petition; and
“(III) whether the information the petitioner disclosed on the visa petition regarding any previous petitions filed under subsection (d) or (r) of such section 214 is consistent with the information in the multiple visa tracking database of the Department of Homeland Security, as described in subsection (r)(4)(A) of such section 214.”
; and
in subsection (b)(1)(A), by striking “ or” after “ orders” and inserting “ and”.
SEC. 808. Regulation of International Marriage Brokers.
Implementation of the International Marriage Broker Act of 2005.—
Findings.— Congress finds the following:
The International Marriage Broker Act of 2005 (subtitle D of Public Law 109–162; 119 Stat. 3066) has not been fully implemented with regard to investigating and prosecuting violations of the law, and for other purposes.
Six years after Congress enacted the International Marriage Broker Act of 2005 to regulate the activities of the hundreds of for-profit international marriage brokers operating in the United States, the Attorney General has not determined which component of the Department of Justice will investigate and prosecute violations of such Act.
Report.— Not later than 90 days after the date of the enactment of this Act, the Attorney General shall submit to Congress a report that includes the following:
The name of the component of the Department of Justice responsible for investigating and prosecuting violations of the International Marriage Broker Act of 2005 (subtitle D of Public Law 109–162; 119 Stat. 3066) and the amendments made by this Act.
A description of the policies and procedures of the Attorney General for consultation with the Secretary of Homeland Security and the Secretary of State in investigating and prosecuting such violations.
Technical Correction.— Section 833(a)(2)(H) of the International Marriage Broker Regulation Act of 2005 (8 U.S.C. 1375a(a)(2)(H)) is amended by striking “ Federal and State sex offender public registries” and inserting “ the National Sex Offender Public Website”.
Regulation of International Marriage Brokers.— Section 833(d) of the International Marriage Broker Regulation Act of 2005 (8 U.S.C. 1375a(d)) is amended—
by amending paragraph (1) to read as follows:
“(1) Prohibition on marketing of or to children.—
“(A) In general.—An international marriage broker shall not provide any individual or entity with the personal contact information, photograph, or general information about the background or interests of any individual under the age of 18.
“(B) Compliance.—To comply with the requirements of subparagraph (A), an international marriage broker shall—
“(i) obtain a valid copy of each foreign national client’s birth certificate or other proof of age document issued by an appropriate government entity;
“(ii) indicate on such certificate or document the date it was received by the international marriage broker;
“(iii) retain the original of such certificate or document for 7 years after such date of receipt; and
“(iv) produce such certificate or document upon request to an appropriate authority charged with the enforcement of this paragraph.”
in paragraph (2)—
in subparagraph (A)(i)—
in the heading, by striking “ registries.—” and inserting “ website.—”; and
by striking “ Registry or State sex offender public registry,” and inserting “ Website,”; and
in subparagraph (B)(ii), by striking “ or stalking.” and inserting “ stalking, or an attempt to commit any such crime.”;
in paragraph (3)—
in subparagraph (A)—
in clause (i), by striking “ Registry, or of the relevant State sex offender public registry for any State not yet participating in the National Sex Offender Public Registry, in which the United States client has resided during the previous 20 years,” and inserting “ Website”; and
in clause (iii)(II), by striking “ background information collected by the international marriage broker under paragraph (2)(B);” and inserting “ signed certification and accompanying documentation or attestation regarding the background information collected under paragraph (2)(B);”; and
by striking subparagraph (C);
in paragraph (5)—
in subparagraph (A)(ii), by striking “ A penalty may be imposed under clause (i) by the Attorney General only” and inserting “ At the discretion of the Attorney General, a penalty may be imposed under clause (i) either by a Federal judge, or by the Attorney General”;
by amending subparagraph (B) to read as follows:
“(B) Federal criminal penalties.—
“(i) Failure of international marriage brokers to comply with obligations.—Except as provided in clause (ii), an international marriage broker that, in circumstances in or affecting interstate or foreign commerce, or within the special maritime and territorial jurisdiction of the United States—
“(I) except as provided in subclause (II), violates (or attempts to violate) paragraph (1), (2), (3), or (4) shall be fined in accordance with title 18, United States Code, or imprisoned for not more than 1 year, or both; or
“(II) knowingly violates or attempts to violate paragraphs (1), (2), (3), or (4) shall be fined in accordance with title 18, United States Code, or imprisoned for not more than 5 years, or both.
“(ii) Misuse of information.—A person who knowingly discloses, uses, or causes to be used any information obtained by an international marriage broker as a result of a requirement under paragraph (2) or (3) for any purpose other than the disclosures required under paragraph (3) shall be fined in accordance with title 18, United States Code, or imprisoned for not more than 1 year, or both.
“(iii) Fraudulent failures of united states clients to make required self-disclosures.—A person who knowingly and with intent to defraud another person outside the United States in order to recruit, solicit, entice, or induce that other person into entering a dating or matrimonial relationship, makes false or fraudulent representations regarding the disclosures described in clause (i), (ii), (iii), or (iv) of subsection (d)(2)(B), including by failing to make any such disclosures, shall be fined in accordance with title 18, United States Code, imprisoned for not more than 1 year, or both.
“(iv) Relationship to other penalties.—The penalties provided in clauses (i), (ii), and (iii) are in addition to any other civil or criminal liability under Federal or State law to which a person may be subject for the misuse of information, including misuse to threaten, intimidate, or harass any individual.
“(v) Construction.—Nothing in this paragraph or paragraph (3) or (4) may be construed to prevent the disclosure of information to law enforcement or pursuant to a court order.”
; and
in subparagraph (C), by striking the period at the end and inserting “ including equitable remedies.”;
by redesignating paragraphs (6) and (7) as paragraphs (7) and (8), respectively; and
by inserting after paragraph (5) the following:
“(6) Enforcement.—
“(A) Authority.—The Attorney General shall be responsible for the enforcement of the provisions of this section, including the prosecution of civil and criminal penalties provided for by this section.
“(B) Consultation.—The Attorney General shall consult with the Director of the Office on Violence Against Women of the Department of Justice to develop policies and public education designed to promote enforcement of this section.”
GAO Study and Report.— Section 833(f) of the International Marriage Broker Regulation Act of 2005 (8 U.S.C. 1375a(f)) is amended—
in the subsection heading, by striking “ Study and Report.—” and inserting “ Studies and Reports.—”; and
by adding at the end the following:
“(4) Continuing impact study and report.—
“(A) Study.—The Comptroller General shall conduct a study on the continuing impact of the implementation of this section and of section of 214 of the Immigration and Nationality Act (8 U.S.C. 1184) on the process for granting K nonimmigrant visas, including specifically a study of the items described in subparagraphs (A) through (E) of paragraph (1).
“(B) Report.—Not later than 2 years after the date of the enactment of the Violence Against Women Reauthorization Act of 2013, the Comptroller General shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report setting forth the results of the study conducted under subparagraph (A).
“(C) Data collection.—The Attorney General, the Secretary of Homeland Security, and the Secretary of State shall collect and maintain the data necessary for the Comptroller General to conduct the study required by paragraph (1)(A).”
SEC. 809. Eligibility of Crime and Trafficking Victims in the Commonwealth of the Northern Mariana Islands to Adjust Status.
Section 705(c) of the Consolidated Natural Resources Act of 2008 (Public Law 110–229; 48 U.S.C. 1806 note), is amended by striking “ except that,” and all that follows through the end, and inserting the following:
“(1) for the purpose of determining whether an alien lawfully admitted for permanent residence (as defined in section 101(a)(20) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(20)) has abandoned or lost such status by reason of absence from the United States, such alien’s presence in the Commonwealth, before, on or after November 28, 2009, shall be considered to be presence in the United States; and
“(2) for the purpose of determining whether an alien whose application for status under subparagraph (T) or (U) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) was granted is subsequently eligible for adjustment under subsection (l) or (m) of section 245 of such Act (8 U.S.C. 1255), such alien’s physical presence in the Commonwealth before, on, or after November 28, 2009, and subsequent to the grant of the application, shall be considered as equivalent to presence in the United States pursuant to a nonimmigrant admission in such status.”
SEC. 810. Disclosure of Information for National Security Purposes.
Information Sharing.— Section 384(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1367(b)) is amended—
in paragraph (1)—
by inserting “ Secretary of Homeland Security or the” before “ Attorney General may”; and
by inserting “ Secretary’s or the” before “ Attorney General’s discretion”;
in paragraph (2)—
by inserting “ Secretary of Homeland Security or the” before “ Attorney General may”;
by inserting “ Secretary or the” before “ Attorney General for”; and
by inserting “ in a manner that protects the confidentiality of such information” after “ law enforcement purpose”;
in paragraph (5), by striking “ Attorney General is” and inserting “ Secretary of Homeland Security and the Attorney General are”; and
by adding at the end a new paragraph as follows:
“(8) Notwithstanding subsection (a)(2), the Secretary of Homeland Security, the Secretary of State, or the Attorney General may provide in the discretion of either such Secretary or the Attorney General for the disclosure of information to national security officials to be used solely for a national security purpose in a manner that protects the confidentiality of such information.”
Guidelines.— Section 384(d) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1367(d)) is amended—
by inserting “ , Secretary of State,” after “ The Attorney General”;
by inserting “ , Department of State,” after “ Department of Justice”; and
by inserting “ and severe forms of trafficking in persons or criminal activity listed in section 101(a)(15)(U) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(u))” after “ domestic violence”.
Implementation.— Not later than 180 days after the date of the enactment of this Act, the Attorney General, the Secretary of State, and Secretary of Homeland Security shall provide the guidance required by section 384(d) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1367(d)), consistent with the amendments made by subsections (a) and (b).
Clerical Amendment.— Section 384(a)(1) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1986 is amended by striking “ 241(a)(2)” in the matter following subparagraph (F) and inserting “ 237(a)(2)”.