II 

117TH CONGRESS 

2D SESSION S. 4787 

To provide support for nationals of Afghanistan who supported the United 

States mission in Afghanistan, adequate vetting for parolees from Afghanistan, adjustment of status for certain nationals of Afghanistan, 

and special immigrant status for at-risk Afghan allies and relatives 

of certain members of the Armed Forces, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

AUGUST 7 (legislative day, AUGUST 6), 2022 

Ms. KLOBUCHAR (for herself, Mr. GRAHAM, Mr. COONS, Mr. BLUNT, Mr. 

BLUMENTHAL, and Ms. MURKOWSKI) introduced the following bill; which 

was read twice and referred to the Committee on the Judiciary 

A BILL 

To provide support for nationals of Afghanistan who supported the United States mission in Afghanistan, adequate vetting for parolees from Afghanistan, adjustment 

of status for certain nationals of Afghanistan, and special 

immigrant status for at-risk Afghan allies and relatives 

of certain members of the Armed Forces, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Afghan Adjustment 

3 Act’’. 

4 SEC. 2. DEFINITIONS. 

5 (a) IN GENERAL.—Except as otherwise specifically 

6 provided, any term used in this Act that is used in the 

7 immigration laws shall have the meaning given the term 

8 in the immigration laws. 

9 (b) DEFINITIONS.—In this Act: 

10 (1) IMMIGRATION LAWS.—The term ‘‘immigra11 tion laws’’ has the meaning given the term in section 

12 101(a)(17) of the Immigration and Nationality Act 

13 (8 U.S.C. 1101(a)(17)). 

14 (2) SPECIAL IMMIGRANT STATUS.—The term 

15 ‘‘special immigrant status’’ means special immigrant 

16 status provided under— 

17 (A) the Afghan Allies Protection Act of 

18 2009 (8 U.S.C. 1101 note; Public Law 111–8); 

19 or 

20 (B) section 1059 of the National Defense 

21 Authorization Act for Fiscal Year 2006 (8 

22 U.S.C. 1101 note; Public Law 109–163). 

23 (3) SPECIFIED APPLICATION.—The term ‘‘spec24 ified application’’ means— 

25 (A) an application for special immigrant 

26 status; 


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1 (B) an application to seek admission to the 

2 United States through the United States Ref3 ugee Admission Program for an individual who 

4 has received a Priority 1 or Priority 2 referral 

5 to such program; and 

6 (C) an application for a special immigrant 

7 visa under section 7 or an amendment made by 

8 that section. 

9 (4) UNITED STATES REFUGEE ADMISSIONS

10 PROGRAM.—The term ‘‘United States Refugee Ad11 missions Program’’ means the program to resettle 

12 refugees in the United States pursuant to the au13 thorities provided in sections 101(a)(42), 207, and 

14 412 of the Immigration and Nationality Act (8 

15 U.S.C. 1101(a)(42), 1157, and 1522). 

16 SEC. 3. SENSE OF CONGRESS. 

17 It is the sense of Congress that— 

18 (1) nationals of Afghanistan residing outside 

19 the United States who meet the requirements for ad20 mission to the United States through a specified ap21 plication have aided the United States mission in Af22 ghanistan during the past 20 years; and 

23 (2) the United States should increase support 

24 for such nationals. 


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1 SEC. 4. SUPPORT FOR AFGHAN ALLIES OUTSIDE OF THE 

2 UNITED STATES. 

3 (a) RESPONSE TO CONGRESSIONAL INQUIRIES.—The 

4 Secretary of State shall respond to inquiries by Members 

5 of Congress regarding a specified application submitted 

6 by, or on behalf of, a national of Afghanistan who has 

7 provided a confidentiality release. 

8 (b) OFFICE IN LIEU OF EMBASSY.—During the pe9 riod in which there is no operational United States em10 bassy in Afghanistan, the Secretary of State shall estab11 lish and maintain an office capable of— 

12 (1) reviewing specified applications submitted 

13 by nationals of Afghanistan residing in Afghanistan; 

14 (2) issuing visas to such nationals; 

15 (3) to the greatest extent practicable, providing 

16 services to such nationals that would normally be 

17 provided by an embassy; and 

18 (4) carrying out any other function the Sec19 retary considers necessary. 

20 SEC. 5. INTERAGENCY TASK FORCE ON AFGHAN ALLY 

21 STRATEGY. 

22 (a) ESTABLISHMENT.—Not later than 180 days after 

23 the date of the enactment of this Act, the President shall 

24 establish an Interagency Task Force on Afghan Ally 

25 Strategy (referred to in this section as the ‘‘Task 

26 Force’’)— 


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1 (1) to develop and oversee the implementation 

2 of the strategy described in subsection (d)(1)(B)(iv); 

3 and 

4 (2) to submit the report, and provide a briefing 

5 on the report, described in subsection (d). 

6 (b) MEMBERSHIP.— 

7 (1) IN GENERAL.—The Task Force shall be 

8 comprised of— 

9 (A) the Secretary of State; 

10 (B) the Secretary of Homeland Security; 

11 (C) the Secretary of Defense; 

12 (D) the Director of the Federal Bureau of 

13 Investigation; 

14 (E) the Director of National Intelligence; 

15 and 

16 (F) any other Government official, as des17 ignated by the President. 

18 (2) DELEGATION.—A member of the Task 

19 Force may designate a representative to carry out 

20 the duties under this section. 

21 (c) CHAIR.—The Task Force shall be chaired by the 

22 Secretary of State. 

23 (d) DUTIES.— 

24 (1) REPORT AND STRATEGY.— 


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1 (A) IN GENERAL.—Not later than 180 

2 days after the date of the enactment of this 

3 Act, the Task Force shall submit to the Com4 mittee on Appropriations and the Committee on 

5 Foreign Relations of the Senate and the Com6 mittee on Appropriations and the Committee on 

7 Foreign Affairs of the House of Representatives 

8 a report that includes a strategy for supporting 

9 nationals of Afghanistan residing outside the 

10 United States who meet the requirements for 

11 admission to the United States through a speci12 fied application. 

13 (B) ELEMENTS.—The report required by 

14 subparagraph (A) shall include the following: 

15 (i) Estimates of— 

16 (I)(aa) the total number of na17 tionals of Afghanistan residing in Af18 ghanistan who have submitted speci19 fied applications that are pending 

20 and, as of the date on which the re21 port is submitted, have not been adju22 dicated; and 

23 (bb) the number of such nation24 als, disaggregated by type of specified 

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1 graphs (A), (B), and (C) of section 

2 2(b)(3); and 

3 (II)(aa) the total number of na4 tionals of Afghanistan residing in Af5 ghanistan who meet the requirements 

6 for admission to the United States 

7 through specified applications; and 

8 (bb) the number of such nation9 als, disaggregated by type of specified 

10 application described in subpara11 graphs (A), (B), and (C) of section 

12 2(b)(3). 

13 (ii) A description of the steps the Sec14 retary of State has taken and is taking to 

15 facilitate the relocation and resettlement of 

16 nationals of Afghanistan who— 

17 (I) supported the United States 

18 mission in Afghanistan; and 

19 (II) remain in Afghanistan or in 

20 third countries. 

21 (iii) An identification of all consider22 ations, including resource constraints, that 

23 limit the ability of the Secretary of State 

24 to facilitate such relocations and resettle25 ments. 


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1 (iv) A strategy and detailed plan 

2 that— 

3 (I) sets forth the manner in 

4 which members of the Task Force will 

5 address such considerations in order 

6 to facilitate such relocations and re7 settlements over different periods of 

8 time (including 1-year, 5-year, and 

9 10-year periods) and an analysis of 

10 the expected number of nationals of 

11 Afghanistan who would be relocated 

12 or resettled through such strategy; 

13 and 

14 (II) addresses the constraints 

15 and opportunities for expanding sup16 port for such relocations and resettle17 ments, including— 

18 (aa) the availability of re19 mote processing for individuals 

20 residing in Afghanistan; 

21 (bb) the availability and ca22 pacity of mechanisms for individ23 uals to be relocated from Afghan24 istan, including air charter or 

25 land passage; 


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1 (cc) the availability and ca2 pacity of sites in third countries 

3 to process applications and con4 duct any required vetting, includ5 ing identifying and establishing 

6 additional sites; 

7 (dd) resource, personnel, 

8 and equipment requirements to 

9 increase the capacity to better 

10 support such nationals of Af11 ghanistan and reduce application 

12 processing times; 

13 (ee) the provision of updates 

14 and necessary information to af15 fected individuals and relevant 

16 nongovernmental organizations; 

17 and 

18 (ff) any other matter the 

19 Task Force considers relevant to 

20 the implementation of the strat21 egy. 

22 (v) Recommendations for how Con23 gress can expand the number of nationals 

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1 settled over such periods of time by pro2 viding additional authorities or resources. 

3 (C) FORM.—The report required by sub4 paragraph (A) shall be submitted in unclassi5 fied form, but may include a classified annex. 

6 (2) BRIEFING.—Not later than 60 days after 

7 submitting the report required by paragraph (1), the 

8 Task Force shall brief the Committee on Appropria9 tions and the Committee on Foreign Relations of the 

10 Senate and the Committee on Appropriations and 

11 the Committee on Foreign Affairs of the House of 

12 Representatives on the contents of such report. 

13 (e) TERMINATION.—The Task Force shall remain in 

14 effect until the earlier of— 

15 (1) the date on which the strategy required by 

16 subsection (d)(1) has been fully implemented; or 

17 (2) the date that is 10 years after the date of 

18 the enactment of this Act. 

19 SEC. 6. ADJUSTMENT OF STATUS FOR ELIGIBLE AFGHAN 

20 NATIONALS. 

21 (a) DEFINITION OF ELIGIBLE AFGHAN NATIONAL.— 

22 In this section, the term ‘‘eligible Afghan national’’ 

23 means— 

24 (1) an alien— 


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1 (A)(i) who is a citizen or national of Af2 ghanistan; or 

3 (ii) in the case of an alien having no na4 tionality, whose former or last habitual resi5 dence was in Afghanistan; and 

6 (B)(i) who was inspected and admitted to 

7 the United States on or before the date of the 

8 enactment of this Act; 

9 (ii) who was paroled into the United States 

10 during the period beginning on July 30, 2021, 

11 and ending on the date of the enactment of this 

12 Act, provided that such parole has not been ter13 minated by the Secretary of Homeland Secu14 rity; 

15 (iii) whose travel to the United States was 

16 facilitated by, or coordinated with, the United 

17 States Government; or 

18 (iv) who arrived in the United States after 

19 the date of the enactment of this Act, provided 

20 that the Secretary of Homeland Security, in co21 operation with other Federal agency partners, 

22 determines that the alien supported the United 

23 States mission in Afghanistan; 

24 (2) an alien who is the spouse or child (as de25 fined in section 101(b)(1) of the Immigration and 


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1 Nationality Act (8 U.S.C. 1101(b)(1))) of an alien 

2 described in paragraph (1); and 

3 (3) an alien who is the spouse or child (as de4 fined in section 101(b)(1) of the Immigration and 

5 Nationality Act (8 U.S.C. 1101(b)(1))) of an alien 

6 described in paragraph (1) who is deceased. 

7 (b) STREAMLINED ADJUSTMENT PROCESS FOR ELI8 GIBLE AFGHAN NATIONALS WHO SUPPORTED THE

9 UNITED STATES MISSION IN AFGHANISTAN.— 

10 (1) IN GENERAL.—Notwithstanding any other 

11 provision of law, the Secretary of Homeland Security 

12 shall adjust the status of an eligible Afghan national 

13 to the status of an alien lawfully admitted for per14 manent residence if— 

15 (A) the eligible Afghan national— 

16 (i) has— 

17 (I) received Chief of Mission ap18 proval as part of their application for 

19 special immigrant status; 

20 (II) received a Priority 1 or Pri21 ority 2 referral to the United States 

22 Refugee Admissions Program; or 

23 (III) a pending application for 

24 special immigrant status that was 

25 submitted on or before July 31, 2018; 


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1 (ii) submits an application for adjust2 ment of status in accordance with proce3 dures established by the Secretary of 

4 Homeland Security; 

5 (iii) subject to paragraph (2), is other6 wise admissible to the United States as an 

7 immigrant, except that the grounds of in8 admissibility under paragraphs (4), (5), 

9 and (7)(A) of section 212(a) the Immigra10 tion and Nationality Act (8 U.S.C. 

11 1182(a)) shall not apply; and 

12 (iv) has complied with the vetting re13 quirements under subsection (d)(1) to the 

14 satisfaction of the Secretary of Homeland 

15 Security; and 

16 (B) the Secretary of Homeland Security 

17 determines that the adjustment of status of the 

18 eligible Afghan national is not contrary to the 

19 national welfare, safety, or security of the 

20 United States. 

21 (2) APPLICABILITY OF REFUGEE ADMISSIBILITY

22 REQUIREMENTS.—The provisions relating to admis23 sibility for a refugee seeking adjustment of status 

24 under section 209(c) of the Immigration and Na25 tionality Act (8 U.S.C. 1159(c)) shall apply to an 


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1 applicant for adjustment of status under this sub2 section. 

3 (c) ADJUSTMENT PROCESS FOR OTHER ELIGIBLE

4 AFGHAN NATIONALS.— 

5 (1) IN GENERAL.—Notwithstanding any other 

6 provision of law, the Secretary of Homeland Security 

7 shall adjust the status of an eligible Afghan national 

8 who does not meet the requirements set forth in sub9 section (b)(1)(A)(i) to the status of an alien lawfully 

10 admitted for permanent residence if— 

11 (A) the eligible Afghan national— 

12 (i) has been physically present in the 

13 United States for a period not less than 2 

14 years; 

15 (ii) submits an application for adjust16 ment of status in accordance with proce17 dures established by the Secretary of 

18 Homeland Security; 

19 (iii) subject to paragraph (2), is other20 wise admissible to the United States as an 

21 immigrant, except that the grounds of in22 admissibility under paragraphs (4), (5), 

23 and (7)(A) of section 212(a) the Immigra24 tion and Nationality Act (8 U.S.C. 

25 1182(a)) shall not apply; and 


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1 (iv) has complied with the vetting re2 quirements under paragraphs (1) and (2) 

3 of subsection (d) to the satisfaction of the 

4 Secretary of Homeland Security; and 

5 (B) the Secretary of Homeland Security 

6 determines that the adjustment of status of the 

7 eligible Afghan national is not contrary to the 

8 national welfare, safety, or security of the 

9 United States. 

10 (2) WAIVER.— 

11 (A) IN GENERAL.—With respect to an ap12 plicant for adjustment of status under this sub13 section, subject to subparagraph (B), the Sec14 retary of Homeland Security may waive any ap15 plicable ground of inadmissibility under section 

16 212(a) of the Immigration and Nationality Act 

17 (8 U.S.C. 1182(a)) (other than paragraphs 

18 2(C) or (3) of such section) for humanitarian 

19 purposes, to ensure family unity, or if a waiver 

20 is otherwise in the public interest. 

21 (B) LIMITATIONS.—The Secretary of 

22 Homeland Security may not waive under this 

23 paragraph any applicable ground of inadmis24 sibility under section 212(a)(2) of the Immigra25 tion and Nationality Act (8 U.S.C. 1182(a)(2)) 


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1 that arises due to criminal conduct that was 

2 committed— 

3 (i) on or after July 30, 2021; 

4 (ii) within the United States; and 

5 (iii) by an applicant for adjustment of 

6 status under this subsection. 

7 (C) RULE OF CONSTRUCTION.—Nothing in 

8 this paragraph may be construed to limit any 

9 other waiver authority. 

10 (3) RULE OF CONSTRUCTION.—Nothing in this 

11 subsection may be construed to require the Sec12 retary of Homeland Security to complete the vetting 

13 process with respect to an applicant for adjustment 

14 of status under this subsection within the 2-year pe15 riod described in paragraph (1)(A)(i). 

16 (d) INTERVIEW AND VETTING REQUIREMENTS.— 

17 (1) VETTING REQUIREMENTS FOR ALL APPLI18 CANTS.—The Secretary of Homeland Security shall 

19 establish vetting requirements for applicants seeking 

20 adjustment of status under this section that are 

21 equivalent to the vetting requirements for refugees 

22 admitted to the United States through the United 

23 States Refugee Admissions Program, including an 

24 interview. 


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1 (2) ADDITIONAL VETTING REQUIREMENTS FOR

2 OTHER ELIGIBLE AFGHAN NATIONALS.—The Sec3 retary of Homeland Security, in consultation with 

4 the Secretary of Defense, shall maintain records that 

5 contain, for each applicant under subsection (c) for 

6 the duration of the pendency of their application for 

7 adjustment of status— 

8 (A) personal biographic information, in9 cluding name and date of birth; 

10 (B) biometric information; 

11 (C) any criminal conviction occurring after 

12 the date on which the applicant entered the 

13 United States; and 

14 (D) the history of the United States Gov15 ernment vetting to which the applicant has sub16 mitted, including whether the individual has un17 dergone in-person vetting. 

18 (3) RULE OF CONSTRUCTION.—Nothing in this 

19 subsection may be construed to limit the authority 

20 of the Secretary of Homeland Security to maintain 

21 records under any other law. 

22 (e) PROTECTION FOR BATTERED SPOUSES.— 

23 (1) IN GENERAL.—An alien whose marriage to 

24 an eligible Afghan national described in paragraph 

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1 igible for adjustment of status under this section as 

2 an alien described in paragraph (2) of that sub3 section for not more than 2 years after the date on 

4 which such marriage is terminated if there is a dem5 onstrated connection between the termination of the 

6 marriage and battering or extreme cruelty per7 petrated by the principal applicant. 

8 (2) APPLICABILITY OF OTHER LAW.—In review9 ing an application for adjustment of status under 

10 this section with respect to spouses and children who 

11 have been battered or subjected to extreme cruelty, 

12 the Secretary of Homeland Security shall apply sec13 tion 204(a)(1)(J) of the Immigration and Nation14 ality Act (8 U.S.C. 1154(a)(1)(J)) and section 384 

15 of the Illegal Immigration Reform and Immigrant 

16 Responsibility Act of 1996 (8 U.S.C. 1367). 

17 (f) DATE OF APPROVAL.—Upon the approval of an 

18 application for adjustment of status under this section, the 

19 Secretary of Homeland Security shall create a record of 

20 the alien’s admission as a lawful permanent resident as 

21 of the date on which the alien was inspected and admitted 

22 or paroled into the United States. 

23 (g) PROHIBITION ON FURTHER AUTHORIZATION OF

24 PAROLE.— 


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1 (1) IN GENERAL.—Except as provided in para2 graph (2), an individual who is a national of Af3 ghanistan shall not be authorized for an additional 

4 period of parole if such individual— 

5 (A) is eligible to apply for adjustment of 

6 status under this section; and 

7 (B) fails to submit an application for ad8 justment of status by the later of— 

9 (i) the date that is 1 year after the 

10 date on which final guidance described in 

11 subsection (h)(2) is published; or 

12 (ii) the date that is 1 year after the 

13 date on which such individual becomes eli14 gible to apply for adjustment of status 

15 under this section. 

16 (2) EXCEPTION.—An individual described in 

17 paragraph (1)(A) may be authorized for an addi18 tional period of parole if such individual— 

19 (A) within the period described in para20 graph (1)(B), seeks an extension to file an ap21 plication for adjustment of status under this 

22 section; or 

23 (B) has previously submitted to a vetting 

24 equivalent of the vetting required under sub25 section (d). 


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1 (3) DEADLINE FOR APPLICATION.—Except as 

2 provided in paragraph (2), a national of Afghanistan 

3 who does not submit an application for adjustment 

4 of status within the timeline provided in paragraph 

5 (1)(B) may not later adjust status under this sec6 tion. 

7 (h) IMPLEMENTATION.— 

8 (1) INTERIM GUIDANCE.— 

9 (A) IN GENERAL.—Not later than 180 

10 days after the date of the enactment of this 

11 Act, the Secretary of Homeland Security shall 

12 issue guidance implementing this section. 

13 (B) PUBLICATION.—Notwithstanding sec14 tion 553 of title 5, United States Code, such 

15 guidance— 

16 (i) may be published on the internet 

17 website of the Department of Homeland 

18 Security; and 

19 (ii) shall be effective on an interim 

20 basis immediately upon such publication 

21 but may be subject to change and revision 

22 after notice and an opportunity for public 

23 comment. 

24 (2) FINAL GUIDANCE.—Not later than 1 year 

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1 retary of Homeland Security shall finalize guidance 

2 implementing this section. 

3 (i) ADMINISTRATIVE REVIEW.—The Secretary of 

4 Homeland Security shall provide applicants for adjust5 ment of status under this section with the same right to, 

6 and procedures for, administrative review as are provided 

7 to applicants for adjustment of status under section 245 

8 of the Immigration and Nationality Act (8 U.S.C. 1255). 

9 (j) PROHIBITION ON FEES.—The Secretary of Home10 land Security may not charge a fee to any eligible Afghan 

11 national in connection with— 

12 (1) an application for adjustment of status or 

13 employment authorization under this section; or 

14 (2) the issuance of a permanent resident card 

15 or an employment authorization document. 

16 (k) PENDING APPLICATIONS.—During the period be17 ginning on the date on which an alien files a bona fide 

18 application for adjustment of status under this section and 

19 ending on the date on which the Secretary of Homeland 

20 Security makes a final administrative decision regarding 

21 such application, any alien and any dependent included 

22 in such application who remains in compliance with all ap23 plication requirements may not be— 

24 (1) removed from the United States unless the 

25 Secretary of Homeland Security makes a prima facie 


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1 determination that the alien is, or has become, ineli2 gible for adjustment of status under this section; 

3 (2) considered unlawfully present under section 

4 212(a)(9)(B) of the Immigration and Nationality 

5 Act (8 U.S.C. 1182(a)(9)(B)); or 

6 (3) considered an unauthorized alien (as de7 fined in section 274A(h)(3) of the Immigration and 

8 Nationality Act (8 U.S.C. 1324a(h)(3))). 

9 (l) VAWA SELF PETITIONERS.—Section 101(a)(51) 

10 of the Immigration and Nationality Act (8 U.S.C. 

11 1101(a)(51)) is amended— 

12 (1) in subparagraph (F), by striking ‘‘or’’; 

13 (2) in subparagraph (G), by striking the period 

14 at the end and inserting ‘‘; or’’; and 

15 (3) by adding at the end the following: 

16 ‘‘(H) subsections (b) and (c) of section 6 

17 of the Afghan Adjustment Act.’’. 

18 (m) EXEMPTION FROM NUMERICAL LIMITATIONS.— 

19 Aliens granted adjustment of status under this section 

20 shall not be subject to the numerical limitations under sec21 tions 201, 202, and 203 of the Immigration and Nation22 ality Act (8 U.S.C. 1151, 1152, and 1153). 

23 (n) RULE OF CONSTRUCTION.—Nothing in this sec24 tion may be construed to preclude an eligible Afghan na25 tional from applying for or receiving any immigration benVerDate Sep 11 2014 00:26 Aug 18, 2022 Jkt 029200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\S4787.IS S4787

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1 efit to which the eligible Afghan national is otherwise enti2 tled. 

3 SEC. 7. SPECIAL IMMIGRANT STATUS FOR AT-RISK AFGHAN 

4 ALLIES AND RELATIVES OF CERTAIN MEM5 BERS OF THE ARMED FORCES. 

6 (a) AT-RISK AFGHAN ALLIES.— 

7 (1) IN GENERAL.—Subject to paragraph (4)(C), 

8 the Secretary of Homeland Security may provide an 

9 alien described in paragraph (2) (and the spouse, 

10 children of the alien if accompanying or following to 

11 join the alien) with the status of special immigrant 

12 under section 101(a)(27) of the Immigration and 

13 Nationality Act (8 U.S.C. 1101(a)(27)) if the 

14 alien— 

15 (A) or an agent acting on behalf of the 

16 alien, submits a petition for classification under 

17 section 203(b)(4) of such Act (8 U.S.C. 

18 1153(b)(4)); 

19 (B) is otherwise admissible to the United 

20 States and eligible for lawful permanent resi21 dence (excluding the grounds of inadmissibility 

22 under section 212(a)(4) of such Act (8 U.S.C. 

23 1182(a)(4))); 


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1 (C) clears a background check and appro2 priate screening, as determined by the Sec3 retary of Homeland Security; and 

4 (D) the Secretary of Homeland Security 

5 determines that the adjustment of status of the 

6 alien is not contrary to the national welfare, 

7 safety, or security of the United States. 

8 (2) ALIEN DESCRIBED.—An alien described in 

9 this paragraph is an alien who— 

10 (A) is a citizen or national of Afghanistan; 

11 (B) was a member of— 

12 (i) the Afghanistan National Army 

13 Special Operations Command; 

14 (ii) the Afghan Air Force; 

15 (iii) the Special Mission Wing of Af16 ghanistan; or 

17 (iv) the Female Tactical Teams of Af18 ghanistan; and 

19 (C) provided faithful and valuable service 

20 to an entity or organization described in sub21 paragraph (B) for not less than 1 year. 

22 (3) DEPARTMENT OF DEFENSE ASSESSMENT.— 

23 (A) IN GENERAL.—Not later than 30 days 

24 after receiving a request for an assessment 


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1 from the Secretary of Homeland Security, the 

2 Secretary of Defense shall— 

3 (i) review the service record of the 

4 principal applicant; 

5 (ii) submit an assessment to the Sec6 retary of Homeland Security as to wheth7 er— 

8 (I) the principal applicant meets 

9 the requirements under paragraph 

10 (2); and 

11 (II) the adjustment of status of 

12 such alien, and the spouse, children, 

13 and parents of such alien, if accom14 panying or following to join the alien, 

15 is not contrary to the national wel16 fare, safety, or security of the United 

17 States; and 

18 (iii) submit with such assessment— 

19 (I) any service record concerned; 

20 and 

21 (II) any biometrics for the prin22 cipal applicant that have been col23 lected by the Department of Defense. 


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1 (B) EFFECT OF ASSESSMENT.—A favor2 able assessment under subparagraph (A)(ii) 

3 shall create a presumption that— 

4 (i) the principal applicant meets the 

5 requirements under paragraph (2); and 

6 (ii) the admission of such alien, and 

7 the spouse, children, and parents of the 

8 alien, if accompanying or following to join 

9 the alien, is not contrary to the national 

10 welfare, safety, or security of the United 

11 States. 

12 (C) EFFICIENT PROCESSING.—For pur13 poses of a background check and appropriate 

14 screening required to be granted special immi15 grant status under this subsection, the Sec16 retary of Homeland Security, as appropriate, 

17 shall use biometric data collected by the Sec18 retary of Defense or the Secretary of State not 

19 more than 5 years before the date on which an 

20 application for such status is filed. 

21 (b) SPECIAL IMMIGRANT STATUS FOR CERTAIN REL22 ATIVES OF CERTAIN MEMBERS OF THE ARMED

23 FORCES.—Section 101(a)(27) of the Immigration and Na24 tionality Act (8 U.S.C. 1101(a)(27)) is amended— 


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1 (1) in subparagraph (L)(iii), by adding a semi2 colon at the end; 

3 (2) in subparagraph (M), by striking the period 

4 at the end and inserting ‘‘; and’’; and 

5 (3) by adding at the end the following: 

6 ‘‘(N) a citizen or national of Afghanistan 

7 who is the spouse, child, or unmarried son or 

8 daughter of— 

9 ‘‘(i) a member of the armed forces (as 

10 defined in section 101(a) of title 10, 

11 United States Code); or 

12 ‘‘(ii) a veteran (as defined in section 

13 101 of title 38, United States Code).’’. 

14 (c) GENERAL PROVISIONS.— 

15 (1) PROHIBITION ON FEES.—The Secretary of 

16 Homeland Security, the Secretary of Defense, or the 

17 Secretary of State may not charge any fee in con18 nection with an application for, or issuance of, a 

19 special immigrant visa under this section or an 

20 amendment made by this section. 

21 (2) REPRESENTATION.—An alien applying for 

22 admission to the United States under this section, or 

23 an amendment made by this section, may be rep24 resented during the application process, including at 

25 relevant interviews and examinations, by an attorney 


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1 or other accredited representative. Such representa2 tion shall not be at the expense of the United States 

3 Government. 

4 (3) EXCLUSION FROM NUMERICAL LIMITA5 TIONS.—Aliens provided special immigrant visas 

6 under this section, or an amendment made by this 

7 section, shall not be counted against any numerical 

8 limitation under section 201(d), 202(a), or 

9 203(b)(4) of the Immigration and Nationality Act (8 

10 U.S.C. 1151(d), 1152(a), and 1153(b)(4)) or section 

11 602 of the Afghan Allies Protection Act of 2009 

12 (Public Law 111–8; 8 U.S.C. 1101 note). 

13 (4) ASSISTANCE WITH PASSPORT ISSUANCE.— 

14 The Secretary of State shall make a reasonable ef15 fort to ensure that an alien who is issued a special 

16 immigrant visa under this section, or an amendment 

17 made by this section, is provided with the appro18 priate series Afghan passport necessary to enter the 

19 United States. 

20 (5) PROTECTION OF ALIENS.—The Secretary of 

21 State, in consultation with the heads of other appro22 priate Federal agencies, shall make a reasonable ef23 fort to provide an alien who is seeking special immi24 grant status under this section, or an amendment 


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1 made by this section, protection or to immediately 

2 remove such alien from Afghanistan, if possible. 

3 (6) OTHER ELIGIBILITY FOR IMMIGRANT STA4 TUS.—No alien shall be denied the opportunity to 

5 apply for admission under this section, or an amend6 ment made by this section, solely because the alien 

7 qualifies as an immediate relative or is eligible for 

8 any other immigrant classification. 

9 (7) RESETTLEMENT SUPPORT.—A citizen or 

10 national of Afghanistan who is granted special immi11 grant status described in section 101(a)(27) of the 

12 Immigration and Nationality Act (8 U.S.C. 

13 1101(a)(27)) shall be eligible for resettlement assist14 ance, entitlement programs, and other benefits avail15 able to refugees admitted under section 207 of such 

16 Act (8 U.S.C. 1157) to the same extent, and for the 

17 same periods of time, as such refugees. 

18 (8) ADJUSTMENT OF STATUS.—Notwith19 standing paragraph (2), (7), or (8) of subsection (c) 

20 of section 245 of the Immigration and Nationality 

21 Act (8 U.S.C. 1255), the Secretary of Homeland Se22 curity may adjust the status of an alien described in 

23 subparagraph (N) of section 101(a)(27) of the Im24 migration and Nationality Act (8 U.S.C. 

25 1101(a)(27)) or subsection (a)(2) of this section to 


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1 that of an alien lawfully admitted for permanent res2 idence under subsection (a) of such section 245 if 

3 the alien— 

4 (A) was paroled or admitted as a non5 immigrant into the United States; and 

6 (B) is otherwise eligible for special immi7 grant status under— 

8 (i) this section; or 

9 (ii) the Immigration and Nationality 

10 Act (8 U.S.C. 1101 et seq.). 

11 (9) APPEALS.— 

12 (A) ADMINISTRATIVE REVIEW.—Not later 

13 than 30 days after the date of the enactment of 

14 this Act, the Secretary of Homeland Security 

15 shall provide to aliens who have applied for spe16 cial immigrant status under this section a proc17 ess by which an applicant may seek administra18 tive appellate review of a denial of an applicant 

19 for special immigrant status or a revocation of 

20 such status. 

21 (B) JUDICIAL REVIEW.—Except as pro22 vided in subparagraph (C), and notwithstanding 

23 any other provision of law, an alien may seek 

24 judicial review of a denial of an application for 

25 special immigrant status or a revocation of such 


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1 status under this Act, in an appropriate United 

2 States district court. 

3 (C) STAY OF REMOVAL.— 

4 (i) IN GENERAL.—Except as provided 

5 in clause (ii), an alien seeking administra6 tive or judicial review under this Act may 

7 not be removed from the United States 

8 until a final decision is rendered estab9 lishing that the alien is ineligible for spe10 cial immigrant status under this section. 

11 (ii) EXCEPTION.—The Secretary may 

12 remove an alien described in clause (i) 

13 pending judicial review if such removal is 

14 based on national security concerns. Such 

15 removal shall not affect the alien’s right to 

16 judicial review under this Act. The Sec17 retary shall promptly return a removed 

18 alien if a decision to deny an application 

19 for special immigrant status under this 

20 Act, or to revoke such status, is reversed. 

21 SEC. 8. SEVERABILITY. 

22 If any provision of this Act, or the application of such 

23 provision to any person or circumstance, is held to be un24 constitutional, the remainder of this Act, and the applicaVerDate Sep 11 2014 00:26 Aug 18, 2022 Jkt 029200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\S4787.IS S4787

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1 tion of the remaining provisions of this Act, to any person 

2 or circumstance, shall not be affected. 

Æ 


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