I 
109TH CONGRESS 
2D SESSION 
H. R. 5610 
To prevent sex offenders from using immigration laws to bring innocent, 
unsuspecting victims into the United States. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 14, 2006 
Ms. JACKSON-LEE of Texas (for herself, Mr. CLEAVER, Mr. DAVIS of Illinois, 
Ms. CORRINE BROWN of Florida, Ms. KILPATRICK of Michigan, Ms. 
WATSON, Ms. MILLENDER-MCDONALD, Ms. EDDIE BERNICE JOHNSON 
of Texas, Mr. ENGEL, Mr. CUMMINGS, Mr. CUELLAR, Mr. LEWIS of 
Georgia, and Mr. SCOTT of Georgia) introduced the following bill; which 
was referred to the Committee on the Judiciary 
A BILL 
To prevent sex offenders from using immigration laws to 
bring innocent, unsuspecting victims into the United States. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Foreign Anti-Sex Of-
fender Protection Act of 2006’’. 
SEC. 2. FINDINGS. 
The Congress finds the following: 
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(1) Immigration law allows citizens and aliens 
lawfully admitted for permanent residence to bring 
foreign family members to the United States on the 
basis of immediate relative status or a preference 
classification. 
(2) Immediate relative status and preference 
classifications are obtained by filing petitions with 
the Secretary of Homeland Security. 
(3) For national security purposes, the Sec-
retary of Homeland Security conducts background 
checks on the beneficiaries of such petitions and, 
since September 11, 2001, on the petitioners as well. 
(4) The Government Accountability Office 
(GAO) has determined that, in fiscal year 2005, at 
least 398 of the petitioners who filed family-based 
visa petitions were on the National Sex Offender 
Registry maintained by the Federal Bureau of In-
vestigations. 
(5) GAO was only able to ascertain the nature 
of the sex offense for 194 of the 398 petitioners. 
(6) GAO was able to ascertain, however, that 
119 of the convictions were for sex assault, 35 for 
child fondling, 9 for strong arm rape, 9 for carnal 
abuse combined with a sexual assault, 7 were for 
statutory rape, 4 for crimes against persons, 3 for 
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indecent exposure, 2 for kidnapping, 2 for obscene 
material possession, 1 for exploitation of a minor 
with photographs, 1 for incest with a minor, 1 for 
sodomizing a boy, and 1 for restricting movement. 
(7) At least 14 of the 398 petitioners were clas-
sified as ‘‘sexual predators’’, which means a deter-
mination had been made that they are likely to com-
mit additional sex offenses. 
(8) At least 45 of the petitioners were convicted 
of sex offenses against children. 
(9) The Immigration and Nationality Act does 
not provide the Secretary of Homeland Security with 
authorization to deny family-based petitions on the 
basis of a petitioner’s conviction for a sex offense, 
even when the conviction record indicates that a 
spouse or a child beneficiary may be in grave dan-
ger. 
SEC. 3. DISCRETIONARY AUTHORITY TO DENY FAMILY- 
SPONSORED CLASSIFICATION PETITION BY 
PETITIONER LISTED ON NATIONAL SEX OF-
FENDER REGISTRY. 
Section 204 of the Immigration and Nationality Act 
(8 U.S.C. 1154) is amended by adding at the end the fol-
lowing: 
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‘‘(l) AUTHORITY TO DENY FAMILY-BASED PETITION 
BY PETITIONER LISTED ON NATIONAL SEX OFFENDER 
REGISTRY.— 
‘‘(1) IN GENERAL.—The Secretary Homeland 
Security may, in the discretion of the Secretary, 
deny a petition under subsection (a) for classifica-
tion of a spouse or child if— 
‘‘(A) the Secretary has confirmed that the 
petitioner is on the national sex offender reg-
istry maintained by the Federal Bureau of In-
vestigation for a conviction that individually 
(disregarding any aggregation due to any other 
conviction) resulted in incarceration for more 
than 1 year; 
‘‘(B) the petitioner has been given at least 
90 days to establish that the petitioner is not 
the person named on the registry or that the 
conviction did not result in incarceration for 
more than 1 year and has failed to establish 
such fact; and 
‘‘(C) the Secretary finds that granting the 
petition would put a primary or derivative 
spouse or child beneficiary in grave danger of 
being sexually abused. 
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‘‘(2) DETERMINING DANGER.—In making the 
determination under paragraph (1)(C), the Secretary 
shall use the following principles: 
‘‘(A) NATURE OF THE RELATIONSHIP.—In 
evaluating a petitioner who has filed a petition 
for a spouse, consideration should be given to 
indications of how well the petitioner and the 
spouse know each other. Petitions filed on the 
basis of marriages between men and women 
who have had little direct, personal contact with 
each other should be viewed with suspicion. In 
cases where the petitioner and the spouse have 
had little direct, personal contact with each 
other, evidence should be submitted to establish 
that they have gotten to know each other in 
some other way. 
‘‘(B) NATURE OF THE SEX OFFENSE.— 
Consideration should be given to when each of-
fense occurred for which the petitioner was in-
carcerated for more than a year, how serious it 
was, the sentence that was imposed, how long 
the petitioner was incarcerated, the age of the 
petitioner when it was committed, and the char-
acteristics of the victim. 
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‘‘(C) REHABILITATION.—Evidence of reha-
bilitation should be evaluated with respect to 
whether it diminishes the risk of sexual abuse 
to the primary or derivative spouse or child 
beneficiaries. 
‘‘(D) PREVIOUS
VISA
PETITIONS.—The 
records for any previous petitions shall be ex-
amined to determine whether they provide or 
might lead to evidence that is pertinent to de-
termining whether granting the petition would 
put a primary or derivative spouse or child ben-
eficiary in grave danger of being sexually 
abused. 
‘‘(3) REBUTTAL.—If the Secretary intends to 
deny a petition under paragraph (1), the Secretary 
shall provide the petitioner with a notice that states 
the reasons for the intended denial and provides the 
petitioner with at least 90 days to submit rebuttal 
evidence. Rebuttal should focus primarily on the fac-
tors that led the Secretary to believe that granting 
the petition would put a primary or derivative 
spouse or child beneficiary in grave danger of being 
sexually abused. 
‘‘(4) POST-DENIAL REMEDIES.— 
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‘‘(A) APPEAL.—All final denials under 
paragraph (1) may be appealed to the Board of 
Immigration Appeals. 
‘‘(B) NEW PETITION.—The petitioner may 
file a new petition whenever the petitioner has 
additional evidence that the petitioner believes 
might be sufficient to warrant granting the new 
petition. 
‘‘(5) DISCLOSURE
BY
THE
SECRETARY
OF 
HOMELAND
SECURITY
TO
BENEFICIARIES.—In all 
cases in which it has been confirmed that the name 
of a petitioner under subsection (a) is listed on the 
national sex offender registry maintained by the 
Federal Bureau of Investigation, and regardless of 
whether the Secretary may exercise discretion under 
paragraph (1), the Secretary shall give the petitioner 
at least 90 days to establish that the petitioner is 
not the person named on the registry. If the peti-
tioner fails to establish that the petitioner is not the 
person named on the registry within the time allot-
ted, the Secretary shall provide the beneficiaries with 
a written copy of the information on the registry 
that is available to the public before making a deci-
sion on the petition. The beneficiary shall be in-
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formed that the registry information is based on 
available records and may not be complete. 
‘‘(6) 
DISCLOSURE
TO
DEPARTMENT
OF 
STATE.—In all cases in which it has been confirmed 
that the name of a petitioner under subsection (a) 
is listed on the national sex offender registry main-
tained by the Federal Bureau of Investigation, and 
regardless of whether the Secretary may exercise 
discretion under paragraph (1), the Secretary shall 
provide the Secretary of State with— 
‘‘(A) a separate document with information 
about the record on the national sex offender 
registry that is available to the public; 
‘‘(B) any additional information it has that 
raises concern that a primary or derivative 
spouse or child beneficiary may be subject to 
sexual abuse, including information from the 
registry that is not available to the public; and 
‘‘(C) information about any previous peti-
tions under subsection (a) filed by the peti-
tioner. 
‘‘(7) DISCLOSURE BY CONSULAR OFFICER TO 
BENEFICIARIES.—When a petition under subsection 
(a) is granted, if the petition is filed by a petitioner 
who has failed to make the demonstration of mis- 
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identification described in paragraph (5), the con-
sular officer shall conduct an interview with the pri-
mary or derivative spouse or child beneficiary of the 
petition before issuing a visa to the beneficiary. At 
least part of the interview must be held without the 
presence of the petitioner. During the private part of 
the interview, the beneficiary will be given a written 
copy of the information about the petitioner from 
the registry that is available to the public. This doc-
ument must be written in the beneficiary’s primary 
language. The consular officer is required to advise 
the beneficiary that approval of the visa petition 
does not mean that there are no reasons to be con-
cerned about his or her safety. 
‘‘(8) ADDITIONAL RESPONSIBILITIES OF CON-
SULAR OFFICER.—The consular officer may return 
files to the Secretary of Homeland Security for fur-
ther consideration in cases where the consular offi-
cer is concerned that granting the visa might put a 
primary or derivative spouse or child beneficiary in 
grave danger of being sexually abused. When return-
ing a file under the previous sentence, the consular 
officer may add any additional information or obser-
vations the officer has that might have a bearing on 
whether the visa should be granted, including the re-
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sults of any field examination that has been con-
ducted.’’. 
SEC. 4. REMOVAL OF CONDITIONAL PERMANENT RESIDENT 
STATUS. 
(a) IDENTIFY
AND
PROVIDE
ASSISTANCE
FOR 
SPOUSES AND CHILDREN WHO ARE SUBJECT TO SEXUAL 
ABUSE
OR
RELATED
TYPES
OF
HARM.—Section 
216(d)(3) of the Immigration and Nationality Act (8 
U.S.C. 1186a(d)(3)) is amended— 
(1) by inserting before ‘‘The interview’’ the fol-
lowing: 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), the interview’’; and 
(2) by adding at the end the following: 
‘‘(B) PETITIONER
LISTED
ON
NATIONAL 
SEX OFFENDER REGISTRY.—In all cases where 
the Secretary of Homeland Security has con-
firmed that a petitioning spouse is listed on the 
national sex offender registry maintained by the 
Federal Bureau of Investigation, an interview 
with the alien spouse, and any alien sons or 
daughters, shall be required prior to removal of 
the conditional status, and at least part of the 
interview shall be held without the presence of 
the petitioning spouse. During the private por-
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tion of the interview, questions will be asked to 
determine whether an investigation should be 
conducted regarding the welfare of the alien 
spouse, or any alien son or daughter. If it is de-
termined that any alien spouse, son, or daugh-
ter is being abused or harmed by the peti-
tioning spouse, the victim shall be offered what-
ever assistance is appropriate, including infor-
mation on ways to remain in the United State 
that do not depend on continuing the qualifying 
marriage.’’. 
(b) HARDSHIP WAIVER IN CASES WHERE THE ALIEN 
SPOUSE OR CHILD IS SUBJECT TO SEXUAL ABUSE.—Sec-
tion 216(c)(4) of the Immigration and Nationality Act (8 
U.S.C. 1186a(c)(4)) is amended— 
(1) in subparagraph (B), by striking ‘‘or’’ at 
the end 
(2) in subparagraph (C), by striking the period 
at the end and inserting ‘‘, or’’; and 
(3) by inserting after subparagraph (C) the fol-
lowing: 
‘‘(D) the qualifying marriage was entered 
into in good faith by the alien spouse and dur-
ing the marriage the alien spouse, or a son or 
daughter of the spouse, was sexually abused 
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