I 
109TH CONGRESS 
2D SESSION 
H. R. 5767 
To prohibit a convicted sex offender from obtaining approval of immigration 
petitions filed by the offender on behalf of family members. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 12, 2006 
Mr. KENNEDY of Minnesota (for himself, Mr. DAVIS of Tennessee, Mr. 
HOSTETTLER, and Mr. DANIEL E. LUNGREN of California) introduced 
the following bill; which was referred to the Committee on the Judiciary 
A BILL 
To prohibit a convicted sex offender from obtaining approval 
of immigration petitions filed by the offender on behalf 
of family members. 
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 ‘‘Sex Offender Visa 
Loophole Elimination Act of 2006’’. 
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SEC. 2. BARRING CONVICTED SEX OFFENDERS FROM HAV-
ING FAMILY-BASED PETITIONS APPROVED. 
(a) 
IMMIGRANT
FAMILY
MEMBERS.—Section 
204(a)(1) of the Immigration and Nationality Act (8 
U.S.C. 1154(a)(1)) is amended— 
(1) in subparagraph (A)— 
(A) in clause (i), by striking ‘‘Any’’ and in-
serting ‘‘Except as provided in clause (viii), 
any’’; and 
(B) by adding at the end the following: 
‘‘(viii)(I) Clause (i) shall not apply to a citizen of the 
United States who has been convicted of a sex offense. 
‘‘(II) For purposes of subclause (I): 
‘‘(aa) The term ‘sex offense’ means— 
‘‘(AA) a State, local, tribal, foreign, or 
other criminal offense that has an element in-
volving a sexual act or sexual contact with an-
other, or an attempt or conspiracy to commit 
such an offense; 
‘‘(BB) a State local, tribal, foreign or 
other specified offense against a minor; 
‘‘(CC) a Federal offense (including an of-
fense prosecuted under section 1152 or 1153 of 
title 18, United States Code) under section 
1201, 1591, or 1801, or chapter 109A, 110, or 
117, of title 18, United States Code, or any 
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other Federal offense designated by the Attor-
ney General for the purposes of this item; or 
‘‘(DD) a military offense specified by the 
Secretary 
of 
Defense 
under 
section 
115(a)(8)(C)(i) of the Department of Justice 
Appropriations Act, 1998 (10 U.S.C. 951 note). 
‘‘(bb) The term ‘specified offense against a 
minor’ means an offense against a minor that in-
volves any of the following: 
‘‘(AA) An offense (unless committed by a 
parent) involving kidnapping. 
‘‘(BB) An offense (unless committed by a 
parent) involving false imprisonment. 
‘‘(CC) Solicitation to engage in sexual con-
duct. 
‘‘(DD) Use in a sexual performance. 
‘‘(EE) Solicitation to practice prostitution. 
‘‘(FF) Possession, production, or distribu-
tion of child pornography. 
‘‘(GG) Criminal sexual conduct involving a 
minor (less than 18 years old), or the use of the 
Internet to facilitate or attempt such conduct. 
‘‘(HH) Any conduct that by its nature is 
a sex offense against a minor. 
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‘‘(II) Video voyeurism, as described in sec-
tion 1801 of title 18, United States Code. 
‘‘(JJ) Any attempt or conspiracy to com-
mit an offense described in any of subitems 
(AA) through (II).’’; and 
(2) in subparagraph (B)(i)— 
(A) by striking ‘‘(B)(i) Any alien’’ and in-
serting the following: 
‘‘(B)(i)(I) Except as provided in subclause (II), any 
alien’’; and 
(B) by adding at the end the following: 
‘‘(II) Subclause (I) shall not apply in the case of an 
alien lawfully admitted for permanent residence who has 
been convicted of a sex offense (as defined in subpara-
graph (A)(viii)(II)).’’. 
(b) FIANCE´ES, FIANCE´S, 
AND
WAITING
NON-
IMMIGRANT SPOUSES.— 
(1) 
FIANCE´ES
AND
FIANCE´S.—Section 
214(d)(1) of the Immigration and Nationality Act (8 
U.S.C. 1184(d)(1)) is amended by adding at the end 
the following: 
‘‘The Secretary of Homeland Security may not ap-
prove any petition filed by a petitioner who has been 
convicted of a sex offense (as defined in section 
204(a)(1)(A)(viii)(II)).’’. 
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(2) WAITING
SPOUSES.—Section 214(r)(1) of 
such Act (8 U.S.C. 1184(r)(1)) is amended by add-
ing at the end the following: 
‘‘The Secretary of Homeland Security may not ap-
prove any petition filed by a petitioner who has been 
convicted of a sex offense (as defined in section 
204(a)(1)(A)(viii)(II)).’’. 
(3) 
CLERICAL
AMENDMENT.—Section 
101(a)(15)(K) 
of 
such 
Act 
(8 
U.S.C. 
1101(a)(15)(K)), is amended by striking ‘‘and (p)’’ 
and inserting ‘‘and (r)’’. 
Æ 
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