I 
114TH CONGRESS 
1ST SESSION 
H. R. 52 
To amend the Immigration and Nationality Act to comprehensively reform 
immigration law, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 6, 2015 
Ms. JACKSON LEE introduced the following bill; which was referred to the 
Committee on the Judiciary, and in addition to the Committees on Home-
land Security and Oversight and Government Reform, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
of such provisions as fall within the jurisdiction of the committee con-
cerned 
A BILL 
To amend the Immigration and Nationality Act to com-
prehensively reform immigration law, and for other pur-
poses. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; REFERENCES TO ACT. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Save America Comprehensive Immigration Act of 2015’’. 
(b) REFERENCES TO THE IMMIGRATION AND NA-
TIONALITY ACT.—Except as otherwise expressly provided, 
whenever in this Act an amendment or repeal is expressed 
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in terms of an amendment to, or repeal of, a section or 
other provision, the reference shall be considered to be 
made to a section or other provision of the Immigration 
and Nationality Act. 
TITLE I—FACILITATING FAMILY- 
BASED IMMIGRATION 
SEC. 101. INCREASING THE ALLOCATION OF FAMILY-BASED 
IMMIGRANT VISAS. 
Section 201(c) (8 U.S.C. 115(c)) is amended to read 
as follows: 
‘‘(c) WORLDWIDE LEVEL
OF FAMILY-SPONSORED 
IMMIGRANTS.—The worldwide level of family-sponsored 
immigrants under this subsection for a fiscal year shall 
be no more than 960,000.’’. 
SEC. 102. PROTECTION AGAINST PROCESSING DELAYS. 
(a) AGE-OUT PROTECTION FOR CHILDREN.— 
(1) IN
GENERAL.—Chapter 1 of title IV (8 
U.S.C. 1101 note) is amended by adding at the end 
the following: 
‘‘AGE-OUT PROTECTION FOR CHILDREN 
‘‘SEC. 408. (a) IN GENERAL.—In the case of an ap-
plication initially to grant a benefit under this Act (other 
than an application for naturalization) that otherwise 
would be granted only after a determination that the bene-
ficiary of the application is a child (such as classification 
as an immediate relative under section 201(b)(2)(A)(i)), 
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if the application is neither approved nor denied (on proce-
dural or substantive grounds) during the 90-day period 
beginning on the date of the filing of the application, the 
beneficiary shall be considered to be a child for all pur-
poses related to the receipt of the benefit if the beneficiary 
was a child on the last day of such 90-day period, and 
the beneficiary shall not otherwise be prejudiced with re-
spect to such determination by such delay, and shall be 
considered to be a child under this Act for all purposes 
related to such application. 
‘‘(b) TERMINATION
OF BENEFIT.—Subsection (a) 
shall remain in effect until the termination of the 1-year 
period beginning on the date on which the application de-
scribed in such paragraph is approved.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents is amended by inserting after the item relating 
to section 407 the following: 
‘‘Sec. 408. Age-out protection for children.’’. 
(b) TIMELINESS OF ADOPTION FOR IMMIGRATION 
PURPOSES.— 
(1) IN GENERAL.—Section 101(b)(1)(E)(i) (8 
U.S.C. 1101(b)(1)(E)(i)) is amended by striking ‘‘a 
child adopted while under the age of sixteen years’’ 
and inserting ‘‘a child, under the age of 16 when 
adoption proceedings were initiated,’’. 
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(2) SPECIAL
RULE
FOR
SIBLINGS.—Section 
101(b)(1)(E)(ii)(III) 
(8 
U.S.C. 
1101(b)(1)(E)(ii)(III)) is amended by striking 
‘‘adopted while under the age of 18 years’’ and in-
serting ‘‘under the age of 18 when adoption pro-
ceedings were initiated’’. 
SEC. 103. TEMPORARY STATUS PENDING RECEIPT OF PER-
MANENT RESIDENT STATUS. 
(a) CLASSES OF NONIMMIGRANT ALIENS.—Section 
101(a)(15)(K) (8 U.S.C. 1101(a)(15)(K)) is amended— 
(1) by striking ‘‘or’’ at the end of clause (ii); 
(2) by adding ‘‘or’’ at the end of clause (iii); 
and 
(3) by adding at the end the following: 
‘‘(iv)(I) has concluded a valid mar-
riage with an alien lawfully admitted for 
permanent residence, is the parent of a cit-
izen of the United States, or is the child, 
son, or daughter of an alien lawfully ad-
mitted for permanent residence or a citizen 
of the United States; (II) is the beneficiary 
of an approved petition to accord immi-
grant status on the basis of such family re-
lationship that was filed under section 204 
by such family member; (III) has available 
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to the alien an immigrant visa number; 
(IV) has waited more than 6 months for 
the issuance of an immigrant visa based 
upon an application made by the alien; and 
(V) seeks to enter the United States to 
await such issuance;’’. 
(b) 
ADMISSION
OF
NONIMMIGRANTS.—Section 
214(d) (8 U.S.C. 1184(d)) is amended— 
(1) by striking ‘‘(d)’’ and inserting ‘‘(d)(1)’’; 
and 
(2) by adding at the end the following: 
‘‘A visa shall not be issued under the provisions of 
section 101(a)(15)(K)(iv) until the consular officer has re-
ceived a petition filed in the United States by the lawful 
permanent resident or citizen relative of the applying alien 
and approved by the Secretary of Homeland Security. The 
petition shall be in such form and contain such informa-
tion as the Secretary shall, by regulation, prescribe.’’. 
SEC. 104. ELIMINATION OF AFFIDAVIT OF SUPPORT RE-
QUIREMENT. 
(a) GROUNDS FOR INELIGIBILITY FOR ADMISSION.— 
Section 212(a)(4) (8 U.S.C. 1182(a)(4)) is amended— 
(1) by amending subparagraph (B)(ii) to read 
as follows: 
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‘‘(ii) If an alien submits an affidavit of 
support described in section 213A, in addition 
to the factors under clause (i), the consular of-
ficer or the Secretary of Homeland Security 
shall also consider such affidavit in determining 
whether the alien is inadmissible under this 
paragraph.’’; and 
(2) by striking subparagraphs (C) and (D). 
(b) REQUIREMENTS FOR SPONSOR’S AFFIDAVIT OF 
SUPPORT.—Subsections 
(a)(1)(A), 
(f)(1)(E), 
and 
(f)(4)(B)(i) of section 213A (8 U.S.C. 1183a(a)(1)(A), 
(f)(1)(E), and (f)(4)(B)(i)) are amended by striking 
‘‘125’’ and inserting ‘‘100’’. 
TITLE II—ESTABLISHMENT OF A 
BOARD OF VISA APPEALS FOR 
FAMILY-BASED VISAS 
SEC. 201. ESTABLISHMENT OF A BOARD OF VISA APPEALS. 
(a) IN GENERAL.—The Immigration and Nationality 
Act is amended by inserting after section 224 the following 
new section: 
‘‘BOARD OF VISA APPEALS 
‘‘SEC. 225. (a) ESTABLISHMENT.—The Secretary of 
State shall establish within the Department of State a 
Board of Family-based Visa Appeals. The Board shall be 
composed of 5 members who shall be appointed by the 
Secretary. Not more than 2 members of the Board may 
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be consular officers. The Secretary shall designate a mem-
ber who shall be chairperson of the Board. 
‘‘(b) AUTHORITY AND FUNCTIONS.—The Board shall 
have authority to review any discretionary decision of a 
consular officer with respect to an alien concerning the 
denial, revocation, or cancellation of an immigrant visa of 
someone who has the immediate relative status described 
in section 201(2)(A)(i) and (ii); or a preference classifica-
tion described in section 203(a). The review of the Board 
shall be made upon the record for decision of the consular 
officer, including all documents, notes, and memoranda 
filed with the consular officer, supplemented by affidavits 
and other writings if offered by the consular officer or 
alien. Upon a showing that the decision of the consular 
official is contrary to the preponderance of the evidence, 
the Board shall have authority to overrule, or remand for 
further consideration, the decision of such consular officer. 
‘‘(c) PROCEDURE.—Proceedings before the Board 
shall be in accordance with such regulations, not incon-
sistent with this Act and sections 556 and 557 of title 
5, United States Code, as the Secretary of State shall pre-
scribe. Such regulations shall include requirements that 
provide that— 
‘‘(1) at the time of any decision of a consular 
officer under subsection (b), the interested party de-
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fined in subsection (d) shall be given notice of the 
availability of the review process and the necessary 
steps to request such review; 
‘‘(2) a written record of the proceedings and de-
cision of the consular officer (in accordance with sec-
tions 556 and 557 of title 5, United States Code) 
shall be available to the Board, and on payment of 
lawfully prescribed costs, shall be made available to 
the alien; 
‘‘(3) upon receipt of request for review under 
this section, the Board shall, within 30 days, notify 
the consular officer with respect to whose decision 
review is sought, and, upon receipt of such notice, 
such officer shall promptly (but in no event more 
than 30 days after such receipt) forward to the 
Board the record of proceeding as described in sub-
section (b); 
‘‘(4) the appellant shall be given notice, reason-
able under all the circumstances of the time and 
place at which the Board proceedings will be held; 
‘‘(5) the appellant may be represented (at no 
expense to the Government) by such counsel, author-
ized to practice in such proceedings, as the appellant 
shall choose; and 
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‘‘(6) a request for review under this section 
must be made in writing to the Board within 60 
days after receipt of notice of the denial, revocation, 
or cancellation. 
‘‘(d) INTERESTED PARTIES.—The Board shall review 
each decision described in subsection (b) upon request by 
the petitioner of an immigrant visa petition approved 
under section 201(2)(A)(i) and (ii) or 203(a). 
‘‘(e) CONSTRUCTION.—This section may not be con-
strued to restrict any right to further administrative or 
judicial review established under any other provision of 
law. 
‘‘(f) FEES.—The Secretary of State shall charge, and 
collect, an appropriate fee associated with a request to the 
Board for a review. Such fee shall be sufficient to cover 
the cost of the administration of this section.’’. 
(b) TECHNICAL AMENDMENTS.— 
(1) Section 222(f) (8 U.S.C. 1202(f)) is amend-
ed by adding at the end: ‘‘An interested party under 
section 225(d) or court shall be permitted to inspect 
the record of proceeding as described in subsections 
(c)(2) and (c)(3) of section 225.’’. 
(2) Section 104(a)(1) (8 U.S.C. 1104(a)(1)) is 
amended by striking ‘‘except’’ and inserting ‘‘includ-
ing’’. 
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(3) The table of contents is amended by insert-
ing after the item relating to section 224 the fol-
lowing new item: 
‘‘Sec. 225. Board of Visa Appeals.’’. 
TITLE III—ELIMINATION OF 
UNFAIR RESTRICTIONS 
SEC. 301. ACQUISITION OF CITIZENSHIP FOR CHILDREN 
BORN ABROAD AND OUT OF WEDLOCK TO A 
UNITED STATES CITIZEN FATHER. 
(a) 
REQUIREMENTS
FOR
CITIZENSHIP
ELIGI-
BILITY.—Section 309(a) (8 U.S.C. 1409(a)) is amended— 
(1) in paragraph (2), by adding ‘‘and’’ at the 
end; 
(2) by striking paragraph (3); 
(3) in paragraph (4), by striking ‘‘while the 
person is under the age of 18 years—’’ and inserting 
‘‘at any time—’’; and 
(4) by redesignating paragraph (4) as para-
graph (3). 
(b) CLARIFICATION REGARDING DECEASED PAR-
ENTS OF CHILDREN BORN ABROAD AND OUT OF WED-
LOCK.—Section 309 (8 U.S.C. 1409) is amended by add-
ing at the end the following: 
‘‘(d) Nothing in this section shall be construed to pre-
clude a person who is a citizen or national of the United 
States by virtue of a provision of this section from estab-
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lishing such status under this title after the death of the 
person’s father, mother, or parents.’’. 
(c) APPLICATION
OF CITIZENSHIP PROVISIONS.— 
The amendments made by this Act shall apply to persons 
born out of wedlock who are alive on or after the date 
of the enactment of this Act. 
SEC. 302. ALLOW AUNTS AND UNCLES OR GRANDPARENTS 
TO ADOPT ORPHANED OR ABANDONED CHIL-
DREN OF THE DECEASED RELATIVE. 
Section 101(b)(1) (8 U.S.C. 1101(b)(1)) is amend-
ed— 
(1) by striking ‘‘or’’ at the end of subparagraph 
(E) and inserting a semicolon; 
(2) by striking the period at the end of sub-
paragraph (F) and inserting a colon; 
(3) by striking the period at the end of sub-
paragraph (G) and inserting ‘‘; and’’; and 
(4) by adding at the end the following: 
‘‘(H) a child adopted in the United States or 
abroad or who is coming to the United States for 
adoption by a grandparent, aunt or uncle while 
under the age of eighteen years, who has suffered 
the death or disappearance of, abandonment or de-
sertion by, or separation or loss from, both parents, 
or for whom the sole or surviving parent is incapable 
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of providing proper care and has consented in writ-
ing to the adoption, if the Secretary of Homeland 
Security is satisfied that proper care will be fur-
nished the child if admitted to the United States. No 
natural parent or prior adoptive parent of any such 
child shall thereafter, by virtue of such parentage, be 
accorded any right, privilege, or status under this 
Act. Nothing in this subsection shall be construed to 
require the child to be released to an orphanage as 
a prerequisite for eligibility.’’. 
SEC. 303. RELIEF FOR SURVIVING SPOUSES, CHILDREN 
AND PARENTS. 
(a) IN GENERAL.—Section 201(b)(2)(A)(i) (8 U.S.C. 
1151(b)(2)(A)(i)) is amended— 
(1) by inserting ‘‘, and if married for less than 
two years at the time of the citizen’s death proves 
by a preponderance of the evidence that the mar-
riage was entered into in good faith and not solely 
for the purpose of obtaining an immigration ben-
efit,’’ after ‘‘within 2 years after such date’’; and 
(2) by inserting ‘‘In the case of an alien who 
was the child or parent of a citizen of the United 
States at the time of the citizen’s death, the alien 
shall be considered, for purposes of this subsection, 
to remain an immediate relative after the date of the 
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citizen’s death but only if the alien files a petition 
under section 204(a)(1)(A)(ii) within two years after 
such date in the case of a parent, or prior to reach-
ing the age of 21 in the case of a child.’’ after ‘‘re-
marries.’’. 
(b) PETITION.—Section 204(a)(1)(A)(ii) (8 U.S.C. 
1154(a)(1)(A)(ii)) is amended by inserting ‘‘or an alien 
child or alien parent described in the third sentence of sec-
tion 201(b)(2)(A)(i)’’ after ‘‘section 201(b)(2)(A)(i)’’. 
(c) TRANSITION
PERIOD.—In applying section 
201(b)(2)(A)(i) (8 U.S.C. 1151(b)(2)(A)(i)), as amended 
by subsection (a), in the case of an alien whose citizen 
relative died before the date of the enactment of this Act, 
the alien relative may (notwithstanding the deadlines spec-
ified in such subsection) file the classification petition re-
ferred to in such subsection within 2 years after the date 
of the enactment of this Act. In the case of an alien who 
was excluded, deported, removed or departed voluntarily 
before the date of the enactment of this Act, such alien 
shall be eligible for parole into the United States pursuant 
to the Secretary of Homeland Security’s authority under 
section 212(d)(5) of such Act (8 U.S.C. 1182(d)(5)), and 
such alien’s application for adjustment of status shall be 
considered notwithstanding section 212(a)(9) (8 U.S.C. 
1182(a)(9)). 
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(d) ADJUSTMENT
OF
STATUS.—Section 245 (8 
U.S.C. 1255) is amended by adding at the end the fol-
lowing: 
‘‘(n) APPLICATIONS FOR ADJUSTMENT OF STATUS 
BY SURVIVING SPOUSES, CHILDREN AND PARENTS.— 
‘‘(1) IN
GENERAL.—Any alien described in 
paragraph (2) who applied for adjustment of status 
prior to the death of the qualifying relative, may 
have such application adjudicated as if such death 
had not occurred. 
‘‘(2) ALIEN DESCRIBED.—An alien described in 
this paragraph is an alien who— 
‘‘(A) is an immediate relative as described 
in section 201(b)(2)(A)(i); 
‘‘(B) is a family-sponsored immigrant as 
described in subsection (a) or (d) of section 
203; 
‘‘(C) is a derivative beneficiary of an em-
ployment-based 
immigrant 
under 
section 
203(b), as described in section 203(d); or 
‘‘(D) is a derivative beneficiary of a diver-
sity immigrant as described in section 203(c).’’. 
(e) TRANSITION PERIOD.—Notwithstanding a denial 
of an application for adjustment of status, in the case of 
an alien whose qualifying relative died before the date of 
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the enactment of this Act, such application may be re-
newed by the alien through a motion to reopen, without 
fee, filed within two years after the date of the enactment 
of this Act. In the case of an alien who was excluded, de-
ported, removed or departed voluntarily before the date 
of the enactment of this Act, such alien shall be eligible 
for parole into the United States pursuant to the Sec-
retary of Homeland Security’s authority under section 
212(d)(5) (8 U.S.C. 1182(d)(5)), and such alien’s applica-
tion for adjustment of status shall be considered notwith-
standing section 212(a)(9) (8 U.S.C. 1182(a)(9)). 
SEC. 304. ELIMINATING THE WIDOWED PERMANENT RESI-
DENT’S NATURALIZATION PENALTY. 
Section 319(a) (8 U.S.C. 1429(a)) is amended by in-
serting ‘‘or, if the spouse is deceased, the spouse was a 
citizen of the United States,’’ after ‘‘(a) Any person whose 
spouse is a citizen of the United States,’’. 
TITLE IV—PREVENTING SEX OF-
FENDERS FROM USING OUR 
IMMIGRATION 
LAWS 
TO 
BRING 
INNOCENT, 
UNSUSPECTING 
VICTIMS 
INTO THE UNITED STATES 
SEC. 401. 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. 402. DISCRETIONARY AUTHORITY TO DENY FAMILY- 
SPONSORED CLASSIFICATION PETITION BY 
PETITIONER LISTED ON NATIONAL SEX OF-
FENDER REGISTRY. 
Section 204 (8 U.S.C. 1154) is amended by adding 
at the end the following: 
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‘‘(m) AUTHORITY TO DENY FAMILY-BASED PETI-
TION BY PETITIONER LISTED ON NATIONAL SEX OF-
FENDER 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. 403. REMOVAL OF CONDITIONAL PERMANENT RESI-
DENT 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) (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-
tion of the interview, questions will be asked to 
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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 States 
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) (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 
and the alien was not at fault in failing to meet 
the requirements of paragraph (1).’’. 
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SEC. 404. SPECIAL TASK FORCE TO IDENTIFY PEOPLE 
NAMED ON THE NATIONAL SEX OFFENDER 
REGISTRY WHO HAVE FILED FAMILY-BASED 
CLASSIFICATION PETITIONS. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity shall establish a task force, to be known as the ‘‘Task 
Force to Rescue Immigrant Victims of American Sex Of-
fenders’’. The task force shall consist of officials from 
Federal, State, and local law enforcement agencies with 
experience in domestic violence, sex crimes, immigration 
law, trafficking in humans, organized crime, or any other 
area of experience which may be useful in completing the 
duties described in subsection (b). 
(b) DUTIES.—The duties of the task force shall be 
the following: 
(1) Working back in time from the date of the 
establishment of the task force, identifying individ-
uals on the Federal Bureau of Investigation’s sex of-
fender registry who have filed family-based petitions 
under section 204(a) of the Immigration and Na-
tionality Act. When a confirmed match has been 
made with the sex offender registry, the task force 
should ascertain whether the petitioner filed previous 
petitions. 
(2) Maintaining the information about the peti-
tioners in a comprehensive database. 
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(3) Prioritizing the information according to 
the likelihood that primary or derivative spouse or 
child beneficiaries are in danger of sexual abuse. 
(4) Developing a system for investigating the 
cases in which beneficiaries may be at risk and pro-
viding them with information on how to seek assist-
ance if they are abused. 
(5) Except for information on the registry that 
is available to the public, protecting the information 
produced by its investigations in accordance with the 
privacy rights of everyone involved in the investiga-
tion. 
(6) Taking whatever other actions as are rea-
sonable and appropriate when investigations lead to 
information about sexual abuse or other criminal ac-
tivities, including notifying State and local police de-
partments, government offices, public organizations 
that provide assistance to victims of sexual abuse, 
and religious organizations. 
(c) REPORT TO CONGRESS.—Not later than 270 days 
after the date of the enactment of this Act, the Secretary 
shall submit to the Congress a report on the findings and 
recommendations of the task force. The report shall in-
clude the following: 
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(1) An analysis of the information obtained in 
searching visa petition and national sex offender reg-
istry records. 
(2) The results of any investigations conducted 
by the task force. 
(3) Recommendations on administrative and 
legislative actions that would assist in identifying 
and protecting immigrant victims of sexual abuse or 
related harm. 
SEC. 405. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated such sums 
as may be necessary to carry out the provisions of this 
Act. Amounts appropriated under this section shall remain 
available until expended. 
SEC. 406. REGULATIONS. 
Regulations implementing this Act shall be promul-
gated in final form not later than 180 days after the date 
of the enactment of this Act. 
TITLE V—LEGALIZATION FOR 
LONG-TERM RESIDENTS 
SEC. 501. EARNED ACCESS TO LEGALIZATION. 
(a) IN GENERAL.—Chapter 5 of title II (8 U.S.C. 
1255 et seq.) is amended by inserting after section 245A 
the following: 
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‘‘ADJUSTMENT OF STATUS ON THE BASIS OF EARNED 
ACCESS TO LEGALIZATION 
‘‘SEC. 245B. (a) IN GENERAL.—The Secretary of 
Homeland Security may adjust the status of an alien to 
that of an alien lawfully admitted for permanent residence 
if the alien— 
‘‘(1) was physically present in the United 
States for a continuous period of not less than 5 
years immediately preceding the date on which this 
provision was enacted and has maintained contin-
uous physical presence since then; 
‘‘(2) has at all times been a person of good 
moral character; 
‘‘(3) has never been convicted of a criminal of-
fense in the United States; 
‘‘(4) in the case of an alien who is 18 years of 
age or older, but who is not over the age of 65, has 
successfully completed a course on reading, writing, 
and speaking words in ordinary usage in the English 
language, unless unable to do so on account of phys-
ical or developmental disability or mental impair-
ment; 
‘‘(5) in the case of an alien 18 years of age or 
older, has accepted the values and cultural life of the 
United States; and 
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‘‘(6) in the case of an alien 18 years of age or 
older, has performed at least 40 hours of community 
service. 
‘‘(b) TREATMENT OF BRIEF, CASUAL, AND INNO-
CENT ABSENCES.—An alien shall not be considered to 
have failed to maintain a continuous presence in the 
United States for purposes of subsection (a)(1) by virtue 
of brief, casual, and innocent absences from the United 
States. 
‘‘(c) ADMISSIBLE AS IMMIGRANT.— 
‘‘(1) IN
GENERAL.—The alien shall establish 
that the alien is admissible to the United States as 
an immigrant, except as otherwise provided in para-
graph (2). 
‘‘(2) EXCEPTIONS.—The provisions of para-
graphs (5), (6)(A), (6)(B), (6)(C), (6)(F), (6)(G), 
(7)(A), (9)(B), and (9)(C)(i)(I) of section 212(a) 
shall not apply in the determination of an alien’s ad-
missibility under this section. 
‘‘(d) SECURITY AND LAW ENFORCEMENT CLEAR-
ANCES.—The alien, if over 15 years of age, shall submit 
fingerprints in accordance with procedures established by 
the Secretary of Homeland Security. Such fingerprints 
shall be submitted to relevant Federal agencies to be 
checked against existing databases for information relat-
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(B) Aliens who have serious medical or 
mental health needs. 
(C) Aliens who are mentally retarded or 
autistic. 
(D) Pregnant alien women. 
(E) Elderly aliens who are over the age of 
65. 
(F) Aliens placed in expedited removal pro-
ceedings after being rescued from trafficking or 
criminal operations by Government authorities. 
(G) Other groups designated in regulations 
promulgated by the Secretary. 
(5) IMPLEMENTING REGULATIONS.—Not later 
than 180 days after the date of the enactment of 
this Act, the Secretary shall promulgate regulations 
to implement the secure alternatives to detention 
program and to standardize the care and treatment 
of aliens in immigration custody based on the Deten-
tion Operations Manual of the Department of 
Homeland Security. 
(6) DECISIONS REGARDING PROGRAM NOT RE-
VIEWABLE.—The decisions of the Secretary regard-
ing when to utilize the program and to what extent 
and the selection of aliens to participate in the pro-
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certified for payment by the Secretary of Home-
land Security.’’. 
SEC. 658. OUTREACH PROGRAM. 
Section 274 (8 U.S.C. 1324), as amended by section 
657, is further amended by adding at the end the fol-
lowing: 
‘‘(g) OUTREACH
PROGRAM.—The Secretary of 
Homeland Security, in consultation, as appropriate, with 
the Attorney General and the Secretary of State, shall de-
velop and implement an outreach program to educate the 
public in the United States and abroad about— 
‘‘(1) the penalties for— 
‘‘(A) bringing in and harboring aliens in 
violation of this section; and 
‘‘(B) participating in a commercial oper-
ation for making, or trafficking in, documents 
to be used for entering or remaining in the 
United States unlawfully; and 
‘‘(2) the financial rewards and other incentives 
available for assisting in the investigation, disrup-
tion, or prosecution of a commercial smuggling oper-
ation or a commercial operation for making, or traf-
ficking in, documents to be used for entering or re-
maining in the United States unlawfully.’’. 
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