Title: Afghan Adjustment Act
Policy area: Immigration

Summary:
Afghan Adjustment Act
This bill expands eligibility for special immigrant visas to certain Afghan nationals (and accompanying spouse and children) and addresses related issues.
The Department of Homeland Security may provide such visas to Afghan nationals who provided qualifying service as a member of the Afghan Air Force or other specified entities and meet eligibility requirements, such as passing a background check. Currently, special immigrant visas for Afghan nationals are generally only available to those who were employed by or on behalf of the U.S. government in Afghanistan.
Such visas shall also be available to an Afghan national who is a qualifying relative of a veteran or member of the U.S. Armed Forces.
The bill also modifies procedures for providing lawful permanent resident status to certain classes of Afghan nationals, such as by (1) providing a streamlined process with specified vetting requirements for certain individuals, including those who provided support to the U.S. government in Afghanistan; and (2) preserving the eligibility of certain battered spouses whose eligibility for such status stemmed from a marriage that has terminated.
Furthermore, the Department of State (1) must respond to inquiries from Members of Congress about specific applications from Afghan nationals seeking special immigrant or refugee status; and (2) establish an office in Afghanistan to perform certain tasks, such as issuing visas, if no U.S. embassies are operational in Afghanistan.
The President must establish a task force to develop and implement a strategy to assist Afghan nationals who qualify for admission to the United States.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4787 Introduced in Senate (IS)]

<DOC>






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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Afghan Adjustment Act''.

SEC. 2. DEFINITIONS.

    (a) In General.--Except as otherwise specifically provided, any 
term used in this Act that is used in the immigration laws shall have 
the meaning given the term in the immigration laws.
    (b) Definitions.--In this Act:
            (1) Immigration laws.--The term ``immigration laws'' has 
        the meaning given the term in section 101(a)(17) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(17)).
            (2) Special immigrant status.--The term ``special immigrant 
        status'' means special immigrant status provided under--
                    (A) the Afghan Allies Protection Act of 2009 (8 
                U.S.C. 1101 note; Public Law 111-8); or
                    (B) section 1059 of the National Defense 
                Authorization Act for Fiscal Year 2006 (8 U.S.C. 1101 
                note; Public Law 109-163).
            (3) Specified application.--The term ``specified 
        application'' means--
                    (A) an application for special immigrant status;
                    (B) an application to seek admission to the United 
                States through the United States Refugee Admission 
                Program for an individual who has received a Priority 1 
                or Priority 2 referral to such program; and
                    (C) an application for a special immigrant visa 
                under section 7 or an amendment made by that section.
            (4) United states refugee admissions program.--The term 
        ``United States Refugee Admissions Program'' means the program 
        to resettle refugees in the United States pursuant to the 
        authorities provided in sections 101(a)(42), 207, and 412 of 
        the Immigration and Nationality Act (8 U.S.C. 1101(a)(42), 
        1157, and 1522).

SEC. 3. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) nationals of Afghanistan residing outside the United 
        States who meet the requirements for admission to the United 
        States through a specified application have aided the United 
        States mission in Afghanistan during the past 20 years; and
            (2) the United States should increase support for such 
        nationals.

SEC. 4. SUPPORT FOR AFGHAN ALLIES OUTSIDE OF THE UNITED STATES.

    (a) Response to Congressional Inquiries.--The Secretary of State 
shall respond to inquiries by Members of Congress regarding a specified 
application submitted by, or on behalf of, a national of Afghanistan 
who has provided a confidentiality release.
    (b) Office in Lieu of Embassy.--During the period in which there is 
no operational United States embassy in Afghanistan, the Secretary of 
State shall establish and maintain an office capable of--
            (1) reviewing specified applications submitted by nationals 
        of Afghanistan residing in Afghanistan;
            (2) issuing visas to such nationals;
            (3) to the greatest extent practicable, providing services 
        to such nationals that would normally be provided by an 
        embassy; and
            (4) carrying out any other function the Secretary considers 
        necessary.

SEC. 5. INTERAGENCY TASK FORCE ON AFGHAN ALLY STRATEGY.

    (a) Establishment.--Not later than 180 days after the date of the 
enactment of this Act, the President shall establish an Interagency 
Task Force on Afghan Ally Strategy (referred to in this section as the 
``Task Force'')--
            (1) to develop and oversee the implementation of the 
        strategy described in subsection (d)(1)(B)(iv); and
            (2) to submit the report, and provide a briefing on the 
        report, described in subsection (d).
    (b) Membership.--
            (1) In general.--The Task Force shall be comprised of--
                    (A) the Secretary of State;
                    (B) the Secretary of Homeland Security;
                    (C) the Secretary of Defense;
                    (D) the Director of the Federal Bureau of 
                Investigation;
                    (E) the Director of National Intelligence; and
                    (F) any other Government official, as designated by 
                the President.
            (2) Delegation.--A member of the Task Force may designate a 
        representative to carry out the duties under this section.
    (c) Chair.--The Task Force shall be chaired by the Secretary of 
State.
    (d) Duties.--
            (1) Report and strategy.--
                    (A) In general.--Not later than 180 days after the 
                date of the enactment of this Act, the Task Force shall 
                submit to the Committee on Appropriations and the 
                Committee on Foreign Relations of the Senate and the 
                Committee on Appropriations and the Committee on 
                Foreign Affairs of the House of Representatives a 
                report that includes a strategy for supporting 
                nationals of Afghanistan residing outside the United 
                States who meet the requirements for admission to the 
                United States through a specified application.
                    (B) Elements.--The report required by subparagraph 
                (A) shall include the following:
                            (i) Estimates of--
                                    (I)(aa) the total number of 
                                nationals of Afghanistan residing in 
                                Afghanistan who have submitted 
                                specified applications that are pending 
                                and, as of the date on which the report 
                                is submitted, have not been 
                                adjudicated; and
                                    (bb) the number of such nationals, 
                                disaggregated by type of specified 
                                application described in subparagraphs 
                                (A), (B), and (C) of section 2(b)(3); 
                                and
                                    (II)(aa) the total number of 
                                nationals of Afghanistan residing in 
                                Afghanistan who meet the requirements 
                                for admission to the United States 
                                through specified applications; and
                                    (bb) the number of such nationals, 
                                disaggregated by type of specified 
                                application described in subparagraphs 
                                (A), (B), and (C) of section 2(b)(3).
                            (ii) A description of the steps the 
                        Secretary of State has taken and is taking to 
                        facilitate the relocation and resettlement of 
                        nationals of Afghanistan who--
                                    (I) supported the United States 
                                mission in Afghanistan; and
                                    (II) remain in Afghanistan or in 
                                third countries.
                            (iii) An identification of all 
                        considerations, including resource constraints, 
                        that limit the ability of the Secretary of 
                        State to facilitate such relocations and 
                        resettlements.
                            (iv) A strategy and detailed plan that--
                                    (I) sets forth the manner in which 
                                members of the Task Force will address 
                                such considerations in order to 
                                facilitate such relocations and 
                                resettlements over different periods of 
                                time (including 1-year, 5-year, and 10-
                                year periods) and an analysis of the 
                                expected number of nationals of 
                                Afghanistan who would be relocated or 
                                resettled through such strategy; and
                                    (II) addresses the constraints and 
                                opportunities for expanding support for 
                                such relocations and resettlements, 
                                including--
                                            (aa) the availability of 
                                        remote processing for 
                                        individuals residing in 
                                        Afghanistan;
                                            (bb) the availability and 
                                        capacity of mechanisms for 
                                        individuals to be relocated 
                                        from Afghanistan, including air 
                                        charter or land passage;
                                            (cc) the availability and 
                                        capacity of sites in third 
                                        countries to process 
                                        applications and conduct any 
                                        required vetting, including 
                                        identifying and establishing 
                                        additional sites;
                                            (dd) resource, personnel, 
                                        and equipment requirements to 
                                        increase the capacity to better 
                                        support such nationals of 
                                        Afghanistan and reduce 
                                        application processing times;
                                            (ee) the provision of 
                                        updates and necessary 
                                        information to affected 
                                        individuals and relevant 
                                        nongovernmental organizations; 
                                        and
                                            (ff) any other matter the 
                                        Task Force considers relevant 
                                        to the implementation of the 
                                        strategy.
                            (v) Recommendations for how Congress can 
                        expand the number of nationals of Afghanistan 
                        who can be relocated or resettled over such 
                        periods of time by providing additional 
                        authorities or resources.
                    (C) Form.--The report required by subparagraph (A) 
                shall be submitted in unclassified form, but may 
                include a classified annex.
            (2) Briefing.--Not later than 60 days after submitting the 
        report required by paragraph (1), the Task Force shall brief 
        the Committee on Appropriations and the Committee on Foreign 
        Relations of the Senate and the Committee on Appropriations and 
        the Committee on Foreign Affairs of the House of 
        Representatives on the contents of such report.
    (e) Termination.--The Task Force shall remain in effect until the 
earlier of--
            (1) the date on which the strategy required by subsection 
        (d)(1) has been fully implemented; or
            (2) the date that is 10 years after the date of the 
        enactment of this Act.

SEC. 6. ADJUSTMENT OF STATUS FOR ELIGIBLE AFGHAN NATIONALS.

    (a) Definition of Eligible Afghan National.--In this section, the 
term ``eligible Afghan national'' means--
            (1) an alien--
                    (A)(i) who is a citizen or national of Afghanistan; 
                or
                    (ii) in the case of an alien having no nationality, 
                whose former or last habitual residence was in 
                Afghanistan; and
                    (B)(i) who was inspected and admitted to the United 
                States on or before the date of the enactment of this 
                Act;
                    (ii) who was paroled into the United States during 
                the period beginning on July 30, 2021, and ending on 
                the date of the enactment of this Act, provided that 
                such parole has not been terminated by the Secretary of 
                Homeland Security;
                    (iii) whose travel to the United States was 
                facilitated by, or coordinated with, the United States 
                Government; or
                    (iv) who arrived in the United States after the 
                date of the enactment of this Act, provided that the 
                Secretary of Homeland Security, in cooperation with 
                other Federal agency partners, determines that the 
                alien supported the United States mission in 
                Afghanistan;
            (2) an alien who is the spouse or child (as defined in 
        section 101(b)(1) of the Immigration and Nationality Act (8 
        U.S.C. 1101(b)(1))) of an alien described in paragraph (1); and
            (3) an alien who is the spouse or child (as defined in 
        section 101(b)(1) of the Immigration and Nationality Act (8 
        U.S.C. 1101(b)(1))) of an alien described in paragraph (1) who 
        is deceased.
    (b) Streamlined Adjustment Process for Eligible Afghan Nationals 
Who Supported the United States Mission in Afghanistan.--
            (1) In general.--Notwithstanding any other provision of 
        law, the Secretary of Homeland Security shall adjust the status 
        of an eligible Afghan national to the status of an alien 
        lawfully admitted for permanent residence if--
                    (A) the eligible Afghan national--
                            (i) has--
                                    (I) received Chief of Mission 
                                approval as part of their application 
                                for special immigrant status;
                                    (II) received a Priority 1 or 
                                Priority 2 referral to the United 
                                States Refugee Admissions Program; or
                                    (III) a pending application for 
                                special immigrant status that was 
                                submitted on or before July 31, 2018;
                            (ii) submits an application for adjustment 
                        of status in accordance with procedures 
                        established by the Secretary of Homeland 
                        Security;
                            (iii) subject to paragraph (2), is 
                        otherwise admissible to the United States as an 
                        immigrant, except that the grounds of 
                        inadmissibility under paragraphs (4), (5), and 
                        (7)(A) of section 212(a) the Immigration and 
                        Nationality Act (8 U.S.C. 1182(a)) shall not 
                        apply; and
                            (iv) has complied with the vetting 
                        requirements under subsection (d)(1) to the 
                        satisfaction of the Secretary of Homeland 
                        Security; and
                    (B) the Secretary of Homeland Security determines 
                that the adjustment of status of the eligible Afghan 
                national is not contrary to the national welfare, 
                safety, or security of the United States.
            (2) Applicability of refugee admissibility requirements.--
        The provisions relating to admissibility for a refugee seeking 
        adjustment of status under section 209(c) of the Immigration 
        and Nationality Act (8 U.S.C. 1159(c)) shall apply to an 
        applicant for adjustment of status under this subsection.
    (c) Adjustment Process for Other Eligible Afghan Nationals.--
            (1) In general.--Notwithstanding any other provision of 
        law, the Secretary of Homeland Security shall adjust the status 
        of an eligible Afghan national who does not meet the 
        requirements set forth in subsection (b)(1)(A)(i) to the status 
        of an alien lawfully admitted for permanent residence if--
                    (A) the eligible Afghan national--
                            (i) has been physically present in the 
                        United States for a period not less than 2 
                        years;
                            (ii) submits an application for adjustment 
                        of status in accordance with procedures 
                        established by the Secretary of Homeland 
                        Security;
                            (iii) subject to paragraph (2), is 
                        otherwise admissible to the United States as an 
                        immigrant, except that the grounds of 
                        inadmissibility under paragraphs (4), (5), and 
                        (7)(A) of section 212(a) the Immigration and 
                        Nationality Act (8 U.S.C. 1182(a)) shall not 
                        apply; and
                            (iv) has complied with the vetting 
                        requirements under paragraphs (1) and (2) of 
                        subsection (d) to the satisfaction of the 
                        Secretary of Homeland Security; and
                    (B) the Secretary of Homeland Security determines 
                that the adjustment of status of the eligible Afghan 
                national is not contrary to the national welfare, 
                safety, or security of the United States.
            (2) Waiver.--
                    (A) In general.--With respect to an applicant for 
                adjustment of status under this subsection, subject to 
                subparagraph (B), the Secretary of Homeland Security 
                may waive any applicable ground of inadmissibility 
                under section 212(a) of the Immigration and Nationality 
                Act (8 U.S.C. 1182(a)) (other than paragraphs 2(C) or 
                (3) of such section) for humanitarian purposes, to 
                ensure family unity, or if a waiver is otherwise in the 
                public interest.
                    (B) Limitations.--The Secretary of Homeland 
                Security may not waive under this paragraph any 
                applicable ground of inadmissibility under section 
                212(a)(2) of the Immigration and Nationality Act (8 
                U.S.C. 1182(a)(2)) that arises due to criminal conduct 
                that was committed--
                            (i) on or after July 30, 2021;
                            (ii) within the United States; and
                            (iii) by an applicant for adjustment of 
                        status under this subsection.
                    (C) Rule of construction.--Nothing in this 
                paragraph may be construed to limit any other waiver 
                authority.
            (3) Rule of construction.--Nothing in this subsection may 
        be construed to require the Secretary of Homeland Security to 
        complete the vetting process with respect to an applicant for 
        adjustment of status under this subsection within the 2-year 
        period described in paragraph (1)(A)(i).
    (d) Interview and Vetting Requirements.--
            (1) Vetting requirements for all applicants.--The Secretary 
        of Homeland Security shall establish vetting requirements for 
        applicants seeking adjustment of status under this section that 
        are equivalent to the vetting requirements for refugees 
        admitted to the United States through the United States Refugee 
        Admissions Program, including an interview.
            (2) Additional vetting requirements for other eligible 
        afghan nationals.--The Secretary of Homeland Security, in 
        consultation with the Secretary of Defense, shall maintain 
        records that contain, for each applicant under subsection (c) 
        for the duration of the pendency of their application for 
        adjustment of status--
                    (A) personal biographic information, including name 
                and date of birth;
                    (B) biometric information;
                    (C) any criminal conviction occurring after the 
                date on which the applicant entered the United States; 
                and
                    (D) the history of the United States Government 
                vetting to which the applicant has submitted, including 
                whether the individual has undergone in-person vetting.
            (3) Rule of construction.--Nothing in this subsection may 
        be construed to limit the authority of the Secretary of 
        Homeland Security to maintain records under any other law.
    (e) Protection for Battered Spouses.--
            (1) In general.--An alien whose marriage to an eligible 
        Afghan national described in paragraph (1) of subsection (a) 
        has been terminated shall be eligible for adjustment of status 
        under this section as an alien described in paragraph (2) of 
        that subsection for not more than 2 years after the date on 
        which such marriage is terminated if there is a demonstrated 
        connection between the termination of the marriage and 
        battering or extreme cruelty perpetrated by the principal 
        applicant.
            (2) Applicability of other law.--In reviewing an 
        application for adjustment of status under this section with 
        respect to spouses and children who have been battered or 
        subjected to extreme cruelty, the Secretary of Homeland 
        Security shall apply section 204(a)(1)(J) of the Immigration 
        and Nationality Act (8 U.S.C. 1154(a)(1)(J)) and section 384 of 
        the Illegal Immigration Reform and Immigrant Responsibility Act 
        of 1996 (8 U.S.C. 1367).
    (f) Date of Approval.--Upon the approval of an application for 
adjustment of status under this section, the Secretary of Homeland 
Security shall create a record of the alien's admission as a lawful 
permanent resident as of the date on which the alien was inspected and 
admitted or paroled into the United States.
    (g) Prohibition on Further Authorization of Parole.--
            (1) In general.--Except as provided in paragraph (2), an 
        individual who is a national of Afghanistan shall not be 
        authorized for an additional period of parole if such 
        individual--
                    (A) is eligible to apply for adjustment of status 
                under this section; and
                    (B) fails to submit an application for adjustment 
                of status by the later of--
                            (i) the date that is 1 year after the date 
                        on which final guidance described in subsection 
                        (h)(2) is published; or
                            (ii) the date that is 1 year after the date 
                        on which such individual becomes eligible to 
                        apply for adjustment of status under this 
                        section.
            (2) Exception.--An individual described in paragraph (1)(A) 
        may be authorized for an additional period of parole if such 
        individual--
                    (A) within the period described in paragraph 
                (1)(B), seeks an extension to file an application for 
                adjustment of status under this section; or
                    (B) has previously submitted to a vetting 
                equivalent of the vetting required under subsection 
                (d).
            (3) Deadline for application.--Except as provided in 
        paragraph (2), a national of Afghanistan who does not submit an 
        application for adjustment of status within the timeline 
        provided in paragraph (1)(B) may not later adjust status under 
        this section.
    (h) Implementation.--
            (1) Interim guidance.--
                    (A) In general.--Not later than 180 days after the 
                date of the enactment of this Act, the Secretary of 
                Homeland Security shall issue guidance implementing 
                this section.
                    (B) Publication.--Notwithstanding section 553 of 
                title 5, United States Code, such guidance--
                            (i) may be published on the internet 
                        website of the Department of Homeland Security; 
                        and
                            (ii) shall be effective on an interim basis 
                        immediately upon such publication but may be 
                        subject to change and revision after notice and 
                        an opportunity for public comment.
            (2) Final guidance.--Not later than 1 year after the date 
        of the enactment of this Act, the Secretary of Homeland 
        Security shall finalize guidance implementing this section.
    (i) Administrative Review.--The Secretary of Homeland Security 
shall provide applicants for adjustment of status under this section 
with the same right to, and procedures for, administrative review as 
are provided to applicants for adjustment of status under section 245 
of the Immigration and Nationality Act (8 U.S.C. 1255).
    (j) Prohibition on Fees.--The Secretary of Homeland Security may 
not charge a fee to any eligible Afghan national in connection with--
            (1) an application for adjustment of status or employment 
        authorization under this section; or
            (2) the issuance of a permanent resident card or an 
        employment authorization document.
    (k) Pending Applications.--During the period beginning on the date 
on which an alien files a bona fide application for adjustment of 
status under this section and ending on the date on which the Secretary 
of Homeland Security makes a final administrative decision regarding 
such application, any alien and any dependent included in such 
application who remains in compliance with all application requirements 
may not be--
            (1) removed from the United States unless the Secretary of 
        Homeland Security makes a prima facie determination that the 
        alien is, or has become, ineligible for adjustment of status 
        under this section;
            (2) considered unlawfully present under section 
        212(a)(9)(B) of the Immigration and Nationality Act (8 U.S.C. 
        1182(a)(9)(B)); or
            (3) considered an unauthorized alien (as defined in section 
        274A(h)(3) of the Immigration and Nationality Act (8 U.S.C. 
        1324a(h)(3))).
    (l) VAWA Self Petitioners.--Section 101(a)(51) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)(51)) is amended--
            (1) in subparagraph (F), by striking ``or'';
            (2) in subparagraph (G), by striking the period at the end 
        and inserting ``; or''; and
            (3) by adding at the end the following:
                    ``(H) subsections (b) and (c) of section 6 of the 
                Afghan Adjustment Act.''.
    (m) Exemption From Numerical Limitations.--Aliens granted 
adjustment of status under this section shall not be subject to the 
numerical limitations under sections 201, 202, and 203 of the 
Immigration and Nationality Act (8 U.S.C. 1151, 1152, and 1153).
    (n) Rule of Construction.--Nothing in this section may be construed 
to preclude an eligible Afghan national from applying for or receiving 
any immigration benefit to which the eligible Afghan national is 
otherwise entitled.

SEC. 7. SPECIAL IMMIGRANT STATUS FOR AT-RISK AFGHAN ALLIES AND 
              RELATIVES OF CERTAIN MEMBERS OF THE ARMED FORCES.

    (a) At-Risk Afghan Allies.--
            (1) In general.--Subject to paragraph (4)(C), the Secretary 
        of Homeland Security may provide an alien described in 
        paragraph (2) (and the spouse, children of the alien if 
        accompanying or following to join the alien) with the status of 
        special immigrant under section 101(a)(27) of the Immigration 
        and Nationality Act (8 U.S.C. 1101(a)(27)) if the alien--
                    (A) or an agent acting on behalf of the alien, 
                submits a petition for classification under section 
                203(b)(4) of such Act (8 U.S.C. 1153(b)(4));
                    (B) is otherwise admissible to the United States 
                and eligible for lawful permanent residence (excluding 
                the grounds of inadmissibility under section 212(a)(4) 
                of such Act (8 U.S.C. 1182(a)(4)));
                    (C) clears a background check and appropriate 
                screening, as determined by the Secretary of Homeland 
                Security; and
                    (D) the Secretary of Homeland Security determines 
                that the adjustment of status of the alien is not 
                contrary to the national welfare, safety, or security 
                of the United States.
            (2) Alien described.--An alien described in this paragraph 
        is an alien who--
                    (A) is a citizen or national of Afghanistan;
                    (B) was a member of--
                            (i) the Afghanistan National Army Special 
                        Operations Command;
                            (ii) the Afghan Air Force;
                            (iii) the Special Mission Wing of 
                        Afghanistan; or
                            (iv) the Female Tactical Teams of 
                        Afghanistan; and
                    (C) provided faithful and valuable service to an 
                entity or organization described in subparagraph (B) 
                for not less than 1 year.
            (3) Department of defense assessment.--
                    (A) In general.--Not later than 30 days after 
                receiving a request for an assessment from the 
                Secretary of Homeland Security, the Secretary of 
                Defense shall--
                            (i) review the service record of the 
                        principal applicant;
                            (ii) submit an assessment to the Secretary 
                        of Homeland Security as to whether--
                                    (I) the principal applicant meets 
                                the requirements under paragraph (2); 
                                and
                                    (II) the adjustment of status of 
                                such alien, and the spouse, children, 
                                and parents of such alien, if 
                                accompanying or following to join the 
                                alien, is not contrary to the national 
                                welfare, safety, or security of the 
                                United States; and
                            (iii) submit with such assessment--
                                    (I) any service record concerned; 
                                and
                                    (II) any biometrics for the 
                                principal applicant that have been 
                                collected by the Department of Defense.
                    (B) Effect of assessment.--A favorable assessment 
                under subparagraph (A)(ii) shall create a presumption 
                that--
                            (i) the principal applicant meets the 
                        requirements under paragraph (2); and
                            (ii) the admission of such alien, and the 
                        spouse, children, and parents of the alien, if 
                        accompanying or following to join the alien, is 
                        not contrary to the national welfare, safety, 
                        or security of the United States.
                    (C) Efficient processing.--For purposes of a 
                background check and appropriate screening required to 
                be granted special immigrant status under this 
                subsection, the Secretary of Homeland Security, as 
                appropriate, shall use biometric data collected by the 
                Secretary of Defense or the Secretary of State not more 
                than 5 years before the date on which an application 
                for such status is filed.
    (b) Special Immigrant Status for Certain Relatives of Certain 
Members of the Armed Forces.--Section 101(a)(27) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(27)) is amended--
            (1) in subparagraph (L)(iii), by adding a semicolon at the 
        end;
            (2) in subparagraph (M), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(N) a citizen or national of Afghanistan who is 
                the spouse, child, or unmarried son or daughter of--
                            ``(i) a member of the armed forces (as 
                        defined in section 101(a) of title 10, United 
                        States Code); or
                            ``(ii) a veteran (as defined in section 101 
                        of title 38, United States Code).''.
    (c) General Provisions.--
            (1) Prohibition on fees.--The Secretary of Homeland 
        Security, the Secretary of Defense, or the Secretary of State 
        may not charge any fee in connection with an application for, 
        or issuance of, a special immigrant visa under this section or 
        an amendment made by this section.
            (2) Representation.--An alien applying for admission to the 
        United States under this section, or an amendment made by this 
        section, may be represented during the application process, 
        including at relevant interviews and examinations, by an 
        attorney or other accredited representative. Such 
        representation shall not be at the expense of the United States 
        Government.
            (3) Exclusion from numerical limitations.--Aliens provided 
        special immigrant visas under this section, or an amendment 
        made by this section, shall not be counted against any 
        numerical limitation under section 201(d), 202(a), or 203(b)(4) 
        of the Immigration and Nationality Act (8 U.S.C. 1151(d), 
        1152(a), and 1153(b)(4)) or section 602 of the Afghan Allies 
        Protection Act of 2009 (Public Law 111-8; 8 U.S.C. 1101 note).
            (4) Assistance with passport issuance.--The Secretary of 
        State shall make a reasonable effort to ensure that an alien 
        who is issued a special immigrant visa under this section, or 
        an amendment made by this section, is provided with the 
        appropriate series Afghan passport necessary to enter the 
        United States.
            (5) Protection of aliens.--The Secretary of State, in 
        consultation with the heads of other appropriate Federal 
        agencies, shall make a reasonable effort to provide an alien 
        who is seeking special immigrant status under this section, or 
        an amendment made by this section, protection or to immediately 
        remove such alien from Afghanistan, if possible.
            (6) Other eligibility for immigrant status.--No alien shall 
        be denied the opportunity to apply for admission under this 
        section, or an amendment made by this section, solely because 
        the alien qualifies as an immediate relative or is eligible for 
        any other immigrant classification.
            (7) Resettlement support.--A citizen or national of 
        Afghanistan who is granted special immigrant status described 
        in section 101(a)(27) of the Immigration and Nationality Act (8 
        U.S.C. 1101(a)(27)) shall be eligible for resettlement 
        assistance, entitlement programs, and other benefits available 
        to refugees admitted under section 207 of such Act (8 U.S.C. 
        1157) to the same extent, and for the same periods of time, as 
        such refugees.
            (8) Adjustment of status.--Notwithstanding paragraph (2), 
        (7), or (8) of subsection (c) of section 245 of the Immigration 
        and Nationality Act (8 U.S.C. 1255), the Secretary of Homeland 
        Security may adjust the status of an alien described in 
        subparagraph (N) of section 101(a)(27) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(27)) or subsection (a)(2) of 
        this section to that of an alien lawfully admitted for 
        permanent residence under subsection (a) of such section 245 if 
        the alien--
                    (A) was paroled or admitted as a nonimmigrant into 
                the United States; and
                    (B) is otherwise eligible for special immigrant 
                status under--
                            (i) this section; or
                            (ii) the Immigration and Nationality Act (8 
                        U.S.C. 1101 et seq.).
            (9) Appeals.--
                    (A) Administrative review.--Not later than 30 days 
                after the date of the enactment of this Act, the 
                Secretary of Homeland Security shall provide to aliens 
                who have applied for special immigrant status under 
                this section a process by which an applicant may seek 
                administrative appellate review of a denial of an 
                applicant for special immigrant status or a revocation 
                of such status.
                    (B) Judicial review.--Except as provided in 
                subparagraph (C), and notwithstanding any other 
                provision of law, an alien may seek judicial review of 
                a denial of an application for special immigrant status 
                or a revocation of such status under this Act, in an 
                appropriate United States district court.
                    (C) Stay of removal.--
                            (i) In general.--Except as provided in 
                        clause (ii), an alien seeking administrative or 
                        judicial review under this Act may not be 
                        removed from the United States until a final 
                        decision is rendered establishing that the 
                        alien is ineligible for special immigrant 
                        status under this section.
                            (ii) Exception.--The Secretary may remove 
                        an alien described in clause (i) pending 
                        judicial review if such removal is based on 
                        national security concerns. Such removal shall 
                        not affect the alien's right to judicial review 
                        under this Act. The Secretary shall promptly 
                        return a removed alien if a decision to deny an 
                        application for special immigrant status under 
                        this Act, or to revoke such status, is 
                        reversed.

SEC. 8. SEVERABILITY.

    If any provision of this Act, or the application of such provision 
to any person or circumstance, is held to be unconstitutional, the 
remainder of this Act, and the application of the remaining provisions 
of this Act, to any person or circumstance, shall not be affected.
                                 <all>