Sec. 807. Protections for a fiancée or fiancé of a citizen
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Section 214 of the Immigration and Nationality Act ( 8 U.S.C. 1184 ) is amended— in subsection (d)— in paragraph (1), by striking crime. and inserting crime described in paragraph (3)(B) and information on any permanent protection or restraining order issued against the petitioner related to any specified crime described in paragraph (3)(B)(i). ; in paragraph (2)(A), in the matter preceding clause (i)— by striking a consular officer and inserting the Secretary of Homeland Security ; and by striking the officer and inserting the Secretary ; and in paragraph (3)(B)(i), by striking abuse, and stalking. and inserting abuse, stalking, or an attempt to commit any such crime. ; and in subsection (r)— in paragraph (1), by striking crime. and inserting crime described in paragraph (5)(B) and information on any permanent protection or restraining order issued against the petitioner related to any specified crime described in subsection (5)(B)(i). ; and by amending paragraph (4)(B)(ii) to read as follows:
To notify the beneficiary as required by clause (i), the Secretary of Homeland Security shall provide such notice to the Secretary of State for inclusion in the mailing to the beneficiary described in section 833(a)(5)(A)(i) of the International Marriage Broker Regulation Act of 2005 ( 8 U.S.C. 1375a(a)(5)(A)(i) ). ; and in paragraph (5)(B)(i), by striking abuse, and stalking. and inserting abuse, stalking, or an attempt to commit any such crime. . Section 833 of the International Marriage Broker Regulation Act of 2005 ( 8 U.S.C. 1375a ) is amended— in subsection (a)(5)(A)— in clause (iii)— by striking State any and inserting State, for inclusion in the mailing described in clause (i), any ; and by striking the last sentence; and by adding at the end the following:
The Secretary of Homeland Security shall conduct a background check of the National Crime Information Center’s Protection Order Database on each petitioner for a visa under subsection
(d)or
(r)of section 214 of the Immigration and Nationality Act ( 8 U.S.C. 1184 ). Any appropriate information obtained from such background check— shall accompany the criminal background information provided by the Secretary of Homeland Security to the Secretary of State and shared by the Secretary of State with a beneficiary of a petition referred to in clause (iii); and shall not be used or disclosed for any other purpose unless expressly authorized by law. The Secretary of Homeland Security shall create a cover sheet or other mechanism to accompany the information required to be provided to an applicant for a visa under subsection
(d)or
(r)of section 214 of the Immigration and Nationality Act ( 8 U.S.C. 1184 ) by clauses
(i)through
(iv)of this paragraph or by clauses
(i)and
(ii)of subsection (r)(4)(B) of such section 214, that calls to the applicant’s attention— whether the petitioner disclosed a protection order, a restraining order, or criminal history information on the visa petition; the criminal background information and information about any protection order obtained by the Secretary of Homeland Security regarding the petitioner in the course of adjudicating the petition; and whether the information the petitioner disclosed on the visa petition regarding any previous petitions filed under subsection
(d)or
(r)of such section 214 is consistent with the information in the multiple visa tracking database of the Department of Homeland Security, as described in subsection (r)(4)(A) of such section 214. ; and in subsection (b)(1)(A), by striking or after orders and inserting and .
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