Sec. 1302. Deterring visa overstays
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/bill/115/s/2192/pcs/section-1302·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 214 of the Immigration and Nationality Act ( 8 U.S.C. 1184 ) is amended by striking the section heading and all that follows through subsection (a)(1) and inserting the following: Subject to subparagraphs
(B)and (C), the admission to the United States of any alien as a nonimmigrant may be for such time and under such conditions as the Secretary may prescribe, including when the Secretary deems necessary the giving of a bond with sufficient surety in such sum and containing such conditions as the Secretary shall prescribe, to insure that at the expiration of such time or upon failure to maintain the status under which the alien was admitted, or to maintain any status subsequently acquired under section 248, such alien will depart from the United States. No alien admitted to Guam or the Commonwealth of the Northern Mariana Islands without a visa pursuant to section 212(l) may be authorized to enter or stay in the United States other than in Guam or the Commonwealth of the Northern Mariana Islands or to remain in Guam or the Commonwealth of the Northern Mariana Islands for a period exceeding 45 days from the date of admission to Guam or the Commonwealth of the Northern Mariana Islands. No alien admitted to the United States without a visa pursuant to section 217 may be authorized to remain in the United States as a nonimmigrant visitor for a period exceeding 90 days from the date of admission. Subject to clause (ii), except for an alien admitted as a nonimmigrant under subparagraph
(A)or
(G)of section 101(a)(15) or a NATO nonimmigrant, any alien who remains in the United States beyond the period of stay authorized by the Secretary, without good cause is ineligible for all immigration benefits or relief available under the immigration laws, including relief under sections 240B, 245, 248, and 249, other than— asylum; relief as a victim of trafficking under section 101(a)(15)(T); relief as a victim of criminal activity under section 101(a)(15)(U); relief as a VAWA self-petitioner; relief as a battered spouse or child under section 240A(b)(2); withholding of removal under section 241(b)(3); or protection from removal based on a claim under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York, December 10, 1984. The Secretary may, in the Secretary's sole and unreviewable discretion, determine that a nonimmigrant is not subject to clause
(i)if— the alien was lawfully admitted to the United States as a nonimmigrant; the alien filed a nonfrivolous application for change of status to another nonimmigrant category or extension of stay before the date of expiration of the alien's authorized period of stay as a nonimmigrant; the alien has not been employed without authorization in the United States, before, or during pendency of the application; the alien has not otherwise violated the terms of the alien's nonimmigrant status; and the Secretary, in the Secretary's sole and unreviewable discretion, determines that the alien is not a threat to national security or public safety. For purposes of clause (i), the term good cause means exigent humanitarian circumstances, such as medical emergencies or force majeure. . Section 221(a) of the Immigration and Nationality Act ( 8 U.S.C. 1201(a) ) is amended by adding at the end the following: The Secretary of State shall ensure that every application for a nonimmigrant visa includes an acknowledgment, executed by the alien under penalty of perjury, confirming that the alien— has been notified of the terms and conditions of the nonimmigrant visa, including the waiver of rights under subsection (j); and understands that he or she will be ineligible for all immigration benefits and any form of relief or protection from removal, including relief under sections 240B, 245, 248, and 249, other than a request for asylum, relief as a victim of trafficking under section 101(a)(15)(T), relief as a victim of criminal activity under 101(A)(15)(U), relief as a VAWA self-petitioner, relief as a battered spouse or child under section 240A(b)(2), withholding of removal under section 241(b)(3), or protection from removal based on a claim under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York, December 10, 1984, and from contesting removal if the alien violates any term or condition of his or her nonimmigrant visa or fails to depart the United States at the end of the alien’s authorized period of stay. . Section 221 of the Immigration and Nationality Act, as amended by subsection (b), is further amended by adding at the end the following: The Secretary of State may not issue a nonimmigrant visa under section 214 to an alien (other than an alien who qualifies for a visa under subparagraph
(A)or
(G)of section 101(a)(15), is a VAWA self-petitioner, or qualifies for a visa under the North Atlantic Treaty, signed at Washington April 4, 1949) until the alien has waived any right to relief under sections 240B, 245, 248, and 249 (other than relief from removal under section 241(b)(3)), any form of relief established after the date on which the nonimmigrant visa is issued, and from contesting removal if the alien— violates a term or condition of his or her nonimmigrant status; or fails to depart the United States at the end of the alien’s authorized period of stay. . Section 217(b) of the Immigration and Nationality Act ( 8 U.S.C. 1187(b) ) is amended to read as follows: An alien may not be provided a waiver under the program unless the alien has— signed, under penalty of perjury, an acknowledgement confirming that the alien was notified and understands that he or she will be ineligible for any form of relief or immigration benefit under the Act or any other immigration laws, including sections 240B, 245, 248, and 249 (other than a request for asylum), relief as a victim of trafficking under section 101(a)(15)(T), relief as a victim of criminal activity under 101(A)(15)(U), relief as a VAWA self-petitioner, relief as a battered spouse or child under section 240A(b)(2), withholding of removal under section 241(b)(3), or protection from removal based on a claim under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York, December 10, 1984, if the alien fails to depart from the United States at the end of the 90-day period for admission; waived any right to review or appeal under this Act of an immigration officer’s determination as to the a admissibility of the alien at the port of entry into the United States; and waived any right to contest, other than on the basis of an application for asylum, any action for removal of the alien. . Section 217(c)(2)(E) of the Immigration and Nationality Act ( 8 U.S.C. 1187(c)(2)(E) ) is amended by striking the section header and inserting the following: Any alien who fails to depart from the United States at the end of the 90-day period for admission shall be detained pending removal. .
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