Sec. 304. Central American minors program
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/bill/116/hr/3524/ih/section-304·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
If it is determined as a result of the assessment under section 302(b) that an alien is eligible for special immigrant status in accordance with this subsection, the Designated Processing Center shall accept a petition for such status filed by the alien, or on behalf of the alien by a parent or legal guardian, and, subject to subsection
(d)and notwithstanding any other provision of law, the Secretary of Homeland Security shall provide the alien with status as a special immigrant under section 101(a)(27) of the Immigration and Nationality Act. An alien shall be eligible under this subsection if the alien— is a national of El Salvador, Honduras, or Guatemala; is an unmarried child (as defined in section 101(b)(1) of the Immigration and Nationality Act) of an individual who is lawfully present in the United States; is otherwise eligible to receive an immigrant visa; and is otherwise admissible to the United States (excluding the grounds of inadmissibility specified in section 212(a)(4) of the Immigration and Nationality Act). Any child (as defined in section 101(b)(1) of the Immigration and Nationality Act) of an alien described in subsection
(b)is entitled to the same special immigrant status if accompanying or following to join the alien. The total number of aliens who may be provided special immigrant status under this section may not exceed 10,000 per year for the fiscal year during which at least one Designated Processing Center commences operations, and for each of the four fiscal years that immediately follow. Aliens provided special immigrant status under this section shall not be counted against any numerical limitation under section 201, 202, or 203 of the Immigration and Nationality Act. If the numerical limitation under paragraph
(1)is not reached during a given fiscal year, the numerical limitation under such paragraph for the following fiscal year shall be increased by a number equal to the difference between— the total number of aliens provided special immigrant status under paragraph
(1)for the given fiscal year; and the number of aliens provided special immigrant status under this section during the given fiscal year. Absent exceptional circumstances, an eligible alien shall be permitted to submit a petition for special immigrant status under this section up to 90 days after the date the alien was determined to be eligible for such status. Absent exceptional circumstances, petitions submitted under this section shall be adjudicated not later than 180 days after submission. The Secretary of Homeland Security shall deem an application filed under the Central American Minors Refugee Program, established on December 1, 2014 and terminated on August 16, 2017, and which was not the subject of a final disposition prior to January 31, 2018, to be a petition filed under this section. Absent exceptional circumstances, the Secretary shall make a final determination on such petitions not later than 180 days after the date of enactment of this Act. The Secretary shall promptly notify all relevant parties of the conversion of a CAM application into a special immigrant petition, and shall provide instructions for withdrawal of the petition if the alien no longer wishes to proceed with the requested relief. Petitioners for special immigrant status under this section shall be required to submit biometric and biographic data in accordance with procedures established by the Assistant Director of Regional Processing. The Assistant Director shall provide an alternative procedure for applicants who are unable to provide all required biometric data due to a physical or mental impairment. The Assistant Director of Regional Processing shall utilize biometric, biographic, and other appropriate data to conduct security and law enforcement background checks of petitioners to determine whether there is any criminal, national security, or other ground that would render the applicant ineligible for special immigrant status under this section. The security and law enforcement background checks required under subparagraph
(B)shall be completed, to the satisfaction of the Assistant Director of Regional Processing, before the date on which a petition for special immigrant status under this section may be approved.