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Code · BILL · 116th Congress · H.R. 8428 (Introduced in House) — To provide for temporary protected status for residents of Hong Kong, and for other purposes. · Sec. 5

Sec. 5. Temporary protected status for Hong Kong residents in the United States

402 words·~2 min read·/bill/116/hr/8428/ih/section-5

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For purposes of section 244 of the Immigration and Nationality Act ( 8 U.S.C. 1254a ), Hong Kong shall be treated as if it had been designated under subsection (b)(1)(C) of that section, subject to the provisions of this section. The initial period of the designation referred to in paragraph
(1)shall be for the 18-month period beginning on the date of enactment of this Act. As a result of the designation made under subsection (a), an alien is deemed to satisfy the requirements under paragraph
(1)of section 244(c) of the Immigration and Nationality Act ( 8 U.S.C. 1254a(c) ), subject to paragraph
(3)of such section, if the alien— was a lawful permanent resident of Hong Kong at the time such individual arrived into the United States and is a national of the PRC; has been continuously physically present in the United States since the date of the enactment of this Act; is admissible as an immigrant, except as otherwise provided in paragraph (2)(A) of such section, and is not ineligible for temporary protected status under paragraph (2)(B) of such section; and registers for temporary protected status in a manner established by the Secretary of Homeland Security. The Secretary of Homeland Security shall give prior consent to travel abroad, in accordance with section 244(f)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1254a(f)(3) ), to an alien who is granted temporary protected status pursuant to the designation made under subsection
(a)if the alien establishes to the satisfaction of the Secretary of Homeland Security that emergency and extenuating circumstances beyond the control of the alien require the alien to depart for a brief, temporary trip abroad. An alien returning to the United States in accordance with an authorization described in paragraph
(1)shall be treated as any other returning alien provided temporary protected status under section 244 of the Immigration and Nationality Act ( 8 U.S.C. 1254a ). In addition to any other fee authorized by law, the Secretary of Homeland Security is authorized to charge and collect a fee of $360 for each application for temporary protected status under section 244 of the Immigration and Nationality Act by a person who is only eligible for such status by reason of subsection (a). The Secretary of Homeland Security shall permit aliens to apply for a waiver of any fees associated with filing an application referred to in paragraph (1).
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Sec. 5
Temporary protected status for Hong Kong residents in the United States
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