Sec. 207. Central American Minors Program
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Section 101(a)(27) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(27) ) is amended— in subparagraph (L)(iii), by inserting a semicolon at the end; in subparagraph (M), by striking the period at the end and inserting ; or ; and by adding at the end the following: an immigrant (and any of his or her children who are accompanying or following to join such immigrant) who is— a national of El Salvador, Honduras, or Guatemala; an unmarried child of an individual who is lawfully present in the United States; otherwise eligible to receive an immigrant visa; and otherwise admissible to the United States (excluding the grounds of inadmissibility specified in section 212(a)(4)). .
The total number of aliens described in section 101(a)(27)(N) of the Immigration and Nationality Act, as added by subsection (a)(3), who may be granted special immigrant status under this section may not exceed 10,000 during any of the 5 consecutive fiscal years beginning with the fiscal year during which the first designated processing center commences operations. Aliens granted 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 ( 8 U.S.C. 1151 et seq.).
If the numerical limitation described in paragraph
(1)is not reached during any 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 who may be granted special immigrant status under this section during the first fiscal year; and the number of aliens who were granted such special immigrant status during the first fiscal year. If an alien is determined to be eligible for special immigrant status pursuant to an assessment under section 205(d)(5), the alien, or a parent or legal guardian of the alien, may submit a petition for special immigrant status under this section at a designated processing center. If an alien who submits a completed petition under subsection
(c)is determined to be eligible for special immigrant status under section 101(a)(27)(N) of the Immigration and Nationality Act, as added by subsection (a)(3), the Secretary, shall grant such status to such alien. Absent exceptional circumstances, petitions submitted under this section shall be adjudicated not later than 180 days after the date on which they are submitted at a designated processing center. 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 before January 31, 2018, to be a petition filed under this section. The Secretary shall— promptly notify all relevant parties of the conversion of applications described in subparagraph
(A)into special immigrant petitions under this section; and provide instructions for withdrawing such petitions to such parties if the alien no longer desires the requested relief. Absent exceptional circumstances, the Secretary shall make a final determination on each petition described in subparagraph
(A)that is not withdrawn pursuant to subparagraph (B)(ii) not later than 180 days after the date of the enactment of this Act. Petitioners for special immigrant status under this section shall 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 of the required biometric data due to a physical or mental impairment. The Assistant Director 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, before the date on which a petition for special immigrant status under this section may be approved.
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