Sec. 5. Protection for Hong Kong residents in the United States
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Section 244 of the Immigration and Nationality Act ( 8 U.S.C. 1254a ) is amended by adding at the end the following: In this subsection, the terms Basic Law and NPC have the meanings given such terms in section 2 of the Hong Kong People's Freedom and Choice Act . Hong Kong shall be treated as having been designated under subsection (b)(1)(C), subject to the provisions of this subsection. The initial period of the designation described in subparagraph
(A)shall be for the 18-month period beginning on the date on which the Standing Committee of the NPC promulgates national security legislation with respect to Hong Kong that amends Article III of the Basic Law. As a result of the designation described in paragraph (2), an alien who is a resident of Hong Kong is deemed to satisfy the requirements under subsection (c)(1) (subject to subsection(c)(3)) if the alien— has been continuously physically present in the United States since the date of the enactment of the Hong Kong People's Freedom and Choice Act ; is admissible as an immigrant, except as otherwise provided in subsection (c)(2)(A); is not ineligible for temporary protected status under subsection (c)(2)(B); 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 subsection (f)(3), to an alien who is granted temporary protected status pursuant to the designation described in paragraph
(2)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 subparagraph
(A)shall be treated as any other returning alien provided temporary protected status under this section. 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 this section 244 by a person who is only eligible for such status by reason of paragraph (2). The Secretary of Homeland Security shall permit aliens to apply for a waiver of any fees associated with filing an application referred to in subparagraph (A). .
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Sec. 5
Protection for Hong Kong residents in the United States
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