Sec. 2207. Central American Minors Program
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/bill/117/hr/1177/ih/section-2207·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
If an assessment under section 2205(b) results in a determination that a noncitizen is eligible for special immigrant status in accordance with this subsection— the designated processing center that conducted such assessment may accept a petition for such status filed by the noncitizen, or on behalf of the noncitizen by a parent or legal guardian; and subject to subsection (d), and notwithstanding any other provision of law, the Secretary may provide such noncitizen with status as a special immigrant under section 101(a)(27) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(27) ).
A noncitizen shall be eligible under this subsection if he or she— is a national of El Salvador, of Honduras, of Guatemala, or of any other Central American country whose nationals the Secretary has determined are eligible for special immigrant status under this section; is a child (as defined in section 101(b)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1101(b)(1) )) of an individual who is lawfully present in the United States; 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 ( 8 U.S.C. 1182(a)(4) )).
Any child (as defined in section 101(b)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1101(b)(1) )) of a noncitizen described in subsection
(a)is entitled to special immigrant status if accompanying or following to join such noncitizen. Noncitizens provided special immigrant status under this section shall not be counted against any numerical limitation under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq.). The Secretary shall deem an application filed under the Central American Minors Refugee Program, established on December 1, 2014, and terminated on August 16, 2017, which was not the subject of a final disposition before January 31, 2018, to be a petition filed under this section. Absent exceptional circumstances, the Secretary shall make a final determination on applications described in paragraph
(1)not later than 180 days after the date of the enactment of this Act. The Secretary shall— promptly notify all relevant parties of the conversion of an application described in paragraph
(1)into a special immigrant petition; and provide instructions for withdrawal of the petition if the noncitizen does not want to proceed with the requested relief. Petitioners for special immigrant status under this section shall submit biometric and biographic data in accordance with procedures established by the Secretary. An alternative procedure shall be provided for applicants who are unable to provide all required biometric data because of a physical or mental impairment. The Secretary 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 paragraph
(2)shall be completed, to the satisfaction of the Secretary, before the date on which a petition for special immigrant status under this section may be approved.
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