Sec. 4. Waiver of immigrant status presumption
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/bill/117/s/1080/is/section-4A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The presumption under the first sentence of section 214(b) of the Immigration and Nationality Act ( 8 U.S.C. 1184(b) ) that every alien is an immigrant until the alien establishes that the alien is entitled to nonimmigrant status shall not apply to an alien described in subsection (b). Subject to paragraph (2), an alien described in this subsection is an alien who— is an Uyghur or a member of another predominately Turkic or Muslim ethnic group, including Kazakhs and Kyrgyz, and was a resident of the Xinjiang Uyghur Autonomous Region on January 1, 2021; or fled the Xinjiang Uyghur Autonomous Region after June 30, 2009, and resides in a different province of China or in another foreign country; is seeking entry to the United States to apply for asylum under section 208 of the Immigration and Nationality Act ( 8 U.S.C. 1158 ); and is facing repression in the Xinjiang Uyghur Autonomous Region by the Government of the People’s Republic of China including— forced and arbitrary detention including in internment and reeducation camps; forced political indoctrination, torture, beatings, food deprivation, and denial of religious, cultural, and linguistic freedoms; forced labor; forced separation from family members; or other forms of systemic threats, harassment, and gross human rights violations.
An alien described in this subsection does not include any alien who— is a citizen or permanent resident of a country other than the People’s Republic of China; or is determined to have committed a gross violation of human rights. The filing by an alien described in subsection
(b)of an application for a preference status under section 204 of the Immigration and Nationality Act ( 8 U.S.C. 1154 ) or otherwise seeking permanent residence in the United States shall not be deemed as evidence of the alien’s intention to abandon a foreign residence for purposes of obtaining a visa as a nonimmigrant described in subparagraph (H)(i)(b), (H)(i)(c), (L), or
(V)of section 101(a)(15) of such Act ( 8 U.S.C. 1101(a)(15) ) or otherwise obtaining or maintaining the status of a nonimmigrant described in any such subparagraph if the alien had obtained a change of status under section 208 of such Act to a classification as such a nonimmigrant before the alien’s most recent departure from the United States.
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