Sec. 3. Waiver of immigrant status presumption
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/bill/117/s/295/is/section-3A 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). An alien described in this paragraph is an alien who— is a resident of the Hong Kong Special Administrative Region on February 8, 2021; 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 had a leadership role in civil society organizations supportive of the protests in 2019 and 2020 relating to the Hong Kong extradition bill and the encroachment on the autonomy of Hong Kong by the People’s Republic of China; had an organizing role for such protests; acted as a first aid responder for such protests; suffered harm while covering such protests as a journalist; provided paid or pro-bono legal services to 1 or more individuals arrested for participating in such protests; or during the period beginning on June 9, 2019, and ending on February 8, 2021, was formally charged, detained, or convicted for his or her participation in such protests.
An alien described in this paragraph does not include any alien who is a citizen of a country other than the People’s Republic of China.
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