Sec. 415.

470 words·~2 min read·/bill/117/s/3058/is/section-415

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Notwithstanding section 204(a)(1)(I)(ii)(II) of the Immigration and Nationality Act ( 8 U.S.C. 1154(a)(1)(I)(ii)(II) ), and subject to subsection

(d)of this section, an immigrant visa for those selected in accordance with section 203(e)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1153(e)(2) ) in any of fiscal years 2017, 2018, 2019, 2020, or 2021 shall remain available to such alien if the alien was refused a visa, prevented from seeking admission, or denied admission to the United States solely because of— Executive Order 13769 (82 Fed. Reg. 8977; relating to Protecting the Nation from Foreign Terrorist Entry into the United States ); Executive Order 13780 (82 Fed. Reg. 13209; relating Protecting the Nation from Foreign Terrorist Entry into the United States ); Proclamation 9645 (82 Fed. Reg. 45161; relating to Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry into the United States by Terrorists or Other Public-Safety Threats ); or Proclamation 9983 (85 Fed. Reg. 6699; relating to Improving Enhanced Vetting Capabilities and Processes for Detecting Attempted Entry into the United States by Terrorists or Other Public-Safety Threats ). Not later than 90 days after the date of the enactment of this section, the Secretary of State shall— provide written notice, consistent with subsection (c), to each alien described in subsection

(a)(and such alien's representative, if applicable) of the alien's continuing eligibility to apply for a visa under section 203(c) of the Immigration and Nationality Act ( 8 U.S.C. 1153(c) ); and publish on the Department of State website, information and procedures implementing this section. The notice described in subsection (b)(1) shall include procedures for the alien to inform the Secretary of State of the alien's intent to proceed with or abandon the application, and shall include an advisal that such appliction shall be deemed abandoned if the alien fails to notify the Secretary of State of the alien's intent to proceed within one year after the date on which the notice was issued. An alien described in subsection

(a)shall remain eligible to receive a visa described in such subsection until the earliest of the date that— the alien— notifies the Secretary of State of the alien's intent to abandon the application; or fails to respond to the notice described in subsection (b)(1); or the Secretary of State makes a final determination of the alien's ineligibility for such visa under section 203(c)(2), 204(a)(1)(I)(iii), or 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1153(c)(2) , 1154(a)(1)(I)(iii), or 1182(a)). A determination of whether an alien is the child of a visa recipient described in subsection (a), pursuant to section 203(d) of the Immigration and Nationality Act ( 8 U.S.C. 153(d) ) shall be made using the age of the child when applicant was initially selected for a visa in accordance with section 203(e)(2) of such Act.

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U.S. Code