Sec. 130003. ALIEN WITNESS COOPERATION AND COUNTERTERROR- ISM INFORMATION
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## SEC. 130003 ALIEN WITNESS COOPERATION AND COUNTERTERROR- ISM INFORMATION ###
(a)Establishment of New Nonimmigrant Classification Section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) is amended— ####
(1)by striking “or” at the end of subparagraph (Q), ####
(2)by striking the period at the end of subparagraph
(R)and inserting “; or”, and ####
(3)by adding at the end the following new subparagraph: > > ##### “(S) > > subject to section 214(j), an alien— > > > ###### “(i) > > who the Attorney General determines— > > > ###### “(I) > > is in possession of critical reliable information concerning a criminal organization or enterprise; > > > ###### “(II) > > is willing to supply or has supplied such information to Federal or State law enforcement authorities or a Federal or State court; and > > > ###### “(III) > > whose presence in the United States the Attorney General determines is essential to the success of an authorized criminal investigation or the successful prosecution of an individual involved in the criminal organization or enterprise; or > > > ###### “(ii) > > who the Secretary of State and the Attorney General jointly determine— > > > ###### “(I) > > is in possession of critical reliable information concerning a terrorist organization, enterprise, or operation; > > > ###### “(II) > > is willing to supply or has supplied such information to Federal law enforcement authorities or a Federal court; > > > ###### “(III) > > will be or has been placed in danger as a result of providing such information; and > > > ###### “(IV) > > is eligible to receive a reward under section 36(a) of the State Department Basic Authorities Act of 1956, > > and, if the Attorney General (or with respect to clause (ii), the Secretary of State and the Attorney General jointly) considers it to be appropriate, the spouse, married and unmarried sons and daughters, and parents of an alien described in clause
(i)or
(ii)if accompanying, or following to join, the alien.” > . ###
(b)Conditions of Entry ####
(1)Waiver of grounds for exclusion Section 212(d) of the Immigration and Nationality Act (8 U.S.C. 1182(d)) is amended by inserting at the beginning the following new paragraph: > > #### “(1) > > The Attorney General shall determine whether a ground for exclusion exists with respect to a nonimmigrant described in section 101(a)(15)(S). The Attorney General, in the Attorney General's discretion, may waive the application of subsection
(a)(other than paragraph (3)(E)) in the case of a nonimmigrant described in section 101(a)(15)(S), if the Attorney General considers it to be in the national interest to do so. Nothing in this section shall be regarded as prohibiting the Immigration and Naturalization Service from instituting deportation proceedings against an alien admitted as a nonimmigrant under section 101(a)(15)(S) for conduct committed after the alien's admission into the United States, or for conduct or a condition that was not disclosed to the Attorney General prior to the alien's admission as a nonimmigrant under section 101(a)(15)(S).” > . ####
(2)Numerical limitations; period of admission; etc Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184) is amended by adding at the end the following new subsection: > > ### “(j) > > > ####
(1)> > The number of aliens who may be provided a visa as nonimmigrants under section 101(a)(15)(S)(i) in any fiscal year may not exceed 100. The number of aliens who may be provided a visa as nonimmigrants under section 101(a)(15)(S)(ii) in any fiscal year may not exceed 25. > > > #### “(2) > > No alien may be admitted into the United States as such a nonimmigrant more than 5 years after the date of the enactment of this subsection. > > > #### “(3) > > The period of admission of an alien as such a nonimmigrant may not exceed 3 years. Such period may not be extended by the Attorney General. > > > #### “(4) > > As a condition for the admission, and continued stay in lawful status, of such a nonimmigrant, the nonimmigrant— > > > ##### “(A) > > shall report not less often than quarterly to the Attorney General such information concerning the alien's whereabouts and activities as the Attorney General may require; > > > ##### “(B) > > may not be convicted of any criminal offense punishable by a term of imprisonment of 1 year or more after the date of such admission; > > > ##### “(C) > > must have executed a form that waives the nonimmigrant's right to contest, other than on the basis of an application for withholding of deportation, any action for deportation of the alien instituted before the alien obtains lawful permanent resident status; and > > > ##### “(D) > > shall abide by any other condition, limitation, or restriction imposed by the Attorney General. > > > #### “(5) > > The Attorney General shall submit a report annually to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate concerning— > > > ##### “(A) > > the number of such nonimmigrants admitted; > > > ##### “(B) > > the number of successful criminal prosecutions or investigations resulting from cooperation of such aliens; > > > ##### “(C) > > the number of terrorist acts prevented or frustrated resulting from cooperation of such aliens; > > > ##### “(D) > > the number of such nonimmigrants whose admission or cooperation has not resulted in successful criminal prosecution or investigation or the prevention or frustration of a terrorist act; and > > > ##### “(E) > > the number of such nonimmigrants who have failed to report quarterly (as required under paragraph (4)) or who have been convicted of crimes in the United States after the date of their admission as such a nonimmigrant.” > . ####
(3)Prohibition of change of status Section 248(1) of the Immigration and Nationality Act (8 U.S.C. 1258(1)) is amended by striking “or (K)” and inserting “(K), or (S)”. ###
(c)Adjustment to Permanent Resident Status ####
(1)In general Section 245 of the Immigration and Nationality Act (8 U.S.C. 1255) is amended by adding at the end the following new subsection: > > ### “(i) > > > ####
(1)> > If, in the opinion of the Attorney General— > > > ##### “(A) > > a nonimmigrant admitted into the United States under section 101(a)(15)(S)(i) has supplied information described in subclause
(I)of such section; and > > > ##### “(B) > > the provision of such information has substantially contributed to the success of an authorized criminal investigation or the prosecution of an individual described in subclause
(III)of that section, > > the Attorney General may adjust the status of the alien (and the spouse, married and unmarried sons and daughters, and parents of the alien if admitted under that section) to that of an alien lawfully admitted for permanent residence if the alien is not described in section 212(a)(3)(E). > > > #### “(2) > > If, in the sole discretion of the Attorney General— > > > ##### “(A) > > a nonimmigrant admitted into the United States under section 101(a)(15)(S)(ii) has supplied information described in subclause
(I)of such section, and > > > ##### “(B) > > the provision of such information has substantially contributed to— > > > ###### “(i) > > the prevention or frustration of an act of terrorism against a United States person or United States property, or > > > ###### “(ii) > > the success of an authorized criminal investigation of, or the prosecution of, an individual involved in such an act of terrorism, and > > > ##### “(C) > > the nonimmigrant has received a reward under section 36(a) of the State Department Basic Authorities Act of 1956, > > the Attorney General may adjust the status of the alien (and the spouse, married and unmarried sons and daughters, and parents of the alien if admitted under such section) to that of an alien lawfully admitted for permanent residence if the alien is not described in section 212(a)(3)(E). > > > #### “(3) > > Upon the approval of adjustment of status under paragraphs
(1)or (2), the Attorney General shall record the alien's lawful admission for permanent residence as of the date of such approval and the Secretary of State shall reduce by one the number of visas authorized to be issued under sections 201(d) and 203(b)(4) for the fiscal year then current.” > . ####
(2)Exclusive means of adjustment Section 245(c) of the Immigration and Nationality Act (8 U.S.C. 1255(c)) is amended by striking “or” before “(4)” and by inserting before the period at the end the following: “; or
(5)an alien who was admitted as a nonimmigrant described in section 101(a)(15)(S)”. ###
(d)Extension of Period of Deportation for Conviction of a Crime Section 241(a)(2)(A)(i)(I) of the Immigration and Nationality Act (8 U.S.C. 1251(a)(2)(A)(i)(I)) is amended by inserting “(or 10 years in the case of an alien provided lawful permanent resident status under section 245(i))” after “five years”.
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Sec. 130003
ALIEN WITNESS COOPERATION AND COUNTERTERROR- ISM INFORMATION
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