§ 3A. AMERICAN PERSIAN GULF WAR POW/MIA ASYLUM PROGRAM.
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Asylum for Eligible Aliens .— Notwithstanding any other provision of law, the Attorney General shall grant refugee status in the United States to any alien described in subsection (b), upon the application of that alien. Eligibility.— In general .— Except as provided in paragraph (2), an alien described in this subsection is— any alien who— is a national of Iraq or a nation of the Greater Middle East Region (as determined by the Attorney General in consultation with the Secretary of State); and personally delivers into the custody of the United States Government a living American Persian Gulf War POW/MIA; and any parent, spouse, or child of an alien described in subparagraph (A).
Exceptions .— An alien described in this subsection does not include a terrorist, a persecutor, a person who has been convicted of a serious criminal offense, or a person who presents a danger to the security of the United States, as set forth in clauses
(i)through
(v)of section 208(b)(2)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1158(b)(2)(A) ). Definitions .— In this section: American persian gulf war pow/mia.— In general .— Except as provided in subparagraph (B), the term ‘American Persian Gulf War POW/MIA’ means an individual— who is a member of a uniformed service (within the meaning of section 101(3) of title 37 , United States Code) in a missing status (as defined in section 551(2) of such title and this subsection) as a result of the Persian Gulf War, or any successor conflict, operation, or action; or who is an employee (as defined in section 5561(2) of title 5 , United States Code) in a missing status (as defined in section 5561(5) of such title) as a result of the Persian Gulf War, or any successor conflict, operation, or action. Exclusion .— Such term does not include an individual with respect to whom it is officially determined under section 552(c) of title 37 , United States Code, that such individual is officially absent from such individual’s post of duty without authority. Missing status .— The term ‘missing status’, with respect to the Persian Gulf War, or any successor conflict, operation, or action, means the status of an individual as a result of the Persian Gulf War, or such conflict, operation, or action, if immediately before that status began the individual— was performing service in Kuwait, Iraq, or another nation of the Greater Middle East Region; or was performing service in the Greater Middle East Region in direct support of military operations in Kuwait or Iraq. Persian gulf war .— The term ‘Persian Gulf War’ means the period beginning on August 2, 1990 , and ending on the date thereafter prescribed by Presidential proclamation or by law.”
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§ 3A
AMERICAN PERSIAN GULF WAR POW/MIA ASYLUM PROGRAM.
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