S.1618
International Marriage Broker Regulation Act of 2005 (Introduced in
Senate)
SECTION 6. CHANGES IN PROCESSING K NONIMMIGRANT VISAS; CONSULAR
CONFIDENTIALITY.
(a) K Nonimmigrant Visa Processing- Section 214(d) of the Immigration and
Nationality Act (8 U.S.C. 1184(d)) is amended--
(1) by striking `Attorney General' and inserting `Secretary of Homeland
Security' each place it appears;
(2) by inserting `(1)' before `A visa'; and
(3) by adding at the end the following:
`(2) A United States citizen may not file a petition under paragraph (1)
if such a petition filed by that petitioner for another alien fiancee or
fiance is pending or has been approved and is still valid.
`(3) The Secretary of Homeland Security shall provide to the Secretary of
State the criminal background information on a petitioner for a visa under
clause (i) or (ii) of section 101(a)(15)(K) to which it has access under
existing authority in the course of adjudicating the petition.
`(4) Each petitioner for a visa under clause (i) or (ii) of section
101(a)(15)(K) shall provide, as part of the petition, in writing and signed
under penalty of perjury, information described in section 4(c)(2) of the
International Marriage Broker Regulation Act of 2005.
`(5) The Secretary of State shall ensure that an applicant for a visa
under clause (i) or (ii) of section 101(a)(15)(K)--
`(A) shall be provided, by mail or electronically--
`(i) a copy of the petition for such visa submitted by the United
States citizen petitioner; and
`(ii) any information that is contained in the background check
described in paragraph (3) relating to any court orders, arrests, or
convictions described in subparagraphs (A) through (D) of section 4(c)(2)
of the International Marriage Broker Regulation Act of 2005;
`(B) shall be informed that petitioner information described in
subparagraph (A) is based on available records and may not be complete;
and
`(C) shall be asked in the primary language of the visa applicant
whether an international marriage broker has facilitated the relationship
between the visa applicant and the United States petitioner and whether that
international marriage broker complied with the requirements of section 4 of
such Act.
`(6) The Secretary shall provide for the disclosure of information
described in paragraph (5) to the visa applicant at the consular interview in
the primary language of the visa applicant.
`(7) The fact that an alien described in clause (i) or (ii) of section
101(a)(15)(K) is aware of any information disclosed under paragraph (5) shall
not be used against the alien in any determination of eligibility for relief
under this Act or the Violence Against Women Act (Public Law 103-322; 108
Stat. 1902), and the amendments made by that Act.
`(8) In fulfilling the requirements of paragraph (5)(A)(ii), a consular
officer shall not disclose the name or location of any person who obtained a
restraining or protective order against the petitioner, but shall disclose the
relationship of the person to the petitioner.'.
(b) Sharing of Certain Information- Section 222(f) of the Immigration and
Nationality Act (8 U.S.C. 1202(f)) shall not be construed to prevent the
sharing of information under section 214(d) of such Act (8 U.S.C. 1184(d)).
(c) Effective Date- The amendment made by subsection (a) shall apply to
petitions filed after the date of enactment of this Act.
SECTION 7. STUDY AND REPORT.
(a) Study- The Secretary of Homeland Security, through the Director of the
Bureau of Citizenship and Immigration Services, shall conduct a study of the
international marriage broker industry in the United States that--
(1) estimates, for the years 1995 through 2005,the number of
international marriage brokers doing business in the United States, the
number of marriages resulting from the services provided by such brokers,
and the extent of compliance with the applicable requirements of this
Act;
(2) assess the information gathered under this Act from clients by
international marriage brokers and from petitioners by the Bureau of
Citizenship and Immigration Services;
(3) examine, based on the information gathered, the extent to which
persons with a history of violence are using the services of international
marriage brokers and the extent to which such persons are providing accurate
information to international marriage brokers in accordance with section
4;
(4) assess the accuracy of the criminal background check at identifying
past instances of domestic violence; and
(5) assess the extent to which the languages of translation required
under section 5(c)(1) continue to accurately reflect the highest markets for
recruitment by international marriage brokers and the greatest
concentrations of K nonimmigrant visa applicants.
(b) Report- Not later than 3 years after the date of enactment of this
Act, the Secretary of Homeland Security shall submit a report to the Committee
on the Judiciary of the Senate and the Committee on the Judiciary of the House
of Representatives setting forth the results of the study conducted under
subsection (a).
SECTION 8. EFFECTIVE DATE.
(a) In General- Except as provided in subsection (b), section 5, and the
amendments made by section 6, this Act shall take effect on the date which is
60 days after the date of enactment of this Act.
(b) Additional Time Allowed for Information Pamphlet- Section 5(b) shall
take effect on the date which is 120 days after the date of enactment of this
Act.
Sections:
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4
5
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