Sex Offender Visa Loophole Elimination Act of 2006 - Amends the Immigration and Nationality Act to prohibit a convicted U.S.-citizen sex offender from filing a family-based immigration petition.
Defines "sex offense" and "specified offense against a minor."
Prohibits approval of a fiance/fiancee or waiting nonimmigrant spouse visa petition filed by a convicted sex offender.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5767 Introduced in House (IH)]
109th CONGRESS
2d Session
H. R. 5767
To prohibit a convicted sex offender from obtaining approval of
immigration petitions filed by the offender on behalf of family
members.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 12, 2006
Mr. Kennedy of Minnesota (for himself, Mr. Davis of Tennessee, Mr.
Hostettler, and Mr. Daniel E. Lungren of California) introduced the
following bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To prohibit a convicted sex offender from obtaining approval of
immigration petitions filed by the offender on behalf of family
members.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sex Offender Visa Loophole
Elimination Act of 2006''.
SEC. 2. BARRING CONVICTED SEX OFFENDERS FROM HAVING FAMILY-BASED
PETITIONS APPROVED.
(a) Immigrant Family Members.--Section 204(a)(1) of the Immigration
and Nationality Act (8 U.S.C. 1154(a)(1)) is amended--
(1) in subparagraph (A)--
(A) in clause (i), by striking ``Any'' and
inserting ``Except as provided in clause (viii), any'';
and
(B) by adding at the end the following:
``(viii)(I) Clause (i) shall not apply to a citizen of the United
States who has been convicted of a sex offense.
``(II) For purposes of subclause (I):
``(aa) The term `sex offense' means--
``(AA) a State, local, tribal, foreign, or other
criminal offense that has an element involving a sexual
act or sexual contact with another, or an attempt or
conspiracy to commit such an offense;
``(BB) a State local, tribal, foreign or other
specified offense against a minor;
``(CC) a Federal offense (including an offense
prosecuted under section 1152 or 1153 of title 18,
United States Code) under section 1201, 1591, or 1801,
or chapter 109A, 110, or 117, of title 18, United
States Code, or any other Federal offense designated by
the Attorney General for the purposes of this item; or
``(DD) a military offense specified by the
Secretary of Defense under section 115(a)(8)(C)(i) of
the Department of Justice Appropriations Act, 1998 (10
U.S.C. 951 note).
``(bb) The term `specified offense against a minor' means
an offense against a minor that involves any of the following:
``(AA) An offense (unless committed by a parent)
involving kidnapping.
``(BB) An offense (unless committed by a parent)
involving false imprisonment.
``(CC) Solicitation to engage in sexual conduct.
``(DD) Use in a sexual performance.
``(EE) Solicitation to practice prostitution.
``(FF) Possession, production, or distribution of
child pornography.
``(GG) Criminal sexual conduct involving a minor
(less than 18 years old), or the use of the Internet to
facilitate or attempt such conduct.
``(HH) Any conduct that by its nature is a sex
offense against a minor.
``(II) Video voyeurism, as described in section
1801 of title 18, United States Code.
``(JJ) Any attempt or conspiracy to commit an
offense described in any of subitems (AA) through
(II).''; and
(2) in subparagraph (B)(i)--
(A) by striking ``(B)(i) Any alien'' and inserting
the following:
``(B)(i)(I) Except as provided in subclause (II), any alien''; and
(B) by adding at the end the following:
``(II) Subclause (I) shall not apply in the case of an alien
lawfully admitted for permanent residence who has been convicted of a
sex offense (as defined in subparagraph (A)(viii)(II)).''.
(b) Fiancees, Fiances, and Waiting Nonimmigrant Spouses.--
(1) Fiancees and fiances.--Section 214(d)(1) of the
Immigration and Nationality Act (8 U.S.C. 1184(d)(1)) is
amended by adding at the end the following:
``The Secretary of Homeland Security may not approve any
petition filed by a petitioner who has been convicted of a sex
offense (as defined in section 204(a)(1)(A)(viii)(II)).''.
(2) Waiting spouses.--Section 214(r)(1) of such Act (8
U.S.C. 1184(r)(1)) is amended by adding at the end the
following:
``The Secretary of Homeland Security may not approve any
petition filed by a petitioner who has been convicted of a sex
offense (as defined in section 204(a)(1)(A)(viii)(II)).''.
(3) Clerical amendment.--Section 101(a)(15)(K) of such Act
(8 U.S.C. 1101(a)(15)(K)), is amended by striking ``and (p)''
and inserting ``and (r)''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
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