POST BY RONALD PAYNE - The Allied Freedom Project is pleased to announce the publication of its proposed legislation to extend, expand, and correct the Special Immigrant, Asylum, and Refugee Program for Foreign Nationals with United States Government Affiliations: S. ___ H.R. ___ A BILL To provide special recognition to and reasonable accommodations for the protection of foreign nationals with United States Government Affiliations, and for other purposes. Be it enacted by the Senate and House of Representative of the United States of America in Congress assembled, SECTION 1 SHORT TITLE This Act may be cited as the “American Allies Special Recognition and Protection Act for Foreign Nationals with United States Government Affiliations”. SECTION 2 CONGRESSIONAL FINDINGS, DECLARATIONS, AND LEGISLATIVE INTENT 1. Congress hereby finds and declares that the national security and other interests of the United States Government is supported by foreign nationals who are or were employed by, on behalf of, or otherwise assisted the United States Government. 2. Congress hereby finds and declares that the United States Government should confer special recognition upon those foreign nationals for whom their service with and/or assistance to the United States Government was honorable, faithful, meritorious, and valuable, and/or their service with and/or assistance to the United States Government otherwise provided a significant contribution to the national security or other interests of the United States Government. 3. Congress hereby finds and declares that the United States Government has an obligation to provide reasonable protection to those foreign nationals who has experienced or is reasonably expected to experience a threat of harm against their person or property, or otherwise has a credible fear retribution or persecution, resulting as a consequence of their service with and/or assistance to the United States Government. 4. Wherefore, it is the Intent of Congress that it shall be the National Policy of the United States Government to provide Foreign Nationals with United States Government Affiliations with whom their service with and/or their assistance to the United States Government was honorable, faithful, meritorious, and valuable, and/or their service with and/or assistance to the United States Government otherwise provided a significant contribution to the national security or other interests of the United States Government, or who has experienced or is reasonably expected to experience a threat of harm against their person or property, or otherwise has a credible fear retribution or persecution, resulting as a consequence of their service with and/or assistance to the United States Government, with a comprehensive scheme of programs that provide realistic opportunities for summary citizenship, expedited citizenship, preferential immigration, resettlement benefits, and reasonable accommodations for the protection of such Foreign Nationals with United States Government Affiliations and their Family Members. SECTION 3 LEGISLATIVE DEFINITIONS 1. A Foreign National with United States Government Affiliations shall consist of any person who is other than a United States Citizen or National thereof, and who is or was employed by or on behalf of the United States Government and/or otherwise assisted the United States Government. 2. Service by or on behalf of, or service to, the United States Government shall consist of any employment relationship, with or without monetary compensation, from which the United States Government received any tangible benefits from such foreign national as a result of such employment relationship thereof. 3. Assistance to the United States Government shall consist of any continuing or single act of aid, service, or support, from which the United States Government received any comparative benefit as a result of such aid, service, or support thereof. 4. Contribution to the National Security or other National Interests of the United States Government shall consist of any sustained or singular act of service with and/or assistance to the United States Government that furthered the National Security or Other Interests of the United States Government. SECTION 4 CREATION AND ADMINISTRATION OF SPECIAL CITIZENSHIP, IMMIGRATION, RESETTLEMENT AND PROTECTION PROGRAM FOR FOREIGN NATIONALS WITH UNITED STATES GOVERNMENT AFFILIATIONS 1. The Secretary of Homeland Security, by and through the Director of the United States Citizenship and Immigration Service, and the United States Secretary of State, by and through the various Chief of Mission, shall jointly create and administer a comprehensive program providing for summary citizenship, expedited citizenship, preferential immigration, resettlement benefits, and reasonable accommodations for the protection of Foreign Nationals with United States Government Affiliations and their Family Members. In furtherance of this provision - (A) The Secretary of Homeland Security, by and through Director of the United States Citizenship and Immigration Service, is hereby designated as the Central Authority to administer such special programs, and shall be vested with overall responsibility for the effective and efficient management of such special programs herein. (B) The United States Secretary of State, by and through the several Chief of Mission thereof, shall be responsible for the effective and efficient issuance of travel documents and/or visa’s to such Foreign Nationals with United States Government Affiliations, who may from time to time be conferred with such recognition, status, and benefits by the Director of the United States Citizenship and Immigration Service made pursuant to the applicable provisions of this Act. (C) The Secretary of Homeland Security and the Secretary of State shall collaborate and establish such Joint Regulations, Policies, and Procedures, to effectively and efficiently process such Petitions for Recognition, Status, or Benefits made pursuant to the applicable provisions of this Act, and in so establishing and implementing the same – (1) The Secretary of Homeland Security shall – (a) Make provisions for the submission of petitions for recognition, status, or benefits made pursuant to the applicable provisions of this act, in such manner including, but not limited to (1) in-person, postal, or electronic delivery to a centralized location, (2) in-person or postal delivery within the United States to any USCIS Service Center, and (3) in-person or postal delivery to any United States Embassy or Consulate that may be found abroad. (b) Establish and Implement a centralized system for the submission, adjudication, and administrative review of such petitions for recognition, status, or benefits made pursuant to the applicable provisions of this act. In this regard, such centralized system shall except in the case of a summary approval, provide for a notice and a hearing prior to rendering any adverse decision thereof and such hearing thereof may be conducted by video-teleconference or any other electronic means. (c) Establish and Implement a system to provide any Foreign National who has petitioned for any recognition, status, or benefits made pursuant to the applicable provisions of this act, and with whom such petition thereof was denied, written notice of the reason and an explanation of the particulars in rendering such decision thereof, and statement of availability and instructions to request an administrative appeal thereof. (d) Establish and Implement a system to provide any Foreign National who has been aggrieved by an adverse decision upon any petition for any recognition, status, or benefits made pursuant to the applicable provisions of this act, with an administrative review of such adverse decision thereof. In this regard, the Foreign National shall be afforded not less than 90 days to submit a request for administrative review under this provision, and such administrative review shall be completed within 90 days of submission thereof. (2) The Secretary of State shall – (a) Establish and Implement a centralized system for the submission, adjudication, and administrative review of such requests for travel documents and/or visa’s that are collateral to the recognition, status, and benefits made pursuant to the applicable provisions of this act. In this regard, such centralized system shall except in the case of a summary approval, provide for a notice and a hearing prior to rendering any adverse decision thereof and such hearing thereof may be conducted by video-teleconference or any other electronic means. (b) Establish and Implement a system to provide any Foreign National who has applied for any travel documents and/or visa’s that is collateral to any recognition, status, or benefits made pursuant to the applicable provisions of this act, and with whom such application thereof was denied, written notice of the reason and an explanation of the particulars in rendering such decision thereof, and statement of availability and instructions to request an administrative appeal thereof. (c) Establish and Implement a system to provide any Foreign National who has been aggrieved by an adverse decision upon any application for any travel documents and/or visa’s that is collateral to any recognition, status, or benefits made pursuant to the applicable provisions of this act, with an administrative review of such adverse decision thereof. In this regard, the Foreign National shall be afforded not less than 90 days to submit a request for administrative review under this provision, and such administrative review shall be completed within 90 days of submission thereof. 2. Any Foreign National with United States Government Affiliations who has Petitioned for any Recognition, Status, or Benefits made available pursuant to the applicable provisions of this Act, and whom is aggrieved by any decision to deny or withhold such Recognition, Status, or Benefits thereof, may after exhausting any administrative review as may be provided for in this Act, have such matter reviewed – (A) In the United States Immigration Court in the District in which the Foreign National has designated for Resettlement, or in which the Foreign National may be found, or if such Immigration Court cannot be readily ascertained, then in such Immigration Court as may be designated by the Director of the United States Citizenship and Immigration Service, of which such Court therein shall be empowered to hear such matter and issue appropriate orders therein. The Director of the United States Citizenship and Immigration Service and the Immigration Court thereof shall make reasonable accommodations for the Petitioner if otherwise incapable of making a personal appearance, to appear therein via video-teleconference or any other electronic means. (B) In the United States Board of Immigration Appeals, of which such Board thereof shall be empowered to review the decision of the Immigration Court and to issue appropriate orders therein. Thereafter, the Foreign National thereof may seek judicial review as otherwise provided by Law or Regulation. SECTION 5 SPECIAL CITIZENSHIP PROGRAM FOR FOREIGN NATIONALS WITH UNITED STATES GOVERNMENT AFFILIATIONS 1. Notwithstanding any other provision of law, the Director of the United States Citizenship and Immigration Service shall summarily confer United States Citizenship upon – (A) Any Foreign National with United States Government Affiliations who has been Nominated for United States Citizenship by – (1) The President of the United States of America; or (2) By a Joint Resolution of Congress, and; (3) Such Nomination or Resolution thereof was predicated upon such foreign national’s service with and/or assistance to the United States Government, and such service with and/or assistance to the United States Government was particularly honorable, faithful, meritorious, and valuable, or any descriptors similar thereto, or where such service with and/or assistance to the United States Government otherwise amounted to an extraordinary contribution to the National Security or other National Interests of the United States Government. (B) Any Foreign National with United States Government Affiliations who was killed in the line of duty, or who’s death otherwise resulted as a consequence of that persons service with and/or assistance to the United States Government, provided – (1) The Director of the United States Citizenship and Immigration Service has been satisfied after a reasonable inquiry, that the Foreign National with United States Government Affiliations thereof, was killed in the line of duty, or who’s death otherwise resulted as a consequence of that persons service with and/or assistance to the United States Government; and (2) Conferral of such United States Citizenship thereof would not be contrary to the best interests of the United States Government. SECTION 6 SPECIAL IMMIGRANT PROGRAM FOR FOREIGN NATIONALS WITH UNITED STATES GOVERNMENT AFFILIATIONS 1. Notwithstanding any other provision of law, the Director of the United States Citizenship and Immigration Service may confer the Status of a Special Immigrant upon any Foreign National with United States Government Affiliations, provided - (A) Such Foreign National has been nominated or otherwise awarded a favorable recommendation for the conferral of such status by – (1) The President of the United States of America, the Head of any Executive Department or Agency of the United States Government or their designee thereof, or any official from such Executive Department or Agency that occupies any position or status greater than or equal to a General Officer of the Military Services or a Member of the Civilian Senior Executive Service, provided that such military or civilian official thereof is in the direct military chain of command, or is in the direct line of civilian supervisory responsibility, from which the foreign national was employed by, on behalf of, or otherwise provided assistance thereto, or any Member of the United States Senate or the House of Representatives. (B) Such Foreign National’s service with and/or assistance to the United States Government having been characterized as being remarkably honorable, faithful, meritorious, and valuable, or any descriptors similar thereto, and/or such service with and/or assistance to the United States Government otherwise amounted to a significant contribution to the National Security or other National Interests of the United States Government. (C) Such Foreign National has undergone a favorable background investigation to the satisfaction of the Director of the United States Citizenship and Immigration Service, and; (1) Has been found to be admissible to the United States as a Permanent Resident Alien, excluding the grounds for inadmissibility specified in Section 212(a)(4) of the Immigration and Nationality Act, or has obtained a waiver of such inadmissibility from the Director of the United States Citizenship and Immigration Service, and is eligible to receive an immigration visa, or has obtained a waiver of such ineligibility from the United States Secretary of State, and; (2) The conferral of the Status of a Special Immigrant with United States Government Affiliations thereof would not otherwise be contrary to the best interests of the United States Government. 2. Any Foreign National with United States Government Affiliations that has been conferred with the Status of a Special Immigrant by the Director of the United States Citizenship and Immigration Service shall be admitted into the United States as a Permanent Resident Alien, or if already within the United States, such current status shall be adjusted as appropriate, and shall be eligible for Constructive Credit for Residency towards United States Citizenship. SECTION 7 SPECIAL ASYLUM AND REFUGEE PROGRAM FOR FOREIGN NATIONALS WITH UNITED STATES GOVERNMENT AFFILIATIONS 1. Any Foreign National may be recognized by the Director of the United States Citizenship and Immigration Service as having a United States Government Affiliation and be conferred with the Status of Special Asylum or Special Refugee with United States Government Affiliations, provided – (A) Such Foreign National has provided evidence that is satisfactory to the Director of the United States Citizenship and Immigration Service that establishes that the Foreign National thereof – (1) Was employed by, on behalf of, or otherwise assisted the United States Government, and such service with and/or assistance to the United States Government, was honorable, faithful, meritorious, valuable, or any descriptors similar thereto, and/or has made a contribution to the National Security or other National Interests of the United States Government and; (2) Has experienced or is reasonably expected to experience a threat of harm against their person or property, or otherwise has a credible fear of retribution or persecution, resulting as a consequence of their service with and/or assistance to the United States Government. (B) Such Foreign National has undergone a favorable background investigation and it was determined that such Foreign National thereof - (1) Has been found to be admissible to the United States in the capacity of a Refugee or to remain in the United States via Asylum, or has obtained a waiver of such inadmissibility or removability from the Director of the United States Citizenship and Immigration Service, and is eligible to receive an immigration visa, or has obtained a waiver of such ineligibility from the United States Secretary of State, and; (2) The conferral of the Status of a Special Refugee or a Grant of Special Asylum for Foreign Nationals with United States Government Affiliations thereof would not otherwise be contrary to the best interests of the United States Government. 2. Any Foreign National with United States Government Affiliations that has been conferred with the Status of Special Asylum or Special Refugee with United States Government Affiliations by the Director of the United States Citizenship and Immigration Service shall be admitted into the United States as a Permanent Resident Alien, or if already within the United States, such current status shall be adjusted as appropriate, and shall be eligible for Constructive Credit for Residency towards United States Citizenship. 3. Derivatives – Foreign Nationals who has been provided Special Asylum or Special Refugee with United States Government Affiliations Status pursuant to this Section, shall have such status thereof extended to their Spouse(s) and Children, and in the discretion of the Director of the United States Citizenship and Immigration Service, such status may be extended to the Foreign Nationals Extended Family Members. 4. Numerical Limitations – Foreign Nationals who have been provided Special Asylum or Special Refugee Status pursuant to this Section shall not count against any numerical limitation as otherwise provided in the Immigration and Nationality Act. 5. Financial Sponsorship – Foreign Nationals who have been provided Special Asylum or Special Refugee Status pursuant to this Section shall not be required to have a financial sponsor. SECTION 8 SPECIAL APPLICATION AND PROCESSING AUTHORITY FOR REFUGEE OR ASYLUM STATUS INVOLVING FOREIGN NATIONALS WITH UNITED STATES GOVERNMENT AFFILIATIONS 1. Any Foreign National who is not otherwise qualified for recognition as a Special Immigrant or eligible for the Status of Special Asylum or Special Refugee for Foreign Nationals with United States Government Affiliations, may nonetheless be recognized by the Director of the United States Citizenship and Immigration Service as having a United States Government Affiliation and be conferred with the Status of Asylum or Refugee with United States Government Affiliations under the same terms and conditions of Asylum or Refugees as set forth in the Immigration and Nationality Act, provided – (A) Such Foreign National has provided evidence that is satisfactory to the Director of the United States Citizenship and Immigration Service that establishes that the Foreign National thereof – (1) Was employed by, on behalf of, or otherwise assisted the United States Government and; (2) Has experienced or is reasonably expected to experience a threat of harm against their person or property, or otherwise has a credible fear of retribution or persecution, resulting as a consequence of their service with and/or assistance to the United States Government. (B) Such Foreign National has undergone a favorable background investigation and it was determined that such Foreign National thereof – (1) Has been found to be admissible to the United States in the capacity of a Refugee or to remain in the United States via Asylum, or has obtained a waiver of such inadmissibility or removability from the Director of the United States Citizenship and Immigration Service, and is eligible to receive an immigration visa, or has obtained a waiver of such ineligibility from the United States Secretary of State, and; (2) The conferral of the Status of Asylum or Refugee with United States Government Affiliations thereof would not otherwise be contrary to the best interests of the United States Government. 2. Any Foreign National with United States Government Affiliations that has been conferred with the Status of Asylum or Refugee with United States Government Affiliations pursuant to this Section, shall be admitted into or allowed to remain within the United States, as provided by the relevant provisions of the Immigration and Nationality Act, as it pertains to Refugees and Asylum, but shall otherwise be eligible for Constructive Credit towards Residency for an Adjustment of Status to Permanent Resident Alien and United States Citizenship. 3. Derivatives – Foreign Nationals who has been provided the status of Asylum or Refugee with United States Government Affiliations pursuant to this Section, shall have such status thereof extended to their Spouse(s) and Children, and in the discretion of the Director of the United States Citizenship and Immigration Service, such status may be extended to the Foreign Nationals Extended Family Members. 4. Numerical Limitations – Foreign Nationals who have been provided Refugee or Asylum Status pursuant to this Section shall count against any numerical limitation as otherwise provided in the Immigration and Nationality Act. However, Foreign Nationals who have been provided Refugee or Asylum Status pursuant to this Section shall be provided with preferential allocations of such numerical limitations as otherwise provided in the Immigration and Nationality Act as it is applicable to Asylum and Refugees. 5. Financial Sponsorship – Foreign Nationals who have been provided Special Refugee or Asylum Status pursuant to this Section shall not be required to have a financial sponsor. SECTION 9 AUTHORIZATION TO EXPEDITE ELIGIBILITY FOR CITIZENSHIP AND ADJUSTMENT OF STATUS FOR FOREIGN NATIONALS WITH UNITED STATES GOVERNMENT AFFILIATIONS 1. Notwithstanding any other provision of law, the Director of the United States Citizenship and Immigration Service may grant any Foreign National with United States Government Affiliations with constructive credit towards satisfying the Residency Requirement towards United States Citizenship and/or Adjustment of Status to Permanent Resident Alien as herein provided – (A) Any Foreign National with United States Government Affiliations who was harmed in the line of duty by any injury or disease, or as a consequence of their service with and/or assistance to the United States Government, has become completely debilitated or is otherwise disabled to such a degree that he/she is incapable of providing for their own activities of daily living, may be credited with satisfying any residency requirements towards United States Citizenship and be conferred with United States Citizenship upon the submission of a Petition for Naturalization by such Foreign National with United States Government Affiliations or their Representative thereof. (B) Any Foreign National with United States Government Affiliations who was harmed in the line of duty by any injury or disease, or as a consequence of their service with and/or assistance to the United States Government, and has suffered any disability as a result of such injury or disease thereof, may be credited with an equal percentage of credit toward the satisfaction of residency for every percentage of a disability rating conferred thereon. (C) Any Foreign National with United States Government Affiliations who has provided evidence that is satisfactory to the Director of the United States Citizenship and Immigration Service that establishes that such Foreign National’s service with and/or assistance to the United States Government was honorable, faithful, meritorious, and valuable, or any descriptors similar thereto, may be credited with one day of residency for every day of qualified service and/or assistance thereof. (D) Any Foreign National with United States Government Affiliations who has provided evidence that is satisfactory to the Director of the United States Citizenship and Immigration Service that establishes that such Foreign National’s service with and/or assistance to the United States Government was performed under conditions that would have otherwise qualified such person for imminent danger, hostile duty, hazardous duty, or hardship duty compensation, or any equivalent thereof, may be credited with two days of residency for every day of qualified service and/or assistance thereof. SECTION 10 PAROLE, TEMPORARY PROTECTED STATUS, AND CONVERSION OF STATUS 1. The Director of the United States Citizenship and Immigration Service shall authorize Parole or Temporary Protected Status as appropriate, and the Chief of Mission of the servicing Embassy thereof shall issue such travel documents and/or visa’s to any Foreign National with United States Government Affiliations, who is a Petitioner for the Status of a Special Immigrant, Special Asylum, Special Refugee, Asylum, Refugee, or any other Immigration or Withholding Application that is predicated upon the Petitioners or Applicants Status of being a Foreign National with United States Government Affiliations, provided – (A) Such Petition or Application thereof has been submitted and any subsequent final adjudication and/or authorization to enter into or remain within the United States has exceeded one year from the submission date thereof, and; (B) There is no extraordinary reason why parole should not be authorized by the Director of the United States Citizenship and Immigration Service and/or such travel documents and/or visa’s should not be issued by the Chief of Mission thereof. 2. Provided that any such Foreign National with United States Government Affiliations has been admitted on Parole into the United States for authorized to remain in the United States pursuant to a grant of Temporary Protected Status, such cases thereof shall be converted as follows – (A) Petitions for the Status of a Special Immigrant with United States Government Affiliations will continue to completion. (B) Petitions for the Status of Special Refugee and Refugee with United States Government Affiliations shall be converted into Petitions for Special Asylum and Asylum with United States Government Affiliations respectively, and such cases thereof shall be finally adjudicated in the United States Immigration Court in which District the Petitioner has resettled therein. SECTION 11 PROTECTION OF FOREIGN NATIONALS WITH UNITED STATES GOVERNMENT AFFILIATIONS 1. The President of the United States in consultation with the Heads of all the other relevant Federal Departments and Agencies, shall make a reasonable effort to provide any Foreign National with United States Government Affiliations, and their eligible Family Members, with protection, and where indicated, immediate removal from any location of hostility and instability and relocation to any place of security and safety. In this regard – (A) The President of the United States, the Head of any Executive Department or Agency, or any official from such Executive Department or Agency that occupies any position or status greater than or equal to a General Officer of the Military Services or a Member of the Civilian Senior Executive Service, or any other official who has been delegation such responsibility, may authorize the evacuation of any such Foreign National and their eligible Family Members to the United States or any other location that is suitable for ensuring the security and safety of such Foreign National with United States Government Affiliations and their eligible Family Members. In furtherance of this provision, any such evacuation or relocation of a Foreign National with United States Government Affiliations and/or their eligible Family Members may utilize United States Government assets and/or may be effected at the cost of the United States Government. (B) The Attorney General or any other official delegated with such responsibility thereof, may authorize the enrollment of any Foreign National with United States Government Affiliations, into the Witness Protection Program, or any Program similar thereto, if in the opinion of the Attorney General or any other official delegated with such responsibility thereof, finds that a credible threat to the security and safety of such Foreign National with United States Government Affiliations and/or their eligible Family Members exists that warrants the extraordinary protections of the Witness Protection Program, or any Program similar thereto. (C) Nothing herein shall be construed as limiting any other protective measure from which the United States Government may extend such protective services or benefits to such Foreign National with United States Government Affiliations and/or their eligible Family Members. SECTION 12 FEES AND COSTS The United States Government shall not assess any fee or cost in connection with any Petition or Application for Recognition or Benefits provided in this Act thereof. SECTION 12 RESETTLEMENT SUPPORT Any Foreign National with United States Government Affiliations who has been conferred with the Status of a Special Immigrant, Special Asylum, Special Refugee, Asylum, Refugee, or any other Immigration or Withholding Status, such as Parole or Temporary Protected Status, shall be eligible for resettlement assistance, entitlement programs, or other benefits available to Asylum or Refugees as set forth in the Immigration and Nationality Act. SECTION 13 MISCELLANEOUS PROVISIONS 1. Section 1059 of the National Defense Authorization Act is hereby amended as follows – (A) The Provision of such Act prescribing a Numerical Limitation of 50 Special Immigrant Visa’s per fiscal year thereof, is amended by striking such provision, and inserting “the Secretary of Homeland Security and the Secretary of State may confer the Status of a Special Immigrant upon, and issue such Special Immigrant Visa to, any Iraqi or Afghan National who has meet the requirements of this Act. 2. Section 1244 of the National Defense Authorization Act of 2008 is hereby amended as follows – (A) Notwithstanding any other provision of this Act, the Secretary of State and the Secretary of Homeland Security, may continue to accept Applications for the Status of a Special Immigrant as provided in such Act, and to issue Special Immigrant Visa’s, and the Numerical Limitations of such Act, shall as authorized by the President of the United States, continue to carry forward from year to year, until such requirement for such program has abated, or all 25,000 Special Immigrant Visa’s have been issued thereof, whichever comes first. 3. Section 602 of the Omnibus Appropriations Act of 2009 is hereby amended as follows – (A) Notwithstanding any other provision of this Act, the Secretary of State and the Secretary of Homeland Security, may continue to accept Applications for the Status of a Special Immigrant as provided in such Act, and to issue Special Immigrant Visa’s, and the Numerical Limitations of such Act, shall as authorized by the President of the United States, continue to carry forward from year to year, until such requirement for such program has abated, or all 7,500 Special Immigrant Visa’s have been issued thereof, whichever comes first. 4. The Director of the United States Citizenship and Immigration Service shall authorize Parole, and the Chief of Mission of the servicing Embassy thereof, shall issue such travel documents and/or visa’s to any Iraqi or Afghan National who has been awarded a General Officer or Chief of Mission Letter of Recommendation pursuant to Section 1059 of the National Defense Authorization Act of 2006, or to any Iraqi National who has been awarded a Chief of Mission Letter of Recommendation pursuant to Section 1244 of the National Defense Act of 2008, or any Afghan National who has been awarded a Chief of Mission Letter of Recommendation pursuant to Section 602 of the Omnibus Appropriations Act of 2009, provided – (A) Such Petition or Application thereof has been submitted and any subsequent final adjudication and/or authorization to enter into the United States has exceeded one year from the submission date thereof, and; (B) There is no extraordinary reason why parole should not be authorized by the Director of the United States Citizenship and Immigration Service and/or such travel documents and/or visa’s should not be issued by the Chief of Mission thereof. 5. Provided that any such Iraqi or Afghan National as described in Section 13(4) of this Act has been admitted on Parole into the United States, such cases thereof shall be converted into a Petition for Asylum, and such cases thereof shall be finally adjudicated in the United States Immigration Court in which District the Petitioner has resettled therein, and upon such adjudication, such Iraqi or Afghan National thereof, shall immediately have their Status Adjusted to Permanent Resident Alien, and shall be given constructive credit as provided in Section 9 of this Act. 6. Any Iraqi or Afghan National who has applied for the Status of a Special Immigrant pursuant to Section 1244 of the National Defense Authorization Act of 2008, or Section 602 of the Omnibus Appropriations Act of 2009, and such Chief of Mission Letter of Recommendation was denied or revoked, shall be entitled to have their case reopened, and such denial or revocation thereof, shall be reviewed de novo by the Chief of Mission or Chief of Mission Designee thereof, and any subsequent denials or revocations thereof, such shall be administratively reviewed by the Secretary of State or the Secretary of State Designee thereof.
Posted on: Mon, 01 Jul 2013 03:13:31 +0000
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