8 U.S.C. § 1375a : US Code - Section 1375A: Domestic violence information and resources for immigrants and regulation of international marriage brokers

Search 8 U.S.C. § 1375a : US Code - Section 1375A: Domestic violence information and resources for immigrants and regulation of international marriage brokers

(a) Information for K nonimmigrants on legal rights and resources
for immigrant victims of domestic violence
(1) In general
The Secretary of Homeland Security, in consultation with the
Attorney General and the Secretary of State, shall develop an
information pamphlet, as described in paragraph (2), on legal
rights and resources for immigrant victims of domestic violence
and distribute and make such pamphlet available as described in
paragraph (5). In preparing such materials, the Secretary of
Homeland Security shall consult with nongovernmental
organizations with expertise on the legal rights of immigrant
victims of battery, extreme cruelty, sexual assault, and other
crimes.
(2) Information pamphlet
The information pamphlet developed under paragraph (1) shall
include information on the following:
(A) The K nonimmigrant visa application process and the
marriage-based immigration process, including conditional
residence and adjustment of status.
(B) The illegality of domestic violence, sexual assault, and
child abuse in the United States and the dynamics of domestic
violence.
(C) Domestic violence and sexual assault services in the
United States, including the National Domestic Violence Hotline
and the National Sexual Assault Hotline.
(D) The legal rights of immigrant victims of abuse and other
crimes in immigration, criminal justice, family law, and other
matters, including access to protection orders.
(E) The obligations of parents to provide child support for
children.
(F) Marriage fraud under United States immigration laws and
the penalties for committing such fraud.
(G) A warning concerning the potential use of K nonimmigrant
visas by United States citizens who have a history of
committing domestic violence, sexual assault, child abuse, or
other crimes and an explanation that such acts may not have
resulted in a criminal record for such a citizen.
(H) Notification of the requirement under subsection
(d)(3)(A) of this section that international marriage brokers
provide foreign national clients with background information
gathered on United States clients from searches of Federal and
State sex offender public registries and collected from United
States clients regarding their marital history and domestic
violence or other violent criminal history, but that such
information may not be complete or accurate because the United
States client may not have a criminal record or may not have
truthfully reported their marital or criminal record.
(3) Summaries
The Secretary of Homeland Security, in consultation with the
Attorney General and the Secretary of State, shall develop
summaries of the pamphlet developed under paragraph (1) that
shall be used by Federal officials when reviewing the pamphlet in
interviews under subsection (b) of this section.
(4) Translation
(A) In general
In order to best serve the language groups having the
greatest concentration of K nonimmigrant visa applicants, the
information pamphlet developed under paragraph (1) shall,
subject to subparagraph (B), be translated by the Secretary of
State into foreign languages, including Russian, Spanish,
Tagalog, Vietnamese, Chinese, Ukrainian, Thai, Korean, Polish,
Japanese, French, Arabic, Portuguese, Hindi, and such other
languages as the Secretary of State, in the Secretary's
discretion, may specify.
(B) Revision
Every 2 years, the Secretary of Homeland Security, in
consultation with the Attorney General and the Secretary of
State, shall determine at least 14 specific languages into
which the information pamphlet is translated based on the
languages spoken by the greatest concentrations of K
nonimmigrant visa applicants.
(5) Availability and distribution
The information pamphlet developed under paragraph (1) shall be
made available and distributed as follows:
(A) Mailings to K nonimmigrant visa applicants
(i) The pamphlet shall be mailed by the Secretary of State to
each applicant for a K nonimmigrant visa at the same time that
the instruction packet regarding the visa application process
is mailed to such applicant. The pamphlet so mailed shall be in
the primary language of the applicant or in English if no
translation into the applicant's primary language is available.
(ii) The Secretary of Homeland Security shall provide to the
Secretary of State, for inclusion in the mailing under clause
(i), a copy of the petition submitted by the petitioner for
such applicant under subsection (d) or (r) of section 1184 of
this title.
(iii) The Secretary of Homeland Security shall provide to the
Secretary of State any criminal background information the
Secretary of Homeland Security possesses with respect to a
petitioner under subsection (d) or (r) of section 1184 of this
title. The Secretary of State, in turn, shall share any such
criminal background information that is in government records
or databases with the K nonimmigrant visa applicant who is the
beneficiary of the petition. The visa applicant shall be
informed that such criminal background information is based on
available records and may not be complete. The Secretary of
State also shall provide for the disclosure of such criminal
background information to the visa applicant at the consular
interview in the primary language of the visa applicant.
Nothing in this clause shall be construed to authorize the
Secretary of Homeland Security to conduct any new or additional
criminal background check that is not otherwise conducted in
the course of adjudicating such petitions.
(B) Consular access
The pamphlet developed under paragraph (1) shall be made
available to the public at all consular posts. The summaries
described in paragraph (3) shall be made available to foreign
service officers at all consular posts.
(C) Posting on Federal websites
The pamphlet developed under paragraph (1) shall be posted on
the websites of the Department of State and the Department of
Homeland Security, as well as on the websites of all consular
posts processing applications for K nonimmigrant visas.
(D) International marriage brokers and victim advocacy
organizations
The pamphlet developed under paragraph (1) shall be made
available to any international marriage broker, government
agency, or nongovernmental advocacy organization.
(6) Deadline for pamphlet development and distribution
The pamphlet developed under paragraph (1) shall be distributed
and made available (including in the languages specified under
paragraph (4)) not later than 120 days after January 5, 2006.
(b) Visa and adjustment interviews
(1) Fiance(e)s, spouses and their derivatives
During an interview with an applicant for a K nonimmigrant
visa, a consular officers shall - 
(A) provide information, in the primary language of the visa
applicant, on protection orders or criminal convictions
collected under subsection (a)(5)(A)(iii) of this section;
(B) provide a copy of the pamphlet developed under subsection
(a)(1) of this section in English or another appropriate
language and provide an oral summary, in the primary language
of the visa applicant, of that pamphlet; and
(C) ask the applicant, in the primary language of the
applicant, whether an international marriage broker has
facilitated the relationship between the applicant and the
United States petitioner, and, if so, obtain the identity of
the international marriage broker from the applicant and
confirm that the international marriage broker provided to the
applicant the information and materials required under
subsection (d)(3)(A)(iii) of this section.
(2) Family-based applicants
The pamphlet developed under subsection (a)(1) of this section
shall be distributed directly to applicants for family-based
immigration petitions at all consular and adjustment interviews
for such visas. The Department of State or Department of Homeland
Security officer conducting the interview shall review the
summary of the pamphlet with the applicant orally in the
applicant's primary language, in addition to distributing the
pamphlet to the applicant in English or another appropriate
language.
(c) Confidentiality
In fulfilling the requirements of this section, no official of
the Department of State or the Department of Homeland Security
shall disclose to a nonimmigrant visa applicant the name or contact
information of any person who was granted a protection order or
restraining order against the petitioner or who was a victim of a
crime of violence perpetrated by the petitioner, but shall disclose
the relationship of the person to the petitioner.
(d) Regulation of international marriage brokers
(1) Prohibition on marketing children
An international marriage broker shall not provide any
individual or entity with the personal contact information,
photograph, or general information about the background or
interests of any individual under the age of 18.
(2) Requirements of international marriage brokers with respect
to mandatory collection of background information
(A) In general
(i) Search of sex offender public registries
Each international marriage broker shall search the
National Sex Offender Public Registry or State sex offender
public registry, as required under paragraph (3)(A)(i).
(ii) Collection of background information
Each international marriage broker shall also collect the
background information listed in subparagraph (B) about the
United States client to whom the personal contact information
of a foreign national client would be provided.
(B) Background information
The international marriage broker shall collect a
certification signed (in written, electronic, or other form) by
the United States client accompanied by documentation or an
attestation of the following background information about the
United States client:
(i) Any temporary or permanent civil protection order or
restraining order issued against the United States client.
(ii) Any Federal, State, or local arrest or conviction of
the United States client for homicide, murder, manslaughter,
assault, battery, domestic violence, rape, sexual assault,
abusive sexual contact, sexual exploitation, incest, child
abuse or neglect, torture, trafficking, peonage, holding
hostage, involuntary servitude, slave trade, kidnapping,
abduction, unlawful criminal restraint, false imprisonment,
or stalking.
(iii) Any Federal, State, or local arrest or conviction of
the United States client for - 
(I) solely, principally, or incidentally engaging in
prostitution;
(II) a direct or indirect attempt to procure prostitutes
or persons for the purpose of prostitution; or
(III) receiving, in whole or in part, of the proceeds of
prostitution.
(iv) Any Federal, State, or local arrest or conviction of
the United States client for offenses related to controlled
substances or alcohol.
(v) Marital history of the United States client, including
whether the client is currently married, whether the client
has previously been married and how many times, how previous
marriages of the client were terminated and the date of
termination, and whether the client has previously sponsored
an alien to whom the client was engaged or married.
(vi) The ages of any of the United States client's children
who are under the age of 18.
(vii) All States and countries in which the United States
client has resided since the client was 18 years of age.
(3) Obligation of international marriage brokers with respect to
informed consent
(A) Limitation on sharing information about foreign national
clients
An international marriage broker shall not provide any United
States client or representative with the personal contact
information of any foreign national client unless and until the
international marriage broker has - 
(i) performed a search of the National Sex Offender Public
Registry, or of the relevant State sex offender public
registry for any State not yet participating in the National
Sex Offender Public Registry in which the United States
client has resided during the previous 20 years, for
information regarding the United States client;
(ii) collected background information about the United
States client required under paragraph (2);
(iii) provided to the foreign national client - 
(I) in the foreign national client's primary language, a
copy of any records retrieved from the search required
under paragraph (2)(A)(i) or documentation confirming that
such search retrieved no records;
(II) in the foreign national client's primary language, a
copy of the background information collected by the
international marriage broker under paragraph (2)(B); and
(III) in the foreign national client's primary language
(or in English or other appropriate language if there is no
translation available into the client's primary language),
the pamphlet developed under subsection (a)(1) of this
section; and
(iv) received from the foreign national client a signed,
written consent, in the foreign national client's primary
language, to release the foreign national client's personal
contact information to the specific United States client.
(B) Confidentiality
In fulfilling the requirements of this paragraph, an
international marriage broker shall disclose the relationship
of the United States client to individuals who were issued a
protection order or restraining order as described in clause
(i) of paragraph (2)(B), or of any other victims of crimes as
described in clauses (ii) through (iv) of such paragraph, but
shall not disclose the name or location information of such
individuals.
(C) Penalty for misuse of information
A person who knowingly discloses, uses, or causes to be used
any information obtained by an international marriage broker as
a result of the obligations imposed on it under paragraph (2)
and this paragraph for any purpose other than the disclosures
required under this paragraph shall be fined in accordance with
title 18 or imprisoned not more than 1 year, or both. These
penalties are in addition to any other civil or criminal
liability under Federal or State law which a person may be
subject to for the misuse of that information, including to
threaten, intimidate, or harass any individual. Nothing in this
section shall prevent the disclosure of such information to law
enforcement or pursuant to a court order.
(4) Limitation on disclosure
An international marriage broker shall not provide the personal
contact information of any foreign national client to any person
or entity other than a United States client. Such information
shall not be disclosed to potential United States clients or
individuals who are being recruited to be United States clients
or representatives.
(5) Penalties
(A) Federal civil penalty
(i) Violation
An international marriage broker that violates (or attempts
to violate) paragraph (1), (2), (3), or (4) is subject to a
civil penalty of not less than $5,000 and not more than
$25,000 for each such violation.
(ii) Procedures for imposition of penalty
A penalty may be imposed under clause (i) by the Attorney
General only after notice and an opportunity for an agency
hearing on the record in accordance with subchapter II of
chapter 5 of title 5 (popularly known as the Administrative
Procedure Act).
(B) Federal criminal penalty
In circumstances in or affecting interstate or foreign
commerce, an international marriage broker that, within the
special maritime and territorial jurisdiction of the United
States, violates (or attempts to violate) paragraph (1), (2),
(3), or (4) shall be fined in accordance with title 18 or
imprisoned for not more than 5 years, or both.
(C) Additional remedies
The penalties and remedies under this subsection are in
addition to any other penalties or remedies available under
law.
(6) Nonpreemption
Nothing in this subsection shall preempt - 
(A) any State law that provides additional protections for
aliens who are utilizing the services of an international
marriage broker; or
(B) any other or further right or remedy available under law
to any party utilizing the services of an international
marriage broker.
(7) Effective date
(A) In general
Except as provided in subparagraph (B), this subsection shall
take effect on the date that is 60 days after January 5, 2006.
(B) Additional time allowed for information pamphlet
The requirement for the distribution of the pamphlet
developed under subsection (a)(1) of this section shall not
apply until 30 days after the date of its development and
initial distribution under subsection (a)(6) of this section.
(e) Definitions
In this section:
(1) Crime of violence
The term "crime of violence" has the meaning given such term in
section 16 of title 18.
(2) Domestic violence
The term "domestic violence" has the meaning given such term in
section 3 of this Act.(!1)
(3) Foreign national client
The term "foreign national client" means a person who is not a
United States citizen or national or an alien lawfully admitted
to the United States for permanent residence and who utilizes the
services of an international marriage broker. Such term includes
an alien residing in the United States who is in the United
States as a result of utilizing the services of an international
marriage broker and any alien recruited by an international
marriage broker or representative of such broker.
(4) International marriage broker
(A) In general
The term "international marriage broker" means a corporation,
partnership, business, individual, or other legal entity,
whether or not organized under any law of the United States,
that charges fees for providing dating, matrimonial,
matchmaking services, or social referrals between United States
citizens or nationals or aliens lawfully admitted to the United
States as permanent residents and foreign national clients by
providing personal contact information or otherwise
facilitating communication between individuals.
(B) Exceptions
Such term does not include - 
(i) a traditional matchmaking organization of a cultural or
religious nature that operates on a nonprofit basis and
otherwise operates in compliance with the laws of the
countries in which it operates, including the laws of the
United States; or
(ii) an entity that provides dating services if its
principal business is not to provide international dating
services between United States citizens or United States
residents and foreign nationals and it charges comparable
rates and offers comparable services to all individuals it
serves regardless of the individual's gender or country of
citizenship.
(5) K nonimmigrant visa
The term "K nonimmigrant visa" means a nonimmigrant visa under
clause (i) or (ii) of section 1101(a)(15)(K) of this title.
(6) Personal contact information
(A) In general
The term "personal contact information" means information, or
a forum to obtain such information, that would permit
individuals to contact each other, including - 
(i) the name or residential, postal, electronic mail, or
instant message address of an individual;
(ii) the telephone, pager, cellphone, or fax number, or
voice message mailbox of an individual; or
(iii) the provision of an opportunity for an in-person
meeting.
(B) Exception
Such term does not include a photograph or general
information about the background or interests of a person.
(7) Representative
The term "representative" means, with respect to an
international marriage broker, the person or entity acting on
behalf of such broker. Such a representative may be a recruiter,
agent, independent contractor, or other international marriage
broker or other person conveying information about or to a United
States client or foreign national client, whether or not the
person or entity receives remuneration.
(8) State
The term "State" includes the District of Columbia, Puerto
Rico, the Virgin Islands, Guam, American Samoa, and the Northern
Mariana Islands.
(9) United States
The term "United States", when used in a geographic sense,
includes all the States.
(10) United States client
The term "United States client" means a United States citizen
or other individual who resides in the United States and who
utilizes the services of an international marriage broker, if a
payment is made or a debt is incurred to utilize such services.
(f) GAO study and report
(1) Study
The Comptroller General of the United States shall conduct a
study - 
(A) on the impact of this section and section 832 (!1) on the
K nonimmigrant visa process, including specifically - 
(i) annual numerical changes in petitions for K
nonimmigrant visas;
(ii) the annual number (and percentage) of such petitions
that are denied under subsection (d)(2) or (r) of section
1184 of this title;
(iii) the annual number of waiver applications submitted
under such a subsection, the number (and percentage) of such
applications granted or denied, and the reasons for such
decisions;
(iv) the annual number (and percentage) of cases in which
the criminal background information collected and provided to
the applicant as required by subsection (a)(5)(A)(iii) of
this section contains one or more convictions;
(v) the annual number and percentage of cases described in
clause (iv) that were granted or were denied waivers under
section 1184(d)(2) of this title;
(vi) the annual number of fiance(e) and spousal K
nonimmigrant visa petitions or family-based immigration
petitions filed by petitioners or applicants who have
previously filed other fiance(e) or spousal K
nonimmigrant visa petitions or family-based immigration
petitions;
(vii) the annual number of fiance(e) and spousal K
nonimmigrant visa petitions or family-based immigration
petitions filed by petitioners or applicants who have
concurrently filed other fiance(e) or spousal K
nonimmigrant visa petitioners or family-based immigration
petitions; and
(viii) the annual and cumulative number of petitioners and
applicants tracked in the multiple filings database
established under paragraph (4) of section 1184(r) of this
title;
(B) regarding the number of international marriage brokers
doing business in the United States, the number of marriages
resulting from the services provided, and the extent of
compliance with the applicable requirements of this section;
(C) that assesses the accuracy and completeness of
information gathered under section 832 (!1) and this section
from clients and petitioners by international marriage brokers,
the Department of State, or the Department of Homeland
Security;
(D) that examines, based on the information gathered, the
extent to which persons with a history of violence are using
either the K nonimmigrant visa process or the services of
international marriage brokers, or both, and the extent to
which such persons are providing accurate and complete
information to the Department of State or the Department of
Homeland Security and to international marriage brokers in
accordance with subsections (a) and (d)(2)(B) of this section;
and
(E) that assesses the accuracy and completeness of the
criminal background check performed by the Secretary of
Homeland Security at identifying past instances of domestic
violence.
(2) Report
Not later than 2 years after January 5, 2006, the Comptroller
General shall submit to the Committee on the Judiciary of the
Senate and the Committee on the Judiciary of the House of
Representatives a report setting forth the results of the study
conducted under paragraph (1).
(3) Data collection
The Secretary of Homeland Security and the Secretary of State
shall collect and maintain the data necessary for the Comptroller
General of the United States to conduct the study required by
paragraph (1).