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SEC. 3. INFORMATION ABOUT LEGAL RIGHTS AND RESOURCES FOR IMMIGRANT VICTIMS OF DOMESTIC VIOLENCE.

    (a) In General- The Department of State and the Department of Homeland Security shall ensure the consistency and accuracy of information disseminated--

      (1) to foreign national clients or other individuals by international marriage brokers pursuant to section 2(b)(1)(C); and

      (2) to beneficiaries of petitions filed by United States citizens for K nonimmigrant visas.

    Such departments shall develop the pamphlet working in consultation with non-profit, non-governmental immigrant victim advocacy organizations with expertise on the legal rights of immigrant victims of battery, extreme cruelty, sexual assault and other crimes.

    (b) Information Pamphlet- The information pamphlet required to be developed under subsection (a) shall include information on the following:

      (1) The K nonimmigrant visa application process and the marriage-based immigration process, including conditional residence and adjustment of status.

      (2) The requirement that international marriage brokers provide foreign national clients with background information 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.

      (3) The illegality of domestic violence, sexual assault, and child abuse in the United States.

      (4) Information on the dynamics of domestic violence.

      (5) Domestic violence and sexual assault services in the United States, including the National Domestic Violence Hotline and the National Sexual Assault Hotline.

      (6) Immigration relief available to immigrant victims of domestic violence, sexual assault, trafficking and other crimes under the Violence Against Women Act, section 101(a)(15)(U) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(U)), and section 101(a)(15)(T) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(T)).

      (7) The legal rights of immigrant victims of abuse and other crimes in immigration, criminal justice, family law and other matters.

      (8) The obligations of parents to provide child support for children.

      (9) Notice that knowingly entering into marriage for the purpose of evading the immigration laws of the United States constitutes the crime of marriage fraud and carries serious penalties.

    (c) Translation-

      (1) IN GENERAL- In order to best serve the language groups most recruited by international marriage brokers and having the greatest concentration of K nonimmigrant visa applicants, the information pamphlet under this section shall, subject to paragraph (2), be translated by the Department of State and the Department of Homeland Security into the following languages: Russian, Spanish, Tagalog, Vietnamese, Chinese, Ukrainian, Thai, Korean, Polish, Japanese, French, Arabic, Portuguese, and Hindi.

      (2) REVISION- The specific languages to which the information pamphlet is translated are subject to change as a result of the report made under section 8.

    (d) Availability and Distribution- The information pamphlet under this subsection shall be made available and distributed as follows:

      (1) TO INTERNATIONAL MARRIAGE BROKERS AND VICTIM ADVOCACY ORGANIZATIONS- It shall be made available to any international marriage broker and to any governmental and non-governmental victim advocacy organization.

      (2) TO K NONIMMIGRANT VISA APPLICANTS; POSTING ON NVC WEBSITE- It shall be mailed by the National Visa Center to each applicant for a K nonimmigrant visa at the same time that Form DS-3032 is mailed to such applicant.

      SEC. 4. 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 there is such a petition filed by that petitioner for another alien fiance(e) that is pending or that has been approved and is still valid.

        `(3) The Department of Homeland Security shall provide to the Department of State criminal background information on the 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 and in writing and signed under penalty of perjury, information described in section 2(c)(2) of the International Marriage Broker Regulation Act of 2005.

        `(5) The Secretary of State shall provide that an applicant for a visa under clause (i) or (ii) of section 101(a)(15)(K)--

          `(A) shall be provided, by mail--

            `(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 2(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 2 of such Act.

        The Secretary also shall provide for the disclosure of such information to the visa applicant at the consular interview in the primary language of the visa applicant.

        `(6) 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.

        `(7) In fulfilling the requirements of paragraph (5)(A)(ii), a consular officer shall not disclose the name or locational information of any person who was granted 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.



        Read more...Sections 5 & 6

     
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