8 USC 1375a - Domestic violence information and resources for immigrants and regulation of international marriage brokers

U.S Code last checked for updates: Nov 22, 2024

§ 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

(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) that international marriage brokers provide foreign national clients with background information gathered on United States clients from searches of the National Sex Offender Public Website 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

(4)

Translation

(A)

In general

(B)

Revision

(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, for inclusion in the mailing described in clause (i), 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.

(iv)

The Secretary of Homeland Security shall conduct a background check of the National Crime Information Center’s Protection Order Database on each petitioner for a visa under subsection (d) or (r) of section 1184 of this title. Any appropriate information obtained from such background check—

(I)

shall accompany the criminal background information provided by the Secretary of Homeland Security to the Secretary of State and shared by the Secretary of State with a beneficiary of a petition referred to in clause (iii); and

(II)

shall not be used or disclosed for any other purpose unless expressly authorized by law.

(v)

The Secretary of Homeland Security shall create a cover sheet or other mechanism to accompany the information required to be provided to an applicant for a visa under subsection (d) or (r) of section 1184 of this title by clauses (i) through (iv) of this paragraph or by clauses (i) and (ii) of subsection (r)(4)(B) of such section 1184 of this title, that calls to the applicant’s attention—

(I)

whether the petitioner disclosed a protection order, a restraining order, or criminal history information on the visa petition;

(II)

the criminal background information and information about any protection order obtained by the Secretary of Homeland Security regarding the petitioner in the course of adjudicating the petition; and

(III)

whether the information the petitioner disclosed on the visa petition regarding any previous petitions filed under subsection (d) or (r) of such section 1184 of this title is consistent with the information in the multiple visa tracking database of the Department of Homeland Security, as described in subsection (r)(4)(A) of such section 1184 of this title.

(B)

Consular access

(C)

Posting on Federal websites

(D)

International marriage brokers and victim advocacy organizations

(6)

Deadline for pamphlet development and distribution

(b)

Visa and adjustment interviews

(1)

Fiancé(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 and criminal convictions collected under subsection (a)(5)(A)(iii);

(B)

provide a copy of the pamphlet developed under subsection (a)(1) 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).

(2)

Family-based applicants

(c)

Confidentiality

(d)

Regulation of international marriage brokers

(1)

Prohibition on marketing of or to children

(A)

In general

(B)

Compliance

To comply with the requirements of subparagraph (A), an international marriage broker shall—

(i)

obtain a valid copy of each foreign national client’s birth certificate or other proof of age document issued by an appropriate government entity;

(ii)

indicate on such certificate or document the date it was received by the international marriage broker;

(iii)

retain the original of such certificate or document for 7 years after such date of receipt; and

(iv)

produce such certificate or document upon request to an appropriate authority charged with the enforcement of this paragraph.

(2)

Requirements of international marriage brokers with respect to mandatory collection of background information

(A)

In general

(i)

Search of sex offender public website

(ii)

Collection of background information

(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, stalking, or an attempt to commit any such crime.

(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 Website 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 signed certification and accompanying documentation or attestation regarding the background information collected 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); 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

(4)

Limitation on disclosure

(5)

Penalties

(A)

Federal civil penalty

(i)

Violation

(ii)

Procedures for imposition of penalty

(B)

Federal criminal penalties

(i)

Failure of international marriage brokers to comply with obligations

Except as provided in clause (ii), an international marriage broker that, in circumstances in or affecting interstate or foreign commerce, or within the special maritime and territorial jurisdiction of the United States—

(I)

except as provided in subclause (II), 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 1 year, or both; or

(II)

knowingly violates or attempts to violate paragraphs 1

 So in original. Probably should be “paragraph”.

(1), (2), (3), or (4) shall be fined in accordance with title 18 or imprisoned for not more than 5 years, or both.

(ii)

Misuse of information

(iii)

Fraudulent failures of United States clients to make required self-disclosures

(iv)

Relationship to other penalties

(v)

Construction

(C)

Additional remedies

(6)

Enforcement

(A)

Authority

(B)

Consultation

(7)

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.

(8)

Effective date

(A)

In general

(B)

Additional time allowed for information pamphlet

(e)

Definitions

In this section:

(1)

Crime of violence

(2)

Domestic violence

(3)

Foreign national client

(4)

International marriage broker

(A)

In general

(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

(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

(7)

Representative

(8)

State

(9)

United States

(10)

United States client

(f)

GAO studies and reports

(1)

Study

The Comptroller General of the United States shall conduct a study—

(A)

on the impact of this section and section 832 ² 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, as amended by this Act;

(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) 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, as amended by this Act;

(vi)

the annual number of fiancé(e) and spousal K nonimmigrant visa petitions or family-based immigration petitions filed by petitioners or applicants who have previously filed other fiancé(e) or spousal K nonimmigrant visa petitions or family-based immigration petitions;

(vii)

the annual number of fiancé(e) and spousal K nonimmigrant visa petitions or family-based immigration petitions filed by petitioners or applicants who have concurrently filed other fiancé(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, as added by this Act;

(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 ² 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); 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

(3)

Data collection

(4)

Continuing impact study and report

(A)

Study

(B)

Report

(C)

Data collection

(Pub. L. 109–162, title VIII, § 833, Jan. 5, 2006, 119 Stat. 3068; Pub. L. 113–4, title VIII, §§ 807(b), 808(b)–(d), Mar. 7, 2013, 127 Stat. 113–116.)

cite as: 8 USC 1375a

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