[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>