H.R.5610 - Foreign Anti-Sex Offender Protection Act of 2006109th Congress (2005-2006)
Summary: H.R.5610 — 109th Congress (2005-2006)
Introduced in House (06/14/2006)
Foreign Anti-Sex Offender Protection Act of 2006 - Amends the Immigration and Nationality Act to authorize the Secretary of Homeland Security to deny a family-based immigration petition by a U.S. petitioner for an alien spouse or child if: (1) the Secretary has confirmed that the petitioner is on the national sex offender registry for a conviction that individually resulted in incarceration for more than one year; (2) the petitioner has been given at least 90 days to rebut such information and has failed to do so; and (3) the Secretary finds that granting the petition would put a primary or derivative spouse or child beneficiary in grave danger of being sexually abused.
Directs the Secretary to base such petitioner evaluation upon: (1) the nature of the relationship; (2) the nature of the sex offense; (3) rehabilitation; and (4) previous visa petitions.
Directs the Secretary to provide the petitioner with a notice that states the reasons for the intended denial and provides the petitioner with at least 90 days to submit rebuttal evidence.
Provides post-denial remedies through: (1) the Board of Immigration Appeals; and (2) a new petition filing based on additional evidence.
States that where the Secretary has confirmed that the petitioner is listed on the national sex offender registry: (1) an interview with the alien spouse, and any alien sons or daughters, shall be required prior to removal of conditional permanent resident status; and (2) if there is abuse or harm by the petitioner the victim shall be offered appropriate assistance, including information on ways to remain in the United State that do not depend on continuing the qualifying marriage. Provides a hardship waiver in cases of sexual abuse of the alien spouse or child.
Directs the Secretary to establish the Task Force to Rescue Immigrant Victims of American Sex Offenders.