S.Amdt. 3345

1. Inserts new text on page 331, between lines 6 and 7

   InsertsPrinted page

   Inserted: (6) Criminal and related grounds.--An alien is ineligible for conditional nonimmigrant work authorization and status under this section under any of the following circumstances:

   Inserted: (A) Conviction of certain crimes.--

   Inserted: (i) In general.--Except as provided in clause (ii), the alien was convicted of, admits having committed, or admits having committed acts which constitute the essential elements of--

   Inserted: (I) a crime involving moral turpitude (other than a purely political offense) or an attempt or conspiracy to commit such a crime, or

   Inserted: (II) a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)).

   Inserted: (ii) Exception.--Clause (i)(I) shall not apply to an alien who committed only 1 crime if--

   Inserted: (I) the crime was committed before the alien reached 18 years of age and the alien was released from any confinement to a prison or correctional institution imposed for the crime more than 5 years before the date of application for a visa or other documentation and the date of application for admission to the United States; or

   Inserted: (II) the maximum allowable penalty for the crime for which the alien was convicted, admits having committed, or admits having committed the acts constituting the essential elements of, is not longer than imprisonment for 1 year and, if the alien was convicted of such crime, the alien was not sentenced to a term of imprisonment longer than 6 months (regardless of the extent to which the sentence was ultimately executed).

   Inserted: (B) Multiple criminal convictions.--The alien has been convicted of 2 or more offenses (other than purely political offenses) for which the aggregate sentences to confinement were 5 years or more, regardless of whether--

   Inserted: (i) the conviction was in a single trial;

   Inserted: (ii) the offenses arose from a single scheme of misconduct; or

   Inserted: (iii) the offenses involved moral turpitude, .

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   Inserted: (C) Controlled substance traffickers.--The consular officer or the Attorney General knows, or has reason to believe, that the alien--

   Inserted: (i) is or has been--

   Inserted: (I) an illicit trafficker in any controlled substance or in any listed chemical (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)); or

   Inserted: (II) a knowing aider, abettor, assister, conspirator, or colluder with others in the illicit trafficking in any such controlled or listed substance or chemical, or endeavored to do so; or

   Inserted: (ii) is the spouse, son, or daughter of an alien ineligible under clause (i), and has--

   Inserted: (I) during the previous 5 years, obtained any financial or other benefit from the illicit activity of that alien; and

   Inserted: (II) knew or reasonably should have known that the financial or other benefit was the product of such illicit activity.

   Inserted: (D) Certain aliens involved in serious criminal activity who have asserted immunity from prosecution.--The alien--

   Inserted: (i) has committed a serious criminal offense (as defined in section 101(h)) in the United States;

   Inserted: (ii) exercised immunity from criminal jurisdiction with respect to that offense;

   Inserted: (iii) as a consequence of the offense and exercise of immunity, has departed from the United States; and

   Inserted: (iv) has not subsequently submitted fully to the jurisdiction of the court in the United States having jurisdiction with respect to that offense.

   Inserted: (E) Foreign government officials who have committed particularly severe violations of religious freedom.--The alien, while serving as a foreign government official, was responsible for, or directly carried out, at any time, particularly severe violations of religious freedom (as defined in section 3 of the International Religious Freedom Act of 1998 (22 U.S.C. 6402)).

   Inserted: (F) Significant traffickers in persons.--

   Inserted: (i) In general.--The alien is listed in a report submitted under section 111(b) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7108(b)) or the consular officer or the Attorney General knows or has reason to believe that the alien is, or has been, a knowing aider, abettor, assister, conspirator, or colluder with such a trafficker in severe forms of trafficking in persons (as defined in the section 103 of such Act (22 U.S.C. 7102)).

   Inserted: (ii) Beneficiaries of trafficking.--Except as provided in clause (iii), the consular officer or the Attorney General knows or has reason to believe that the alien is the spouse, son, or daughter of an alien ineligible under clause (i), and the alien--

   Inserted: (I) within the previous 5 years, has obtained any financial or other benefit from the illicit activity of that alien; and

   Inserted: (II) knew or reasonably should have known that the financial or other benefit was the product of such illicit activity.

   Inserted: (iii) Exception for certain sons and daughters.--Clause (ii) shall not apply to a son or daughter who was a child at the time he or she received the benefit described in such clause.

   Inserted: (G) Money laundering.--A consular officer or the Attorney General knows, or has reason to believe, that the alien--

   Inserted: (i) has engaged, is engaging, or seeks to enter the United States to engage, in an offense described in section 1956 or 1957 of title 18, United States Code (relating to laundering of monetary instruments); or

   Inserted: (ii) is, or has been, a knowing aider, abettor, assister, conspirator, or colluder with others in an offense referred to in clause (i).

   Inserted: (H) Criminal convictions.--The alien has been convicted of any felony or at least 3 misdemeanors.

   Original wording

   On page 331, between lines 6 and 7, insert the following:

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As printed