S.Amdt. 1262

1. Inserts new text on page 1231, between lines 12 and 13

   InsertsPrinted page

   Inserted: (g) Emergency Entry for Adoptees and Minor Relatives.--Section 212(d)(5) (8 U.S.C. 1182(d)(5)) is amended--

   Inserted: (1) by striking "(5)(A) The Attorney General may" and inserting the following:

   Inserted: "(5) Parole.--

   Inserted: "(A) In general.--The Director of U.S. Citizenship and Immigration Services (referred to in this paragraph as the 'Director')";

   Inserted: (2) by striking "Attorney General" each place such term appears and inserting "Director";

   Inserted: (3) in subparagraph (A)--

   Inserted: (A) by striking "in his discretion" and inserting "in the discretion of the Director, may";

   Inserted: (B) by striking "he may" and inserting "the Director may";

   Inserted: (C) by striking "he was" and inserting "the alien was"; and

   Inserted: (D) by striking "his case" and inserting "the alien's case";

   Inserted: (4) by striking "(B)" and inserting the following:

   Inserted: "(C) Limitation.--"; and

   Show 15 more inserted paragraphsShow less

   Inserted: (5) by inserting after subparagraph (A) the following:

   Inserted: "(B) Special use of parole authority.--

   Inserted: "(i) In general.--Notwithstanding any other provision of this Act, the Director, in the discretion of the Director, may grant parole into the United States to a child who is unparented or otherwise in an emergent situation in the child's country of origin or habitual residence if the Director determines that--

   Inserted: "(I) the party or parties seeking parole on behalf of the child have a preexisting relationship with the child, such as a pending adoption case or a familial relationship;

   Inserted: "(II) the child is not subject to any ongoing investigation or legal dispute as to custody in the child's country of origin or habitual residence;

   Inserted: "(III) there is no explicit objection by the government of the child's country of origin or habitual residence to the United States granting parole to the child;

   Inserted: "(IV) the child will receive proper care in the United States by the party or parties who seek parole on behalf of the child, based on a review of the suitability of the party or parties, which may include background checks or a home study conducted by a licensed child placing agency;

   Inserted: "(V) the parties seeking parole on behalf of the child will make every effort to follow the laws of the United States and of the child's country of origin or habitual residence in resolving any outstanding issues of custody based on the best interests of the child; and

   Inserted: "(VI) the parties seeking parole on behalf of the child intend--

   Inserted: "(aa) to reunite the child with the child's parents or guardians at the first possible opportunity; or

   Inserted: "(bb) to seek to adopt the child permanently and legally.

   Inserted: "(ii) Tolling of 2-year periods.--If a child is granted parole under this subparagraph--

   Inserted: "(I) the 2-year period for legal custody of the child with respect to filing an immediate relative petition on behalf of the child shall begin to toll on the date on which the party or parties seeking parole on behalf of the child document a grant of custody in the child's country of origin or habitual residence or in the United States;

   Inserted: "(II) the 2-year period for physical custody of the child, with respect to filing an immediate relative petition on behalf of the child, shall begin to toll on the date on which the child shares a residence with the party or parties seeking parole in the child's country of origin or habitual residence or in the United States; and

   Inserted: "(III) the requirement for approval of an immediate relative petition that the 2 years of joint residence and legal custody be spent outside the United States in cases involving Hague Adoption Convention partner countries under section 204.2(d)(2)(vii)(E) of title 8, Code of Federal Regulations, shall not apply.".

   Original wording

   On page 1231, between lines 12 and 13, insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed