Text: S.2044 — 109th Congress (2005-2006)All Information (Except Text)

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Introduced in Senate (11/17/2005)


109th CONGRESS
1st Session
S. 2044


To amend the Immigration and Nationality Act to resolve inequities in existing law by reducing the residency requirement for the naturalization of aliens with extraordinary ability so that such aliens may represent the United States at international events.


IN THE SENATE OF THE UNITED STATES

November 17, 2005

Mr. Levin introduced the following bill; which was read twice and referred to the Committee on the Judiciary


A BILL

To amend the Immigration and Nationality Act to resolve inequities in existing law by reducing the residency requirement for the naturalization of aliens with extraordinary ability so that such aliens may represent the United States at international events.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. Naturalization of aliens with extraordinary ability.

(a) In general.—Section 316 of the Immigration and Nationality Act (8 U.S.C. 1427), is amended by adding at the end the following:

“(g)(1) The continuous residency requirement under subsection (a) may be reduced to 3 years for an applicant for naturalization if—

“(A) the applicant is the beneficiary of an approved petition for classification under section 204(a)(1)(E);

“(B) the applicant has been approved for adjustment of status under section 245(a); and

“(C) such reduction is necessary for the applicant to represent the United States at an international event.

“(2) The Secretary of Homeland Security shall adjudicate an application for naturalization under this section not later than 30 days after the submission of such application if the applicant—

“(A) requests such expedited adjudication in order to represent the United States at an international event; and

“(B) demonstrates that such expedited adjudication is related to such representation.

“(3) An applicant is ineligible for expedited adjudication under paragraph (2) if the Secretary of Homeland Security determines that such expedited adjudication poses a risk to national security. Such a determination by the Secretary shall not be subject to review.

“(4)(A) In addition to any other fee authorized by law, the Secretary of Homeland Security shall charge and collect a $1,000 premium processing fee from each applicant described in this subsection to offset the additional costs incurred to expedite the processing of applications under this subsection.

“(B) The fee collected under subparagraph (A) shall be deposited as offsetting collections in the Immigration Examinations Fee Account.”.

(b) Effective date.—

(1) IN GENERAL.—The amendment made by subsection (a)—

(A) shall take effect on the date of enactment of this Act; and

(B) is repealed on January 14, 2006.

(2) IMPLEMENTATION.—Beginning on the date of enactment of this Act, the Secretary of Homeland Security shall accept and process applications for naturalization filed by aliens described in section 316(g)(1) of the Immigration and Nationality Act (8 U.S.C. 1427(g)(1)) in accordance with the amendment made by subsection (a).