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If you are a
single man seeking a nice Asian woman to marry, you must read this
law. The International Marriage Broker Regulation
Act, IMBRA of 2005 was signed into law by President Bush on
January 5, 2006. It is a law which intrudes upon the privacy of men
who seek single Asian women overseas for friendship or marriage.
This law is the pet project of the feminists and biased critics who
like to believe that single Asian women in Asia using a dating
online penpal service to meet Western men are submissive, desperate
and helpless. They also believe that all single men who seek single
Asian women overseas using a so-called mail order bride service are
abusive, and the online dating penpal services are international
marriage brokers who sell marital slaves! This is, of course, not
true.
Read this law and you'll find it is not only an invasion of privacy
and civil liberties but also a violation of constitutional rights.
Many single men are now working to have this law repealed. If you
wish to do the same, sign
the petition to repeal this unconstitional law. Contact the ACLU,
your
congressman and senator. You Washington state men may also want
to contact your senator Maria
Cantwell as she is the one who got this law passed. If you are a
single man and want to be kept posted about this law, please e-mail
us
International Marriage Broker
Regulation Act, IMBRA OF 2005
H.R.3402 Violence Against Women and Department of
Justice Reauthorization Act of 2005 (Engrossed Amendment as Agreed
to by Senate at last minute on Dec 24 Christmas Eve)
Subtitle D--International Marriage Broker Regulation
(B) BACKGROUND INFORMATION- The international marriage broker shall
collect a certification signed (in written, electronic, or other
form) by the United States client accompanied by documentation or an
attestation of the following background information about the United
States client:
(i) Any temporary or permanent civil protection order or restraining
order issued against the United States client.
(ii) Any Federal, State, or local arrest or conviction of the United
States client for homicide, murder, manslaughter, assault, battery,
domestic violence, rape, sexual assault, abusive sexual contact,
sexual exploitation, incest, child abuse or neglect, torture,
trafficking, peonage, holding hostage, involuntary servitude, slave
trade, kidnapping, abduction, unlawful criminal restraint, false
imprisonment, or stalking.
(iii) Any Federal, State, or local arrest or conviction of the
United States client for--
(I) solely, principally, or incidentally engaging in prostitution;
(II) a direct or indirect attempt to procure prostitutes or persons
for the purpose of prostitution; or
(III) receiving, in whole or in part, of the proceeds of
prostitution.
(iv) Any Federal, State, or local arrest or conviction of the United
States client for offenses related to controlled substances or
alcohol.
(v) Marital history of the United States client, including whether
the client is currently married, whether the client has previously
been married and how many times, how previous marriages of the
client were terminated and the date of termination, and whether the
client has previously sponsored an alien to whom the client was
engaged or married.
H.R.3402 Violence Against Women and Department of Justice
Reauthorization Act of 2005 (Engrossed Amendment as Agreed to by
Senate)
Subtitle D--International Marriage Broker Regulation
SEC. 831. SHORT TITLE.
This subtitle may be cited as the `International Marriage Broker
Regulation Act, IMBRA of 2005'.
SEC. 832. ACCESS TO VAWA PROTECTION REGARDLESS OF MANNER OF ENTRY.
(a) Information on Certain Convictions and Limitation on Petitions
for K Nonimmigrant Petitioners-
(1) 214(D) AMENDMENT- Section 214(d) of the Immigration and
Nationality Act (8 U.S.C. 1184(d)) is amended--
(A) by striking `(d)' and inserting `(d)(1)';
(B) by inserting after the second sentence `Such information shall
include information on any criminal convictions of the petitioner
for any specified crime.
(C) by striking `Attorney General' and inserting `Secretary of
Homeland Security' each place it appears; and
(D) by adding at the end the following:
(2)(A) Subject to subparagraphs (B) and (C), a consular officer may
not approve a petition under paragraph (1) unless the officer has
verified that--
(i) the petitioner has not, previous to the pending petition,
petitioned under paragraph (1) with respect to two or more applying
aliens; and
(ii) if the petitioner has had such a petition previously approved,
2 years have elapsed since the filing of such previously approved
petition.
(B) The Secretary of Homeland Security may, in the Secretary's
discretion, waive the limitations in subparagraph (A) if
justification exists for such a waiver. Except in extraordinary
circumstances and subject to subparagraph (C), such a waiver shall
not be granted if the petitioner has a record of violent criminal
offenses against a person or persons.
(C)(i) The Secretary of Homeland Security is not limited by the
criminal court record and shall grant a waiver of the condition
described in the second sentence of subparagraph (B) in the case of
a petitioner described in clause (ii).
(ii) A petitioner described in this clause is a petitioner who has
been battered or subjected to extreme cruelty and who is or was not
the primary perpetrator of violence in the relationship upon a
determination that--
(I) the petitioner was acting in self-defense;
`(II) the petitioner was found to have violated a protection order
intended to protect the petitioner; or
(III) the petitioner committed, was arrested for, was convicted of,
or pled guilty to committing a crime that did not result in serious
bodily injury and where there was a connection between the crime and
the petitioner's having been battered or subjected to extreme
cruelty.
(iii) In acting on applications under this subparagraph, the
Secretary of Homeland Security shall consider any credible evidence
relevant to the application. The determination of what evidence is
credible and the weight to be given that evidence shall be within
the sole discretion of the Secretary.
(3) In this subsection:
(A) The terms `domestic violence', `sexual assault', `child abuse
and neglect', `dating violence', `elder abuse', and `stalking' have
the meaning given such terms in section 3 of the Violence Against
Women and Department of Justice Reauthorization Act of 2005.
(B) The term `specified crime' means the following:
(i) Domestic violence, sexual assault, child abuse and neglect,
dating violence, elder abuse, and stalking.
(ii) Homicide, murder, manslaughter, rape, abusive sexual contact,
sexual exploitation, incest, torture, trafficking, peonage, holding
hostage, involuntary servitude, slave trade, kidnapping, abduction,
unlawful criminal restraint, false imprisonment, or an attempt to
commit any of the crimes described in this clause.
(iii) At least three convictions for crimes relating to a controlled
substance or alcohol not arising from a single act.
(2) 214(R) AMENDMENT- Section 214(r) of such Act (8 U.S.C. 1184(r))
is amended--
(A) in paragraph (1), by inserting after the second sentence `Such
information shall include information on any criminal convictions of
the petitioner for any specified crime and
(B) by adding at the end the following:
(4)(A) The Secretary of Homeland Security shall create a database
for the purpose of tracking multiple visa petitions filed for
fiance(e)s and spouses under clauses (i) and (ii) of section
101(a)(15)(K). Upon approval of a second visa petition under section
101(a)(15)(K) for a fiance(e) or spouse filed by the same United
States citizen petitioner, the petitioner shall be notified by the
Secretary that information concerning the petitioner has been
entered into the multiple visa petition tracking database. All
subsequent fiance(e) or spouse nonimmigrant visa petitions filed by
that petitioner under such section shall be entered in the database.
(B)(i) Once a petitioner has had two fiance(e) or spousal petitions
approved under clause (i) or (ii) of section 101(a)(15)(K), if a
subsequent petition is filed under such section less than 10 years
after the date the first visa petition was filed under such section,
the Secretary of Homeland Security shall notify both the petitioner
and beneficiary of any such subsequent petition about the number of
previously approved fiance(e) or spousal petitions listed in the
database.
(ii) A copy of the information and resources pamphlet on domestic
violence developed under section 833(a) of the International
Marriage Broker Regulation Act, IMBRA of 2005 shall be mailed to the
beneficiary along with the notification required in clause (i).
(5) In this subsection:
(A) The terms `domestic violence', `sexual assault', `child abuse
and neglect', `dating violence', `elder abuse', and `stalking' have
the meaning given such terms in section 3 of the Violence Against
Women and Department of Justice Reauthorization Act of 2005.
(B) The term `specified crime' means the following:
(i) Domestic violence, sexual assault, child abuse and neglect,
dating violence, elder abuse, and stalking.
(ii) Homicide, murder, manslaughter, rape, abusive sexual contact,
sexual exploitation, incest, torture, trafficking, peonage, holding
hostage, involuntary servitude, slave trade, kidnapping, abduction,
unlawful criminal restraint, false imprisonment, or an attempt to
commit any of the crimes described in this clause.
(iii) At least three convictions for crimes relating to a controlled
substance or alcohol not arising from a single act.
(3) EFFECTIVE DATE- The amendments made by this subsection shall
take effect on the date that is 60 days after the date of the
enactment of this Act.
(b) Limitation on Use of Certain Information- The fact that an alien
described in clause (i) or (ii) of section 101(a)(15)(K) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(K)) is aware
of any information disclosed under the amendments made by this
section or under section 833 shall not be used to deny the alien
eligibility for relief under any other provision of law.
SEC. 833. DOMESTIC VIOLENCE INFORMATION AND RESOURCES FOR IMMIGRANTS
AND REGULATION OF INTERNATIONAL MARRIAGE BROKERS.
(a) Information for K Nonimmigrants on Legal Rights and Resources
for Immigrant Victims of Domestic Violence-
(1) IN GENERAL- The Secretary of Homeland Security, in consultation
with the Attorney General and the Secretary of State, shall develop
an information pamphlet, as described in paragraph (2), on legal
rights and resources for immigrant victims of domestic violence and
distribute and make such pamphlet available as described in
paragraph (5). In preparing such materials, the Secretary of
Homeland Security shall consult with nongovernmental organizations
with expertise on the legal rights of immigrant victims of battery,
extreme cruelty, sexual assault, and other crimes.
(2) INFORMATION PAMPHLET- The information pamphlet developed under
paragraph (1) shall include information on the following:
(A) The K nonimmigrant visa application process and the
marriage-based immigration process, including conditional residence
and adjustment of status.
(B) The illegality of domestic violence, sexual assault, and child
abuse in the United States and the dynamics of domestic violence.
(C) Domestic violence and sexual assault services in the United
States, including the National Domestic Violence Hotline and the
National Sexual Assault Hotline.
(D) The legal rights of immigrant victims of abuse and other crimes
in immigration, criminal justice, family law, and other matters,
including access to protection orders.
(E) The obligations of parents to provide child support for
children.
(F) Marriage fraud under United States immigration laws and the
penalties for committing such fraud.
(G) A warning concerning the potential use of K nonimmigrant visas
by United States citizens who have a history of committing domestic
violence, sexual assault, child abuse, or other crimes and an
explanation that such acts may not have resulted in a criminal
record for such a citizen.
(H) Notification of the requirement under subsection (d)(3)(A) that
international marriage brokers provide foreign national clients with
background information gathered on United States clients from
searches of Federal and State sex offender public registries and
collected from United States clients regarding their marital history
and domestic violence or other violent criminal history, but that
such information may not be complete or accurate because the United
States client may not have a criminal record or may not have
truthfully reported their marital or criminal record.
(3) SUMMARIES- The Secretary of Homeland Security, in consultation
with the Attorney General and the Secretary of State, shall develop
summaries of the pamphlet developed under paragraph (1) that shall
be used by Federal officials when reviewing the pamphlet in
interviews under subsection (b).
(4) TRANSLATION-
(A) IN GENERAL- In order to best serve the language groups having
the greatest concentration of K nonimmigrant visa applicants, the
information pamphlet developed under paragraph (1) shall, subject to
subparagraph (B), be translated by the Secretary of State into
foreign languages, including Russian, Spanish, Tagalog, Vietnamese,
Chinese, Ukrainian, Thai, Korean, Polish, Japanese, French, Arabic,
Portuguese, Hindi, and such other languages as the Secretary of
State, in the Secretary's discretion, may specify.
(B) REVISION- Every 2 years, the Secretary of Homeland Security, in
consultation with the Attorney General and the Secretary of State,
shall determine at least 14 specific languages into which the
information pamphlet is translated based on the languages spoken by
the greatest concentrations of K nonimmigrant visa applicants.
(5) AVAILABILITY AND DISTRIBUTION- The information pamphlet
developed under paragraph (1) shall be made available and
distributed as follows:
(A) MAILINGS TO K NONIMMIGRANT VISA APPLICANTS-
(i) The pamphlet shall be mailed by the Secretary of State to each
applicant for a K nonimmigrant visa at the same time that the
instruction packet regarding the visa application process is mailed
to such applicant. The pamphlet so mailed shall be in the primary
language of the applicant or in English if no translation into the
applicant's primary language is available.
(ii) The Secretary of Homeland Security shall provide to the
Secretary of State, for inclusion in the mailing under clause (i), a
copy of the petition submitted by the petitioner for such applicant
under subsection (d) or (r) of section 214 of such Act (8 U.S.C.
1184).
(iii) The Secretary of Homeland Security shall provide to the
Secretary of State any criminal background information the Secretary
of Homeland Security possesses with respect to a petitioner under
subsection (d) or (r) of section 214 of such Act (8 U.S.C. 1184).
The Secretary of State, in turn, shall share any such criminal
background information that is in government records or databases
with the K nonimmigrant visa applicant who is the beneficiary of the
petition. The visa applicant shall be informed that such criminal
background information is based on available records and may not be
complete. The Secretary of State also shall provide for the
disclosure of such criminal background information to the visa
applicant at the consular interview in the primary language of the
visa applicant. Nothing in this clause shall be construed to
authorize the Secretary of Homeland Security to conduct any new or
additional criminal background check that is not otherwise conducted
in the course of adjudicating such petitions.
(B) CONSULAR ACCESS- The pamphlet developed under paragraph (1)
shall be made available to the public at all consular posts. The
summaries described in paragraph (3) shall be made available to
foreign service officers at all consular posts.
(C) POSTING ON FEDERAL WEBSITES- The pamphlet developed under
paragraph (1) shall be posted on the websites of the Department of
State and the Department of Homeland Security, as well as on the
websites of all consular posts processing applications for K
nonimmigrant visas.
(D) INTERNATIONAL MARRIAGE BROKERS AND VICTIM ADVOCACY
ORGANIZATIONS- The pamphlet developed under paragraph (1) shall be
made available to any international marriage broker, government
agency, or nongovernmental advocacy organization.
(6) DEADLINE FOR PAMPHLET DEVELOPMENT AND DISTRIBUTION- The pamphlet
developed under paragraph (1) shall be distributed and made
available (including in the languages specified under paragraph (4))
not later than 120 days after the date of the enactment of this Act.
(b) Visa and Adjustment Interviews-
(1) FIANCE(E)S, SPOUSES AND THEIR DERIVATIVES- During an interview
with an applicant for a K nonimmigrant visa, a consular officers
shall--
(A) provide information, in the primary language of the visa
applicant, on protection orders or criminal convictions collected
under subsection (a)(5)(A)(iii);
(B) provide a copy of the pamphlet developed under subsection (a)(1)
in English or another appropriate language and provide an oral
summary, in the primary language of the visa applicant, of that
pamphlet; and
(C) ask the applicant, in the primary language of the applicant,
whether an international marriage broker has facilitated the
relationship between the applicant and the United States petitioner,
and, if so, obtain the identity of the international marriage broker
from the applicant and confirm that the international marriage
broker provided to the applicant the information and materials
required under subsection (d)(3)(A)(iii).
(2) FAMILY-BASED APPLICANTS- The pamphlet developed under subsection
(a)(1) shall be distributed directly to applicants for family-based
immigration petitions at all consular and adjustment interviews for
such visas. The Department of State or Department of Homeland
Security officer conducting the interview shall review the summary
of the pamphlet with the applicant orally in the applicant's primary
language, in addition to distributing the pamphlet to the applicant
in English or another appropriate language.
(c) Confidentiality- In fulfilling the requirements of this section,
no official of the Department of State or the Department of Homeland
Security shall disclose to a nonimmigrant visa applicant the name or
contact information of any person who was granted a protection order
or restraining order against the petitioner or who was a victim of a
crime of violence perpetrated by the petitioner, but shall disclose
the relationship of the person to the petitioner.
(d) Regulation of International Marriage Brokers-
(1) PROHIBITION ON MARKETING CHILDREN- An international marriage
broker shall not provide any individual or entity with the personal
contact information, photograph, or general information about the
background or interests of any individual under the age of 18.
(2) REQUIREMENTS OF INTERNATIONAL MARRIAGE BROKERS WITH RESPECT TO
MANDATORY COLLECTION OF BACKGROUND INFORMATION-
(A) IN GENERAL-
(i) SEARCH OF SEX OFFENDER PUBLIC REGISTRIES- Each international
marriage broker shall search the National Sex Offender Public
Registry or State sex offender public registry, as required under
paragraph (3)(A)(i).
(ii) COLLECTION OF BACKGROUND INFORMATION- Each international
marriage broker shall also collect the background information listed
in subparagraph (B) about the United States client to whom the
personal contact information of a foreign national client would be
provided.
(B) BACKGROUND INFORMATION- The international marriage broker shall
collect a certification signed (in written, electronic, or other
form) by the United States client accompanied by documentation or an
attestation of the following background information about the United
States client:
(i) Any temporary or permanent civil protection order or restraining
order issued against the United States client.
(ii) Any Federal, State, or local arrest or conviction of the United
States client for homicide, murder, manslaughter, assault, battery,
domestic violence, rape, sexual assault, abusive sexual contact,
sexual exploitation, incest, child abuse or neglect, torture,
trafficking, peonage, holding hostage, involuntary servitude, slave
trade, kidnapping, abduction, unlawful criminal restraint, false
imprisonment, or stalking.
(iii) Any Federal, State, or local arrest or conviction of the
United States client for--
(I) solely, principally, or incidentally engaging in prostitution;
(II) a direct or indirect attempt to procure prostitutes or persons
for the purpose of prostitution; or (III) receiving, in whole or in
part, of the proceeds of prostitution.
(iv) Any Federal, State, or local arrest or conviction of the United
States client for offenses related to controlled substances or
alcohol.
(v) Marital history of the United States client, including whether
the client is currently married, whether the client has previously
been married and how many times, how previous marriages of the
client were terminated and the date of termination, and whether the
client has previously sponsored an alien to whom the client was
engaged or married.
(vi) The ages of any of the United States client's children who are
under the age of 18.
(vii) All States and countries in which the United States client has
resided since the client was 18 years of age.
(3) OBLIGATION OF INTERNATIONAL MARRIAGE BROKERS WITH RESPECT TO
INFORMED CONSENT-
(A) LIMITATION ON SHARING INFORMATION ABOUT FOREIGN NATIONAL
CLIENTS- An international marriage broker shall not provide any
United States client or representative with the personal contact
information of any foreign national client unless and until the
international marriage broker has--
(i) performed a search of the National Sex Offender Public Registry,
or of the relevant State sex offender public registry for any State
not yet participating in the National Sex Offender Public Registry
in which the United States client has resided during the previous 20
years, for information regarding the United States client;
(ii) collected background information about the United States client
required under paragraph (2);
(iii) provided to the foreign national client--
(I) in the foreign national client's primary language, a copy of any
records retrieved from the search required under paragraph (2)(A)(i)
or documentation confirming that such search retrieved no records;
(II) in the foreign national client's primary language, a copy of
the background information collected by the international marriage
broker under paragraph (2)(B); and
(III) in the foreign national client's primary language (or in
English or other appropriate language if there is no translation
available into the client's primary language), the pamphlet
developed under subsection (a)(1); and
(iv) received from the foreign national client a signed, written
consent, in the foreign national client's primary language, to
release the foreign national client's personal contact information
to the specific United States client.
(B) CONFIDENTIALITY- In fulfilling the requirements of this
paragraph, an international marriage broker shall disclose the
relationship of the United States client to individuals who were
issued a protection order or restraining order as described in
clause (i) of paragraph (2)(B), or of any other victims of crimes as
described in clauses (ii) through (iv) of such paragraph, but shall
not disclose the name or location information of such individuals.
(C) PENALTY FOR MISUSE OF INFORMATION- A person who knowingly
discloses, uses, or causes to be used any information obtained by an
international marriage broker as a result of the obligations imposed
on it under paragraph (2) and this paragraph for any purpose other
than the disclosures required under this paragraph shall be fined in
accordance with title 18, United States Code, or imprisoned not more
than 1 year, or both.
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