Page:United States Statutes at Large Volume 114 Part 2.djvu/742

 114 STAT. 1478 PUBLIC LAW 106-386 —OCT. 28, 2000 "(11) is physically present in the United States, American Samoa, or the Commonwealth of the Northern Mariana Islands, or at a port of entry thereto, on accoiuit of such trafficking, "(III)(aa) has complied with any reasonable request for assistance in the investigation or prosecution of acts of trafficking, or "(bb) has not attained 15 years of age, and "(IV) the alien would suffer extreme hardship involving unusual and severe harm upon removal; and "(ii) if the Attorney General considers it necessary to avoid extreme hardship— "(I) in the case of an alien described in clause (i) who is under 21 years of age, the spouse, children, and parents of such alien; and "(II) in the case of an alien described in clause (i) who is 21 years of age or older, the spouse and children of such alien, if accompan3n[ng, or following to join, the alien described in clause (i).". (2) CONDITIONS OF NONIMMIGRANT STATUS.—Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184) is amended— (A) by redesignating the subsection (1) added by section 625(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 3009-1820) as subsection (m); and (B) by adding at the end the following: "(n)(l) No alien shall be eligible for admission to the United States under section 101(a)(15)(T) if there is substantial reason to believe that the alien has committed an act of a severe form of trafficking in persons (as defined in section 103 of the Trafficking Victims Protection Act of 2000). "(2) The total number of aliens who may be issued visas or otherwise provided nonimmigrsmt status during any fiscal year under section 101(a)(15)(T) may not exceed 5,000. "(3) The numerical limitation of paragraph (2) shall only apply to principal aliens and not to the spouses, sons, daughters, or parents of such aliens.". (3) WAIVER OF GROUNDS FOR INELIGIBILITY FOR ADMIS- SlON.Section 212(d) of the Immigration and Nationality Act (8 U.S.C. 1182(d)) is amended by adding at the end the following: "(13)(A) The Attorney General shall determine whether a ground for inadmissibility exists with respect to a nonimmigrant described in section 101(a)(15)(T). "(B) In addition to any other waiver that may be available under this section, in the case of a nonimmigrant described in section 101(a)(15)(T), if the Attorney General considers it to be in the national interest to do so, the Attorney General, in the Attorney General's discretion, may waive the application of— "(i) paragraphs (1) and (4) of subsection (a); and "(ii) any other provision of such subsection (excluding paragraphs (3), (10)(C), and (10(E)) if the activities rendering the alien inadmissible under the provision were caused by, or were incident to, the victimization described in section 101(a)(15)(T)(i)(I).".

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