Page:United States Statutes at Large Volume 118.djvu/3766

 118 STAT. 3736 PUBLIC LAW 108–458—DEC. 17, 2004 except such nationals who possess nationalities of countries that are not designated as state sponsors of terrorism; ‘‘(E) requires a security advisory opinion or other Department of State clearance, unless such alien is— ‘‘(i) within that class of nonimmigrants enumerated in subparagraph (A) or (G) of section 101(a)(15); ‘‘(ii) within the NATO visa category; ‘‘(iii) within that class of nonimmigrants enumer- ated in section 101(a)(15)(C)(iii) (referred to as the ‘C–3 visa’ category); or ‘‘(iv) an alien who qualifies for a diplomatic or official visa, or its equivalent; or ‘‘(F) is identified as a member of a group or sector that the Secretary of State determines— ‘‘(i) poses a substantial risk of submitting inac- curate information in order to obtain a visa; ‘‘(ii) has historically had visa applications denied at a rate that is higher than the average rate of such denials; or ‘‘(iii) poses a security threat to the United States.’’. SEC. 5302. VISA APPLICATION REQUIREMENTS. Section 222(c) of the Immigration and Nationality Act (8 U.S.C. 1202(c)) is amended by inserting ‘‘The alien shall provide complete and accurate information in response to any request for information contained in the application.’’ after the second sentence. SEC. 5303. EFFECTIVE DATE. Notwithstanding section 1086 or any other provision of this Act, sections 5301 and 5302 shall take effect 90 days after the date of enactment of this Act. SEC. 5304. REVOCATION OF VISAS AND OTHER TRAVEL DOCUMENTA- TION. (a) LIMITATION ON REVIEW.—Section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)) is amended by adding at the end the following: ‘‘There shall be no means of judicial review (including review pursuant to section 2241 of title 28, United States Code, or any other habeas corpus provision, and sections 1361 and 1651 of such title) of a revocation under this subsection, except in the context of a removal proceeding if such revocation provides the sole ground for removal under section 237(a)(1)(B).’’. (b) CLASSES OF DEPORTABLE ALIENS.—Section 237(a)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(1)(B)) is amended by striking ‘‘United States is’’ and inserting the following: ‘‘United States, or whose nonimmigrant visa (or other documenta- tion authorizing admission into the United States as a non- immigrant) has been revoked under section 221(i), is’’. (c) REVOCATION OF PETITIONS.—Section 205 of the Immigration and Nationality Act (8 U.S.C. 1155) is amended— (1) by striking ‘‘Attorney General’’ and inserting ‘‘Secretary of Homeland Security’’; and (2) by striking the final two sentences. (d) EFFECTIVE DATE.—The amendments made by this section shall take effect on the date of enactment of this Act and shall apply to revocations under sections 205 and 221(i) of the Immigra- tion and Nationality Act (8 U.S.C. 1155, 1201(i)) made before, on, or after such date. 8 USC 1155 note. 8 USC 1202 note. VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00270 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4

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