Page:United States Statutes at Large Volume 122.djvu/421

 12 2 STA T .398PUBLIC LA W 11 0– 181 —J A N .28, 2008 201(d), 202( a ), or 20 3 ( b )( 4 )o ftheIm m ig ratio n and N ationa l it yAc t( 8U.S . C .11 5 1(d), 1152(a), and 1153(b)(4)). (3) C AR R YFO R W AR D . — (A) FISC A L Y E ARS O N E TH RO UG H FOUR.—If the n u mer - ical limitation sp ecified in paragraph (1) is not reached during a gi v en fiscal year referred to in such paragraph ( w ith respect to fiscal years one through four), the numer- ical limitation specified in such paragraph for the following fiscal year shall be increased by a number e q ual to the difference between— (i) the numerical limitation specified in paragraph (1) for the given fiscal year and (ii) the number of principal aliens provided special immigrant status under this section during the given fiscal year. ( B ) FISCAL YEARS FI V EANDSI X .—If the numerical limitation specified in paragraph (1) is not reached in the fifth fiscal year beginning after the date of the enactment of this Act, the total number of principal aliens who may be provided special immigrant status under this section for the si x th fiscal year beginning after such date shall be equal to the difference between— (i) the numerical limitation specified in paragraph (1) for the fifth fiscal year; and (ii) the number of principal aliens provided such status under this section during the fifth fiscal year. (d) V ISA AND P ASS P ORT ISSUANCE AND FEES.—Neither the Sec- retary of State nor the Secretary of H omeland Security may charge an alien described in subsection (b) any fee in connection with an application for, or issuance of, a special immigrant visa. T he Secretary of State shall ma k e a reasonable effort to ensure that aliens described in this section who are issued special immigrant visas are provided with the appropriate series Iraqi passport nec- essary to enter the United States. (e) PROTECTION OF ALIENS.—The Secretary of State, in consulta- tion with the heads of other relevant Federal agencies, shall make a reasonable effort to provide an alien described in this section who is applying for a special immigrant visa with protection or the immediate removal from Iraq, if possible, of such alien if the Secretary determines after consultation that such alien is in imminent danger. (f) E LIGI B ILITY FOR AD M ISSION UNDER O THER CLASSIFICATION.— No alien shall be denied the opportunity to apply for admission under this section solely because such alien qualifies as an imme- diate relative or is eligible for any other immigrant classification. (g) R ESETTLEMENT SUPPORT.—Iraqi aliens granted special immigrant status described in section 101(a)(2 7 ) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)) shall be eligible for resettlement assistance, entitlement programs, and other benefits available to refugees admitted under section 207 of such Act (8 U.S.C. 1157) for a period not to exceed eight months. (h) RULE OF CONSTRUCTION.—Nothing in this section may be construed to affect the authority of the Secretary of Homeland Security under section 105 9 of the National D efense Authori z ation Act for Fiscal Y ear 200 6.

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