Page:United States Statutes at Large Volume 122.djvu/5083

 12 2 STA T .506 0 PUBLIC LA W 110 –4 5 7—DE C.2 3, 200 8with th eUn ite dS t a te sobl i g ations u nde r the V ienna C on v ention on D i p lo m ati cR elations , done at Vienna, A pril 18 ,1 96 1, (23 U . S. T . 3229 ) , with an y investigation by United States law en f orcement authorities of crimes related to abuse or e x ploitation of a non - immigrant holding an A – 3visaora G – 5 visa. (f) D EFIN I T I O N S . —I n this section

(1) A–3 V IS A .—The term ‘ ‘A–3 visa ’ ’ means a nonimmigrant visa issued pursuant to section 1 0 1(a)(15)(A)(iii) of the Immigra- tion and N ationality Act (8 U.S.C. 1101(a)(15)(A)(iii)). (2) G–5 VISA.—The term ‘‘G–5 visa’’ means a nonimmigrant visa issued pursuant to section 101(a)(15)(G)(v) of the Immigra- tion and Nationality Act (8 U.S.C. 1101(a)(15)(G)(v)). (3) SE CR ETAR Y .—The term ‘‘Secretary’’ means the Secretary of State. ( 4 )A P PROPRIATE CON G RESSIONA L CO M MITTEES.—The term ‘‘appropriate congressional committees’’ means— (A) the Committee on F oreign Affairs and the Com- mittee on the J udiciary of the H ouse of Representatives and ( B ) the Committee on Foreign Relations and the Com- mittee on the Judiciary of the Senate. SEC.204 . R E LI E F F O R CER TA I NV ICTI M S P EN D IN G ACTIONS ON PETI - TIONS AND APPLICATIONS FOR RELIEF. Section 23 7 of the Immigration and Nationality Act (8 U.S.C. 1227) is amended by adding at the end the following: ‘‘(d)(1) If the Secretary of Homeland Security determines that an application for nonimmigrant status under subparagraph (T) or (U) of section 101(a)(15) filed for an alien in the United States sets forth a prima facie case for approval, the Secretary may grant the alien an administrative stay of a final order of removal under section 241(c)(2) until— ‘‘(A) the application for nonimmigrant status under such subparagraph (T) or (U) is approved; or ‘‘(B) there is a final administrative denial of the application for such nonimmigrant status after the exhaustion of adminis- trative appeals. ‘‘(2) The denial of a re q uest for an administrative stay of removal under this subsection shall not preclude the alien from applying for a stay of removal, deferred action, or a continuance or abeyance of removal proceedings under any other provision of the immigration laws of the United States. ‘‘(3) During any period in which the administrative stay of removal is in effect, the alien shall not be removed. ‘‘(4) Nothing in this subsection may be construed to limit the authority of the Secretary of Homeland Security or the Attorney General to grant a stay of removal or deportation in any case not described in this subsection.’’. SEC. 20 5 .E X PANSION OF A U T H ORIT Y TO PERMIT CONTINUED PRES- ENCE IN THE UNITED STATES. (a) EX PANSION OF A U T H ORITY.— (1) IN GENERAL.—Section 107(c)(3) of the Traffic k ing Vic- tims P rotection Act of 2000 (22 U.S.C. 7105(c)(3)) is amended to read as follows: ‘‘(3) AUTHORITY TO PERMIT CONTINUE D PRESENCE IN THE UNITED STATES.— ‘‘(A) TRAFFIC K ING VICTIMS.—

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