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SEC. _. ESTABLISHMENT OF Z NONIMMIGRANT CATEGORY.

(a) IN GENERAL."Section 101(a)(15)(Z) of the Immigrationand Nationality Act, as added by section601(b), is amended to read as follows:''(Z) subject to title VI of the Secure Borders, Economic Opportunity and ImmigrationReform Act of 2007, an alien who"''(i)(I) has maintained a continuousphysical presence in the United Statessince the date that is 4 years before thedate of the enactment of the Secure Borders,Economic Opportunity and ImmigrationReform Act of 2007;''(II) is employed, and seeks to continueperforming labor, services, or education;and''(III) the Secretary of Homeland Securitydetermines has sufficient ties to acommunity in the United States, basedon"''(aa) whether the applicant hasimmediate relatives (as defined in section201(b)(2)(A)) residing in theUnited States;.''(bb) the amount of cumulativetime the applicant has lived in theUnited States;''(cc) whether the applicant ownsproperty in the United States;''(dd) whether the applicant ownsa business in the United States;''(ee) the extent to which the applicantknows the English language;''(ff) the applicant's work historyin the United States;''(gg) whether the applicant attendedschool (either primary, secondary,college, post-graduate) in theUnited States;''(hh) the extent to which the applicanthas a history of paying Federaland State income taxes;''(ii) whether the applicant hasbeen convicted of criminal activity inthe United States; and''(jj) whether the applicant hascertifies his or her intention to ultimatelybecome a United States citizen;.''(ii)(I) is the spouse or parent (65years of age or older) of an alien describedin clause (i);''(II) was, during the 2-year periodending on the date on which the SecureBorders, Economic Opportunity and ImmigrationReform Act of 2007 was introducedin the Senate, the spouse of an alienwho was subsequently classified as a Znonimmigrant under this section, or is eligiblefor such classification, if"''(aa) the termination of the relationshipwith such spouse was connectedto domestic violence; and''(bb) the spouse has been batteredor subjected to extreme crueltyby the spouse or parent who is a Znonimmigrant; or''(III) is under 18 years of age at thetime of application for nonimmigrant statusunder this subparagraph and was bornto, or legally adopted by, a parent describedin clause (i).''.

(b) RULEMAKING."Not later than 6 months afterthe date of the enactment of this Act, the Secretary shall.promulgate regulations, in accordance with the proceduresset forth in sections 555, 556, and 557 of title 5, UnitedStates Code, which establish the precise system that theSecretary shall use to make a determination under section101(a)(15)(Z)(ii) of the Immigration and Nationality Act,as added by subsection (a).

(c) ADDITIONAL Z NONIMMIGRANT ELIGIBILITY REQUIREMENTS."

(1) IN GENERAL."Notwithstanding any provisionof section 601(e), an alien is not eligible for Z-or Z-2 nonimmigrant status, or for nonimmigrantstatus under section 101(a)(15)(Z)(iii)(I) of the Immigrationand Nationality Act unless"

(A) the alien was physically present in theUnited States on the date that is 4 years beforethe date of the enactment of this Act and hasmaintained physical presence in the UnitedStates since that date; and

(B) the alien was, on the date that is 4years before the date of the enactment of thisAct, not present in lawful status in the UnitedStates under any classification described in section101(a)(15) of the Immigration and NationalityAct or any other immigration status made.available under a treaty or other multinationalagreement that has been ratified by the Senate.

(2) TREATMENT OF APPLICANTS."Notwithstandingany provision of section 601(h), an alienwho files an application for Z nonimmigrant statusshall submit sufficient evidence that the alien residedin the United States for not less than 4 years beforethe date of the enactment of this Act before receivingany benefit under section 601(h).

(3) APPLICATION."Notwithstanding any provisionof section 602(a)(1), a Z-1 nonimmigrant's applicationfor adjustment of status to that of an alienlawfully admitted for permanent residence may befiled in person with a United States consulate outsidethe United States or with United States Citizenshipand Immigration Services at any location inthe United States designated by the Secretary..

formerfso
2007-06-27 01:06:41

This section says z-visa holders must have been present in the US for 4 years prior to the enactment of this legislation - what happens to those who have been here a shorter period of time?

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cybrsage
2007-06-27 10:16:03

They are not eligable and remain illegal. They will be deported if found. Or rather ignored if found, as the current system does.

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