\ publaw \ Pub. L. 109-163 National Defense Authorization Act for Fiscal Year 2006
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Pub. L. 109-163
National Defense Authorization Act for Fiscal Year 2006
To authorize appropriations for fiscal year 2006 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
This Public Law has been modified on I-LINK to only include
which pertains to special immigrant status for persons serving as translators with the United States armed forces.
This Act may be cited as the ``National Defense Authorization Act for Fiscal Year 2006''.
Special Immigrant Status for Persons Serving as Translators with United States Armed Forces
(a) In General.--For purposes of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), subject to subsection (c)(1), the Secretary of Homeland Security may provide an alien described in subsection (b) with the status of a special immigrant under section 101(a)(27) of such Act (8 U.S.C. 1101(a)(27)), if the alien—
(1) files with the Secretary of Homeland Security a petition under section 204 of such Act (8 U.S.C. 1154) for classification under section 203(b)(4) of such Act (8 U.S.C. 1153(b)(4)); and
(2) is otherwise eligible to receive an immigrant visa and is otherwise admissible to the United States for permanent residence, except in determining such admissibility, the grounds for inadmissibility specified in section 212(a)(4) of such Act (8 U.S.C. 1182(a)(4)) shall not apply.
(1) Principal aliens.--An alien is described in this subsection if the alien—
is a national of Iraq or Afghanistan;
(B) worked directly with United States Armed Forces as a translator for a period of at least 12 months;
(C) obtained a favorable written recommendation from a general or flag officer in the chain of command of the United States Armed Forces unit that was supported by the alien; and
(D) before filing the petition described in subsection (a)(1), cleared a background check and
screening, as determined by a general or flag officer in the chain of command of the United States Armed Forces unit that was supported by the alien.
(2) Spouses and children.--An alien is described in this subsection if the alien is the spouse or child of a principal alien described in paragraph (1), and is following or accompanying to join the principal alien.
(c) Numerical Limitations.--
(1) In general.--The total number of principal aliens who may be provided special immigrant status under this section during any fiscal year shall not exceed 50.
(2) Counting against special immigrant cap.--For purposes of the application of sections 201 through 203 of the Immigration and Nationality Act (8 U.S.C. 1151-1153) in any fiscal year, aliens eligible to be provided status under this section shall be treated as special immigrants described in section 101(a)(27) of such Act (8 U.S.C. 1101(a)(27)) who are not described in subparagraph (A), (B), (C), or (K) of such section.
(d) Application of Immigration and Nationality Act Provisions.--The definitions in subsections (a) and (b) of section 101 of the Immigration and Nationality Act (8 U.S.C. 1101) shall apply in the administration of this section.