Waiver of immigrant status presumption

(a) In general The presumption under the first sentence of section 214(b) of the Immigration and Nationality Act (8 U.S.C. 1184(b)) that every alien is an immigrant until the alien establishes that the alien is entitled to nonimmigrant status shall not apply to an alien described in subsection (b). (b) Alien described (1) In general An alien described in this paragraph is an alien who— (A) on January 1, 2023, was a resident of the Xinjiang Special Administrative Region; (B) fled the Xinjiang Special Administrative Region after June 30, 2009, and now resides in a different province of China or third country; (C) is seeking entry to the United States to apply for asylum under section 208 of the Immigration and Nationality Act (8 U.S.C. 1158); and (D) is facing repression in the Xinjiang Uyghur Autonomous Region by the Government of the People’s Republic of China including— (i) forced and arbitrary detention including in internment and so-called re-education camps; (ii) forced political indoctrination, torture, beatings, food deprivation, and denial of religious, cultural, and linguistic freedoms; (iii) forced labor; (iv) forced separation from family members; or (v) other forms of systemic threats, harassment, and gross human rights violations. (2) Exclusion An alien described in this paragraph does not include any alien who— (A) is a citizen or permanent resident of a country other than the People’s Republic of China; or (B) is determined to have committed a gross violation of human rights. (c) Intention To abandon foreign residence The fact that an alien described in this section is or was the beneficiary of an application for refugee status, or is seeking entry to the United States to apply for asylum under section 208 of the Immigration and Nationality Act (8 U.S.C. 1158), shall not constitute evidence of an intention to abandon a foreign residence for purposes of obtaining or maintaining the status of a nonimmigrant described in section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)).