Prohibition on removal of aliens with pending applications
Title I — Reducing family-based visa backlogs and promoting family reunification
Read this section in the full bill →
This section appears in one version only, so there is nothing to compare yet.
(a) In general Section 235 of the Immigration and Nationality Act (8 U.S.C. 1225) is amended— (1) in the section heading, by inserting; prohibition on removal after hearing; and (2) by adding at the end the following: (e) Prohibition on removal of aliens with certain pending petitions and applications (1) Beneficiaries of petitions for immigrant visas An alien who is the beneficiary (including a spouse or child of the principal alien, if eligible to receive a visa under section 203(d)) of a petition for classification under section 204 that was filed with the Secretary of Homeland Security and who is prima facie eligible for approval may not be removed while such petition or application is pending or a decision on such petition or application is on appeal. (2) Applicants for certain nonimmigrant and special immigrant classifications and cancellation of removal An applicant for classification as a nonimmigrant described in subparagraph (T), (U), or (V) of section 101(a)(15), an applicant for classification as a special immigrant under section 101(a)(27)(J), or an applicant for cancellation of removal under section 240A may not be removed while such application is pending or a decision on such application is on appeal.. (b) Conforming amendment The table of contents at the beginning of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended by striking the item relating to section 235 and inserting the following: Sec. 235. Inspection by immigration officers; expedited removal of inadmissible arriving aliens; referral for hearing; prohibition on removal..