H.R.52 - Save America Comprehensive Immigration Act of 2015 has a provision that amends the Adam Walsh Act making certain provisions discretionary. Below is added to 8 USC 1154 (Yes very complicated).
Folks can review the NEW provisions below:
SEC. 402. DISCRETIONARY AUTHORITY TO DENY FAMILY-SPONSORED
CLASSIFICATION PETITION BY PETITIONER LISTED ON NATIONAL
SEX OFFENDER REGISTRY.
Section 204 (8 U.S.C. 1154) is amended by adding at the end the
following:
``(m) Authority To Deny Family-Based Petition by Petitioner Listed
on National Sex Offender Registry.--
``(1) In general.--The Secretary Homeland Security may, in
the discretion of the Secretary, deny a petition under
subsection (a) for classification of a spouse or child if--
``(A) the Secretary has confirmed that the
petitioner is on the national sex offender registry
maintained by the Federal Bureau of Investigation for a
conviction that individually (disregarding any
aggregation due to any other conviction) resulted in
incarceration for more than 1 year;
``(B) the petitioner has been given at least 90
days to establish that the petitioner is not the person
named on the registry or that the conviction did not
result in incarceration for more than 1 year and has
failed to establish such fact; and
``(C) the Secretary finds that granting the
petition would put a primary or derivative spouse or
child beneficiary in grave danger of being sexually
abused.
``(2) Determining danger.--In making the determination
under paragraph (1)(C), the Secretary shall use the following
principles:
``(A) Nature of the relationship.--In evaluating a
petitioner who has filed a petition for a spouse,
consideration should be given to indications of how
well the petitioner and the spouse know each other.
Petitions filed on the basis of marriages between men
and women who have had little direct, personal contact
with each other should be viewed with suspicion. In
cases where the petitioner and the spouse have had
little direct, personal contact with each other,
evidence should be submitted to establish that they
have gotten to know each other in some other way.
``(B) Nature of the sex offense.--Consideration
should be given to when each offense occurred for which
the petitioner was incarcerated for more than a year,
how serious it was, the sentence that was imposed, how
long the petitioner was incarcerated, the age of the
petitioner when it was committed, and the
characteristics of the victim.
``(C) Rehabilitation.--Evidence of rehabilitation
should be evaluated with respect to whether it
diminishes the risk of sexual abuse to the primary or
derivative spouse or child beneficiaries.
``(D) Previous visa petitions.--The records for any
previous petitions shall be examined to determine
whether they provide or might lead to evidence that is
pertinent to determining whether granting the petition
would put a primary or derivative spouse or child
beneficiary in grave danger of being sexually abused.
``(3) Rebuttal.--If the Secretary intends to deny a
petition under paragraph (1), the Secretary shall provide the
petitioner with a notice that states the reasons for the
intended denial and provides the petitioner with at least 90
days to submit rebuttal evidence. Rebuttal should focus
primarily on the factors that led the Secretary to believe that
granting the petition would put a primary or derivative spouse
or child beneficiary in grave danger of being sexually abused.
``(4) Post-denial remedies.--
``(A) Appeal.--All final denials under paragraph
(1) may be appealed to the Board of Immigration
Appeals.
``(B) New petition.--The petitioner may file a new
petition whenever the petitioner has additional
evidence that the petitioner believes might be
sufficient to warrant granting the new petition.
``(5) Disclosure by the secretary of homeland security to
beneficiaries.--In all cases in which it has been confirmed
that the name of a petitioner under subsection (a) is listed on
the national sex offender registry maintained by the Federal
Bureau of Investigation, and regardless of whether the
Secretary may exercise discretion under paragraph (1), the
Secretary shall give the petitioner at least 90 days to
establish that the petitioner is not the person named on the
registry. If the petitioner fails to establish that the
petitioner is not the person named on the registry within the
time allotted, the Secretary shall provide the beneficiaries
with a written copy of the information on the registry that is
available to the public before making a decision on the
petition. The beneficiary shall be informed that the registry
information is based on available records and may not be
complete.
``(6) Disclosure to department of state.--In all cases in
which it has been confirmed that the name of a petitioner under
subsection (a) is listed on the national sex offender registry
maintained by the Federal Bureau of Investigation, and
regardless of whether the Secretary may exercise discretion
under paragraph (1), the Secretary shall provide the Secretary
of State with--
``(A) a separate document with information about
the record on the national sex offender registry that
is available to the public;
``(B) any additional information it has that raises
concern that a primary or derivative spouse or child
beneficiary may be subject to sexual abuse, including
information from the registry that is not available to
the public; and
``(C) information about any previous petitions
under subsection (a) filed by the petitioner.
``(7) Disclosure by consular officer to beneficiaries.--
When a petition under subsection (a) is granted, if the
petition is filed by a petitioner who has failed to make the
demonstration of mis-identification described in paragraph (5),
the consular officer shall conduct an interview with the
primary or derivative spouse or child beneficiary of the
petition before issuing a visa to the beneficiary. At least
part of the interview must be held without the presence of the
petitioner. During the private part of the interview, the
beneficiary will be given a written copy of the information
about the petitioner from the registry that is available to the
public. This document must be written in the beneficiary's
primary language. The consular officer is required to advise
the beneficiary that approval of the visa petition does not
mean that there are no reasons to be concerned about his or her
safety.
``(8) Additional responsibilities of consular officer.--The
consular officer may return files to the Secretary of Homeland
Security for further consideration in cases where the consular
officer is concerned that granting the visa might put a primary
or derivative spouse or child beneficiary in grave danger of
being sexually abused. When returning a file under the previous
sentence, the consular officer may add any additional
information or observations the officer has that might have a
bearing on whether the visa should be granted, including the
results of any field examination that has been conducted.''.
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