Public Law 110-36

by by the 110th Congress of the United States

110^TH UNITED STATES CONGRESS
1^ST SESSION

An Act
To increase the number of Iraqi and Afghani translators and interpreters who may be admitted
to the United States as special immigrants, and for other purposes.

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Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SPECIAL IMMIGRANT STATUS FOR CERTAIN ALIENS SERVING AS TRANSLATORS OR INTERPRETERS WITH FEDERAL AGENCIES.

(a) Increase in Numbers Admitted.—

Section 1059 of the National Defense Authorization Act for Fiscal Year 2006 (8 U.S.C. 1101 note) is amended—

(1) in subsection (b)(1)—

(A) in subparagraph (B), by striking ``as a translator” and inserting ``, or under Chief of Mission authority, as a translator or interpreter”;

(B) in subparagraph (C), by inserting ``the Chief of Mission or” after ``recommendation from”; and

(C) in subparagraph (D), by inserting ``the Chief of Mission or” after ``as determined by”; and

(2) in subsection (c)(1), by striking ``section during any fiscal year shall not exceed 50.” and inserting the following:

``section—

``(A) during each of the fiscal years 2007 and 2008, shall not exceed 500; and

``(B) during any other fiscal year shall not exceed 50.”.

(b) Aliens Exempt From Employment-Based Numerical Limitations.—

Section 1059(c)(2) of such Act is amended—

(1) by amending the paragraph designation and heading to read as follows:

``(2) Aliens exempt from employment-based numerical limitations.—”; and

(2) by inserting ``and shall not be counted against the numerical limitations under sections 201(d), 202(a), and 203(b)(4) of the Immigration and Nationality Act (8 U.S.C. 1151(d), 1152(a), and 1153(b)(4))” before the period at the end.

(c) Adjustment of Status; Naturalization.—

Section 1059 of such Act is further amended—

(1) by redesignating subsection (d) as subsection (f); and

(2) by inserting after subsection (c) the following:

``(d) Adjustment of Status.—

``Notwithstanding paragraphs (2), (7) and (8) of section 245(c) of the Immigration and Nationality Act (8 U.S.C. 1255(c)), the Secretary of Homeland Security may adjust the status of an alien to that of a lawful permanent resident under section 245(a) of such Act if the alien—

``(1) was paroled or admitted as a nonimmigrant into the United States; and

``(2) is otherwise eligible for special immigrant status under this section and under the Immigration and Nationality Act.

``(e) Naturalization.—

``(1) In general.—

``An absence from the United States described in paragraph (2) shall not be considered to break any period for which continuous residence in the United States is required for naturalization under title III of the Immigration and Nationality Act (8 U.S.C. 1401 et seq.).

``(2) Absence described.—

``An absence described in this paragraph is an absence from the United States due to a person's employment by the Chief of Mission or United States Armed Forces, under contract with the Chief of Mission or United States Armed Forces, or by a firm or corporation under contract with the Chief of Mission or United States Armed Forces, if—

``(A) such employment involved working with the Chief of Mission or United States Armed Forces as a translator or interpreter; and

``(B) the person spent at least a portion of the time outside of the United States working directly with the Chief of Mission or United States Armed Forces as a translator or interpreter in Iraq or Afghanistan.”.

Approved June 15, 2007.

Legislative History

• S. 1104, (H.R. 1790)
• HOUSE REPORTS:
  • No. 110-158 (Comm. on the Judiciary).
• CONGRESSIONAL RECORD, Vol. 153 (2007):
  • Apr. 12, considered and passed Senate.
  • May 22, considered and passed House, amended.
  • May 24, Senate concurred in House amendments.