Page:United States Statutes at Large Volume 104 Part 6.djvu/685

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PUBLIC LAW 101-649—NOV. 29, 1990 104 STAT. 5075 "(9) MISCELLANEOUS. — "(A) PRACTICING POLYGAMISTS. — Any immigrant who is coming to the United States to practice polygamy is excludable. "(B) GUARDIAN REQUIRED TO ACCOMPANY EXCLUDED AUEN. —Any alien accompanying another alien ordered to be excluded and deported and certified to be helpless from sickness or mental or physical disability or infancy pursuant to section 237(e), whose protection or guardianship is required by the alien ordered excluded and deported, is excludable. "(C) INTERNATIONAL CHILD ABDUCTION.— "(i) IN GENERAL.— Except as provided in clause (ii), any alien who, after entry of a court order granting custody to a citizen of the United States of a child having a lawful claim to United States citizenship, detains, retains, or withholds custody of the child outside the United States from the United States citizen granted custody, is excludable until the child is surrendered to such United States citizen. " (ii) EXCEPTION.—Clause (i) shall not apply to an alien who is a national of a foreign state that is a signatory to the Hague Convention on the Civil Aspects of International Child Abduction.". (b) NOTICE OF GROUNDS FOR EXCLUSION.— Such section is amended 8 USC 1182. by striking subsection (b) and inserting the following new subsection: "(b) NOTICES OF DENIALS. — If an alien's application for a visa, for admission to the United States, or for adjustment of status is denied by an immigration or consular officer because the officer determines the alien to be excludable under subsection (a), the officer shall provide the alien with a timely written notice that— "(1) states the determination, and "(2) lists the specific provision or provisions of law under which the alien is excludable or ineligible for entry or adjustment of status.". (c) REVIEW OF EXCLUSION LISTS.— The Attorney General and the 8 USC 1182 note. Secretary of State shall develop protocols and guidelines for updating lookout books and the automated visa lookout system and similar mechanisms for the screening of aliens applying for visas for admission, or for admission, to the United States. Such protocols and guidelines shall be developed in a manner that ensures that in the case of an alien— (1) whose name is in such system, and (2) who either (A) applies for entry after the effective date of the amendments made by this section, or (B) requests (in writing to a local consular office after such date) a review, without seeking admission, of the alien's continued excludability under the Immigration and Nationality Act, if the alien is no longer excludable because of an amendment made by this section the alien's name shall be removed from such books and system and the alien shall be informed of such removal and if the alien continues to be excludable the alien shall be informed of such determination. (d) CONFORMING AMENDMENTS TO SECTION 212.— (1) Subsection (c) of section 212 (8 U.S.C. 1182) is amended by striking "paragraph (1) through (25) and paragraphs (30) and