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International Marriage Broker Act of 2006
NOTE: This law is not applicable to US clients and foreign nationals that met either electronically, by post, or telephone prior to March 6, 2006
The “International Marriage Broker Act of 2005”, part of Congressional bill H.R. 3402, was signed into law Jan. 6, 2006 and becomes effective March 6, 2006.
Based on our client’s many questions and to avoid misunderstandings, Oksanalove has decided to explain in simpler terms what the “International Marriage Broker Act” is about, and how it impacts American citizens seeking marriage to a foreign nationals of any country. In particular we have addressed portions of the Act that directly affect Oksanalove, Inc.’s release of client contact information and Fiance Visa related issues.
REASON FOR THE LAWS PROPOSAL:
To address, identify, and reduce cases of domestic violence committed by US citizens against foreign citizens that have immigrated, or are in the process of immigrating to the USA.
EXCERPTS FROM THE BILL ITSELF:
This Act may be cited as the ‘‘Violence Against Women and Department of Justice Reauthorization Act of 2005’’.
LIMITATION ON SHARING INFORMATION ABOUT FOREIGN NATIONAL CLIENTS (FEMALE CLIENTS):
“An international marriage broker shall not provide any United States client or representative with the personal contact information of any foreign national client unless and until the international marriage broker has”:
1. Performed a search of the National Sex Offender Public Registry, or of the relevant State sex offender public registry for any State not yet participating in the National Sex Offender Public Registry in which the United States client has resided during the previous 20 years, for information regarding the United States client
2. Collected background information about the United States client; provided to the foreign national client in the foreign national client’s primary language, a copy of any records retrieved from the search required or documentation confirming that such search retrieved no records;
3. In the foreign national client’s primary language, a copy of the background information collected by the international marriage broker; and in the foreign national client’s primary language (or in English or other appropriate language if there is no translation available into the client’s primary language), the information pamphlet (see the “informative pamphlet explanation below).
4. Received from the foreign national client a signed, written consent, in the foreign national client’s primary language, to release the foreign national client’s personal contact information to the specific United States client.
5. FEDERAL CIVIL PENALTY—An international marriage broker that violates (or attempts to violate) is subject to a civil penalty of not less than $5,000 and not more than $25,000 for each such violation.
6. FEDERAL CRIMINAL PENALTY.—In circumstances in or affecting interstate or foreign commerce, an international marriage broker that, within the special maritime and territorial jurisdiction of the United States, violates (or attempts to violate) shall be fined in accordance with title 18, United States Code, or imprisoned for not more than 5 years, or both.
CHANGES IN PROFILE AND REGISTRATION PROCEDURES TO ACHIEVE AND MAINTAIN COMPLIANCE WITH THIS LAW BY
Dating agency www.OKSANALOVE.COM
Based on this new law, Oksanalove, Inc. as an IMB (International Marriage Broker) will need to obtain additional information from US clients regarding the topics listed below:
1. Information on criminal convictions, including certain misdemeanors
2. Previous K visa applications submitted by our US clients
3. Information on any criminal convictions such as: Domestic violence, sexual assault, child abuse, stalking, sexual exploitation, abusive sexual contact, kidnapping / abduction, homicide / murder, manslaughter, rape, torture, trafficking in a slave trade, holding hostage, and unlawful criminal restraint. At least three convictions for crimes relating to a controlled substance or alcohol require us to investigate also.
4. Under this new law, OKSANALOVE Dating agency is required as of March 6th of 2006 will start checking every US client for marital history and domestic violence or other violent criminal history. Oksanalove Dating agency will notify clients that are foreign nationals (female clients) with background information on US clients resulting from the mandatory queries of Federal and State public registries for sex offenders and collected from United States clients.
5. Oksanalove - the international marriage broker will collect a certification signed (in written, electronic, or other form) by the United States client accompanied by documentation or an attestation of the following background information about the United States client:
Any temporary or permanent civil protection order or restraining order issued against the United
States client; Any Federal, State, or local arrest or conviction of the United States client for homicide, murder, manslaughter, assault, battery, domestic violence, rape, sexual assault, abusive sexual contact, sexual exploitation, incest, child abuse or neglect, torture, trafficking, peonage, holding hostage, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, false imprisonment, or stalking. Any Federal, State, or local arrest or conviction of the United States client for solely, principally, or incidentally engaging in prostitution; a direct or indirect attempt to procure prostitutes or persons for the purpose of prostitution; receiving, in whole or in part, of the proceeds of prostitution.
Any Federal, State, or local arrest or conviction of the United States client for offenses related to controlled
substances or alcohol; marital history of the United States client, including whether the client is currently married, whether the client has previously been married and how many times, how previous marriages of the client were terminated and the date of termination, and whether the client has previously sponsored an alien to whom the client was engaged or married.
The ages of any of the United States client’s children who are under the age of 18, and all states and countries in which the United States client has resided since the client was 18 years of age.
CHANGES IN SERVICE PROVIDING TO OUR FEMALE CLIENTS AT OKSANALOVE.COM
1. Under this new law, we have to provide our female clients the results of domestic violence checks on US male clients before we can release ANY direct contact information of female clients to the US male clients.
2. Oksanalove will provide an informative pamphlet to female clients (see section Informative pamphlet below) once it has been officially released by US Government.
3. SEARCH OF PUBLIC SEX OFFENDER REGISTRIES: Each international marriage broker shall search the National Sex Offender Public Registry or State sex offender public registry, as required under paragraph
4. COLLECTION OF BACKGROUND INFORMATION: Each international marriage broker shall also collect the background information about the United States client to whom the personal contact information of a foreign national client would be provided.
CONSULAR REGULATIONS FOR K VISA APPLICANTS:
1. The Consulate or Embassy of US will verify that the petitioner has not, previous to the pending petition:
2. have two or more applications submitted before for aliens
3. If the petitioner has had a petition submitted previously and it was approved, 2 years must have elapsed since the filing of such previously approved petition. The Secretary of Homeland Security may, in the Secretary’s discretion, waive the limitations if justification exists for such a waiver. Except in extraordinary circumstances, such a waiver shall not be granted if the petitioner has a record of violent criminal offenses against a person or persons.
4. The Consulate has to provide a foreign woman with the US Government issued information pamphlet (see section below for information pamphlet). The pamphlet will be mailed by the Secretary of State to each applicant for a K nonimmigrant visa at the same time that the instruction packet regarding the visa application process is mailed to said applicant. The pamphlet so mailed shall be in the primary language of the applicant or in English if no translation into the applicant’s primary language is available.
REASONS FOR WAIVING THE LIMITATIONS AND OR EXCEPTIONS:
1. the petitioner was acting in self-defense;
2. the petitioner was found to have violated a protection order intended to protect the petitioner;
3. the petitioner committed, was arrested for, was convicted of, or pled guilty to committing a crime that did NOT result in serious bodily injury or subjected another individual to extreme cruelty.
In acting on applications under this subparagraph, the Secretary of Homeland Security shall consider any credible evidence relevant to the application. The determination of what evidence is credible and the weight to be given that evidence shall be within the sole discretion of the Secretary.
A MULTIPLE K (FIANCEE OR WIFE) VISA PETITIONS TRACKING DATABASE
The Secretary of Homeland Security will create a database for the purpose of tracking multiple visa petitions filed. Upon approval of a second visa petition for a fiance´ (e) or spouse filed by the same United
States citizen petitioner, the petitioner will be notified by the Secretary that information concerning the petitioner has been entered into the multiple visa petitions tracking database. All subsequent
fiancée´ (e) or spouse nonimmigrant visa petitions filed by that petitioner will be entered in the database.
Once a petitioner has had two finance´ (e) or spousal petitions approved if a subsequent petition is filed under such section less than 10 years after the date the first visa petition was filed, the Secretary of Homeland Security shall notify both the petitioner and beneficiary of any such subsequent petition about
the number of previously approved fiancée´ (e) or spousal petitions listed in the database.
A copy of the information and resources pamphlet on domestic violence will be mailed to the beneficiary along with the notification required.
VISA INTERVIEWS AT THE CONSULATE / US EMBASSY IN YOUR WOMAN’S COUNTRY
1. During an interview with an applicant for a K nonimmigrant visa, consular officers shall provide information, in the primary language of the visa applicant, on protection orders or criminal convictions collected on applicant.
2. provide a copy of the pamphlet developed in English or another appropriate language and provide an oral summary, in the primary language of the visa applicant, of that pamphlet
3. ask the applicant, in the primary language of the applicant, whether an international marriage broker has facilitated the relationship between the applicant and the United States petitioner, and, if so, obtain the identity of the international marriage broker from the applicant and confirm that the international marriage broker provided to the applicant the information and materials required
INFORMATIONAL PAMPHLET FOR FOREIGN WOMEN
There will be a pamphlet developed for foreign women that has to be provided by International marriage brokers to them.
The Secretary of Homeland Security, in consultation with the Attorney General and the Secretary of
State, will develop an information pamphlet on legal rights and resources for immigrant victims of domestic violence and distribute and make such pamphlet available.
The information pamphlet will include information on the following:
1. The K nonimmigrant visa application process and the marriage-based immigration process, including conditional residence and adjustment of status.
2. The illegality of domestic violence, sexual assault, and child abuse in the United States and the dynamics of domestic violence.
3. Domestic violence and sexual assault services in the United States, including the National Domestic Violence Hotline and the National Sexual Assault Hotline.
4. The legal rights of immigrant victims of abuse and other crimes in immigration, criminal justice, family law, and other matters, including access to protection orders.
5. The obligations of parents to provide child support for children.
6. Marriage fraud under United States immigration laws and the penalties for committing such fraud.
7. A warning concerning the potential use of K nonimmigrant visas by United States citizens who have a history of committing domestic violence, sexual assault, child abuse, or other crimes and an explanation that such acts may not have resulted in a criminal record for such a citizen.
8. In order to best serve the language groups having the greatest concentration of K nonimmigrant visa applicants, the information pamphlet will be translated by the Secretary of State into foreign languages, including Russian, Spanish, Tagalog, Vietnamese, Chinese, Ukrainian, Thai, Korean, Polish, Japanese, French, Arabic, Portuguese, Hindi, and such other languages as the Secretary of State, in the Secretary’s discretion, may specify.
1. In fulfilling the requirements, an international marriage broker shall disclose the relationship of the United States client to individuals who were issued a protection order or restraining order or of any other victims of crimes as described, but shall not disclose the name or location information of such individuals.
2. PENALTY FOR MISUSE OF INFORMATION.—A person who knowingly discloses, uses, or causes to be used any information obtained by an international marriage broker as a result of the obligations for any purpose shall be fined not more than 1 year, or both. These penalties are in addition to any other civil or criminal liability under Federal or State law which a person may be subject to for the misuse of that information, including threatening, intimidating, or harassing any individual.
TERMS AND DEFINITIONS
1. International marriage broker - a corporation, partnership, business, individual, or other legal entity, whether or not organized under any law of the United States, that charges fees for providing dating, matrimonial, matchmaking services, or social referrals between United States citizens or nationals or aliens lawfully admitted to the United States as permanent residents and foreign national clients by providing personal contact information or otherwise facilitating communication between individuals.
2. K NONIMMIGRANT VISA.— a nonimmigrant visa of the Immigration and Nationality Act
3. PERSONAL CONTACT INFORMATION.— information, or a forum to obtain such information, that would permit individuals to contact each other, including— the name or residential, postal, electronic mail, or instant message address of an individual; the telephone, pager, cell phone, or fax number, or voice message mailbox of an individual; or the provision of an opportunity for an in-person meeting. EXCEPTION.—such term does not include a photograph or general information about the background or interests of a person.
4. REPRESENTATIVE.— with respect to an international marriage broker, the person or entity acting on behalf of such broker. Such a representative may be a recruiter, agent, independent contractor, or other international marriage broker or other person conveying information about or to a United States client or foreign national client, whether or not the person or entity receives remuneration.
5. STATE — includes the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands.
6. UNITED STATES.— when used in a geographic sense, includes all the States.
7. UNITED STATES CLIENT.—means a United States citizen or other individual who resides in the United States and who utilizes the services of an international marriage broker, if a payment is made or a debt is incurred to utilize such services.
8. FOREIGN NATIONAL CLIENT.— a person who is not a United States citizen or national or an alien lawfully admitted to the United States for permanent residence and who utilizes the services of an international marriage broker. Such term includes an alien residing in the United States who is in the United States as a result of utilizing the services of an international marriage broker and any alien recruited by an international marriage broker or representative of such broker.