,,ii #aahth ,,congress #b;d ,session ,s4 #ebdg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #be1 #bjbd,mr4 ,murphy introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to amend the ,immigration and ,nationality ,act to provide nonimmigrant visas for cooperating witnesses of certain criminal activity1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,witness ,assistance and ,criminal ,accountability ,act4 #b4 ,protection for cooperating witnesses of certain criminal activity 7a7 ,establishment of a cooperating witness nonimmigrant classification ,section #aja7;a77#ae7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77 is amended-- 7#a7 in subparagraph 7,t77ii77,,iii71 by striking the period at the end and inserting a semicolon2 7#b7 in subparagraph 7,u77iii71 by striking 2 or and inserting a semicolon2 7#c7 in subparagraph 7,v77ii77,,ii71 by striking the period at the end and inserting 2 or2 and 7#d7 by adding at the end the following3 7,w7 7i7 7,i7 subject to section #bad7s71 an alien who files a petition for status under this subparagraph1 if the ,secretary of ,homeland ,security determines that-- 7aa7 the alien 7or in the case of an alien child1 the parent1 guardian1 or next friend of the alien7 is in possession of critical reliable information concerning criminal activity referred to in subparagraph 7,u77iii71 regardless of the location in which such criminal activity occurred2 7bb7 the alien 7or in the case of an alien child1 the parent1 guardian1 or next friend of the alien7-- 7,,aa7 is willing to provide1 is likely to be willing to provide1 or has provided such information to a relevant authority2 or 7,,bb7 cooperated with a relevant authority in a manner that a relevant authority determines to have been critical to the detection1 investigation1 prosecution1 conviction1 or sentencing of such criminal activity2 or 7cc7 the presence of the alien 7or in the case of an alien child1 the presence of the parent1 guardian1 or next friend of the alien7 in the ,united ,states is essential to an authorized criminal detection1 investigation1 prosecution1 conviction1 sentencing1 or the successful prosecution of an individual involved in such criminal activity2 or 7,,ii7 if accompanying1 or following to join1 the alien described in subclause 7,i7-- 7aa7 in the case of an alien described in subclause 7,i7 who is under #ba years of age1 the spouse1 children1 unmarried siblings under #ah years of age on the date on which such alien applied for status under such subclause1 and parents of such alien2 or 7bb7 in the case of an alien described in subclause 7,i7 who is #ba years of age or older1 the spouse and children of such alien2 and 7ii7 in this subparagraph1 the term relevant authority means-- 7,i7 a ,federal1 ,state1 or local law enforcement official2 7,,ii7 a ,federal1 ,state1 or local prosecutor2 7,,iii7 a ,federal1 ,state1 or local judge2 7,,iv7 an employee of the ,department of ,homeland ,security2 and 7,v7 any other ,federal1 ,state1 or local judge or authority who has responsibility for the detection1 investigation1 prosecution1 conviction1 or sentencing of criminal activity4 4 7b7 ,requirements applicable to ,w visas ,section #bad of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7 is amended by adding at the end the following3 7s7 ,requirements applicable to section #aja7;a77#ae77,w7 visas 7#a7 ,petitioning procedures for section #aja7;a77#ae77,w7 visas ,the petition filed by an alien under section #aja7;a77#ae77,w77i77,i7 shall contain a certification from a relevant authority 7as defined in section #aja7;a77#ae77,w77ii774 ,this certification shall state that the alien has been willing1 is being willing1 or is likely to be willing to provide critical reliable information concerning the detection1 investigation1 prosecution1 conviction1 or sentencing of criminal activity described in section #aja7;a77#ae77,u77iii74 7#b7 ,numerical limitations 7,a7 ,in general ,the number of aliens who may be issued visas or otherwise provided status as nonimmigrants under section #aja7;a77#ae77,w7 in any fiscal year shall not exceed #aj1jjj4 7,b7 ,exemption ,the numerical limitations in subparagraph 7,a7 shall not apply to spouses1 children1 or1 in the case of alien children1 the alien parents of such children4 7#c7 ,duties of the ,secretary of ,homeland ,security with respect to ,w visa nonimmigrants ,with respect to a nonimmigrant alien described in section #aja7;a77#ae77,w71 the ,secretary of ,homeland ,security and other government officials shall-- 7,a7 as appropriate1 provide the alien with referrals to nongovernmental organizations to advise the alien regarding their options while in the ,united ,states and the resources available to them2 and 7,b7 provide the alien with employment authorization during the period the alien is in lawful temporary resident status under that section4 7#d7 ,credible evidence considered ,in acting on any petition filed under this subsection1 the consular officer1 the ,secretary of ,homeland ,security shall consider any credible evidence relevant to the petition4 7#e7 ,nonexclusive relief ,nothing in this subsection may be construed to limit the ability of an alien who is eligible or qualifies for status as a nonimmigrant described in section #aja7;a77#ae77,w7 to seek any other immigration benefit or status for which the alien may be eligible4 7#f7 ,duration of status ,the authorized period of status of an alien as a nonimmigrant described in section #aja7;a77#ae77,w7 shall be for a period of not more than #d years1 but shall be extended upon certification from a relevant authority 7as defined in section #aja7;a77#ae77,w77ii77 that the alien's presence in the ,united ,states is required to assist in the detection1 investigation1 prosecution1 conviction1 or sentencing of criminal activity described in section #aja7;a77#ae77,u77iii74 ,the ,secretary of ,homeland ,security is authorized to extend the status of such an alien beyond the #d-year period authorized under this paragraph if the ,secretary determines that an extension of such period is warranted4 ,such an alien's nonimmigrant status shall be extended if the alien has properly filed an application or petition for an immigration benefit or has been granted such a benefit but a visa is not immediately available4 ,the ,secretary of ,homeland ,security may authorize for employment in the ,united ,states any alien who has a pending1 bona fide application for nonimmigrant status under section #aja7;a77#ae77,w74 7#g7 ,age determinations 7,a7 ,children ,an unmarried alien who seeks to accompany1 or follow to join1 a parent granted status as a nonimmigrant described in section #aja7;a77#ae77,w77i77,i71 and who was under #ba years of age on the date on which such parent petitioned for such status1 shall continue to be classified as a child for purposes of section #aja7;a77#ae77,w77i77,,ii71 if the alien attains #ba years of age after such parent's petition was filed but while it was pending4 7,b7 ,principal alien ,an alien described in subclause 7,i7 of section #aja7;a77#ae77,w77i7 shall continue to be treated as an alien described in subclause 7,,ii77aa7 of such section if the alien attains #ba years of age after the alien's application for status under such clause is filed but while it is pending4 4 #c4 ,adjustment of status for cooperating witnesses ,section #bde of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abee7 is amended by adding at the end the following3 7o7 ,witnesses to crimes 7#a7 ,authority to adjust status ,the ,secretary of ,homeland ,security or the ,attorney ,general may adjust the status of an alien admitted into the ,united ,states 7or otherwise provided nonimmigrant status7 under section #aja7;a77#ae77,w7 to that of an alien lawfully admitted for permanent residence if the alien is not described in section #bab7;a77#c77;,e71 unless the ,secretary or ,attorney ,general1 as applicable1 determines based on affirmative evidence that the alien unreasonably refused to provide assistance in a criminal investigation or prosecution1 if-- 7,a7 the alien has been physically present in the ,united ,states for a continuous period of at least #c years since the date of admission as a nonimmigrant under section #aja7;a77#ae77,w72 and 7,b7 in the opinion of the ,secretary or the ,attorney ,general1 as applicable1 the alien's continued presence in the ,united ,states is justified for law enforcement purposes1 on humanitarian grounds1 or to ensure family unity1 or is otherwise in the public interest4 7#b7 ,continuous physical presence ,an alien shall be considered to have failed to maintain continuous physical presence in the ,united ,states under paragraph 7#a77;,a7 if the alien has departed from the ,united ,states for any period in excess of #ij days or for any periods in the aggregate exceeding #ahj days unless-- 7,a7 the absence is in order to assist in the detection1 investigation1 prosecution1 conviction1 or sentencing of criminal activity described in section #aja7;a77#ae77,u77iii72 or 7,b7 an official involved in the investigation or prosecution certifies that the absence was otherwise justified4 7#c7 ,spouses1 children1 and parents ,on approval of adjustment of status under paragraph 7#a7 of an alien described in section #aja7;a77#ae77,w77i71 the ,secretary of ,homeland ,security may adjust the status of or issue an immigrant visa to 7and1 as applicable1 the ,attorney ,general may adjust the status of7 a spouse1 a child1 or1 in the case of an alien child1 a parent who did not receive a nonimmigrant visa under section #aja7;a77#ae77,w77i77,,ii71 if the ,secretary of ,homeland ,security 7or ,attorney ,general7 considers the grant of such status or visa necessary to avoid extreme hardship4 7#d7 ,record of admission ,on the approval of adjustment of status under paragraph 7#a7 or 7#c71 the ,secretary of ,homeland ,security or the ,attorney ,general1 as applicable1 shall record the alien's lawful admission for permanent residence as of the date of such approval4 7#e7 ,consultation 7,a7 ,in general ,the ,secretary of ,homeland ,security shall consult with the ,attorney ,general1 as appropriate1 in making a determination under paragraph 7#a7 whether affirmative evidence demonstrates that the alien unreasonably refused to provide assistance to a ,federal law enforcement official1 ,federal prosecutor1 ,federal judge1 or other ,federal authority investigating or prosecuting criminal activity described in section #aja7;a77#ae77,u77iii74 7#f7 ,rule of construction ,nothing in paragraph 7#a77;,b7 may be construed to prevent the ,secretary of ,homeland ,security from consulting with the ,attorney ,general in making a determination whether affirmative evidence demonstrates that the alien unreasonably refused to provide assistance to a ,state or local law enforcement official1 ,state or local prosecutor1 ,state or local judge1 or other ,state or local authority investigating or prosecuting criminal activity described in section #aja7;a77#ae77,u77iii74 4