
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 8USC1375]

 
                     TITLE 8--ALIENS AND NATIONALITY
 
                 CHAPTER 12--IMMIGRATION AND NATIONALITY
 
                       SUBCHAPTER II--IMMIGRATION
 
                         Part IX--Miscellaneous
 
Sec. 1375. Mail-order bride business


(a) Findings

    The Congress finds as follows:
        (1) There is a substantial ``mail-order bride'' business in the 
    United States. With approximately 200 companies in the United 
    States, an estimated 2,000 to 3,500 men in the United States find 
    wives through mail-order bride catalogs each year. However, there 
    are no official statistics available on the number of mail-order 
    brides entering the United States each year.
        (2) The companies engaged in the mail-order bride business earn 
    substantial profits.
        (3) Although many of these mail-order marriages work out, in 
    many other cases, anecdotal evidence suggests that mail-order brides 
    find themselves in abusive relationships. There is also evidence to 
    suggest that a substantial number of mail-order marriages are 
    fraudulent under United States law.
        (4) Many mail-order brides come to the United States unaware or 
    ignorant of United States immigration law. Mail-order brides who are 
    battered often think that if they flee an abusive marriage, they 
    will be deported. Often the citizen spouse threatens to have them 
    deported if they report the abuse.
        (5) The Immigration and Naturalization Service estimates that 
    the rate of marriage fraud between foreign nationals and United 
    States citizens or aliens lawfully admitted for permanent residence 
    is 8 percent. It is unclear what percentage of these marriage fraud 
    cases originate as mail-order marriages.

(b) Information dissemination

                           (1) Requirement

        Each international matchmaking organization doing business in 
    the United States shall disseminate to recruits, upon recruitment, 
    such immigration and naturalization information as the Immigration 
    and Naturalization Service deems appropriate, in the recruit's 
    native language, including information regarding conditional 
    permanent residence status and the battered spouse waiver under such 
    status, permanent resident status, marriage fraud penalties, the 
    unregulated nature of the business engaged in by such organizations, 
    and the study required under subsection (c) of this section.

                          (2) Civil penalty

        (A) Violation

            Any international matchmaking organization that the Attorney 
        General determines has violated this subsection shall be 
        subject, in addition to any other penalties that may be 
        prescribed by law, to a civil money penalty of not more than 
        $20,000 for each such violation.

        (B) Procedures for imposition of penalty

            Any penalty under subparagraph (A) may be imposed only after 
        notice and opportunity for an agency hearing on the record in 
        accordance with sections 554 through 557 of title 5.

(c) Study

    The Attorney General, in consultation with the Commissioner of 
Immigration and Naturalization and the Director of the Violence Against 
Women Initiative of the Department of Justice, shall conduct a study of 
mail-order marriages to determine, among other things--
        (1) the number of such marriages;
        (2) the extent of marriage fraud in such marriages, including an 
    estimate of the extent of marriage fraud arising from the services 
    provided by international matchmaking organizations;
        (3) the extent to which mail-order spouses utilize section 
    1254a(a)(3) \1\ of this title (providing for suspension of 
    deportation in certain cases involving abuse), or section 
    1154(a)(1)(A)(iii) of this title (providing for certain aliens who 
    have been abused to file a classification petition on their own 
    behalf);
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    \1\ So in original. Probably should be section ``1229b(b)(2)''.
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        (4) the extent of domestic abuse in mail-order marriages; and
        (5) the need for continued or expanded regulation and education 
    to implement the objectives of the Violence Against Women Act of 
    1994 and the Immigration Marriage Fraud Amendments of 1986 with 
    respect to mail-order marriages.

(d) Report

    Not later than 1 year after September 30, 1996, the Attorney General 
shall submit a report to the Committees on the Judiciary of the House of 
Representatives and of the Senate setting forth the results of the study 
conducted under subsection (c) of this section.

(e) Definitions

    As used in this section:

             (1) International matchmaking organization

        (A) In general

            The term ``international matchmaking organization'' means a 
        corporation, partnership, business, or other legal entity, 
        whether or not organized under the laws of the United States or 
        any State, that does business in the United States and for 
        profit offers to United States citizens or aliens lawfully 
        admitted for permanent residence, dating, matrimonial, or social 
        referral services to nonresident noncitizens, by--
                (i) an exchange of names, telephone numbers, addresses, 
            or statistics;
                (ii) selection of photographs; or
                (iii) a social environment provided by the organization 
            in a country other than the United States.

        (B) Exception

            Such term does not include a traditional matchmaking 
        organization of a religious nature that otherwise operates in 
        compliance with the laws of the countries of the recruits of 
        such organization and the laws of the United States.

                             (2) Recruit

        The term ``recruit'' means a noncitizen, nonresident person, 
    recruited by the international matchmaking organization for the 
    purpose of providing dating, matrimonial, or social referral 
    services to United States citizens or aliens lawfully admitted for 
    permanent residence.

(Pub. L. 104-208, div. C, title VI, Sec. 652, Sept. 30, 1996, 110 Stat. 
3009-712.)

                       References in Text

    The Violence Against Women Act of 1994, referred to in subsec. 
(c)(5), is title IV of Pub. L. 103-322, Sept. 13, 1994, 108 Stat. 1902. 
For complete classification of this Act to the Code, see Short Title 
note set out under section 13701 of Title 42, The Public Health and 
Welfare, and Tables.
    The Immigration Marriage Fraud Amendments of 1986, referred to in 
subsec. (c)(5), is Pub. L. 99-639, Nov. 10, 1986, 100 Stat. 3537. For 
complete classification of this Act to the Code, see Short Title of 1986 
Amendments note set out under section 1101 of this title and Tables.

                          Codification

    Section was enacted as part of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996, and also as part of the Omnibus 
Consolidated Appropriations Act, 1997, and not as part of the 
Immigration and Nationality Act which comprises this chapter.
