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8 U.S.C. § 5

U.S. CodeFederal
DETERMINATION OF ELIGIBILITY FOR EXEMPTION AND SPECIAL CONSIDERATION.
About This Law
pg_id_7712::119-84
Title
8 — Aliens and Nationality
Chapter
CH12
Release
119-84
Release Date
2026-04-17

Section Text

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“(a) In determining a person’s eligibility for an exemption under section 2 or special consideration under section 3, the Attorney General—“(1) shall review the refugee processing documentation for the person, or, in an appropriate case, for the person and the person’s spouse, to verify that the requirements of section 2 relating to refugee applications and admissions have been satisfied; “(2) shall consider the documentation submitted by the person under section 4; “(3) may request an advisory opinion from the Secretary of Defense regarding the person’s, or their spouse’s, service in a special guerrilla unit, or irregular forces, described in section 2(1)(B); and “(4) may consider any documentation provided by organizations maintaining records with respect to Hmong veterans or their families. “(b) The Secretary of Defense shall provide any opinion requested under paragraph (3) to the extent practicable, and the Attorney General shall take into account any opinion that the Secretary of Defense is able to provide.

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