; or (2) in the case of an alien who expresses an intent to file such an application, the date on which any applicable time limitation for the filing of such an application under section 208 of such Act has ended with an application being filed. (b) Affirmative defense If an alien is prosecuted under section 275(a) or 276(a) of the Immigration and Nationality Act ( 8 U.S.C. 1325(a) and 1326(a)) in violation of subsection (a), it shall be a defense that the alien has expressed a credible or reasonable fear of persecution, has filed an application for asylum or another form of protection, and such application has not been finally adjudicated and denied, including any appeals of such denial. (c) Treaty obligations In accordance with the treaty obligations of the United States under Article 31 of the Convention Relating to the Status of Refugees, done at Geneva July 28, 1951 (as made applicable by the Protocol Relating to the Status of Refugees, done at New York January 31, 1967 (19 UST 6223)), an alien who has been granted asylum or withholding of removal under the Immigration and Nationality Act (8 US.C. 1101 et seq.) may not be prosecuted under section 275(a) or 276(a) of that Act ( 8 U.S.C. 1325(a) and 1326(a)). E Refugee resettlement 141. Prioritization of family reunification in refugee resettlement process (a) In general The Secretary of State shall prioritize the cases of persons referred by the United Nations High Commissioner for Refugees, groups of special humanitarian concern to the United States under subsection (a)(1) of section 207 of the Immigration and Nationality Act ( 8 U.S.C. 1157 ), and refugees seeking reunification with relatives living in the United States, regardless of the nationality of such refugees. (b) Regulations (1) In general The Secretary of State, in consultation with the Secretary of Homeland Security, shall promulgate regulations to ensure that an individual seeking admission to the United States as a refugee shall not be excluded from being interviewed for refugee status based