S 1085 ISCommentsClose CommentsPermalink

To amend the Immigration and Nationality Act to promote family unity, and for other purposes.CommentsClose CommentsPermalink

May 20, 2009CommentsClose CommentsPermalink

Mr. MENENDEZ (for himself, Mrs. GILLIBRAND, Mr. KENNEDY, and Mr. SCHUMER) introduced the following bill; which was read twice and referred to the Committee on the JudiciaryCommentsClose CommentsPermalink

To amend the Immigration and Nationality Act to promote family unity, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Reuniting Families Act’.CommentsClose CommentsPermalink

SEC. 2. RECAPTURE OF IMMIGRANT VISAS LOST TO BUREAUCRATIC DELAY.

(a) Worldwide Level of Family-Sponsored Immigrants- Section 201(c) of the Immigration and Nationality Act (8 U.S.C. 1151(c)) is amended to read as follows:CommentsClose CommentsPermalink





‘(c) Worldwide Level of Family-Sponsored Immigrants-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Subject to subparagraph (B), the worldwide level of family-sponsored immigrants under this subsection for a fiscal year is equal to the sum of--CommentsClose CommentsPermalink





‘(A) 480,000; andCommentsClose CommentsPermalink





‘(B) the sum of--CommentsClose CommentsPermalink





‘(i) the number computed under paragraph (2); andCommentsClose CommentsPermalink





‘(ii) the number computed under paragraph (3).CommentsClose CommentsPermalink





‘(2) UNUSED VISA NUMBERS FROM PREVIOUS FISCAL YEAR- The number computed under this paragraph for a fiscal year is the difference, if any, between--CommentsClose CommentsPermalink





‘(A) the worldwide level of family-sponsored immigrant visas established for the previous fiscal year; andCommentsClose CommentsPermalink





‘(B) the number of visas issued under section 203(a), subject to this subsection, during the previous fiscal year.CommentsClose CommentsPermalink





‘(3) UNUSED VISA NUMBERS FROM FISCAL YEARS 1992 THROUGH 2007- The number computed under this paragraph is the difference, if any, between--CommentsClose CommentsPermalink





‘(A) the difference, if any, between--CommentsClose CommentsPermalink





‘(i) the sum of the worldwide levels of family-sponsored immigrant visas established for fiscal years 1992 through 2007; andCommentsClose CommentsPermalink





‘(ii) the number of visas issued under section 203(a), subject to this subsection, during such fiscal years; andCommentsClose CommentsPermalink





‘(B) the number of unused visas from fiscal years 1992 through 2007 that were issued after fiscal year 2007 under section 203(a), subject to this subsection.’.CommentsClose CommentsPermalink





(b) Worldwide Level of Employment-Based Immigrants- Section 201(d) of the Immigration and Nationality Act (8 U.S.C. 1151(d)) is amended to read as follows:CommentsClose CommentsPermalink





‘(d) Worldwide Level of Employment-Based Immigrants-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The worldwide level of employment-based immigrants under this subsection for a fiscal year is equal to the sum of--CommentsClose CommentsPermalink





‘(A) 140,000;CommentsClose CommentsPermalink





‘(B) the number computed under paragraph (2); andCommentsClose CommentsPermalink





‘(C) the number computed under paragraph (3).CommentsClose CommentsPermalink





‘(2) UNUSED VISA NUMBERS FROM PREVIOUS FISCAL YEAR- The number computed under this paragraph for a fiscal year is the difference, if any, between--CommentsClose CommentsPermalink





‘(A) the worldwide level of employment-based immigrant visas established for the previous fiscal year; andCommentsClose CommentsPermalink





‘(B) the number of visas issued under section 203(b), subject to this subsection, during the previous fiscal year.CommentsClose CommentsPermalink





‘(3) UNUSED VISA NUMBERS FROM FISCAL YEARS 1992 THROUGH 2007- The number computed under this paragraph is the difference, if any, between--CommentsClose CommentsPermalink





‘(A) the difference, if any, between--CommentsClose CommentsPermalink





‘(i) the sum of the worldwide levels of employment-based immigrant visas established for each of fiscal years 1992 through 2007; andCommentsClose CommentsPermalink





‘(ii) the number of visas issued under section 203(b), subject to this subsection, during such fiscal years; andCommentsClose CommentsPermalink





‘(B) the number of unused visas from fiscal years 1992 through 2007 that were issued after fiscal year 2007 under section 203(b), subject to this subsection.’.CommentsClose CommentsPermalink





(c) Effective Date- The amendments made by this section shall take effect on the date which is 60 days after the date of the enactment of this Act.CommentsClose CommentsPermalink

SEC. 3. RECLASSIFICATION OF SPOUSES AND MINOR CHILDREN OF LEGAL PERMANENT RESIDENTS AS IMMEDIATE RELATIVES.

(a) In General- Section 201(b)(2) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(2)) is amended to read as follows:CommentsClose CommentsPermalink





‘(2) IMMEDIATE RELATIVE-CommentsClose CommentsPermalink





‘(A) IN GENERAL-CommentsClose CommentsPermalink





‘(i) IMMEDIATE RELATIVE DEFINED- In this subparagraph, the term ‘immediate relative’ means a child, spouse, or parent of a citizen of the United States or a child or spouse of a lawful permanent resident (and for each family member of a citizen or lawful permanent resident under this subparagraph, such individual’s spouse or child who is accompanying or following to join the individual), except that, in the case of parents, such citizens shall be at least 21 years of age.CommentsClose CommentsPermalink





‘(ii) PREVIOUSLY ISSUED VISA- Aliens admitted under section 211(a) on the basis of a prior issuance of a visa under section 203(a) to their accompanying parent who is an immediate relative.CommentsClose CommentsPermalink





‘(iii) PARENTS AND CHILDREN- An alien who was the child or parent of a citizen of the United States or a child of a lawful permanent resident at the time of the citizen’s or resident’s death if the alien files a petition under 204(a)(1)(A)(ii) within 2 years after such date or prior to reaching 21 years of age.CommentsClose CommentsPermalink





‘(iv) SPOUSE- An alien who was the spouse of a citizen of the United States or lawful permanent resident for not less than 2 years at the time of the citizen’s or resident’s death or, if married for less than 2 years at the time of the citizen’s or resident’s death, proves by a preponderance of the evidence that the marriage was entered into in good faith and not solely for the purpose of obtaining an immigration benefit and was not legally separated from the citizen or resident at the time of the citizen’s or resident’s death, and each child of such alien, shall be considered, for purposes of this subsection, an immediate relative after the date of the citizen’s or resident’s death if the spouse files a petition under section 204(a)(1)(A)(ii) before the earlier of--CommentsClose CommentsPermalink





‘(I) 2 years after such date; orCommentsClose CommentsPermalink





‘(II) the date on which the spouse remarries.CommentsClose CommentsPermalink





‘(v) SPECIAL RULE- For purposes of this subparagraph, an alien who has filed a petition under clause (iii) or (iv) of section 204(a)(1)(A) remains an immediate relative if the United States citizen or lawful permanent resident spouse or parent loses United States citizenship or residence on account of the abuse.CommentsClose CommentsPermalink





‘(B) BIRTH DURING TEMPORARY VISIT ABROAD- Aliens born to an alien lawfully admitted for permanent residence during a temporary visit abroad.’.CommentsClose CommentsPermalink





(b) Allocation of Immigrant Visas- Section 203(a) of the Immigration and Nationality Act (8 U.S.C. 1153(a)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (1), by striking ‘23,400’ and inserting ‘38,000’;CommentsClose CommentsPermalink





(2) by striking paragraph (2) and inserting the following:CommentsClose CommentsPermalink





‘(2) UNMARRIED SONS AND UNMARRIED DAUGHTERS OF PERMANENT RESIDENT ALIENS- Qualified immigrants who are the unmarried sons or unmarried daughters (but are not the children) of an alien lawfully admitted for permanent residence shall be allocated visas in a number not to exceed 60,000, plus any visas not required for the class specified in paragraph (1).’;CommentsClose CommentsPermalink





(3) in paragraph (3), by striking ‘23,400’ and inserting ‘38,000’; andCommentsClose CommentsPermalink





(4) in paragraph (4), by striking ‘65,000’ and inserting ‘90,000’.CommentsClose CommentsPermalink





(c) Technical and Conforming Amendments-CommentsClose CommentsPermalink





(1) RULES FOR DETERMINING WHETHER CERTAIN ALIENS ARE IMMEDIATE RELATIVES- Section 201(f) of the Immigration and Nationality Act (8 U.S.C. 1151(f)) is amended--CommentsClose CommentsPermalink





(A) in paragraph (1), by striking ‘paragraphs (2) and (3),’ and inserting ‘paragraph (2),’;CommentsClose CommentsPermalink





(B) by striking paragraph (2);CommentsClose CommentsPermalink





(C) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; andCommentsClose CommentsPermalink





(D) in paragraph (3), as redesignated by subparagraph (C), by striking ‘through (3)’ and inserting ‘and (2)’.CommentsClose CommentsPermalink





(2) NUMERICAL LIMITATION TO ANY SINGLE FOREIGN STATE- Section 202 of the Immigration and Nationality Act (8 U.S.C. 1152) is amended--CommentsClose CommentsPermalink





(A) in subsection (a)(4)--CommentsClose CommentsPermalink





(i) by striking subparagraphs (A) and (B);CommentsClose CommentsPermalink





(ii) by redesignating subparagraphs (C) and (D) as subparagraphs (A) and (B), respectively; andCommentsClose CommentsPermalink





(iii) in subparagraph (A), as redesignated by clause (ii), by striking ‘section 203(a)(2)(B)’ and inserting ‘section 203(a)(2)’; andCommentsClose CommentsPermalink





(B) in subsection (e), in the flush matter following paragraph (3), by striking ‘, or as limiting the number of visas that may be issued under section 203(a)(2)(A) pursuant to subsection (a)(4)(A)’.CommentsClose CommentsPermalink





(3) ALLOCATION OF IMMIGRATION VISAS- Section 203(h) of the Immigration and Nationality Act (8 U.S.C. 1153(h)) is amended--CommentsClose CommentsPermalink





(A) in paragraph (1)--CommentsClose CommentsPermalink





(i) in the matter preceding subparagraph (A), by striking ‘subsections (a)(2)(A) and (d)’ and inserting ‘subsection (d)’;CommentsClose CommentsPermalink





(ii) in subparagraph (A), by striking ‘becomes available for such alien (or, in the case of subsection (d), the date on which an immigrant visa number became available for the alien’s parent),’ and inserting ‘became available for the alien’s parent,’; andCommentsClose CommentsPermalink





(iii) in subparagraph (B), by striking ‘applicable’;CommentsClose CommentsPermalink





(B) by amending paragraph (2) to read as follows:CommentsClose CommentsPermalink





‘(2) PETITIONS DESCRIBED- The petition described in this paragraph is a petition filed under section 204 for classification of the alien’s parent under subsection (a), (b), or (c).’; andCommentsClose CommentsPermalink





(C) in paragraph (3), by striking ‘subsections (a)(2)(A) and (d)’ and inserting ‘subsection (d)’.CommentsClose CommentsPermalink





(4) PROCEDURE FOR GRANTING IMMIGRANT STATUS- Section 204 of the Immigration and Nationality Act (8 U.S.C. 1154) is amended--CommentsClose CommentsPermalink





(A) in subsection (a)(1)--CommentsClose CommentsPermalink





(i) in subparagraph (A)--CommentsClose CommentsPermalink





(I) in clause (i), by inserting ‘or lawful permanent resident’ after ‘citizen’;CommentsClose CommentsPermalink





(II) in clause (ii), by striking ‘described in the second sentence of section 201(b)(2)(A)(i) also’ and inserting ‘, alien child, or alien parent described in section 201(b)(2)(A)’;CommentsClose CommentsPermalink





(III) in clause (iii)--CommentsClose CommentsPermalink

(aa) in subclause (I)(aa), by inserting ‘or legal permanent resident’ after ‘citizen’; andCommentsClose CommentsPermalink

(bb) in subclause (II)(aa)--CommentsClose CommentsPermalink

(AA) in subitems (AA) and (BB), by inserting ‘or legal permanent resident;’ after ‘citizen’ each place that term appears;CommentsClose CommentsPermalink

(BB) in subitem (CC), by inserting ‘or legal permanent resident’ after ‘citizen’ each place that term appears; andCommentsClose CommentsPermalink

(CC) in subitem (CC)(bbb), by inserting ‘or legal permanent resident’ after ‘citizenship’;CommentsClose CommentsPermalink

(IV) in clause (iv), by inserting ‘or legal permanent resident’ after ‘citizen’ each place that term appears;CommentsClose CommentsPermalink





(V) in clause (v)(I), by inserting ‘or legal permanent resident’ after ‘citizen’; andCommentsClose CommentsPermalink





(VI) in clause (vi)--CommentsClose CommentsPermalink

(aa) by inserting ‘or legal permanent resident status’ after ‘renunciation of citizenship’; andCommentsClose CommentsPermalink

(bb) by inserting ‘or legal permanent resident’ after ‘abuser’s citizenship’;CommentsClose CommentsPermalink

(ii) by striking subparagraph (B);CommentsClose CommentsPermalink





(iii) in subparagraph (C), by striking ‘subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii)’ and inserting ‘clause (iii) or (iv) of subparagraph (A)’; andCommentsClose CommentsPermalink





(iv) in subparagraph (J), by striking ‘or clause (ii) or (iii) of subparagraph (B)’;CommentsClose CommentsPermalink





(B) in subsection (a), by striking paragraph (2);CommentsClose CommentsPermalink





(C) in subsection (c)(1), by striking ‘or preference status’; andCommentsClose CommentsPermalink





(D) in subsection (h), by striking ‘or a petition filed under subsection (a)(1)(B)(ii)’.CommentsClose CommentsPermalink

SEC. 4. COUNTRY LIMITS.

Section 202(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1152(a)(2)) is amended by striking ‘7 percent (in the case of a single foreign state) or 2 percent’ and inserting ‘10 percent (in the case of a single foreign state) or 5 percent’.CommentsClose CommentsPermalink

SEC. 5. PROMOTING FAMILY UNITY.

Section 212(a)(9) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(9)) is amended--CommentsClose CommentsPermalink





(1) in subparagraph (B)--CommentsClose CommentsPermalink





(A) in clause (iii)--CommentsClose CommentsPermalink





(i) in subclause (I), by striking ‘18 years of age’ and inserting ‘21 years of age’;CommentsClose CommentsPermalink





(ii) by moving subclause (V) 4 ems to the right; andCommentsClose CommentsPermalink





(iii) by adding at the end the following:CommentsClose CommentsPermalink





‘(VI) Clause (i) shall not apply to an alien for whom an immigrant visa is available or was available on or before the date of the enactment of the Reuniting Families Act, and is otherwise admissible to the United States for permanent residence.’; andCommentsClose CommentsPermalink





(B) in clause (v)--CommentsClose CommentsPermalink





(i) by striking ‘spouse or son or daughter’ and inserting ‘spouse, son, daughter, or parent’;CommentsClose CommentsPermalink





(ii) by striking ‘extreme’;CommentsClose CommentsPermalink





(iii) by inserting ‘, son, daughter, or’ after ‘lawfully resident spouse’; andCommentsClose CommentsPermalink





(iv) by striking ‘alien.’ and inserting ‘alien or, if the Attorney General determines that a waiver is necessary for humanitarian purposes, to ensure family unity or is otherwise in the public interest.’; andCommentsClose CommentsPermalink





(2) in subparagraph (C), by amending clause (ii) to read as follows:CommentsClose CommentsPermalink





‘(ii) EXCEPTIONS- Clause (i) shall not apply to an alien--CommentsClose CommentsPermalink





‘(I) seeking admission more than 10 years after the date of the alien’s last departure from the United States if, prior to the alien’s reembarkation at a place outside the United States or attempt to be readmitted from a foreign contiguous territory, the Secretary of Homeland Security has consented to the alien’s reapplication for admission; orCommentsClose CommentsPermalink





‘(II) for whom an immigrant visa is available or was available on or before the date of the enactment of the Reuniting Families Act, and is otherwise admissible to the United States for permanent residence.’.CommentsClose CommentsPermalink

SEC. 6. RELIEF FOR ORPHANS, WIDOWS, AND WIDOWERS.

(a) In General-CommentsClose CommentsPermalink





(1) SPECIAL RULE FOR ORPHANS AND SPOUSES- In applying clauses (iii) and (iv) of section 201(b)(2)(A) of the Immigration and Nationality Act, as added by section 3(a), to an alien whose citizen or lawful permanent resident relative died before the date of the enactment of this Act, the alien relative may file the classification petition under section 204(a)(1)(A)(ii) of such Act, as amended by section 3(c)(4)(A)(i)(II), not later than 2 years after the date of the enactment of this Act.CommentsClose CommentsPermalink





(2) ELIGIBILITY FOR PAROLE- If an alien was excluded, deported, removed, or departed voluntarily before the date of the enactment of this Act based solely upon the alien’s lack of classification as an immediate relative (as defined in section 201(b)(2)(A)(i) of the Immigration and Nationality Act, as amended by section 3(a)) due to the death of such citizen or resident--CommentsClose CommentsPermalink





(A) such alien shall be eligible for parole into the United States pursuant to the Attorney General’s discretionary authority under section 212(d)(5) of such Act (8 U.S.C. 1182(d)(5)); andCommentsClose CommentsPermalink





(B) such alien’s application for adjustment of status shall be considered notwithstanding section 212(a)(9) of such Act (8 U.S.C. 1182(a)(9)).CommentsClose CommentsPermalink





(b) Adjustment of Status- Section 245 of the Immigration and Nationality Act (8 U.S.C. 1255) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(n) Application for Adjustment of Status by Surviving Spouses, Parents, and Children-CommentsClose CommentsPermalink





‘(1) IN GENERAL- An alien described in paragraph (2) who applies for adjustment of status before the death of the qualifying relative may have such application adjudicated as if such death had not occurred.CommentsClose CommentsPermalink





‘(2) ALIEN DESCRIBED- An alien described in this paragraph is an alien who--CommentsClose CommentsPermalink





‘(A) is an immediate relative (as described in section 201(b)(2)(A));CommentsClose CommentsPermalink





‘(B) is a family-sponsored immigrant (as described in subsection (a) or (d) of section 203); orCommentsClose CommentsPermalink





‘(C) is a derivative beneficiary of an employment-based immigrant under section 203(b) (as described in section 203(d)).’.CommentsClose CommentsPermalink





(c) Transition Period-CommentsClose CommentsPermalink





(1) IN GENERAL- Notwithstanding a denial of an application for adjustment of status for an alien whose qualifying relative died before the date of the enactment of this Act, such application may be renewed by the alien through a motion to reopen, without fee, if such motion is filed not later than 2 years after such date of enactment.CommentsClose CommentsPermalink





(2) ELIGIBILITY FOR PAROLE- If an alien described in section 245(n)(2) of the Immigration and Nationality Act, as added by subsection (b), was excluded, deported, removed, or departed voluntarily before the date of the enactment of this Act--CommentsClose CommentsPermalink





(A) such alien shall be eligible for parole into the United States pursuant to the Attorney General’s discretionary authority under section 212(d)(5) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(5)); andCommentsClose CommentsPermalink





(B) such alien’s application for adjustment of status shall be considered notwithstanding section 212(a)(9) of such Act (8 U.S.C. 1182(a)(9)).CommentsClose CommentsPermalink





(d) Processing of Immigrant Visas and Derivative Petitions-CommentsClose CommentsPermalink





(1) IN GENERAL- Section 204(b) of the Immigration and Nationality Act (8 U.S.C. 1154(b)) is amended--CommentsClose CommentsPermalink





(A) by striking ‘After an investigation’ and inserting the following:CommentsClose CommentsPermalink





‘(1) IN GENERAL- After an investigation’; andCommentsClose CommentsPermalink





(B) by adding at the end the following:CommentsClose CommentsPermalink





‘(2) DEATH OF QUALIFYING RELATIVE-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Any alien described in subparagraph (B) whose qualifying relative died before the completion of immigrant visa processing may have an immigrant visa application adjudicated as if such death had not occurred. An immigrant visa issued before the death of the qualifying relative shall remain valid after such death.CommentsClose CommentsPermalink





‘(B) ALIEN DESCRIBED- An alien described in this subparagraph is an alien who--CommentsClose CommentsPermalink





‘(i) is an immediate relative (as described in section 201(b)(2)(A));CommentsClose CommentsPermalink





‘(ii) is a family-sponsored immigrant (as described in subsection (a) or (d) of section 203);CommentsClose CommentsPermalink





‘(iii) is a derivative beneficiary of an employment-based immigrant under section 203(b) (as described in section 203(d)); orCommentsClose CommentsPermalink





‘(iv) is the spouse or child of a refugee (as described in section 207(c)(2)) or an asylee (as described in section 208(b)(3)).’.CommentsClose CommentsPermalink





(2) TRANSITION PERIOD-CommentsClose CommentsPermalink





(A) IN GENERAL- Notwithstanding a denial or revocation of an application for an immigrant visa for an alien whose qualifying relative died before the date of the enactment of this Act, such application may be renewed by the alien through a motion to reopen, without fee, if such motion is filed not later than 2 years after such date of enactment.CommentsClose CommentsPermalink





(B) INAPPLICABILITY OF BARS TO ENTRY- Notwithstanding section 212(a)(9) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(9)), an alien’s application for an immigrant visa shall be considered if the alien was excluded, deported, removed, or departed voluntarily before the date of the enactment of this Act.CommentsClose CommentsPermalink





(e) Naturalization- Section 319(a) of the Immigration and Nationality Act (8 U.S.C. 1430(a)) is amended by inserting ‘(or, if the spouse is deceased, the spouse was a citizen of the United States)’ after ‘citizen of the United States’.CommentsClose CommentsPermalink

SEC. 7. EXEMPTION FROM IMMIGRANT VISA LIMIT FOR CERTAIN VETERANS WHO ARE NATIVES OF PHILIPPINES.

Section 201(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(1)) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(F) Aliens who are eligible for an immigrant visa under paragraph (1) or (3) of section 203(a) and who have a parent who was naturalized pursuant to section 405 of the Immigration Act of 1990 (8 U.S.C. 1440 note).’.CommentsClose CommentsPermalink

SEC. 8. FIANCEE CHILD STATUS PROTECTION.

(a) Definition- Section 101(a)(15)(K)(iii) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(K)(iii)) is amended by inserting ‘, provided that a determination of the age of such minor child is made using the age of the alien on the date on which the petition is filed with the Secretary of Homeland Security to classify the alien’s parent as the fiancee or fiance of a United States citizen (in the case of an alien parent described in clause (i)) or as the spouse of a United States citizen under section 201(b)(2)(A)(i) (in the case of an alien parent described in clause (ii));’ before the semicolon at the end.CommentsClose CommentsPermalink





(b) Adjustment of Status Authorized- Section 214(d) of the Immigration and Nationality Act (8 U.S.C. 1184(d)(1)) is amended--CommentsClose CommentsPermalink





(1) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; andCommentsClose CommentsPermalink





(2) in paragraph (1), by striking ‘In the event’ and inserting the following:CommentsClose CommentsPermalink





‘(2)(A) If an alien does not marry the petitioner under paragraph (1) within 3 months after the alien and the alien’s minor children are admitted into the United States, such alien and children shall be required to depart from the United States. If such aliens fail to depart from the United States, they shall be removed in accordance with sections 240 and 241.CommentsClose CommentsPermalink





‘(B) Subject to subparagraphs (C) and (D), if an alien marries the petitioner described in section 101(a)(15)(K)(i) within 3 months after the alien is admitted into the United States, the Secretary of Homeland Security or the Attorney General, subject to the provisions of section 245(d), may adjust the status of the alien, and any minor children accompanying or following to join the alien, to that of an alien lawfully admitted for permanent residence on a conditional basis under section 216 if the alien and any such minor children apply for such adjustment and are not determined to be inadmissible to the United States.CommentsClose CommentsPermalink





‘(C) Paragraphs (5) and (7)(A) of section 212(a) shall not apply to an alien who is eligible to apply for adjustment of his or her status to an alien lawfully admitted for permanent residence under this section.CommentsClose CommentsPermalink





‘(D) An alien eligible for a waiver of inadmissibility as otherwise authorized under this Act shall be permitted to apply for adjustment of his or her status to that of an alien lawfully admitted for permanent residence under this section.’.CommentsClose CommentsPermalink





(c) Age Determination- Section 245(d) of the Immigration and Nationality Act (8 U.S.C. 1155(d)) is amended--CommentsClose CommentsPermalink





(1) by inserting ‘(1)’ before ‘The Attorney General’; andCommentsClose CommentsPermalink





(2) by adding at the end the following:CommentsClose CommentsPermalink





‘(2) A determination of the age of an alien admitted to the United States under section 101(a)(15)(K)(iii) shall be made, for purposes of adjustment to the status of an alien lawfully admitted for permanent residence on a conditional basis under section 216, using the age of the alien on the date on which the petition is filed with the Secretary of Homeland Security to classify the alien’s parent as the fiancee or fiance of a United States citizen (in the case of an alien parent admitted to the United States under section 101(a)(15)(K)(i)) or as the spouse of a United States citizen under section 201(b)(2)(A)(i) (in the case of an alien parent admitted to the United States under section 101(a)(15)(K)(ii)).’.CommentsClose CommentsPermalink





(d) Effective Date-CommentsClose CommentsPermalink





(1) IN GENERAL- The amendments made by this section shall be effective as if included in the Immigration Marriage Fraud Amendments of 1986 (Public Law 99-639).CommentsClose CommentsPermalink





(2) APPLICABILITY- The amendments made by this section shall apply to all petitions or applications described in such amendments that--CommentsClose CommentsPermalink





(A) are pending as of the date of the enactment of this Act; orCommentsClose CommentsPermalink





(B) have been denied, but would have been approved if such amendments had been in effect at the time of adjudication of the petition or application.CommentsClose CommentsPermalink





(3) MOTION TO REOPEN OR RECONSIDER- A motion to reopen or reconsider a petition or application described in paragraph (2)(B) shall be granted if such motion is filed with the Secretary of Homeland Security or the Attorney General not later than 2 years after the date of the enactment of this Act.CommentsClose CommentsPermalink

SEC. 9. EQUAL TREATMENT FOR ALL STEPCHILDREN.

Section 101(b)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 1101(b)(1)(B)) is amended by striking ‘, provided the child had not reached the age of eighteen years at the time the marriage creating the status of stepchild occurred’.CommentsClose CommentsPermalink