[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1753 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1753

To amend the Immigration and Nationality Act to provide that an adopted 
alien who is less than 18 years of age may be considered a child under 
 such Act if adopted with or after a sibling who is a child under such 
                                  Act.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 20, 1999

   Mr. Hatch (for himself, Mr. Abraham, Mr. Leahy, and Mr. Kennedy) 
introduced the following bill; which was read twice and referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend the Immigration and Nationality Act to provide that an adopted 
alien who is less than 18 years of age may be considered a child under 
 such Act if adopted with or after a sibling who is a child under such 
                                  Act.

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

SECTION 1. PROVIDING THAT AN ADOPTED ALIEN WHO IS LESS THAN 18 YEARS OF 
              AGE MAY BE CONSIDERED A CHILD UNDER THE IMMIGRATION AND 
              NATIONALITY ACT IF ADOPTED WITH OR AFTER A SIBLING WHO IS 
              A CHILD UNDER SUCH ACT.

    (a) In General.--Section 101(b)(1) of the Immigration and 
Nationality Act (8 U.S.C. 1101(b)(1)) is amended--
            (1) in subparagraph (E)--
                    (A) by inserting ``(i)'' after ``(E)''; and
                    (B) by adding at the end the following:
            ``(ii) subject to the same proviso as in clause (i), a 
        child who (I) is a natural sibling of a child described in 
        clause (i) or subparagraph (F)(i); (II) was adopted by the 
        adoptive parent or parents of the sibling described in such 
        clause or subparagraph; and (III) is otherwise described in 
        clause (i), except that the child was adopted while under the 
        age of eighteen years; or''; and
            (2) in subparagraph (F)--
                    (A) by inserting ``(i) after ``(F)'';
                    (B) by striking the period at the end and inserting 
                ``; or''; and
                    (C) by adding at the end the following:
            ``(ii) subject to the same provisos as in clause (i), a 
        child who (I) is a natural sibling of a child described in 
        clause (i) or subparagraph (E)(i); (II) has been adopted 
        abroad, or is coming to the United States for adoption, by the 
        adoptive parent (or prospective adoptive parent) or parents of 
        the sibling described in such clause or subparagraph; and (III) 
        is otherwise described in clause (i), except that the child is 
        under the age of eighteen at the time a petition is filed in 
        his or her behalf to accord a classification as an immediate 
        relative under section 201(b).''.
    (b) Conforming Amendments Relating to Naturalization.--
            (1) Definition of child.--Section 101(c)(1) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(c)) is amended 
        by striking ``sixteen years,'' and inserting ``sixteen years 
        (except to the extent that the child is described in 
        subparagraph (E)(ii) or (F)(ii) of subsection (b)(1)),''.
            (2) Certificate of citizenship.--Section 322(a)(4) of the 
        Immigration and Nationality Act (8 U.S.C. 1433(a)(4)) is 
        amended--
                    (A) by striking ``16 years'' and inserting ``16 
                years (except to the extent that the child is described 
                in clause (ii) of subparagraph (E) or (F) of section 
                101(b)(1))''; and
                    (B) by striking ``subparagraph (E) or (F) of 
                section 101(b)(1).'' and inserting ``either of such 
                subparagraphs.''.
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