[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1209 Engrossed Amendment Senate (EAS)]
In the Senate of the United States,
June 13, 2002.
Resolved, That the bill from the House of Representatives (H.R.
1209) entitled ``An Act to amend the Immigration and Nationality Act to
determine whether an alien is a child, for purposes of classification
as an immediate relative, based on the age of the alien on the date the
classification petition with respect to the alien is filed, and for
other purposes.'', do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Status Protection Act''.
SEC. 2. USE OF AGE ON PETITION FILING DATE, PARENT'S NATURALIZATION
DATE, OR MARRIAGE TERMINATION DATE, IN DETERMINING STATUS
AS IMMEDIATE RELATIVE.
Section 201 of the Immigration and Nationality Act (8 U.S.C. 1151)
is amended by adding at the end the following:
``(f) Rules for Determining Whether Certain Aliens Are Immediate
Relatives.--
``(1) Age on petition filing date.--Except as provided in
paragraphs (2) and (3), for purposes of subsection
(b)(2)(A)(i), a determination of whether an alien satisfies the
age requirement in the matter preceding subparagraph (A) of
section 101(b)(1) shall be made using the age of the alien on
the date on which the petition is filed with the Attorney
General under section 204 to classify the alien as an immediate
relative under subsection (b)(2)(A)(i).
``(2) Age on parent's naturalization date.--In the case of
a petition under section 204 initially filed for an alien
child's classification as a family-sponsored immigrant under
section 203(a)(2)(A), based on the child's parent being
lawfully admitted for permanent residence, if the petition is
later converted, due to the naturalization of the parent, to a
petition to classify the alien as an immediate relative under
subsection (b)(2)(A)(i), the determination described in
paragraph (1) shall be made using the age of the alien on the
date of the parent's naturalization.
``(3) Age on marriage termination date.--In the case of a
petition under section 204 initially filed for an alien's
classification as a family-sponsored immigrant under section
203(a)(3), based on the alien's being a married son or daughter
of a citizen, if the petition is later converted, due to the
legal termination of the alien's marriage, to a petition to
classify the alien as an immediate relative under subsection
(b)(2)(A)(i) or as an unmarried son or daughter of a citizen
under section 203(a)(1), the determination described in
paragraph (1) shall be made using the age of the alien on the
date of the termination of the marriage.''.
SEC. 3. TREATMENT OF CERTAIN UNMARRIED SONS AND DAUGHTERS SEEKING
STATUS AS FAMILY-SPONSORED, EMPLOYMENT-BASED, AND
DIVERSITY IMMIGRANTS.
Section 203 of the Immigration and Nationality Act (8 U.S.C. 1153)
is amended by adding at the end the following:
``(h) Rules for Determining Whether Certain Aliens Are Children.--
``(1) In general.--For purposes of subsections (a)(2)(A)
and (d), a determination of whether an alien satisfies the age
requirement in the matter preceding subparagraph (A) of section
101(b)(1) shall be made using--
``(A) the age of the alien on the date on which an
immigrant visa number 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), but only if the alien has sought to
acquire the status of an alien lawfully admitted for
permanent residence within one year of such
availability; reduced by
``(B) the number of days in the period during which
the applicable petition described in paragraph (2) was
pending.
``(2) Petitions described.--The petition described in this
paragraph is--
``(A) with respect to a relationship described in
subsection (a)(2)(A), a petition filed under section
204 for classification of an alien child under
subsection (a)(2)(A); or
``(B) with respect to an alien child who is a
derivative beneficiary under subsection (d), a petition
filed under section 204 for classification of the
alien's parent under subsection (a), (b), or (c).
``(3) Retention of priority date.--If the age of an alien
is determined under paragraph (1) to be 21 years of age or
older for the purposes of subsections (a)(2)(A) and (d), the
alien's petition shall automatically be converted to the
appropriate category and the alien shall retain the original
priority date issued upon receipt of the original petition.''.
SEC. 4. USE OF AGE ON PARENT'S APPLICATION FILING DATE IN DETERMINING
ELIGIBILITY FOR ASYLUM.
Section 208(b)(3) of the Immigration and Nationality Act (8 U.S.C.
1158(b)(3)) is amended to read as follows:
``(3) Treatment of spouse and children.--
``(A) In general.--A spouse or child (as defined in
section 101(b)(1) (A), (B), (C), (D), or (E)) of an
alien who is granted asylum under this subsection may,
if not otherwise eligible for asylum under this
section, be granted the same status as the alien if
accompanying, or following to join, such alien.
``(B) Continued classification of certain aliens as
children.--An unmarried alien who seeks to accompany,
or follow to join, a parent granted asylum under this
subsection, and who was under 21 years of age on the
date on which such parent applied for asylum under this
section, shall continue to be classified as a child for
purposes of this paragraph and section 209(b)(3), if
the alien attained 21 years of age after such
application was filed but while it was pending.''.
SEC. 5. USE OF AGE ON PARENT'S APPLICATION FILING DATE IN DETERMINING
ELIGIBILITY FOR ADMISSION AS REFUGEE.
Section 207(c)(2) of the Immigration and Nationality Act (8 U.S.C.
1157(c)(2)) is amended--
(1) by striking ``(2)'' and inserting ``(2)(A)''; and
(2) by adding at the end the following:
``(B) An unmarried alien who seeks to accompany, or follow to join,
a parent granted admission as a refugee under this subsection, and who
was under 21 years of age on the date on which such parent applied for
refugee status under this section, shall continue to be classified as a
child for purposes of this paragraph, if the alien attained 21 years of
age after such application was filed but while it was pending.''.
SEC. 6. TREATMENT OF CLASSIFICATION PETITIONS FOR UNMARRIED SONS AND
DAUGHTERS OF NATURALIZED CITIZENS.
Section 204 of the Immigration and Nationality Act (8 U.S.C. 1154)
is amended by adding at the end the following:
``(k) Procedures for Unmarried Sons and Daughters of Citizens.--
``(1) In general.--Except as provided in paragraph (2), in
the case of a petition under this section initially filed for
an alien unmarried son or daughter's classification as a
family-sponsored immigrant under section 203(a)(2)(B), based on
a parent of the son or daughter being an alien lawfully
admitted for permanent residence, if such parent subsequently
becomes a naturalized citizen of the United States, such
petition shall be converted to a petition to classify the
unmarried son or daughter as a family-sponsored immigrant under
section 203(a)(1).
``(2) Exception.--Paragraph (1) does not apply if the son
or daughter files with the Attorney General a written statement
that he or she elects not to have such conversion occur (or if
it has occurred, to have such conversion revoked). Where such
an election has been made, any determination with respect to
the son or daughter's eligibility for admission as a family-
sponsored immigrant shall be made as if such naturalization had
not taken place.
``(3) Priority date.--Regardless of whether a petition is
converted under this subsection or not, if an unmarried son or
daughter described in this subsection was assigned a priority
date with respect to such petition before such naturalization,
he or she may maintain that priority date.
``(4) Clarification.--This subsection shall apply to a
petition if it is properly filed, regardless of whether it was
approved or not before such naturalization.''.
SEC. 7. IMMIGRATION BENEFITS FOR CERTAIN ALIEN CHILDREN NOT AFFECTED.
Section 204(a)(1)(D) of the Immigration and Nationality Act (8
U.S.C. 1154(a)(1)(D)) is amended by adding at the end the following new
clause:
``(iii) Nothing in the amendments made by the Child Status
Protection Act shall be construed to limit or deny any right or benefit
provided under this subparagraph.''.
SEC. 8. EFFECTIVE DATE.
The amendments made by this Act shall take effect on the date of
the enactment of this Act and shall apply to any alien who is a
derivative beneficiary or any other beneficiary of--
(1) a petition for classification under section 204 of the
Immigration and Nationality Act (8 U.S.C. 1154) approved before
such date but only if a final determination has not been made
on the beneficiary's application for an immigrant visa or
adjustment of status to lawful permanent residence pursuant to
such approved petition;
(2) a petition for classification under section 204 of the
Immigration and Nationality Act (8 U.S.C. 1154) pending on or
after such date; or
(3) an application pending before the Department of Justice
or the Department of State on or after such date.
Attest:
Secretary.
107th CONGRESS
2d Session
H. R. 1209
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AMENDMENT