[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1209 Enrolled Bill (ENR)]

        H.R.1209

                      One Hundred Seventh Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

         Begun and held at the City of Washington on Wednesday,
          the twenty-third day of January, two thousand and two


                                 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.

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

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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.