[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1209 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 1209

 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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 26, 2001

  Mr. Gekas (for himself and Ms. Jackson-Lee of Texas) introduced the 
  following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 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 of 
2001''.

SEC. 2. USE OF AGE ON PETITION FILING DATE, PARENT'S NATURALIZATION 
              DATE, OR MARRIAGE TERMINATION DATE, IN DETERMINING STATUS 
              AS A CHILD OF A CITIZEN.

    (a) In General.--Section 201(b)(2)(A) of the Immigration and 
Nationality Act (8 U.S.C. 1151(b)(2)(A)) is amended by adding at the 
end the following:
            ``(iii)(I) For purposes of clause (i), a determination of 
        whether an unmarried alien is a child (as defined in section 
        101(b)(1) in the matter preceding subparagraph (A) of such 
        section) of a citizen of the United States 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 clause (i).
            ``(II) 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 clause (i), the 
        determination described in subclause (I) shall be made using 
        the age of the alien on the date of the parent's 
        naturalization.
            ``(III) 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 clause (i), the determination 
        described in subclause (I) shall be made using the age of the 
        alien on the date of the termination of the marriage.''.
    (b) Applicability.--The amendment made by subsection (a) shall 
apply to determinations made under section 201(b)(2)(A)(i) of the 
Immigration and Nationality Act, and classification petitions filed 
under section 204 of such Act, before, on, or after the date of the 
enactment of this Act.
                                 <all>