[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 672 Reported in Senate (RS)]






                                                       Calendar No. 374
107th CONGRESS
  2d Session
                                 S. 672

    To amend the Immigration and Nationality Act to provide for the 
continued classification of certain aliens as children for purposes of 
     that Act in cases where the aliens ``age-out'' while awaiting 
            immigration processing, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

               April 2 (legislative day, March 30), 2001

 Mrs. Feinstein (for herself, Mrs. Boxer, Mr. Graham, Mr. Kennedy, Mr. 
Hagel, Mr. DeWine, Mr. Leahy, Mr. Hatch, and Mr. Brownback) introduced 
the following bill; which was read twice and referred to the Committee 
                            on the Judiciary

                 May 16 (legislative day, May 9), 2002

                Reported by Mr. Leahy, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
    To amend the Immigration and Nationality Act to provide for the 
continued classification of certain aliens as children for purposes of 
     that Act in cases where the aliens ``age-out'' while awaiting 
            immigration processing, and for other purposes.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Child Status Protection 
Act''.</DELETED>

<DELETED>SEC. 2. CHILD STATUS PROTECTION.</DELETED>

<DELETED>    (a) Immediate Relatives.--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:</DELETED>
        <DELETED>    ``(iii) Notwithstanding section 101(b)(1), an 
        unmarried alien 21 years of age or older on whose behalf a 
        petition was filed under section 204 to classify the alien as 
        an immediate relative under clause (i) shall be classified as a 
        child of a citizen of the United States for purposes of that 
        clause, and the petition shall be considered a petition for 
        classification under that clause, if the alien attained 21 
        years of age after the date on which the petition was filed but 
        while the petition is pending before the Attorney 
        General.</DELETED>
        <DELETED>    ``(iv) An unmarried alien under 21 years of age on 
        whose behalf a petition was filed under section 204 to classify 
        the alien as an immigrant under section 203(a)(2)(A) shall be 
        classified as a child of a citizen of the United States for 
        purposes of clause (i), and the petition shall be considered a 
        petition for classification under that clause, if a petitioning 
        parent became a naturalized citizen of the United States after 
        the petition was filed but while the petition is pending before 
        the Attorney General.</DELETED>
        <DELETED>    ``(v) An unmarried alien who was in a marriage on 
        the date a petition was filed under section 204 to classify the 
        alien as an immigrant under section 203(a)(3) shall be 
        classified as a child of a citizen of the United States for 
        purposes of clause (i), and the petition shall be considered a 
        petition for classification under that clause, if--</DELETED>
                <DELETED>    ``(I) the alien's marriage was legally 
                terminated while the petition is pending before the 
                Attorney General; and</DELETED>
                <DELETED>    ``(II) the alien was under 21 years of age 
                on the date of legal termination of the 
                marriage.''.</DELETED>
<DELETED>    (b) Family-Sponsored, Employment-Based, and Diversity 
Immigrants.--Section 203(d) of the Immigration and Nationality Act (8 
U.S.C. 1153(d)) is amended to read as follows:</DELETED>
<DELETED>    ``(d) Treatment of Family Members.--</DELETED>
        <DELETED>    ``(1) In general.--A spouse or child (as defined 
        in subparagraph (A), (B), (C), (D), or (E) of section 
        101(b)(1)) shall, if not otherwise entitled to immigrant status 
        and the immediate issuance of a visa under subsection (a), (b), 
        or (c), be entitled to the same status, and the same order of 
        consideration provided in the respective subsection, if 
        accompanying or following to join, the spouse or 
        parent.</DELETED>
        <DELETED>    ``(2) Continued classification of certain aliens 
        as children.--An unmarried alien 21 years of age or older on 
        whose behalf a petition was filed under section 204 to classify 
        the alien as an immigrant under subsection (a), (b), or (c), 
        who is accompanying or following to join his or her parent 
        under this section, shall be classified as a child for purposes 
        of entitlement to the same immigrant status of the parent, and 
        the petition shall be considered a petition for classification 
        for such purposes, if the alien attained 21 years of age after 
        the date on which the petition was filed but while the petition 
        is pending before the Attorney General.''.</DELETED>
<DELETED>    (c) Asylees.--Section 208(b)(3) of the Immigration and 
Nationality Act (8 U.S.C. 1158(b)(3)) is amended--</DELETED>
        <DELETED>    (1) by striking ``A spouse'' and inserting ``(A) 
        In general.--A spouse''; and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
                <DELETED>    ``(B) Continued classification of certain 
                aliens as children for asylum eligibility.--An 
                unmarried alien who is accompanying or seeking to join 
                a parent granted asylum under this subsection, who is 
                seeking to be granted asylum under this paragraph, and 
                who was under 21 years of age on the date on which the 
                alien's parent applied for asylum 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 the application was filed but while the 
                application is pending before the Attorney 
                General.''.</DELETED>

<DELETED>SEC. 3. EFFECTIVE DATE.</DELETED>

<DELETED>    Section 2, and the amendments made by section 2, shall 
apply to--</DELETED>
        <DELETED>    (1) all applications and petitions filed before 
        the date of enactment of this Act and pending on such date; 
        and</DELETED>
        <DELETED>    (2) all applications and petitions filed on or 
        after such date.</DELETED>

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)(4) 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)(2), 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.




                                                       Calendar No. 374

107th CONGRESS

  2d Session

                                 S. 672

_______________________________________________________________________

                                 A BILL

    To amend the Immigration and Nationality Act to provide for the 
continued classification of certain aliens as children for purposes of 
     that Act in cases where the aliens ``age-out'' while awaiting 
            immigration processing, and for other purposes.

_______________________________________________________________________

                 May 16 (legislative day, May 9), 2002

                       Reported with an amendment