[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5058 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 5058

 To amend the Immigration and Nationality Act to permit alien children 
 receiving medical treatment in the United States to be classified as 
 immediate relatives to avoid extreme hardship to themselves or their 
                   immediate relative alien parents.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 9, 2004

   Mr. Shaw introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend the Immigration and Nationality Act to permit alien children 
 receiving medical treatment in the United States to be classified as 
 immediate relatives to avoid extreme hardship to themselves or their 
                   immediate relative alien parents.

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

SECTION 1. CLASSIFICATION OF ALIEN CHILDREN RECEIVING MEDICAL TREATMENT 
              IN UNITED STATES AS IMMEDIATE RELATIVES TO AVOID EXTREME 
              HARDSHIP TO THEMSELVES OR THEIR IMMEDIATE RELATIVE ALIEN 
              PARENTS.

    (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 new clause:
            ``(iii) A child (as defined in subparagraph (A), (B), (C), 
        (D), or (E) of section 101(b)(1)) of an alien parent who is 
        classified as an immediate relative under paragraph (2)(A)(i) 
        may be classified as an immediate relative for purposes of this 
        subsection, if the Secretary of Homeland Security determines, 
        on the basis of a petition that is filed on behalf of the child 
        under section 204(a)(1)(A)(vii), that--
                    ``(I) the child is in the United States and is 
                accompanied by the alien parent;
                    ``(II) in consultation with the Secretary of Health 
                and Human Services, the child is receiving medical 
                treatment which is unavailable outside the United 
                States; and
                    ``(III) such classification is necessary to avoid 
                extreme hardship to the child or parent.''.
    (b) Petitioning Procedure.--Section 204(a)(1)(A) of such Act (8 
U.S.C. 1154(a)(1)(A)) is amended by adding at the end the following new 
clause:
    ``(vii) An alien may file a petition with the Secretary of Homeland 
Security for classification of a child of such alien as an immediate 
relative under clause (iii) of section 201(b)(2)(A), if the alien is a 
parent of the child and a petition for classification of the alien as 
an immediate relative parent under clause (i) of such section has been 
filed under clause (i) of this subparagraph.''.
    (c) Conforming Amendment.--Section 201(f)(1) of such Act (8 U.S.C. 
1151(f)(1)) is amended by striking ``(b)(2)(A)(i)'' and inserting 
``(b)(2)(A)'' each place it appears.
                                 <all>