[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3514 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 3514

 To amend the Immigration and Nationality Act to promote family unity, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

           September 18 (legislative day, September 17), 2008

 Mr. Menendez introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend the Immigration and Nationality Act to promote family unity, 
                        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 ``Reuniting Families Act''.

SEC. 2. RECAPTURE OF IMMIGRANT VISAS LOST TO BUREAUCRATIC DELAY.

    (a) Worldwide Level of Employment-Based Immigrants.--Subsection (d) 
of section 201 of the Immigration and Nationality Act (8 U.S.C. 1151) 
is amended to read as follows:
    ``(d) Worldwide Level of Employment-Based Immigrants.--
            ``(1) In general.--The worldwide level of employment-based 
        immigrants under this subsection for a fiscal year is equal to 
        the sum of--
                    ``(A) 140,000; plus
                    ``(B) the number computed under paragraph (2); plus
                    ``(C) the number computed under paragraph (3).
            ``(2) Unused visa numbers from previous fiscal year.--The 
        number computed under this paragraph for a fiscal year is the 
        difference, if any, between--
                    ``(A) the worldwide level of employment-based 
                immigrant visas established for the previous fiscal 
                year; and
                    ``(B) the number of visas actually issued under 
                section 203(b), subject to this subsection, during the 
                previous fiscal year.
            ``(3) Unused visa numbers from fiscal years 1992 through 
        2007.--The number computed under this paragraph is the 
        difference, if any, between--
                    ``(A) the difference, if any, between--
                            ``(i) the sum of the worldwide levels of 
                        employment-based immigrant visas established 
                        for each of fiscal years 1992 through 2007; and
                            ``(ii) the number of visas actually issued 
                        under section 203(b), subject to this 
                        subsection, during such fiscal years; and
                    ``(B) the number of unused visas from fiscal years 
                1992 through 2007 that were issued after fiscal year 
                2007 under section 203(b), subject to this 
                subsection.''.
    (b) Worldwide Level of Family-Sponsored Immigrants.--Subsection (c) 
of section 201 of the Immigration and Nationality Act (8 U.S.C. 1151) 
is amended to read as follows:
    ``(c) Worldwide Level of Family-Sponsored Immigrants.--
            ``(1) In general.--Subject to subparagraph (B), the 
        worldwide level of family-sponsored immigrants under this 
        subsection for a fiscal year is equal to--
                    ``(A) 480,000; plus
                    ``(B) the sum of--
                            ``(i) the number computed under paragraph 
                        (2); plus
                            ``(ii) the number computed under paragraph 
                        (3).
            ``(2) Unused visa numbers from previous fiscal year.--The 
        number computed under this paragraph for a fiscal year is the 
        difference, if any, between--
                    ``(A) the worldwide level of family-sponsored 
                immigrant visas established for the previous fiscal 
                year; and
                    ``(B) the number of visas actually issued under 
                section 203(a), subject to this subsection, during the 
                previous fiscal year.
            ``(3) Unused visa numbers from fiscal years 1992 through 
        2007.--The number computed under this paragraph is the 
        difference, if any, between--
                    ``(A) the difference, if any, between--
                            ``(i) the sum of the worldwide levels of 
                        family-sponsored immigrant visas established 
                        for fiscal years 1992 through 2007; and
                            ``(ii) the number of visas actually issued 
                        under section 203(a), subject to this 
                        subsection, during such fiscal years; and
                    ``(B) the number of unused visas from fiscal years 
                1992 through 2007 that were issued after fiscal year 
                2007 under section 203(a), subject to this 
                subsection.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect 60 days after the date of the enactment of this Act.

SEC. 3. RECLASSIFICATION OF SPOUSES AND MINOR CHILDREN OF LEGAL 
              PERMANENT RESIDENTS AS IMMEDIATE RELATIVES.

    (a) In General.--Paragraph (2) of section 201(b) of the Immigration 
and Nationality Act (8 U.S.C. 1151(b)) is amended to read as follows:
            ``(2) Immediate relative.--
                    ``(A) In general.--
                            ``(i) Immediate relative defined.--In this 
                        subparagraph, the term `immediate relative' 
                        means a child, spouse, or parent of a citizen 
                        of the United States or a child or spouse of a 
                        lawful permanent resident (and for each family 
                        member of a citizen or lawful permanent 
                        resident specified under this subparagraph, 
                        such individual's spouse or child who is 
                        accompanying or following to join the 
                        individual), except that, in the case of 
                        parents, such citizens shall be at least 21 
                        years of age.
                            ``(ii) Previously issued visa.--Aliens 
                        admitted under section 211(a) on the basis of a 
                        prior issuance of a visa under section 203(a) 
                        to their accompanying parent who is an 
                        immediate relative.
                            ``(iii) Spouse.--An alien who was the 
                        spouse of a citizen of the United States or 
                        lawful permanent resident for not less than 2 
                        years at the time of the citizen's or 
                        resident's death or, if married for less than 2 
                        years at the time of the citizen's or 
                        resident's death, proves by a preponderance of 
                        the evidence that the marriage was entered into 
                        in good faith and not solely for the purpose of 
                        obtaining an immigration benefit and was not 
                        legally separated from the citizen or resident 
                        at the time of the citizen's or resident's 
                        death, and each child of such alien, shall be 
                        considered, for purposes of this subsection, an 
                        immediate relative after the date of the 
                        citizen's or resident's death if the spouse 
                        files a petition under section 204(a)(1)(A)(ii) 
                        before the earlier of--
                                    ``(I) 2 years after such date; or
                                    ``(II) the date on which the spouse 
                                remarries.
                            ``(iv) Parents and children.--An alien who 
                        was the child or parent of a citizen of the 
                        United States or a child of a lawful permanent 
                        resident at the time of the citizen's or 
                        resident's death if the alien files a petition 
                        under 204(a)(1)(A)(ii) within 2 years after 
                        such date or prior to reaching 21 years of age.
                            ``(v) Special rule.--For purposes of this 
                        subparagraph, an alien who has filed a petition 
                        under clause (iii) or (iv) of section 
                        204(a)(1)(A) remains an immediate relative if 
                        the United States citizen or lawful permanent 
                        resident spouse or parent loses United States 
                        citizenship or residence on account of the 
                        abuse.
                    ``(B) Birth during temporary visit abroad.--Aliens 
                born to an alien lawfully admitted for permanent 
                residence during a temporary visit abroad.''.
    (b) Allocation of Immigrant Visas.--Subsection (a) of section 203 
of the Immigration and Nationality Act (8 U.S.C. 1153) is amended--
            (1) in paragraph (1), by striking ``23,400'' and inserting 
        ``38,000'';
            (2) by striking paragraph (2) and inserting the following:
            ``(2) Unmarried sons and unmarried daughters of permanent 
        resident aliens.--Qualified immigrants who are the unmarried 
        sons or unmarried daughters (but are not the children) of an 
        alien lawfully admitted for permanent residence shall be 
        allocated visas in a number not to exceed 60,000, plus any 
        visas not required for the class specified in paragraph (1).'';
            (3) in paragraph (3), by striking ``23,400'' and inserting 
        ``38,000''; and
            (4) in paragraph (4), by striking ``65,000'' and inserting 
        ``90,000''.
    (c) Technical and Conforming Amendments.--
            (1) Rules for determining whether certain aliens are 
        immediate relatives.--Subsection (f) of section 201 of the 
        Immigration and Nationality Act (8 U.S.C. 1151) is amended--
                    (A) in paragraph (1), by striking ``paragraphs (2) 
                and (3),'' and inserting ``paragraph (2),'';
                    (B) by striking paragraph (2);
                    (C) by redesignating paragraphs (3) and (4) as 
                paragraphs (2) and (3), respectively; and
                    (D) in paragraph (3), as redesignated by 
                subparagraph (C), by striking ``through (3)'' and 
                inserting ``and (2)''.
            (2) Numerical limitation to any single foreign state.--
        Section 202 of the Immigration and Nationality Act (8 U.S.C. 
        1152) is amended--
                    (A) in paragraph (4) of subsection (a)--
                            (i) by striking subparagraphs (A) and (B);
                            (ii) by redesignating subparagraphs (C) and 
                        (D) as subparagraphs (A) and (B), respectively; 
                        and
                            (iii) in subparagraph (A), as redesignated 
                        by clause (ii), by striking ``section 
                        203(a)(2)(B)'' and inserting ``section 
                        203(a)(2)''; and
                    (B) in subsection (e), in the flush matter 
                following paragraph (3), by striking ``, or as limiting 
                the number of visas that may be issued under section 
                203(a)(2)(A) pursuant to subsection (a)(4)(A)''.
            (3) Allocation of immigration visas.--Subsection (h) of 
        section 203 of the Immigration and Nationality Act (8 U.S.C. 
        1153) is amended--
                    (A) in paragraph (1)--
                            (i) in the matter preceding subparagraph 
                        (A), by striking ``subsections (a)(2)(A) and 
                        (d)'' and inserting ``subsection (d)'';
                            (ii) in subparagraph (A), by striking 
                        ``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),'' and inserting ``became 
                        available for the alien's parent,''; and
                            (iii) in subparagraph (B), by striking 
                        ``applicable'';
                    (B) in paragraph (2), by striking ``The petition'' 
                and all that follows through the end and inserting 
                ``The petition described in this paragraph is a 
                petition filed under section 204 for classification of 
                the alien's parent under subsection (a), (b), or 
                (c).''; and
                    (C) in paragraph (3), by striking ``subsections 
                (a)(2)(A) and (d)'' and inserting ``subsection (d)''.
            (4) Procedure for granting immigrant status.--Section 204 
        of the Immigration and Nationality Act (8 U.S.C. 1154) is 
        amended--
                    (A) in subsection (a)(1)--
                            (i) in subparagraph (A)--
                                    (I) in clause (i), by inserting 
                                ``or lawful permanent resident'' after 
                                ``United States'';
                                    (II) in clause (ii), by striking 
                                ``described in the second sentence of 
                                section 201(b)(2)(A)(i) also'' and 
                                inserting ``or an alien child or alien 
                                parent described in section 
                                201(b)(2)(A)'';
                                    (III) in clause (iii)--
                                            (aa) in item (aa) of 
                                        subclause (I), by inserting 
                                        ``or legal permanent resident'' 
                                        after ``citizen''; and
                                            (bb) in subclause (II)--

                                                    (AA) in item 
                                                (aa)(AA) and item 
                                                (aa)(BB), by inserting 
                                                ``or legal permanent 
                                                resident;'' after 
                                                ``States'' each place 
                                                that term appears;

                                                    (BB) in item 
                                                (aa)(CC), by inserting 
                                                ``or legal permanent 
                                                resident'' after 
                                                ``citizen'';

                                                    (CC) in item 
                                                (aa)(CC)(bbb), by 
                                                inserting ``or legal 
                                                permanent resident'' 
                                                after ``citizenship''; 
                                                and

                                                    (DD) in item 
                                                (aa)(CC)(ccc), by 
                                                inserting ``or legal 
                                                permanent resident'' 
                                                after ``citizen'';

                                    (IV) in clause (iv)--
                                            (aa) by striking 
                                        ``States,'' and inserting 
                                        ``States or legal permanent 
                                        resident,'';
                                            (bb) by inserting ``or 
                                        legal permanent resident'' 
                                        after ``United States 
                                        citizen'';
                                            (cc) by inserting ``or 
                                        resident'' after ``the 
                                        citizen''; and
                                            (dd) by inserting ``or 
                                        resident'' after the ``alien's 
                                        citizen'';
                                    (V) in subclause (I) of clause (v), 
                                by inserting ``or legal permanent 
                                resident'' after ``citizen''; and
                                    (VI) in clause (vi)--
                                            (aa) by inserting ``or 
                                        legal permanent resident 
                                        status'' after ``renunciation 
                                        of citizenship''; and
                                            (bb) by inserting ``or 
                                        legal permanent resident'' 
                                        after ``abuser's citizenship'';
                            (ii) by striking subparagraph (B);
                            (iii) in subparagraph (C), by striking 
                        ``subparagraph (A)(iii), (A)(iv), (B)(ii), or 
                        (B)(iii)'' and inserting ``clause (iii) or (iv) 
                        of subparagraph (A)''; and
                            (iv) in subparagraph (J), by striking ``or 
                        clause (ii) or (iii) of subparagraph (B)'';
                    (B) by striking paragraph (2) of subsection (a);
                    (C) in paragraph (1) of subsection (c), by striking 
                ``or preference status''; and
                    (D) in subsection (h), by striking ``or a petition 
                filed under subsection (a)(1)(B)(ii)''.

SEC. 4. COUNTRY LIMITS.

    Paragraph (2) of section 202(a) of the Immigration and Nationality 
Act (8 U.S.C. 1152(a)) is amended by striking ``7 percent (in the case 
of a single foreign state) or 2 percent'' and inserting ``10 percent 
(in the case of a single foreign state) or 5 percent''.

SEC. 5. FAMILY UNITY.

    (a) Exception to Prohibition on Unlawful Presence for Minors.--
Clause (iii) of section 212(a)(9)(B) of the Immigration and Nationality 
Act (8 U.S.C. 1182(a)(9)(B)) is amended--
            (1) in subclause (I), by striking ``18'' and inserting 
        ``21'';
            (2) by indenting subclause (V) 8 ems from the left margin; 
        and
            (3) by adding at the end the following:
                                    ``(VI) Clause (i) shall not apply 
                                to an alien for whom an immigrant visa 
                                is available or was available on or 
                                prior to the date of enactment of the 
                                Reuniting Families Act, and is 
                                otherwise admissible to the United 
                                States for permanent residence.''.
    (b) Waiver of Prohibition on Unlawful Presence for Children of 
Citizens and Residents.--Clause (v) of section 212(a)(9)(B) of the 
Immigration and Nationality Act (8 U.S.C. 1182(a)(9)(B)) is amended--
            (1) by striking ``spouse or son or daughter'' and inserting 
        ``spouse, son, daughter, or parent'';
            (2) by striking ``extreme'';
            (3) by inserting ``, son, daughter, or'' after ``lawfully 
        resident spouse''; and
            (4) by striking ``alien.'' and inserting ``alien or, if the 
        Attorney General determines that a waiver is necessary for 
        humanitarian purposes, to ensure family unity or is otherwise 
        in the public interest.''.
    (c) Exceptions to Prohibition on Unlawful Presence After Previous 
Immigration Violation.--Clause (ii) of section 212(a)(9)(C) of the 
Immigration and Nationality Act (8 U.S.C. 212(a)(9)(C)) is amended to 
read as follows:
                            ``(ii) Exceptions.--Clause (i) shall not 
                        apply to an alien--
                                    ``(I) seeking admission more than 
                                10 years after the date of the alien's 
                                last departure from the United States 
                                if, prior to the alien's reembarkation 
                                at a place outside the United States or 
                                attempt to be readmitted from a foreign 
                                contiguous territory, the Secretary of 
                                Homeland Security has consented to the 
                                alien's reapplying for admission; or
                                    ``(II) for whom an immigrant visa 
                                is available or was available on or 
                                prior to the date of enactment of the 
                                Reuniting Families Act, and is 
                                otherwise admissible to the United 
                                States for permanent residence.''.

SEC. 6. RELIEF FOR ORPHANS AND SPOUSES.

    (a) In General.--
            (1) Special rule for orphans and spouses.--In applying 
        clauses (iii) and (iv) of section 201(b)(2)(A) of the 
        Immigration and Nationality Act, as added by section 3(a), to 
        an alien whose citizen or lawful permanent resident relative 
        died before the date of the enactment of this Act, the alien 
        relative may (notwithstanding the deadlines specified in either 
        such clause) file the classification petition under clause (ii) 
        of section 204(a)(1)(A) of such Act, as amended by section 
        3(c)(4)(A)(i)(II), not later than 2 years after the date of the 
        enactment of this Act.
            (2) Eligibility for parole.--If an alien was excluded, 
        deported, removed, or departed voluntarily before the date of 
        the enactment of this Act based solely upon the alien's lack of 
        classification as an immediate relative (as defined in clause 
        (ii) of section 201(b)(2)(A) of the Immigration and Nationality 
        Act, as amended by section 3(a)) due to the death of such 
        citizen or resident--
                    (A) such alien shall be eligible for parole into 
                the United States pursuant to the Attorney General's 
                discretionary authority under section 212(d)(5) of such 
                Act (8 U.S.C. 1182(d)(5)); and
                    (B) such alien's application for adjustment of 
                status shall be considered notwithstanding section 
                212(a)(9) of such Act (8 U.S.C. 1182(a)(9)).
    (b) Adjustment of Status.--Section 245 of the Immigration and 
Nationality Act (8 U.S.C. 1255) is amended by adding at the end the 
following:
    ``(n) Application for Adjustment of Status by Surviving Spouses, 
Parents, and Children.--
            ``(1) In general.--Any alien described in paragraph (2) who 
        applies for adjustment of status before the death of the 
        qualifying relative, may have such application adjudicated as 
        if such death had not occurred.
            ``(2) Alien described.--An alien described in this 
        paragraph is an alien who--
                    ``(A) is an immediate relative (as described in 
                section 201(b)(2)(A));
                    ``(B) is a family-sponsored immigrant (as described 
                in subsection (a) or (d) of section 203); or
                    ``(C) is a derivative beneficiary of an employment-
                based immigrant under section 203(b) (as described in 
                section 203(d)).''.
    (c) Transition Period.--
            (1) In general.--Notwithstanding a denial of an application 
        for adjustment of status for an alien whose qualifying relative 
        died before the date of the enactment of this Act, such 
        application may be renewed by the alien through a motion to 
        reopen, without fee, if such motion is filed not later than 2 
        years after such date of enactment.
            (2) Eligibility for parole.--If an alien described in 
        section 245(n)(2), as amended by subsection (b), was excluded, 
        deported, removed or departed voluntarily before the date of 
        the enactment of this Act--
                    (A) such alien shall be eligible for parole into 
                the United States pursuant to the Attorney General's 
                discretionary authority under section 212(d)(5) of the 
                Immigration and Nationality Act (8 U.S.C. 1182(d)(5)); 
                and
                    (B) such alien's application for adjustment of 
                status shall be considered notwithstanding section 
                212(a)(9) of such Act (8 U.S.C. 1182(a)(9)).
    (d) Processing of Immigrant Visas and Derivative Petitions.--
            (1) In general.--Subsection (b) of section 204 of the 
        Immigration and Nationality Act (8 U.S.C. 1154) is amended--
                    (A) by striking ``After an investigation'' and 
                inserting the following:
            ``(1) In general.--After an investigation''; and
                    (B) by adding at the end the following:
            ``(2) Death of qualifying relative.--
                    ``(A) In general.--Any alien described in paragraph 
                (2) whose qualifying relative died before the 
                completion of immigrant visa processing may have an 
                immigrant visa application adjudicated as if such death 
                had not occurred. An immigrant visa issued before the 
                death of the qualifying relative shall remain valid 
                after such death.
                    ``(B) Alien described.--An alien described in this 
                paragraph is an alien who--
                            ``(i) is an immediate relative, as 
                        described in section 201(b)(2)(A);
                            ``(ii) is a family-sponsored immigrant, as 
                        described in subsection (a) or (d) of section 
                        203;
                            ``(iii) is a derivative beneficiary of an 
                        employment-based immigrant under section 
                        203(b), as described in section 203(d); or
                            ``(iv) is the spouse or child of a refugee, 
                        as described in section 207(c)(2) or an asylee, 
                        as described in section 208(b)(3).''.
            (2) Transition period.--
                    (A) In general.--Notwithstanding a denial or 
                revocation of an application for an immigrant visa for 
                an alien whose qualifying relative died before the date 
                of the enactment of this Act, such application may be 
                renewed by the alien through a motion to reopen, 
                without fee, if such motion is filed not later than 2 
                years after such date of enactment.
                    (B) Inapplicability of bars to entry.--In the case 
                of an alien who was excluded, deported, removed, or 
                departed voluntarily before the date of the enactment 
                of this Act, such alien's application for an immigrant 
                visa shall be considered notwithstanding section 
                212(a)(9) of the Immigration and Nationality Act (8 
                U.S.C. 1182(a)(9)).
    (e) Naturalization.--Subsection (a) of section 319 of the 
Immigration and Nationality Act (8 U.S.C. 1430) is amended by inserting 
``(or, if the spouse is deceased, the spouse was a citizen of the 
United States)'' after ``citizen of the United States''.

SEC. 7. EXEMPTION FROM IMMIGRANT VISA LIMIT FOR CERTAIN VETERANS WHO 
              ARE NATIVES OF PHILIPPINES.

    Paragraph (1) of section 201(b) of the Immigration and Nationality 
Act (8 U.S.C. 1151(b)) is amended by adding at the end the following:
            ``(F) Aliens who are eligible for an immigrant visa under 
        paragraph (1) or (3) of section 203(a) and who have a parent 
        who was naturalized pursuant to section 405 of the Immigration 
        Act of 1990 (8 U.S.C. 1440 note).''.
                                 <all>