[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1085 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 1085

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 20, 2009

   Mr. Menendez (for himself, Mrs. Gillibrand, Mr. Kennedy, and Mr. 
   Schumer) 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 Family-Sponsored Immigrants.--Section 201(c) 
of the Immigration and Nationality Act (8 U.S.C. 1151(c)) 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 the sum of--
                    ``(A) 480,000; and
                    ``(B) the sum of--
                            ``(i) the number computed under paragraph 
                        (2); and
                            ``(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 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 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.''.
    (b) Worldwide Level of Employment-Based Immigrants.--Section 201(d) 
of the Immigration and Nationality Act (8 U.S.C. 1151(d)) 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;
                    ``(B) the number computed under paragraph (2); and
                    ``(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 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 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.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date which is 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.--Section 201(b)(2) of the Immigration and 
Nationality Act (8 U.S.C. 1151(b)(2)) 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 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) 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.
                            ``(iv) 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.
                            ``(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.--Section 203(a) of the 
Immigration and Nationality Act (8 U.S.C. 1153(a)) 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.--Section 201(f) of the Immigration and 
        Nationality Act (8 U.S.C. 1151(f)) 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 subsection (a)(4)--
                            (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.--Section 203(h) of the 
        Immigration and Nationality Act (8 U.S.C. 1153(h)) 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) by amending paragraph (2) to read as follows:
            ``(2) Petitions described.--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 
                                ``citizen'';
                                    (II) in clause (ii), by striking 
                                ``described in the second sentence of 
                                section 201(b)(2)(A)(i) also'' and 
                                inserting ``, alien child, or alien 
                                parent described in section 
                                201(b)(2)(A)'';
                                    (III) in clause (iii)--
                                            (aa) in subclause (I)(aa), 
                                        by inserting ``or legal 
                                        permanent resident'' after 
                                        ``citizen''; and
                                            (bb) in subclause 
                                        (II)(aa)--

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

                                                    (BB) in subitem 
                                                (CC), by inserting ``or 
                                                legal permanent 
                                                resident'' after 
                                                ``citizen'' each place 
                                                that term appears; and

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

                                    (IV) in clause (iv), by inserting 
                                ``or legal permanent resident'' after 
                                ``citizen'' each place that term 
                                appears;
                                    (V) in clause (v)(I), 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) in subsection (a), by striking paragraph (2);
                    (C) in subsection (c)(1), 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.

    Section 202(a)(2) of the Immigration and Nationality Act (8 U.S.C. 
1152(a)(2)) 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. PROMOTING FAMILY UNITY.

    Section 212(a)(9) of the Immigration and Nationality Act (8 U.S.C. 
1182(a)(9)) is amended--
            (1) in subparagraph (B)--
                    (A) in clause (iii)--
                            (i) in subclause (I), by striking ``18 
                        years of age'' and inserting ``21 years of 
                        age'';
                            (ii) by moving subclause (V) 4 ems to the 
                        right; and
                            (iii) 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 
                                before the date of the enactment of the 
                                Reuniting Families Act, and is 
                                otherwise admissible to the United 
                                States for permanent residence.''; and
                    (B) in clause (v)--
                            (i) by striking ``spouse or son or 
                        daughter'' and inserting ``spouse, son, 
                        daughter, or parent'';
                            (ii) by striking ``extreme'';
                            (iii) by inserting ``, son, daughter, or'' 
                        after ``lawfully resident spouse''; and
                            (iv) 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.''; and
            (2) in subparagraph (C), by amending clause (ii) 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 reapplication for admission; or
                                    ``(II) for whom an immigrant visa 
                                is available or was available on or 
                                before the date of the enactment of the 
                                Reuniting Families Act, and is 
                                otherwise admissible to the United 
                                States for permanent residence.''.

SEC. 6. RELIEF FOR ORPHANS, WIDOWS, AND WIDOWERS.

    (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 file the classification petition under section 
        204(a)(1)(A)(ii) 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 section 
        201(b)(2)(A)(i) 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.--An 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) of the Immigration and Nationality Act, as 
        added 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.--Section 204(b) of the Immigration and 
        Nationality Act (8 U.S.C. 1154(b)) 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 
                subparagraph (B) 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 
                subparagraph 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.--
                Notwithstanding section 212(a)(9) of the Immigration 
                and Nationality Act (8 U.S.C. 1182(a)(9)), an alien's 
                application for an immigrant visa shall be considered 
                if the alien was excluded, deported, removed, or 
                departed voluntarily before the date of the enactment 
                of this Act.
    (e) Naturalization.--Section 319(a) of the Immigration and 
Nationality Act (8 U.S.C. 1430(a)) 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.

    Section 201(b)(1) of the Immigration and Nationality Act (8 U.S.C. 
1151(b)(1)) 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).''.

SEC. 8. FIANCEE CHILD STATUS PROTECTION.

    (a) Definition.--Section 101(a)(15)(K)(iii) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(15)(K)(iii)) is amended by inserting 
``, provided that a determination of the age of such minor child is 
made using the age of the alien on the date on which the petition is 
filed with the Secretary of Homeland Security to classify the alien's 
parent as the fiancee or fiance of a United States citizen (in the case 
of an alien parent described in clause (i)) or as the spouse of a 
United States citizen under section 201(b)(2)(A)(i) (in the case of an 
alien parent described in clause (ii));'' before the semicolon at the 
end.
    (b) Adjustment of Status Authorized.--Section 214(d) of the 
Immigration and Nationality Act (8 U.S.C. 1184(d)(1)) is amended--
            (1) by redesignating paragraphs (2) and (3) as paragraphs 
        (3) and (4), respectively; and
            (2) in paragraph (1), by striking ``In the event'' and 
        inserting the following:
    ``(2)(A) If an alien does not marry the petitioner under paragraph 
(1) within 3 months after the alien and the alien's minor children are 
admitted into the United States, such alien and children shall be 
required to depart from the United States. If such aliens fail to 
depart from the United States, they shall be removed in accordance with 
sections 240 and 241.
    ``(B) Subject to subparagraphs (C) and (D), if an alien marries the 
petitioner described in section 101(a)(15)(K)(i) within 3 months after 
the alien is admitted into the United States, the Secretary of Homeland 
Security or the Attorney General, subject to the provisions of section 
245(d), may adjust the status of the alien, and any minor children 
accompanying or following to join the alien, to that of an alien 
lawfully admitted for permanent residence on a conditional basis under 
section 216 if the alien and any such minor children apply for such 
adjustment and are not determined to be inadmissible to the United 
States.
    ``(C) Paragraphs (5) and (7)(A) of section 212(a) shall not apply 
to an alien who is eligible to apply for adjustment of his or her 
status to an alien lawfully admitted for permanent residence under this 
section.
    ``(D) An alien eligible for a waiver of inadmissibility as 
otherwise authorized under this Act shall be permitted to apply for 
adjustment of his or her status to that of an alien lawfully admitted 
for permanent residence under this section.''.
    (c) Age Determination.--Section 245(d) of the Immigration and 
Nationality Act (8 U.S.C. 1155(d)) is amended--
            (1) by inserting ``(1)'' before ``The Attorney General''; 
        and
            (2) by adding at the end the following:
    ``(2) A determination of the age of an alien admitted to the United 
States under section 101(a)(15)(K)(iii) shall be made, for purposes of 
adjustment to the status of an alien lawfully admitted for permanent 
residence on a conditional basis under section 216, using the age of 
the alien on the date on which the petition is filed with the Secretary 
of Homeland Security to classify the alien's parent as the fiancee or 
fiance of a United States citizen (in the case of an alien parent 
admitted to the United States under section 101(a)(15)(K)(i)) or as the 
spouse of a United States citizen under section 201(b)(2)(A)(i) (in the 
case of an alien parent admitted to the United States under section 
101(a)(15)(K)(ii)).''.
    (d) Effective Date.--
            (1) In general.--The amendments made by this section shall 
        be effective as if included in the Immigration Marriage Fraud 
        Amendments of 1986 (Public Law 99-639).
            (2) Applicability.--The amendments made by this section 
        shall apply to all petitions or applications described in such 
        amendments that--
                    (A) are pending as of the date of the enactment of 
                this Act; or
                    (B) have been denied, but would have been approved 
                if such amendments had been in effect at the time of 
                adjudication of the petition or application.
            (3) Motion to reopen or reconsider.--A motion to reopen or 
        reconsider a petition or application described in paragraph 
        (2)(B) shall be granted if such motion is filed with the 
        Secretary of Homeland Security or the Attorney General not 
        later than 2 years after the date of the enactment of this Act.

SEC. 9. EQUAL TREATMENT FOR ALL STEPCHILDREN.

    Section 101(b)(1)(B) of the Immigration and Nationality Act (8 
U.S.C. 1101(b)(1)(B)) is amended by striking ``, provided the child had 
not reached the age of eighteen years at the time the marriage creating 
the status of stepchild occurred''.
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