[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1300 Enrolled Bill (ENR)]
S.1300
One Hundred Fourteenth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the sixth day of January, two thousand and fifteen
An Act
To amend the section 221 of the Immigration and Nationality Act to
provide relief for adoptive families from immigrant visa fees in certain
situations.
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 ``Adoptive Family Relief Act''.
SEC. 2. WAIVER OF FEES FOR RENEWAL OF IMMIGRANT VISA FOR ADOPTED CHILD
IN CERTAIN SITUATIONS.
Section 221(c) of the Immigration and Nationality Act (8 U.S.C.
1201(c)) is amended to read as follows:
``(c) Period of Validity; Renewal or Replacement.--
``(1) Immigrant visas.--An immigrant visa shall be valid for
such period, not exceeding six months, as shall be by regulations
prescribed, except that any visa issued to a child lawfully adopted
by a United States citizen and spouse while such citizen is serving
abroad in the United States Armed Forces, or is employed abroad by
the United States Government, or is temporarily abroad on business,
shall be valid until such time, for a period not to exceed three
years, as the adoptive citizen parent returns to the United States
in due course of his service, employment, or business.
``(2) Nonimmigrant visas.--A nonimmigrant visa shall be valid
for such periods as shall be by regulations prescribed. In
prescribing the period of validity of a nonimmigrant visa in the
case of nationals of any foreign country who are eligible for such
visas, the Secretary of State shall, insofar as practicable, accord
to such nationals the same treatment upon a reciprocal basis as
such foreign country accords to nationals of the United States who
are within a similar class; except that in the case of aliens who
are nationals of a foreign country and who either are granted
refugee status and firmly resettled in another foreign country or
are granted permanent residence and residing in another foreign
country, the Secretary of State may prescribe the period of
validity of such a visa based upon the treatment granted by that
other foreign country to alien refugees and permanent residents,
respectively, in the United States.
``(3) Visa replacement.--An immigrant visa may be replaced
under the original number during the fiscal year in which the
original visa was issued for an immigrant who establishes to the
satisfaction of the consular officer that the immigrant--
``(A) was unable to use the original immigrant visa during
the period of its validity because of reasons beyond his
control and for which he was not responsible;
``(B) is found by a consular officer to be eligible for an
immigrant visa; and
``(C) pays again the statutory fees for an application and
an immigrant visa.
``(4) Fee waiver.--If an immigrant visa was issued, on or after
March 27, 2013, for a child who has been lawfully adopted, or who
is coming to the United States to be adopted, by a United States
citizen, any statutory immigrant visa fees relating to a renewal or
replacement of such visa may be waived or, if already paid, may be
refunded upon request, subject to such criteria as the Secretary of
State may prescribe, if--
``(A) the immigrant child was unable to use the original
immigrant visa during the period of its validity as a direct
result of extraordinary circumstances, including the denial of
an exit permit; and
``(B) if such inability was attributable to factors beyond
the control of the adopting parent or parents and of the
immigrant.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.