[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1300 Engrossed in Senate (ES)]

114th CONGRESS
  1st Session
                                S. 1300

_______________________________________________________________________

                                 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.''.

            Passed the Senate July 14, 2015.

            Attest:

                                                             Secretary.
114th CONGRESS

  1st Session

                                S. 1300

_______________________________________________________________________

                                 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.