[Congressional Record Volume 165, Number 163 (Wednesday, October 16, 2019)]
[Senate]
[Pages S5843-S5845]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
By Mr. DURBIN (for himself, Mr. Leahy, and Ms. Hirono):
S. 2603. A bill to amend the Immigration and Nationality Act to end
the immigrant visa backlog, and for other purposes; to the Committee on
the Judiciary.
Mr. DURBIN. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 2603
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 ``Resolving Extended Limbo for
Immigrant Employees and Families Act'' or the ``RELIEF Act''.
SEC. 2. NUMERICAL LIMITATION TO ANY SINGLE FOREIGN STATE.
(a) In General.--Section 202(a)(2) of the Immigration and
Nationality Act (8 U.S.C. 1152(a)(2)) is amended--
(1) in the paragraph heading, by striking ``and employment-
based'';
(2) by striking ``(3), (4), and (5),'' and inserting ``(3)
and (4),'';
(3) by striking ``subsections (a) and (b) of section 203''
and inserting ``section 203(a)'';
(4) by striking ``7'' and inserting ``15''; and
(5) by striking ``such subsections'' and inserting ``such
section''.
(b) Conforming Amendments.--Section 202 of the Immigration
and Nationality Act (8 U.S.C. 1152) is amended--
(1) in subsection (a)(3), by striking ``both subsections
(a) and (b) of section 203'' and inserting ``section
203(a)'';
(2) by striking subsection (a)(5); and
(3) by amending subsection (e) to read as follows:
``(e) Special Rules for Countries at Ceiling.--If it is
determined that the total number of immigrant visas made
available under section 203(a) to natives of any single
foreign state or dependent area will exceed the numerical
limitation specified in subsection (a)(2) in any fiscal year,
in determining the allotment of immigrant visa numbers to
natives under section 203(a), visa numbers with respect to
natives of that state or area shall be allocated (to the
extent practicable and otherwise consistent with this section
and section 203) in a manner so that, except as provided in
subsection (a)(4), the proportion of the visa numbers made
available under each of paragraphs (1) through (4) of section
203(a) is equal to the ratio of the total number of visas
made available under the respective paragraph to the total
number of visas made available under section 203(a).''.
(c) Country-Specific Offset.--Section 2 of the Chinese
Student Protection Act of 1992 (8 U.S.C. 1255 note) is
amended--
(1) in subsection (a), by striking ``subsection (e))'' and
inserting ``subsection (d))''; and
(2) by striking subsection (d) and redesignating subsection
(e) as subsection (d).
(d) Effective Date.--The amendments made by this section
shall take effect as if enacted on September 30, 2019, and
shall apply to fiscal years beginning with fiscal year 2020.
(e) Transition Rules for Employment-Based Immigrants.--
[[Page S5844]]
(1) In general.--Subject to the succeeding paragraphs of
this subsection and notwithstanding title II of the
Immigration and Nationality Act (8 U.S.C. 1151 et seq.), the
following rules shall apply:
(A) For fiscal year 2020, 15 percent of the immigrant visas
made available under each of paragraphs (2), (3), and (5) of
section 203(b) of such Act (8 U.S.C. 1153(b)) shall be
allotted to immigrants who are natives of a foreign state or
dependent area that is not one of the two states with the
largest aggregate numbers of natives who are beneficiaries of
approved petitions for immigrant status under such
paragraphs.
(B) For fiscal year 2021, 10 percent of the immigrant visas
made available under each of such paragraphs shall be
allotted to immigrants who are natives of a foreign state or
dependent area that is not one of the two states with the
largest aggregate numbers of natives who are beneficiaries of
approved petitions for immigrant status under such
paragraphs.
(C) For fiscal year 2022, 10 percent of the immigrant visas
made available under each of such paragraphs shall be
allotted to immigrants who are natives of a foreign state or
dependent area that is not one of the two states with the
largest aggregate numbers of natives who are beneficiaries of
approved petitions for immigrant status under such
paragraphs.
(2) Per-country levels.--
(A) Reserved visas.--With respect to the visas reserved
under each of subparagraphs (A) through (C) of paragraph (1),
the number of such visas made available to natives of any
single foreign state or dependent area in the appropriate
fiscal year may not exceed 25 percent (in the case of a
single foreign state) or 2 percent (in the case of a
dependent area) of the total number of such visas.
(B) Unreserved visas.--With respect to the immigrant visas
made available under each of paragraphs (2), (3), and (5) of
section 203(b) of such Act (8 U.S.C. 1153(b)) and not
reserved under paragraph (1), for each of fiscal years 2020,
2021, and 2022, not more than 85 percent shall be allotted to
immigrants who are natives of any single foreign state.
(3) Special rule to prevent unused visas.--If, with respect
to fiscal year 2020, 2021, or 2022, the operation of
paragraphs (1) and (2) of this subsection would prevent the
total number of immigrant visas made available under
paragraph (2) or (3) of section 203(b) of such Act (8 U.S.C.
1153(b)) from being issued, such visas may be issued during
the remainder of such fiscal year without regard to
paragraphs (1) and (2) of this subsection.
(4) Transition rule for currently approved beneficiaries.--
(A) In general.--Notwithstanding section 202 of the
Immigration and Nationality Act, as amended by this Act,
immigrant visas under section 203(b) of the Immigration and
Nationality Act (8 U.S.C. 1153(b)) shall be allocated such
that no alien described in subparagraph (B) receives a visa
later than the alien otherwise would have received said visa
had this Act not been enacted.
(B) Alien described.--An alien is described in this
subparagraph if the alien is the beneficiary of a petition
for an immigrant visa under section 203(b) of the Immigration
and Nationality Act (8 U.S.C. 1153(b)) that was approved
prior to the date of enactment of this Act.
(5) Rules for chargeability.--Section 202(b) of such Act (8
U.S.C. 1152(b)) shall apply in determining the foreign state
to which an alien is chargeable for purposes of this
subsection.
(6) Ensuring availability of immigrant visas.--For each of
fiscal years 2020 through 2024, notwithstanding sections 201
and 202 of the Immigration and Nationality Act (8 U.S.C.
1151, 1152), as amended by this Act, additional immigrant
visas under section 203 of the Immigration and Nationality
Act (8 U.S.C. 1153) shall be made available and allocated--
(A) such that no alien who is a beneficiary of a petition
for an immigrant visa under such section 203 receives a visa
later than the alien otherwise would have received such visa
had this Act not been enacted; and
(B) to permit all visas to be distributed in accordance
with this section.
SEC. 3. ENDING IMMIGRANT VISA BACKLOG.
(a) In General.--In addition to any immigrant visa made
available under the Immigration and Nationality Act (8 U.S.C.
1101 et seq.), as amended by this Act, subject to paragraphs
(1) and (2), the Secretary of State shall make immigrant
visas available to--
(1) aliens who are beneficiaries of petitions filed under
subsection (b) of section 203 of such Act (8 U.S.C. 1153)
before the date of the enactment of this Act; and
(2) aliens who are beneficiaries of petitions filed under
subsection (a) of such section before the date of the
enactment of this Act.
(b) Allocation of Visas.--The visas made available under
this section shall be allocated as follows:
(1) Employment-sponsored immigrant visas.--In each of
fiscal years 2020 through 2024, the Secretary of State shall
allocate to aliens described in subsection (a)(1) a number of
immigrant visas equal to 1/5 of the number of aliens
described in such subsection the visas of whom have not been
issued as of the date of the enactment of this Act.
(2) Family-sponsored immigrant visas.--In each of fiscal
years 2020 through 2024, the Secretary of State shall
allocate to aliens described in subsection (a)(2) a number of
immigrant visas equal to 1/5 of the difference between--
(A) the number of aliens described in such subsection the
visas of whom have not been issued as of the date of the
enactment of this Act; and
(B) the number of aliens described in subsection (a)(1).
(c) Order of Issuance for Previously Filed Applications.--
The visas made available under this section shall be issued
in accordance with section 202 of the Immigration and
Nationality Act (8 U.S.C. 1152), as amended by this Act, in
the order in which the petitions under section 203 of such
Act (8 U.S.C. 1153) were filed.
SEC. 4. KEEPING AMERICAN FAMILIES TOGETHER.
(a) Reclassification of Spouses and Minor Children of
Lawful Permanent Residents as Immediate Relatives and
Exemption of Derivatives.--The Immigration and Nationality
Act (8 U.S.C. 1101 et seq.) is amended--
(1) in section 201(b) (8 U.S.C. 1151(b))--
(A) in paragraph (1), by adding at the end the following:
``(F) Aliens who derive status under section 203(d).''; and
(B) by amending paragraph (2) to read as follows:
``(2)(A) Immediate relatives.--Aliens who are immediate
relatives.
``(B) Definition of immediate relative.--In this paragraph,
the term `immediate relative' means--
``(i) a child, spouse, or parent of a citizen of the United
States, except that in the case of such a parent such citizen
shall be at least 21 years of age;
``(ii) a child or spouse of an alien lawfully admitted for
permanent residence;
``(iii) a child or spouse of an alien described in clause
(i), who is accompanying or following to join the alien;
``(iv) a child or spouse of an alien described in clause
(ii), who is accompanying or following to join the alien;
``(v) an alien admitted under section 211(a) on the basis
of a prior issuance of a visa to the alien's accompanying
parent who is an immediate relative; and
``(vi) an alien born to an alien lawfully admitted for
permanent residence during a temporary visit abroad.
``(C) Treatment of spouse and children of deceased citizen
or lawful permanent resident.--If an alien who was the spouse
or child of a citizen of the United States or of an alien
lawfully admitted for permanent residence and was not legally
separated from the citizen or lawful permanent resident at
the time of the citizen's or lawful permanent resident's
death files a petition under section 204(a)(1)(B), the alien
spouse (and each child of the alien) shall remain, for
purposes of this paragraph, an immediate relative during the
period beginning on the date of the citizen's or permanent
resident's death and ending on the date on which the alien
spouse remarries.
``(D) Protection of victims of abuse.--An alien who has
filed a petition under clause (iii) or (iv) of section
204(a)(1)(A) shall remain, for purposes of this paragraph, an
immediate relative if the United States citizen or lawful
permanent resident spouse or parent loses United States
citizenship on account of the abuse.''; and
(2) in section 203(a) (8 U.S.C. 1153(a))--
(A) in paragraph (1), by striking ``23,400'' and inserting
``111,334''; and
(B) by amending paragraph (2) to read as follows:
``(2) Unmarried sons and unmarried daughters of lawful
permanent residents.--Qualified immigrants who are the
unmarried sons or unmarried daughters (but are not the
children) of aliens lawfully admitted for permanent residence
shall be allocated visas in a number not to exceed 26,266,
plus--
``(A) the number of visas by which the worldwide level
exceeds 226,000; and
``(B) the number of visas not required for the class
specified in paragraph (1).''.
(b) Protecting Children From Aging Out.--Section 203(h) of
the Immigration and Nationality Act (8 U.S.C. 1153(h)) is
amended--
(1) by amending paragraph (1) to read as follows:
``(1) In general.--For purposes of subsection (d), a
determination of whether an alien satisfies the age
requirement in the matter preceding subparagraph (A) of
section 101(b)(1) shall be made using the age of the alien on
the date on which the petition is filed with the Secretary of
Homeland Security under section 204.'';
(2) by amending paragraph (2) to read as follows:
``(2) Petitions described.--A petition described in this
paragraph is a petition filed under section 204 for
classification of--
``(A) the alien's parent under subsection (a), (b), or (c);
or
``(B) the alien as an immediate relative based on
classification as a child of--
``(i) a citizen of the United States; or
``(ii) a lawful permanent resident.'';
(3) in paragraph (3), by striking ``subsections (a)(2)(A)
and'' and inserting ``subsection''; and
(4) by adding at the end the following:
``(5) Treatment for nonimmigrant categories purposes.--An
alien dependent treated as a child for immigrant visa
purposes under this subsection shall be treated as a
dependent child for nonimmigrant categories.''.
(c) Conforming Amendments.--
[[Page S5845]]
(1) Definitions.--Section 101(a)(15)(K)(ii) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(K)(ii))
is amended by striking ``section 201(b)(2)(A)(i)'' and
inserting ``section 201(b)(2) (other than clause (v) or (vi)
of subparagraph (B))''.
(2) 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 so redesignated, by striking
``through (3)'' and inserting ``and (2)''.
(3) Per country level.--Section 202(a)(1)(A) of the
Immigration and Nationality Act (8 U.S.C. 1152(a)(1)(A)) is
amended by striking ``section 201(b)(2)(A)(i)'' and inserting
``section 201(b)(2) (other than clause (v) or (vi) of
subparagraph (B))''.
(4) Numerical limitation to any single foreign state.--
Section 202(a)(4) (8 U.S.C. 1152(a)(4)) is amended--
(A) by striking subparagraphs (A) and (B);
(B) by redesignating subparagraphs (C) and (D) as
subparagraphs (A) and (B), respectively; and
(C) in subparagraph (A), as so redesignated--
(i) by striking the undesignated matter following clause
(ii);
(ii) by striking clause (ii);
(iii) in clause (i), by striking ``, or'' and inserting a
period; and
(iv) in the matter preceding clause (i), by striking
``section 203(a)(2)(B) may not exceed'' and all that follows
through ``23 percent'' in clause (i) and inserting ``section
203(a)(2) may not exceed 23 percent''.
(5) Procedures for granting immigrant status.--Section 204
of the Immigration and Nationality Act (8 U.S.C. 1154) is
amended--
(A) in subsection (a)--
(i) in paragraph (1)--
(I) in subparagraph (A)--
(aa) in clause (i), by striking ``section 201(b)(2)(A)(i)''
and inserting ``clause (i) or (ii) of section 201(b)(2)(B)'';
(bb) in clause (ii), by striking ``the second sentence of
section 201(b)(2)(A)(i)'' and inserting ``section
201(b)(2)(C)'';
(cc) by amending clause (iii) to read as follows:
``(iii)(I) An alien who is described in clause (ii) may
file a petition with the Secretary of Homeland Security under
this subparagraph for classification of the alien (and any
child of the alien) if the alien demonstrates to the
Secretary that--
``(aa) the marriage or the intent to marry the citizen of
the United States or lawful permanent resident was entered
into in good faith by the alien; and
``(bb) during the marriage or relationship intended by the
alien to be legally a marriage, the alien or a child of the
alien has been battered or has been the subject of extreme
cruelty perpetrated by the alien's spouse or intended spouse.
``(II) For purposes of subclause (I), an alien described in
this subclause is an alien--
``(aa)(AA) who is the spouse of a citizen of the United
States or lawful permanent resident;
``(BB) who believed that he or she had married a citizen of
the United States or lawful permanent resident and with whom
a marriage ceremony was actually performed and who otherwise
meets any applicable requirements under this Act to establish
the existence of and bona fides of a marriage, but whose
marriage is not legitimate solely because of the bigamy of
such citizen of the United States or lawful permanent
resident; or
``(CC) who was a bona fide spouse of a citizen of the
United States or a lawful permanent resident within the past
2 years and whose spouse died within the past 2 years, whose
spouse renounced citizenship status or renounced or lost
status as a lawful permanent resident within the past 2 years
related to an incident of domestic violence, or who
demonstrates a connection between the legal termination of
the marriage within the past 2 years and battering or extreme
cruelty by a spouse who is a citizen of the United States or
a lawful permanent resident spouse;
``(bb) who is a person of good moral character;
``(cc) who is eligible to be classified as an immediate
relative under section 201(b)(2)(B) or who would have been so
classified but for the bigamy of the citizen of the United
States or lawful permanent resident that the alien intended
to marry; and
``(dd) who has resided with the alien's spouse or intended
spouse.'';
(dd) by amending clause (iv) to read as follows:
``(iv) An alien who is the child of a citizen or lawful
permanent resident of the United States, or who was a child
of a United States citizen or lawful permanent resident
parent who within the past 2 years lost or renounced
citizenship status related to an incident of domestic
violence, and who is a person of good moral character, who is
eligible to be classified as an immediate relative under
section 201(b)(2)(B), and who resides, or has resided in the
past, with the citizen or lawful permanent resident parent
may file a petition with the Secretary of Homeland Security
under this subparagraph for classification of the alien (and
any child of the alien) under such section if the alien
demonstrates to the Secretary that the alien has been
battered by or has been the subject of extreme cruelty
perpetrated by the alien's citizen or lawful permanent
resident parent. For purposes of this clause, residence
includes any period of visitation.''; and
(ee) in clause (v)(I), in the matter preceding item (aa),
by inserting ``or lawful permanent resident'' after
``citizen'';
(ff) in clause (vi), by striking ``renunciation of
citizenship'' and all that follows through ``citizenship
status'' and inserting ``renunciation of citizenship or
lawful permanent resident status, death of the abuser,
divorce, or changes to the abuser's citizenship or lawful
permanent resident status''; and
(gg) in clause (vii), by striking ``section
201(b)(2)(A)(i)'' each place it appears and inserting
``section 201(b)(2)(B)'';
(II) by amending subparagraph (B) to read as follows:
``(B)(i)(I) Except as provided in subclause (II), any alien
lawfully admitted for permanent residence claiming that an
alien is entitled to a classification by reason of the
relationship described in section 203(a)(2) may file a
petition with the Attorney General for such classification.
``(II) Subclause (I) shall not apply in the case of an
alien lawfully admitted for permanent residence who has been
convicted of a specified offense against a minor (as defined
in subparagraph (A)(viii)(II)), unless the Secretary of
Homeland Security, in the Secretary's sole and unreviewable
discretion, determines that such person poses no risk to the
alien with respect to whom a petition described in subclause
(I) is filed.
``(ii) An alien who was the child of a lawful permanent
resident who within the past 2 years lost lawful permanent
resident status due to an incident of domestic violence, and
who is a person of good moral character, who is eligible for
classification under section 203(a)(2), and who resides, or
has resided in the past, with the alien's permanent resident
alien parent may file a petition with the Secretary of
Homeland Security under this subparagraph for classification
of the alien (and any child of the alien) under such section
if the alien demonstrates to the Secretary that the alien has
been battered by or has been the subject of extreme cruelty
perpetrated by the alien's permanent resident parent.
``(iii)(I) For purposes of a petition filed or approved
under clause (ii), the loss of lawful permanent resident
status by a parent after the filing of a petition under that
clause shall not adversely affect approval of the petition,
and for an approved petition, shall not affect the alien's
ability to adjust status under subsections (a) and (c) of
section 245 or obtain status as a lawful permanent resident
based on an approved self-petition under clause (ii).
``(II) Upon the lawful permanent resident parent becoming
or establishing the existence of United States citizenship
through naturalization, acquisition of citizenship, or other
means, any petition filed with the Secretary of Homeland
Security and pending or approved under clause (ii) on behalf
of an alien who has been battered or subjected to extreme
cruelty shall be deemed reclassified as a petition filed
under subparagraph (A) even if the acquisition of citizenship
occurs the termination of parental rights.''; and
(III) in subparagraph (D)(i)(I), by striking ``paragraph
(1), (2), or (3)'' and inserting ``paragraph (1) or (3)'';
and
(ii) in paragraph (2)--
(I) by striking ``spousal second preference petition'' each
place it appears and inserting ``petition for the spouse of
an alien lawfully admitted for permanent residence''; and
(II) in the undesignated matter following subparagraph
(A)(ii), by striking ``preference status under section
203(a)(2)'' and inserting ``classification as an immediate
relative under section 201(b)(2)(B)(ii)'';
(B) in subsection (c)(1), by striking ``or preference
status''; and
(C) in subsection (k)(1), by striking ``203(a)(2)(B)'' and
inserting ``203(a)(2)''.
(6) Excludable aliens.--Section 212(d)(12)(B) of the
Immigration and Nationality Act (8 U.S.C. 1182(d)(12)(B)) is
amended by striking ``section 201(b)(2)(A)'' and inserting
``section 201(b)(2) (other than subparagraph (B)(vi))''.
(7) Admission of nonimmigrants.--Section 214(r)(3)(A) of
the Immigration and Nationality Act (8 U.S.C. 1184(r)(3)(A))
is amended by striking ``section 201(b)(2)(A)(i)'' and
inserting ``section 201(b)(2) (other than clause (v) or (vi)
of subparagraph (B)).''
(8) Definition of alien spouse.--Section 216(h)(1)(A) of
the Immigration and Nationality Act (8 U.S.C. 1186a(h)(1)(A))
is amended by inserting ``or an alien lawfully admitted for
permanent residence'' after ``United States''.
(9) Refugee crisis in iraq act of 2007.--Section 1243(a)(4)
of the Refugee Crisis in Iraq Act of 2007 (Public Law 110-
118; 8 U.S.C. 1157 note) is amended by striking ``section
201(b)(2)(A)(i)'' and inserting ``section 201(b)(2) (other
than clause (v) or (vi) of subparagraph (B))''.
(10) Processing of visa applications.--Section 233(b)(1) of
the Department of State Authorization Act, Fiscal Year 2003
(Public Law 107-228; 8 U.S.C. 1201 note) is amended by
striking ``section 201(b)(2)(A)(i)'' and inserting ``section
201(b)(2) (other than clause (v) or (vi) of subparagraph
(B))''.
______