[Congressional Record Volume 168, Number 158 (Thursday, September 29, 2022)]
[Senate]
[Pages S5701-S5702]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 6165. Mr. PADILLA (for himself, Mr. Paul, Mr. Blunt, Mr. Cramer,
Mr. King, Mr. Durbin, Ms. Klobuchar, Mr. Rounds, and Ms. Collins)
submitted an amendment intended to be proposed to amendment SA 5499
submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be
proposed to the bill H.R. 7900, to authorize appropriations for fiscal
year 2023 for military activities of the Department of Defense, for
military construction, and for defense activities of the Department of
Energy, to prescribe military personnel strengths for such fiscal year,
and for other purposes; which was ordered to lie on the table; as
follows:
At the appropriate place, insert the following:
SEC. ___. IMMIGRATION AGE-OUT PROTECTIONS.
(a) Age-out Protections for Immigrants.--
(1) In general.--Section 101(b) of the Immigration and
Nationality Act (8 U.S.C. 1101(b)) is amended by adding at
the end the following:
``(6) A determination of whether an alien is a child shall
be made as follows:
``(A) For purposes of a petition under section 204 and a
subsequent application for an immigrant visa or adjustment of
status, such determination shall be made using the age of the
alien on the date that is the priority date for the principal
beneficiary and all derivative beneficiaries under section
203(h).
``(B) For purposes of a petition under section 214(d) and a
subsequent application for adjustment of status under section
245(d), such determination shall be made using the age of the
alien on the date on which the petition is filed with the
Secretary of Homeland Security.
``(C) In the case of a petition under section 204 filed for
an alien's classification as a married son or daughter of a
United States citizen under section 203(a)(3), if the
petition is later converted, due to the legal termination of
the alien's marriage, to a petition to classify the alien as
an immediate relative under section 201(b)(2)(A)(i) or as an
unmarried son or daughter of a United States citizen under
section 203(a)(1), the determination of the alien's age shall
be made using the age of the alien on the date of the
termination of the marriage.
``(D) For an alien who was in status as a dependent child
of a nonimmigrant pursuant to an approved employment-based
petition under section 214 or an approved application under
section 101(a)(15)(E) for an aggregate period of eight years
prior to the age of 21, notwithstanding subparagraphs (A)
through (C), the alien's age shall be based on the date that
such initial nonimmigrant employment-based petition or
application was filed.
``(E) For an alien who has not sought to acquire status of
an alien lawfully admitted for permanent residence within two
years of an immigrant visa number becoming available to such
alien, the alien's age shall be their biological age unless
the failure to seek to acquire status was due to
extraordinary circumstances.
``(7) An alien who has reached 21 years of age and has been
admitted under section 203(d) as a lawful permanent resident
on a conditional basis as the child of an alien lawfully
admitted for permanent residence under section 203(b)(5),
whose lawful permanent resident status on a conditional basis
is terminated under section 216A or section 203(b)(5)(M),
shall continue to be considered a child of the principal
alien for the purpose of a subsequent immigrant petition by
such alien under section 203(b)(5) if the alien remains
unmarried and the subsequent petition is filed by the
principal alien not later than 1 year after the termination
of conditional lawful permanent resident status. No alien
shall be considered a child under this paragraph with respect
to more than 1 petition filed after the alien reaches 21
years of age.''.
(2) Technical and conforming amendment.--Section 201 of the
Immigration and Nationality Act (8 U.S.C. 1151) is amended by
striking subsection (f).
(3) Effective date.--
(A) In general.--The amendments made by this section shall
be effective as if included in the Child Status Protection
Act (Public Law 107-208).
(B) Motion to reopen or reconsider.--
(i) In general.--A motion to reopen or reconsider the
denial of a petition or application described in paragraph
(6) of section 101(b), as amended in paragraph (1), may be
granted if--
(I) such petition or application would have been approved
if the amendments described in such paragraph had been in
effect at the time of adjudication of the petition or
application;
(II) the individual seeking relief pursuant to such motion
was in the United States at the time the underlying petition
or application was filed; and
(III) such motion is filed with the Secretary of Homeland
Security or the Attorney General not later than the date that
is 2 years after the date of the enactment of this Act.
(ii) Numerical limitations.--Notwithstanding any other
provision of law, an individual granted relief pursuant to
such motion to reopen or reconsider shall be exempt from
numerical limitations in sections 201, 202, and 203 of the
Immigration and Nationality Act (8 U.S.C. 1151, 1152, and
1153).
(b) Age Out Protections for Nonimmigrant Dependent
Children.--Section 214 of the Immigration and Nationality Act
(8 U.S.C. 1184) is amended by adding at the end the
following:
``(s)(1) Except as described in paragraph (2), the
determination of whether an alien who is the derivative
beneficiary of a properly filed pending or approved immigrant
petition under section 204 is eligible to be a dependent
child of a nonimmigrant admitted pursuant to an approved
employer petition under this section or approved application
under section 101(a)(15)(E), shall be based on whether the
alien is determined to be a child under section 101(b)(6) of
the Immigration and Nationality Act.
``(2) If otherwise eligible, an alien who is determined to
be a child pursuant to section 101(b)(6)(D) may change status
to or extend status as a dependent child of a nonimmigrant
with an approved employment based petition under this section
or an approved application under section
[[Page S5702]]
101(a)(15)(E), notwithstanding such alien's marital status.
``(3) An alien who is admitted to the United States as a
dependent child of a nonimmigrant who is described in this
section is authorized to engage in employment in the United
States incident to status.''.
(c) Priority Date Retention.--Section 203(h) of the
Immigration and Nationality Act (8 U.S.C. 1153(h)) is amended
to read as follows:
``(h) Retention of Priority Dates.--
``(1) Priority date.--The priority date for an alien shall
be the date that is the earliest of--
``(A) the date that a petition under section 204 is filed
with the Secretary of Homeland Security (or the Secretary of
State, if applicable); or
``(B) the date on which a labor certification is filed with
the Secretary of Labor.
``(2) Retention.--The principal beneficiary and all
derivative beneficiaries shall retain the priority date
associated with the earliest of any approved petition or
labor certification and such priority date shall be
applicable to any subsequently approved petition.''.
SEC. ___. MEDICARE IMPROVEMENT FUND.
Section 1898(b)(1) of the Social Security Act (42 U.S.C.
1395iii(b)(1)) is amended by striking ``$7,500,000,000'' and
inserting ``$7,279,000,000''.
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