[United States Statutes at Large, Volume 129, 114th Congress, 1st Session]
[From the U.S. Government Publishing Office, www.gpo.gov]


Public Law 114-70
114th Congress

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 ``''.
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--

[[Page 562]]

``(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.''.

Approved October 16, 2015.

LEGISLATIVE HISTORY--S. 1300:
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CONGRESSIONAL RECORD, Vol. 161 (2015):
July 14, considered and passed Senate.
Oct. 6, considered and passed House.