A bill to amend the Immigration and Nationality Act to provide for the continued classification of certain aliens as children for purposes of that Act in cases where the aliens "age-out" while awaiting immigration processing, and for other purposes.
Makes similar determinations in the case of: (1) permanent resident parents who subsequently naturalize after having filed family-sponsored immigration petitions for a son or daughter (age determination at time of parents' naturalization); or (2) citizen parents who filed family-sponsored immigration petitions for a married son or daughter and such son or daughter later divorces (age determination at time of divorce).
(Sec. 3) States that with respect to an unmarried son or daughter seeking status as family-sponsored, employment-based, or diversity "child" (unmarried, under 21 years old) immigrant: (1) such an alien's age will be determined using the age of the alien on the date on which an immigrant visa becomes available reduced by the number of days in which the petition was pending; and (2) if the alien's age is determined to be 21 years or older the original (pre-21 years old) priority date shall be retained.
(Sec. 4) States that a son or daughter who was unmarried and under 21 years old when the parent applied for asylee or refugee status shall retain such "child" classification during the pendency of the asylee or refugee application.
(Sec. 6) Provides that the family-sponsored petition of an unmarried alien son or daughter whose permanent resident alien parent subsequently becomes a naturalized U.S. citizen shall be converted to a petition for an unmarried son or daughter of a U.S. citizen, unless the son or daughter elects otherwise. States that any petition priority date assigned prior to such naturalization may be maintained regardless of whether or not the petition is converted.
(Sec. 7) States that nothing in this Act shall be construed to limit or deny specified benefits for alien children.
(Sec. 8) States that the amendments made by this Act shall take effect upon enactment of this Act and shall apply to an alien beneficiary of: (1) an immigrant petition approved but not with a final determination prior to such date; (2) a petition pending on or after such date; or (3) an application pending before the Department of Justice or Department of State on or after such date.
Became Public Law No: 107-208.
Introduced in Senate
Sponsor introductory remarks on measure. (CR S3275-3276)
Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S3276)
Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.
Committee on the Judiciary. Reported by Senator Leahy with an amendment in the nature of a substitute. Without written report.
Committee on the Judiciary. Reported by Senator Leahy with an amendment in the nature of a substitute. Without written report.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 374.
Measure laid before Senate by unanimous consent. (consideration: CR S5558-5560; text of measure as reported in Senate: CR S5558-5559)
The committee substitute as amended agreed to by Unanimous Consent.
Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.(text: CR S5559-5560)
Passed Senate with an amendment by Unanimous Consent. (text: CR S5559-5560)
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Message on Senate action sent to the House.
Received in the House.
Held at the desk.