S. 1300 

One Hundred Fourteenth Congress 

of the 

United States of America 

AT THE FIRST SESSION 

Begun and held at the City of Washington on Tuesday, 

the sixth day of January, two thousand and fifteen 

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— 
S. 1300—2 

‘‘(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.’’. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.