I 

116TH CONGRESS 

1ST SESSION H. R. 1640 

To amend the Immigration and Nationality Act to provide for the admission 

of certain sons and daughters of citizens of the United States, which 

citizens served on active duty in the Armed Forces of the United States 

abroad, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 8, 2019 

Mr. KIND (for himself and Mr. FITZPATRICK) introduced the following bill; 

which was referred to the Committee on the Judiciary 

A BILL 

To amend the Immigration and Nationality Act to provide 

for the admission of certain sons and daughters of citizens of the United States, which citizens served on active 

duty in the Armed Forces of the United States abroad, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Uniting Families Act 

5 of 2019’’. 


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1 SEC. 2. ADMISSION OF CERTAIN SONS AND DAUGHTERS OF 

2 CITIZENS OF THE UNITED STATES WHO 

3 SERVED IN THE ARMED FORCES. 

4 (a) CLASSIFICATION AS A NONIMMIGRANT.—Section 

5 101(a)(15) of the Immigration and Nationality Act (8 

6 U.S.C. 1101(a)(15)) is amended— 

7 (1) in subparagraph (U), by striking ‘‘or’’ at 

8 the end; 

9 (2) in subparagraph (V), by striking the period 

10 at the end and inserting ‘‘; or’’; and 

11 (3) by inserting after subparagraph (V) the fol12 lowing: 

13 ‘‘(W) subject to section 214(s), an alien 

14 who— 

15 ‘‘(i) is 18 years of age or older and is 

16 the genetic son or daughter of a citizen of 

17 the United States, which citizen served on 

18 active duty in the Armed Forces of the 

19 United States abroad; or 

20 ‘‘(ii) is the spouse or child of an alien 

21 described in clause (i) and is accom22 panying, or following to join, the alien.’’. 

23 (b) REQUIREMENTS FOR ADMISSION.—Section 214 

24 of the Immigration and Nationality Act (8 U.S.C. 1184) 

25 is amended by adding at the end the following: 


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1 ‘‘(s)(1) A visa shall not be issued under section 

2 101(a)(15)(W) until a petition has been filed in the United 

3 States by the citizen parent of the visa applicant and ap4 proved by the Secretary of Homeland Security. 

5 ‘‘(2) The petition shall be in such form and contain 

6 such information as the Secretary of Homeland Security 

7 shall prescribe, and shall include the following informa8 tion: 

9 ‘‘(A) DNA evidence that establishes that the 

10 beneficiary is the genetic child of the petitioner. 

11 ‘‘(B) An agreement in writing that the parent 

12 will provide financial support for the beneficiary 

13 until the beneficiary’s status is adjusted to the sta14 tus of an alien lawfully admitted for permanent resi15 dence. 

16 ‘‘(C) Information that establishes that the peti17 tioner— 

18 ‘‘(i) is a citizen of the United States; and 

19 ‘‘(ii) served on active duty in the Armed 

20 Forces of the United States abroad. 

21 ‘‘(3) The period of authorized admission for an alien 

22 admitted to the United States as a nonimmigrant under 

23 section 101(a)(15)(W) shall be 5 years, which may be ex24 tended for one additional 2-year period. 


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1 ‘‘(4) The total number of principal aliens who may 

2 be admitted under section 101(a)(15)(W) during any fis3 cal year may not exceed 5,000.’’. 

4 (c) ADJUSTMENT OF STATUS.—Section 245 of the 

5 Immigration and Nationality Act (8 U.S.C. 1255) is 

6 amended by adding at the end the following: 

7 ‘‘(n)(1) The Secretary of Homeland Security may ad8 just the status of an alien admitted to the United States 

9 as a nonimmigrant under section 101(a)(15)(W) to that 

10 of an alien lawfully admitted for permanent residence if 

11 the alien— 

12 ‘‘(A) is admissible to the United States as an 

13 immigrant; and 

14 ‘‘(B) satisfies the requirements under section 

15 312, unless the alien is a child described in section 

16 101(a)(15)(W)(ii) who is under the age of 18. 

17 ‘‘(2) The numerical limitations of sections 201 and 

18 202 shall not apply to the adjustment of aliens to lawful 

19 permanent resident status under this subsection.’’. 

20 (d) NATURALIZATION.—Section 312(b) of the Immi21 gration and Nationality Act (8 U.S.C. 1423(b)) is amend22 ed by inserting at the end the following: 


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1 ‘‘(4) The requirements of subsection (a) shall 

2 not apply to any person who has satisfied such re3 quirements under section 245(n)(1)(B).’’. 

Æ 


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