I 

111TH CONGRESS 

1ST SESSION H. R. 878 

To amend the Immigration and Nationality Act to make changes related 

to family-sponsored immigrants and to reduce the number of such immigrants. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 4, 2009 

Mr. GINGREY of Georgia (for himself, Mr. AKIN, Mr. ALEXANDER, Mr. 

BILBRAY, Mr. BOOZMAN, Mr. BROUN of Georgia, Mr. BURTON of Indiana, Mr. DEAL of Georgia, Ms. FALLIN, Mr. GOHMERT, Mr. HARPER, 

Mr. SAM JOHNSON of Texas, Mr. JONES, Mr. KING of Iowa, Mr. KINGSTON, Mr. LINDER, Mr. MARCHANT, Mr. PRICE of Georgia, Mr. ROE of 

Tennessee, and Mr. WESTMORELAND) introduced the following bill; which 

was referred to the Committee on the Judiciary 

A BILL 

To amend the Immigration and Nationality Act to make 

changes related to family-sponsored immigrants and to 

reduce the number of such immigrants. 

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 ‘‘Nuclear Family Pri5 ority Act’’. 


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1 SEC. 2. CHANGE IN FAMILY-SPONSORED IMMIGRANT CAT2 EGORIES. 

3 Section 203(a) of the Immigration and Nationality 

4 Act (8 U.S.C. 1153(a)) is amended to read as follows: 

5 ‘‘(a) PREFERENCE ALLOCATION FOR SPOUSES AND

6 CHILDREN OF PERMANENT RESIDENT ALIENS.—Quali7 fied immigrants who are the spouses or children of an 

8 alien lawfully admitted for permanent residence shall be 

9 allotted visas in a number not to exceed the worldwide 

10 level specified in section 201(c).’’. 

11 SEC. 3. CHANGE IN WORLDWIDE LEVEL OF FAMILY-SPON12 SORED IMMIGRANTS. 

13 Section 201(c) of the Immigration and Nationality 

14 Act (8 U.S.C. 1151(c)) is amended— 

15 (1) by amending paragraph (1) to read as follows: 

16 ‘‘(1) The worldwide level of family-sponsored 

17 immigrants under this subsection for a fiscal year is 

18 equal to— 

19 ‘‘(A) 88,000; minus 

20 ‘‘(B) the number computed under para21 graph (2).’’; 

22 (2) by striking paragraphs (2), (3), and (5); 

23 and 

24 (3) by redesignating paragraph (4) as para25 graph (2). 


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1 SEC. 4. CONFORMING AMENDMENTS. 

2 (a) NUMERICAL LIMITATION TO ANY SINGLE FOR3 EIGN STATE.—Section 202 of the Immigration and Na4 tionality Act (8 U.S.C. 1152) is amended— 

5 (1) in subsection (a)(4)— 

6 (A) by amending subparagraphs (A) and 

7 (B) to read as follows: 

8 ‘‘(A) 75 PERCENT OF FAMILY-SPONSORED

9 IMMIGRANTS NOT SUBJECT TO PER COUNTRY

10 LIMITATION.—Of the visa numbers made avail11 able under section 203(a) in any fiscal year, 75 

12 percent shall be issued without regard to the 

13 numerical limitation under paragraph (2). 

14 ‘‘(B) TREATMENT OF REMAINING 25 PER15 CENT FOR COUNTRIES SUBJECT TO SUB16 SECTION (e).— 

17 ‘‘(i) IN GENERAL.—Of the visa num18 bers made available under section 203(a) 

19 in any fiscal year, the remaining 25 per20 cent shall be available, in the case of a for21 eign state or dependent area that is sub22 ject to subsection (e) only to the extent 

23 that the total number of visas issued in ac24 cordance with subsection (A) to natives of 

25 the foreign state or dependent area is less 


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1 than the subsection (e) ceiling (as defined 

2 in clause (ii)). 

3 ‘‘(ii) SUBSECTION (E) CEILING DE4 FINED.—In clause (i), the term ‘subsection 

5 (e) ceiling’ means, for a foreign state or 

6 dependent area, 77 percent of the max7 imum number of visas that may be made 

8 available under section 203(a) to immi9 grants who are natives of the state or area 

10 consistent with subsection (e).’’; and 

11 (B) by striking subparagraphs (C) and 

12 (D); and 

13 (2) in subsection (e)— 

14 (A) in paragraph (1), by adding ‘‘and’’ at 

15 the end; 

16 (B) by striking paragraph (2) and redesig17 nating paragraph (3) as paragraph (2); and 

18 (C) in the final sentence, by striking ‘‘re19 spectively,’’ and all that follows through the pe20 riod at the end and inserting ‘‘respectively.’’. 

21 (b) RULES FOR DETERMINING WHETHER CERTAIN

22 ALIENS ARE CHILDREN.—Section 203(h) of the Immigra23 tion and Nationality Act (8 U.S.C. 1153(h)) is amended 

24 by striking ‘‘(a)(2)(A)’’ each place such term appears and 

25 inserting ‘‘(a)’’. 


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1 (c) PROCEDURE FOR GRANTING IMMIGRANT STA2 TUS.—Section 204 of the Immigration and Nationality 

3 Act (8 U.S.C. 1154) is amended— 

4 (1) in subsection (a)(1)— 

5 (A) in subparagraph (A)(i), by striking ‘‘to 

6 classification by reason of a relationship de7 scribed in paragraph (1), (3), or (4) of section 

8 203(a) or’’; 

9 (B) in subparagraph (B), by striking 

10 ‘‘203(a)(2)(A)’’ and ‘‘203(a)(2)’’ each place 

11 such terms appear and inserting ‘‘203(a)’’; and 

12 (C) in subparagraph (D)(i)(I), by striking 

13 ‘‘a petitioner for preference status under para14 graph (1), (2), or (3)’’ and all that follows 

15 through the period at the end and inserting ‘‘an 

16 individual under 21 years of age for purposes of 

17 adjudicating such petition and for purposes of 

18 admission as an immediate relative under sec19 tion 201(b)(2)(A)(i) or a family-sponsored im20 migrant under section 203(a), as appropriate, 

21 notwithstanding the actual age of the indi22 vidual.’’; 

23 (2) in subsection (f)(1), by striking ‘‘201(b), 

24 203(a)(1), or 203(a)(3), as appropriate.’’ and insert25 ing ‘‘201(b).’’; and 


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1 (3) by striking subsection (k). 

2 (d) WAIVERS OF INADMISSIBILITY.—Section 

3 212(d)(11) of the Immigration and Nationality Act (8 

4 U.S.C. 1182(d)(11)) is amended by striking ‘‘(other than 

5 paragraph (4) thereof)’’. 

6 (e) CONDITIONAL PERMANENT RESIDENT STATUS

7 FOR CERTAIN ALIEN SPOUSES AND SONS AND DAUGH8 TERS.—Section 216(g)(1)(C) of the Immigration and Na9 tionality Act (8 U.S.C. 1186a(g)(1)(C)) is amended by 

10 striking ‘‘203(a)(2)’’ and inserting ‘‘203(a)’’. 

11 (f) CLASSES OF DEPORTABLE ALIENS.—Section 

12 237(a)(1)(E)(ii) of the Immigration and Nationality Act 

13 (8 U.S.C. 1227(a)(1)(E)(ii)) is amended by striking 

14 ‘‘203(a)(2)’’ and inserting ‘‘203(a)’’. 

15 SEC. 5. EFFECTIVE DATE; APPLICABILITY. 

16 The amendments made by this Act shall take effect 

17 on the first day of the second fiscal year that begins after 

18 the date of the enactment of this Act, except that the fol19 lowing shall be considered invalid: 

20 (1) Any petition under section 204 of the Immi21 gration and Nationality Act (8 U.S.C. 1154) seeking 

22 classification of an alien under a family-sponsored 

23 immigrant category eliminated by the amendments 

24 made by this Act that is filed after the date of the 

25 introduction of this Act. 


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1 (2) Any application for an immigrant visa based 

2 on a petition described in paragraph (1). 

Æ 


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