I 

116TH CONGRESS 

1ST SESSION H. R. 1989 

To amend the Immigration and Nationality Act to modify the provisions 

that relate to family-sponsored immigrants. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 28, 2019 

Mr. STEUBE (for himself and Mr. RESCHENTHALER) introduced the following 

bill; which was referred to the Committee on the Judiciary 

A BILL 

To amend the Immigration and Nationality Act to modify 

the provisions that relate to family-sponsored 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 ‘‘Break the Chain Act’’. 

5 SEC. 2. FAMILY-SPONSORED IMMIGRATION PRIORITIES. 

6 (a) IMMEDIATE RELATIVE REDEFINED.—Section 

7 201 of the Immigration and Nationality Act (8 U.S.C. 

8 1151) is amended— 

9 (1) in subsection (b)(2)(A)— 


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1 (A) in clause (i), by striking ‘‘children, 

2 spouses, and parents of a citizen of the United 

3 States, except that, in the case of parents, such 

4 citizens shall be at least 21 years of age.’’ and 

5 inserting ‘‘children and spouse of a citizen of 

6 the United States.’’; and 

7 (B) in clause (ii), by striking ‘‘such an im8 mediate relative’’ and inserting ‘‘the immediate 

9 relative spouse of a United States citizen’’; 

10 (2) by striking subsection (c) and inserting the 

11 following: 

12 ‘‘(c) WORLDWIDE LEVEL OF FAMILY-SPONSORED

13 IMMIGRANTS.—(1) The worldwide level of family-spon14 sored immigrants under this subsection for a fiscal year 

15 is equal to 87,934 minus the number computed under 

16 paragraph (2). 

17 ‘‘(2) The number computed under this paragraph for 

18 a fiscal year is the number of aliens who were paroled into 

19 the United States under section 212(d)(5) in the second 

20 preceding fiscal year who— 

21 ‘‘(A) did not depart from the United States 

22 (without advance parole) within 365 days; and 

23 ‘‘(B)(i) did not acquire the status of an alien 

24 lawfully admitted to the United States for permaVerDate Sep 11 2014 02:27 Apr 12, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1989.IH H1989

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1 nent residence during the two preceding fiscal years; 

2 or 

3 ‘‘(ii) acquired such status during such period 

4 under a provision of law (other than subsection (b)) 

5 that exempts adjustment to such status from the nu6 merical limitation on the worldwide level of immigra7 tion under this section.’’; and 

8 (3) in subsection (f)— 

9 (A) in paragraph (2), by striking ‘‘section 

10 203(a)(2)(A)’’ and inserting ‘‘section 203(a)’’; 

11 (B) by striking paragraph (3); 

12 (C) by redesignating paragraph (4) as 

13 paragraph (3); and 

14 (D) in paragraph (3), as redesignated, by 

15 striking ‘‘(1) through (3)’’ and inserting ‘‘(1) 

16 and (2)’’. 

17 (b) FAMILY-BASED VISA PREFERENCES.—Section 

18 203(a) of the Immigration and Nationality Act (8 U.S.C. 

19 1153(a)) is amended to read as follows: 

20 ‘‘(a) SPOUSES AND MINOR CHILDREN OF PERMA21 NENT RESIDENT ALIENS.—Family-sponsored immigrants 

22 described in this subsection are qualified immigrants who 

23 are the spouse or a child of an alien lawfully admitted 

24 for permanent residence. Such immigrants shall be alloVerDate Sep 11 2014 02:27 Apr 12, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1989.IH H1989

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1 cated visas in accordance with the number computed 

2 under section 201(c).’’. 

3 (c) AGING OUT.—Section 203(h) of the Immigration 

4 and Nationality Act (8 U.S.C. 1153(h)) is amended— 

5 (1) by striking ‘‘(a)(2)(A)’’ each place such 

6 term appears and inserting ‘‘(a)’’; 

7 (2) by amending paragraph (1) to read as fol8 lows: 

9 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

10 for purposes of subsections (a) and (d), a determina11 tion of whether an alien satisfies the age require12 ment in the matter preceding subparagraph (A) of 

13 section 101(b)(1) shall be made using the age of the 

14 alien on the date on which a petition is filed with 

15 the Secretary of Homeland Security.’’. 

16 (3) by redesignating paragraphs (2) through 

17 (4) as paragraphs (3) through (5), respectively; 

18 (4) by inserting after paragraph (1) the fol19 lowing: 

20 ‘‘(2) LIMITATION.—Notwithstanding the age of 

21 an alien on the date on which a petition is filed, an 

22 alien who marries or turns 25 years of age prior to 

23 a visa becoming available for issuance pursuant to 

24 subsection (a) or (d), no longer satisfies the age re25 quirement described in paragraph (1).’’; and 


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1 (5) in paragraph (5), as so redesignated, by 

2 striking ‘‘(3)’’ and inserting ‘‘(4)’’. 

3 (d) CONFORMING AMENDMENTS.— 

4 (1) DEFINITION OF V NONIMMIGRANT.—Section 

5 101(a)(15)(V) of the Immigration and Nationality 

6 Act (8 U.S.C. 1101(a)(15)(V)) is amended by strik7 ing ‘‘section 203(a)(2)(A)’’ each place such term ap8 pears and inserting ‘‘section 203(a)’’. 

9 (2) PROCEDURE FOR GRANTING IMMIGRANT

10 STATUS.—Section 204 of such Act (8 U.S.C. 1154) 

11 is amended— 

12 (A) in subsection (a)(1)— 

13 (i) in subparagraph (A)(i), by striking 

14 ‘‘to classification by reason of a relation15 ship described in paragraph (1), (3), or (4) 

16 of section 203(a) or’’; 

17 (ii) in subparagraph (B)— 

18 (I) in clause (i), by redesignating 

19 the second subclause (I) as subclause 

20 (II); and 

21 (II) by striking ‘‘203(a)(2)(A)’’ 

22 each place such terms appear and in23 serting ‘‘203(a)’’; and 

24 (iii) in subparagraph (D)(i)(I), by 

25 striking ‘‘a petitioner’’ and all that follows 


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1 through ‘‘section 204(a)(1)(B)(iii).’’ and 

2 inserting ‘‘an individual younger than 21 

3 years of age for purposes of adjudicating 

4 such petition and for purposes of admis5 sion as an immediate relative under section 

6 201(b)(2)(A)(i) or a family-sponsored im7 migrant under section 203(a), as appro8 priate, notwithstanding the actual age of 

9 the individual.’’; 

10 (B) in subsection (f)(1), by striking ‘‘, 

11 203(a)(1), or 203(a)(3), as appropriate’’; and 

12 (C) by striking subsection (k). 

13 (3) WAIVERS OF INADMISSIBILITY.—Section 

14 212 of such Act (8 U.S.C. 1182) is amended— 

15 (A) in subsection (a)(6)(E)(ii), by striking 

16 ‘‘section 203(a)(2)’’ and inserting ‘‘section 

17 203(a)’’; and 

18 (B) in subsection (d)(11), by striking 

19 ‘‘(other than paragraph (4) thereof)’’. 

20 (4) EMPLOYMENT OF V NONIMMIGRANTS.—Sec21 tion 214(q)(1)(B)(i) of such Act (8 U.S.C. 

22 1184(q)(1)(B)(i)) is amended by striking ‘‘section 

23 203(a)(2)(A)’’ each place such term appears and in24 serting ‘‘section 203(a)’’. 


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1 (5) DEFINITION OF ALIEN SPOUSE.—Section 

2 216(h)(1)(C) of such Act (8 U.S.C. 1186a(h)(1)(C)) 

3 is amended by striking ‘‘section 203(a)(2)’’ and in4 serting ‘‘section 203(a)’’. 

5 (6) CLASSES OF DEPORTABLE ALIENS.—Sec6 tion 237(a)(1)(E)(ii) of such Act (8 U.S.C. 

7 1227(a)(1)(E)(ii)) is amended by striking ‘‘section 

8 203(a)(2)’’ and inserting ‘‘section 203(a)’’. 

9 (e) CREATION OF NONIMMIGRANT CLASSIFICATION

10 FOR ALIEN PARENTS OF ADULT UNITED STATES CITI11 ZENS.— 

12 (1) IN GENERAL.—Section 101(a)(15) of the 

13 Immigration and Nationality Act (8 U.S.C. 

14 1101(a)(15)) is amended— 

15 (A) in subparagraph (T)(ii)(III), by strik16 ing the period at the end and inserting a semi17 colon; 

18 (B) in subparagraph (U)(iii), by striking 

19 ‘‘or’’ at the end; 

20 (C) in subparagraph (V)(ii)(II), by striking 

21 the period at the end and inserting ‘‘; or’’; and 

22 (D) by adding at the end the following: 

23 ‘‘(W) Subject to section 214(s), an alien 

24 who is a parent of a citizen of the United 


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1 States, if the citizen is at least 21 years of 

2 age.’’. 

3 (2) CONDITIONS ON ADMISSION.—Section 214 

4 of such Act (8 U.S.C. 1184) is amended by adding 

5 at the end the following: 

6 ‘‘(s)(1) The initial period of authorized admission for 

7 a nonimmigrant described in section 101(a)(15)(W) shall 

8 be 5 years, but may be extended by the Secretary of 

9 Homeland Security for additional 5-year periods if the 

10 United States citizen son or daughter of the nonimmigrant 

11 is still residing in the United States. 

12 ‘‘(2) A nonimmigrant described in section 

13 101(a)(15)(W)— 

14 ‘‘(A) is not authorized to be employed in 

15 the United States; and 

16 ‘‘(B) is not eligible for any Federal, State, 

17 or local public benefit. 

18 ‘‘(3) The United States citizen son or daughter 

19 shall file a petition with the Secretary of Homeland 

20 Security on behalf of the alien parent in order for 

21 the alien parent to be issued a visa or otherwise be 

22 provided nonimmigrant status under section 

23 101(a)(15)(W). 

24 ‘‘(4) An alien is ineligible to be issued a visa or 

25 otherwise be provided nonimmigrant status under 


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1 section 101(a)(15)(W), or to be admitted into the 

2 United States as a nonimmigrant described in sec3 tion 101(a)(15)(W), unless the alien provides satis4 factory proof that the United States citizen son or 

5 daughter has arranged for health insurance coverage 

6 for the alien, at no cost to the alien, during the an7 ticipated period of the alien’s residence in the United 

8 States.’’. 

9 (3) AFFIDAVIT OF SUPPORT.— 

10 (A) GROUND OF INADMISSIBILITY.—Sec11 tion 212(a)(4)(C) of the Immigration and Na12 tionality Act (8 U.S.C. 1182(a)(4)(C)) is 

13 amended— 

14 (i) in the heading by adding at the 

15 end the following: ‘‘AND NONIMMIGRANTS’’; 

16 and 

17 (ii) in the matter preceding clause (i), 

18 by striking ‘‘section 201(b)(2) or 203(a)’’ 

19 and inserting ‘‘section 101(a)(15)(W), 

20 201(b)(2), or 203(a)’’. 

21 (B) AFFIDAVIT REQUIRED.—Section 213A 

22 of the Immigration and Nationality Act (8 

23 U.S.C. 1183a) is amended— 

24 (i) in subsection (a)(2)— 


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1 (I) by striking ‘‘An affidavit of 

2 support’’ and inserting ‘‘(A) IN GEN3 ERAL—Except as provided in sub4 paragraph (B), an affidavit of sup5 port’’; and 

6 (II) by adding at the end the fol7 lowing: 

8 ‘‘(B) SPECIAL RULE.—In the case of an 

9 alien who has been issued a visa or otherwise 

10 provided nonimmigrant status under section 

11 101(a)(15)(W), an affidavit of support shall be 

12 enforceable with respect to benefits provided for 

13 an alien while the alien is physically present in 

14 the United States.’’; and 

15 (ii) in subsection (f)(1)(D), by insert16 ing after ‘‘section 204’’ the following: ‘‘or 

17 petitioning for the alien to be provided a 

18 visa under or accorded status under sec19 tion 101(a)(15)(W)’’. 

20 (f) EFFECTIVE DATE; APPLICABILITY.— 

21 (1) EFFECTIVE DATE.—The amendments made 

22 by this section shall take effect on October 1, 2020. 

23 (2) INVALIDITY OF CERTAIN PETITIONS AND

24 APPLICATIONS.— 


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1 (A) IN GENERAL.—No person may file, 

2 and the Secretary of Homeland Security and 

3 the Secretary of State may not accept, adju4 dicate, or approve any petition under section 

5 204 of the Immigration and Nationality Act (8 

6 U.S.C. 1154) filed on or after the date of enact7 ment of this Act seeking classification of an 

8 alien under section 201(b)(2)(A)(i) with respect 

9 to a parent of a United States citizen, or under 

10 section 203(a)(1), (2)(B), (3), or (4) of such 

11 Act (8 U.S.C. 1151(b)(2)(A)(i), 1153(a)(1), 

12 (2)(B), (3), or (4)). Any application for adjust13 ment of status or an immigrant visa based on 

14 such a petition shall be invalid. 

15 (B) PENDING PETITIONS.—Neither the 

16 Secretary of Homeland Security nor the Sec17 retary of State may adjudicate or approve any 

18 petition under section 204 of the Immigration 

19 and Nationality Act (8 U.S.C. 1154) pending 

20 as of the date of enactment of this Act seeking 

21 classification of an alien under section 

22 201(b)(2)(A)(i) with respect to a parent of a 

23 United States citizen, or under section 

24 203(a)(1), (2)(B), (3), or (4) of such Act (8 

25 U.S.C. 1151(b)(2)(A)(i), 1153(a)(1), (2)(B), 


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1 (3), or (4)). Any application for adjustment of 

2 status or an immigrant visa based on such a 

3 petition shall be invalid. 

4 (3) APPLICABILITY TO WAITLISTED APPLI5 CANTS.— 

6 (A) IN GENERAL.—Notwithstanding the 

7 amendments made by this section, an alien with 

8 regard to whom a petition or application for 

9 status under paragraph (1), (2)(B), (3), or (4) 

10 of section 203(a) of the Immigration and Na11 tionality Act (8 U.S.C. 1153(a)), as in effect on 

12 September 30, 2020, was approved prior to the 

13 date of the enactment of this Act, may be 

14 issued a visa pursuant to that paragraph in ac15 cordance with the availability of visas under 

16 subparagraph (B). 

17 (B) AVAILABILITY OF VISAS.—Visas may 

18 be issued to beneficiaries of approved petitions 

19 under each category described in subparagraph 

20 (A), but only until such time as the number of 

21 visas that would have been allocated to that 

22 category in fiscal year 2021, notwithstanding 

23 the amendments made by this section, have 

24 been issued. When the number of visas de25 scribed in the previous sentence have been 


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1 issued for each category described in subpara2 graph (A), no additional visas may be issued for 

3 that category. 

Æ 


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