II

106TH CONGRESS

1ST SESSION S. 1753

To amend the Immigration and Nationality Act to provide that an adopted

alien who is less than 18 years of age may be considered a child

under such Act if adopted with or after a sibling who is a child under

such Act.

IN THE SENATE OF THE UNITED STATES

OCTOBER 20, 1999

Mr. HATCH (for himself, Mr. ABRAHAM, Mr. LEAHY, and Mr. KENNEDY) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To amend the Immigration and Nationality Act to provide

that an adopted alien who is less than 18 years of

age may be considered a child under such Act if adopted

with or after a sibling who is a child under such Act.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

S 1753 IS

1 SECTION 1. PROVIDING THAT AN ADOPTED ALIEN WHO IS

2 LESS THAN 18 YEARS OF AGE MAY BE CON3 SIDERED A CHILD UNDER THE IMMIGRATION

4 AND NATIONALITY ACT IF ADOPTED WITH OR

5 AFTER A SIBLING WHO IS A CHILD UNDER

6 SUCH ACT.

7 (a) IN GENERAL.—Section 101(b)(1) of the Immi8 gration and Nationality Act (8 U.S.C. 1101(b)(1)) is

9 amended—

10 (1) in subparagraph (E)—

11 (A) by inserting ‘‘(i)’’ after ‘‘(E)’’; and

12 (B) by adding at the end the following:

13 ‘‘(ii) subject to the same proviso as in clause

14 (i), a child who (I) is a natural sibling of a child de15 scribed in clause (i) or subparagraph (F)(i); (II) was

16 adopted by the adoptive parent or parents of the sib17 ling described in such clause or subparagraph; and

18 (III) is otherwise described in clause (i), except that

19 the child was adopted while under the age of eight20 een years; or’’; and

21 (2) in subparagraph (F)—

22 (A) by inserting ‘‘(i) after ‘‘(F)’’;

23 (B) by striking the period at the end and

24 inserting ‘‘; or’’; and

25 (C) by adding at the end the following:
3

S 1753 IS

1 ‘‘(ii) subject to the same provisos as in clause

2 (i), a child who (I) is a natural sibling of a child de3 scribed in clause (i) or subparagraph (E)(i); (II) has

4 been adopted abroad, or is coming to the United

5 States for adoption, by the adoptive parent (or pro6 spective adoptive parent) or parents of the sibling

7 described in such clause or subparagraph; and (III)

8 is otherwise described in clause (i), except that the

9 child is under the age of eighteen at the time a peti10 tion is filed in his or her behalf to accord a classi11 fication as an immediate relative under section

12 201(b).’’.

13 (b) CONFORMING AMENDMENTS RELATING TO NAT14 URALIZATION.—

15 (1) DEFINITION OF CHILD.—Section 101(c)(1)

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

17 1101(c)) is amended by striking ‘‘sixteen years,’’

18 and inserting ‘‘sixteen years (except to the extent

19 that the child is described in subparagraph (E)(ii) or

20 (F)(ii) of subsection (b)(1)),’’.

21 (2) CERTIFICATE OF CITIZENSHIP.—Section

22 322(a)(4) of the Immigration and Nationality Act (8

23 U.S.C. 1433(a)(4)) is amended—

24 (A) by striking ‘‘16 years’’ and inserting

25 ‘‘16 years (except to the extent that the child
4

S 1753 IS

1 is described in clause (ii) of subparagraph (E)

2 or (F) of section 101(b)(1))’’; and

3 (B) by striking ‘‘subparagraph (E) or (F)

4 of section 101(b)(1).’’ and inserting ‘‘either of

5 such subparagraphs.’’.

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