II 

117TH CONGRESS 

2D SESSION S. 3721 

To amend the Immigration and Nationality Act to end the immigrant visa 

backlog, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 1, 2022 

Mr. DURBIN (for himself, Mr. LEAHY, Ms. HIRONO, Ms. CORTEZ MASTO, Ms. 

DUCKWORTH, and Mr. PADILLA) 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 end the 

immigrant visa backlog, 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 ‘‘Resolving Extended 

5 Limbo for Immigrant Employees and Families Act’’ or the 

6 ‘‘RELIEF Act’’. 


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1 SEC. 2. NUMERICAL LIMITATION TO ANY SINGLE FOREIGN 

2 STATE. 

3 (a) IN GENERAL.—Section 202(a)(2) of the Immi4 gration and Nationality Act (8 U.S.C. 1152(a)(2)) is 

5 amended— 

6 (1) in the paragraph heading, by striking ‘‘AND

7 EMPLOYMENT-BASED’’; 

8 (2) by striking ‘‘(3), (4), and (5),’’ and insert9 ing ‘‘(3) and (4),’’; 

10 (3) by striking ‘‘subsections (a) and (b) of sec11 tion 203’’ and inserting ‘‘section 203(a)’’; 

12 (4) by striking ‘‘7’’ and inserting ‘‘15’’; and 

13 (5) by striking ‘‘such subsections’’ and inserting 

14 ‘‘such section’’. 

15 (b) CONFORMING AMENDMENTS.—Section 202 of the 

16 Immigration and Nationality Act (8 U.S.C. 1152) is 

17 amended— 

18 (1) in subsection (a)(3), by striking ‘‘both sub19 sections (a) and (b) of section 203’’ and inserting 

20 ‘‘section 203(a)’’; 

21 (2) by striking subsection (a)(5); and 

22 (3) by amending subsection (e) to read as fol23 lows: 

24 ‘‘(e) SPECIAL RULES FOR COUNTRIES AT CEILING.— 

25 If it is determined that the total number of immigrant 

26 visas made available under section 203(a) to natives of 


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1 any single foreign state or dependent area will exceed the 

2 numerical limitation specified in subsection (a)(2) in any 

3 fiscal year, in determining the allotment of immigrant visa 

4 numbers to natives under section 203(a), visa numbers 

5 with respect to natives of that state or area shall be allo6 cated (to the extent practicable and otherwise consistent 

7 with this section and section 203) in a manner so that, 

8 except as provided in subsection (a)(4), the proportion of 

9 the visa numbers made available under each of paragraphs 

10 (1) through (4) of section 203(a) is equal to the ratio of 

11 the total number of visas made available under the respec12 tive paragraph to the total number of visas made available 

13 under section 203(a).’’. 

14 (c) COUNTRY-SPECIFIC OFFSET.—Section 2 of the 

15 Chinese Student Protection Act of 1992 (8 U.S.C. 1255 

16 note) is amended— 

17 (1) in subsection (a), in the matter preceding 

18 paragraph (1), by striking ‘‘subsection (e))’’ and in19 serting ‘‘subsection (d))’’; 

20 (2) by striking subsection (d); and 

21 (3) by redesignating subsection (e) as sub22 section (d). 

23 (d) EFFECTIVE DATE.—The amendments made by 

24 this section shall take effect as if enacted on September 


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1 30, 2021, and shall apply to fiscal years beginning with 

2 fiscal year 2022. 

3 (e) TRANSITION RULES FOR EMPLOYMENT-BASED

4 IMMIGRANTS.— 

5 (1) IN GENERAL.—Subject to the succeeding 

6 paragraphs of this subsection and notwithstanding 

7 title II of the Immigration and Nationality Act (8 

8 U.S.C. 1151 et seq.), the following rules shall apply: 

9 (A) For fiscal year 2022, 15 percent of the 

10 immigrant visas made available under each of 

11 paragraphs (2), (3), and (5) of section 203(b) 

12 of such Act (8 U.S.C. 1153(b)) shall be allotted 

13 to immigrants who are natives of a foreign 

14 state or dependent area that is not one of the 

15 two states with the largest aggregate numbers 

16 of natives who are beneficiaries of approved pe17 titions for immigrant status under such para18 graphs. 

19 (B) For fiscal year 2023, 10 percent of the 

20 immigrant visas made available under each of 

21 such paragraphs shall be allotted to immigrants 

22 who are natives of a foreign state or dependent 

23 area that is not one of the two states with the 

24 largest aggregate numbers of natives who are 


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1 beneficiaries of approved petitions for immi2 grant status under such paragraphs. 

3 (C) For fiscal year 2024, 10 percent of the 

4 immigrant visas made available under each of 

5 such paragraphs shall be allotted to immigrants 

6 who are natives of a foreign state or dependent 

7 area that is not one of the two states with the 

8 largest aggregate numbers of natives who are 

9 beneficiaries of approved petitions for immi10 grant status under such paragraphs. 

11 (2) PER-COUNTRY LEVELS.— 

12 (A) RESERVED VISAS.—With respect to 

13 the visas reserved under each of subparagraphs 

14 (A) through (C) of paragraph (1), the number 

15 of such visas made available to natives of any 

16 single foreign state or dependent area in the ap17 propriate fiscal year may not exceed 25 percent 

18 (in the case of a single foreign state) or 2 per19 cent (in the case of a dependent area) of the 

20 total number of such visas. 

21 (B) UNRESERVED VISAS.—With respect to 

22 the immigrant visas made available under each 

23 of paragraphs (2), (3), and (5) of section 

24 203(b) of such Act (8 U.S.C. 1153(b)) and not 

25 reserved under paragraph (1), for each of fiscal 


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1 years 2022, 2023, and 2024, not more than 85 

2 percent shall be allotted to immigrants who are 

3 natives of any single foreign state. 

4 (3) SPECIAL RULE TO PREVENT UNUSED

5 VISAS.—If, with respect to fiscal year 2022, 2023, or 

6 2024, the operation of paragraphs (1) and (2) of 

7 this subsection would prevent the total number of 

8 immigrant visas made available under paragraph (2) 

9 or (3) of section 203(b) of such Act (8 U.S.C. 

10 1153(b)) from being issued, such visas may be 

11 issued during the remainder of such fiscal year with12 out regard to paragraphs (1) and (2) of this sub13 section. 

14 (4) TRANSITION RULE FOR CURRENTLY AP15 PROVED BENEFICIARIES.— 

16 (A) IN GENERAL.—Notwithstanding sec17 tion 202 of the Immigration and Nationality 

18 Act, as amended by this Act, immigrant visas 

19 under section 203(b) of the Immigration and 

20 Nationality Act (8 U.S.C. 1153(b)) shall be al21 located such that no alien described in subpara22 graph (B) receives a visa later than the alien 

23 otherwise would have received said visa had this 

24 Act not been enacted. 


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1 (B) ALIEN DESCRIBED.—An alien is de2 scribed in this subparagraph if the alien is the 

3 beneficiary of a petition for an immigrant visa 

4 under section 203(b) of the Immigration and 

5 Nationality Act (8 U.S.C. 1153(b)) that was 

6 approved prior to the date of enactment of this 

7 Act. 

8 (5) RULES FOR CHARGEABILITY.—Section 

9 202(b) of such Act (8 U.S.C. 1152(b)) shall apply 

10 in determining the foreign state to which an alien is 

11 chargeable for purposes of this subsection. 

12 (6) ENSURING AVAILABILITY OF IMMIGRANT

13 VISAS.—For each of fiscal years 2022 through 2026, 

14 notwithstanding sections 201 and 202 of the Immi15 gration and Nationality Act (8 U.S.C. 1151, 1152), 

16 as amended by this Act, additional immigrant visas 

17 under section 203 of the Immigration and Nation18 ality Act (8 U.S.C. 1153) shall be made available 

19 and allocated— 

20 (A) such that no alien who is a beneficiary 

21 of a petition for an immigrant visa under such 

22 section 203 receives a visa later than the alien 

23 otherwise would have received such visa had 

24 this Act not been enacted; and 


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1 (B) to permit all visas to be distributed in 

2 accordance with this section. 

3 SEC. 3. ENDING IMMIGRANT VISA BACKLOG. 

4 (a) IN GENERAL.—In addition to any immigrant visa 

5 made available under the Immigration and Nationality Act 

6 (8 U.S.C. 1101 et seq.), as amended by this Act, subject 

7 to paragraphs (1) and (2), the Secretary of State shall 

8 make immigrant visas available to— 

9 (1) aliens who are beneficiaries of petitions filed 

10 under subsection (b) of section 203 of such Act (8 

11 U.S.C. 1153) before the date of the enactment of 

12 this Act; and 

13 (2) aliens who are beneficiaries of petitions filed 

14 under subsection (a) of such section before the date 

15 of the enactment of this Act. 

16 (b) ALLOCATION OF VISAS.—The visas made avail17 able under this section shall be allocated as follows: 

18 (1) EMPLOYMENT-SPONSORED IMMIGRANT

19 VISAS.—In each of fiscal years 2022 through 2026, 

20 the Secretary of State shall allocate to aliens de21 scribed in subsection (a)(1) a number of immigrant 

visas equal to 1 22 ⁄5 of the number of aliens described 

23 in such subsection the visas of whom have not been 

24 issued as of the date of the enactment of this Act. 


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1 (2) FAMILY-SPONSORED IMMIGRANT VISAS.—In 

2 each of fiscal years 2022 through 2026, the Sec3 retary of State shall allocate to aliens described in 

4 subsection (a)(2) a number of immigrant visas equal 

to 1 5 ⁄5 of the difference between— 

6 (A) the number of aliens described in such 

7 subsection the visas of whom have not been 

8 issued as of the date of the enactment of this 

9 Act; and 

10 (B) the number of aliens described in sub11 section (a)(1). 

12 (c) ORDER OF ISSUANCE FOR PREVIOUSLY FILED

13 APPLICATIONS.—The visas made available under this sec14 tion shall be issued in accordance with section 202 of the 

15 Immigration and Nationality Act (8 U.S.C. 1152), as 

16 amended by this Act, in the order in which the petitions 

17 under section 203 of such Act (8 U.S.C. 1153) were filed. 

18 SEC. 4. KEEPING AMERICAN FAMILIES TOGETHER. 

19 (a) RECLASSIFICATION OF SPOUSES AND MINOR

20 CHILDREN OF LAWFUL PERMANENT RESIDENTS AS IM21 MEDIATE RELATIVES AND EXEMPTION OF DERIVA22 TIVES.—The Immigration and Nationality Act (8 U.S.C. 

23 1101 et seq.) is amended— 

24 (1) in section 201(b) (8 U.S.C. 1151(b))— 


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1 (A) in paragraph (1), by adding at the end 

2 the following: 

3 ‘‘(F) Aliens who derive status under section 

4 203(d).’’; and 

5 (B) by amending paragraph (2) to read as 

6 follows: 

7 ‘‘(2)(A) IMMEDIATE RELATIVES.—Aliens who 

8 are immediate relatives. 

9 ‘‘(B) DEFINITION OF IMMEDIATE RELATIVE.— 

10 In this paragraph, the term ‘immediate relative’ 

11 means— 

12 ‘‘(i) a child, spouse, or parent of a citizen 

13 of the United States, except that in the case of 

14 such a parent such citizen shall be at least 21 

15 years of age; 

16 ‘‘(ii) a child or spouse of an alien lawfully 

17 admitted for permanent residence; 

18 ‘‘(iii) a child or spouse of an alien de19 scribed in clause (i), who is accompanying or 

20 following to join the alien; 

21 ‘‘(iv) a child or spouse of an alien de22 scribed in clause (ii), who is accompanying or 

23 following to join the alien; 

24 ‘‘(v) an alien admitted under section 

25 211(a) on the basis of a prior issuance of a visa 


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1 to the alien’s accompanying parent who is an 

2 immediate relative; and 

3 ‘‘(vi) an alien born to an alien lawfully ad4 mitted for permanent residence during a tem5 porary visit abroad. 

6 ‘‘(C) TREATMENT OF SPOUSE AND CHILDREN

7 OF DECEASED CITIZEN OR LAWFUL PERMANENT

8 RESIDENT.—If an alien who was the spouse or child 

9 of a citizen of the United States or of an alien law10 fully admitted for permanent residence and was not 

11 legally separated from the citizen or lawful perma12 nent resident at the time of the citizen’s or lawful 

13 permanent resident’s death files a petition under 

14 section 204(a)(1)(B), the alien spouse (and each 

15 child of the alien) shall remain, for purposes of this 

16 paragraph, an immediate relative during the period 

17 beginning on the date of the citizen’s or permanent 

18 resident’s death and ending on the date on which 

19 the alien spouse remarries. 

20 ‘‘(D) PROTECTION OF VICTIMS OF ABUSE.—An 

21 alien who has filed a petition under clause (iii) or 

22 (iv) of section 204(a)(1)(A) shall remain, for pur23 poses of this paragraph, an immediate relative if the 

24 United States citizen or lawful permanent resident 


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1 spouse or parent loses United States citizenship on 

2 account of the abuse.’’; and 

3 (2) in section 203(a) (8 U.S.C. 1153(a))— 

4 (A) in paragraph (1), by striking ‘‘23,400’’ 

5 and inserting ‘‘111,334’’; and 

6 (B) by amending paragraph (2) to read as 

7 follows: 

8 ‘‘(2) UNMARRIED SONS AND UNMARRIED

9 DAUGHTERS OF LAWFUL PERMANENT RESIDENTS.— 

10 Qualified immigrants who are the unmarried sons or 

11 unmarried daughters (but are not the children) of 

12 aliens lawfully admitted for permanent residence 

13 shall be allocated visas in a number not to exceed 

14 26,266, plus— 

15 ‘‘(A) the number of visas by which the 

16 worldwide level exceeds 226,000; and 

17 ‘‘(B) the number of visas not required for 

18 the class specified in paragraph (1).’’. 

19 (b) PROTECTING CHILDREN FROM AGING OUT.— 

20 Section 203(h) of the Immigration and Nationality Act (8 

21 U.S.C. 1153(h)) is amended— 

22 (1) by amending paragraph (1) to read as fol23 lows: 

24 ‘‘(1) IN GENERAL.—For purposes of subsection 

25 (d), a determination of whether an alien satisfies the 


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1 age requirement in the matter preceding subpara2 graph (A) of section 101(b)(1) shall be made using 

3 the age of the alien on the date on which the peti4 tion is filed with the Secretary of Homeland Security 

5 under section 204.’’; 

6 (2) by amending paragraph (2) to read as fol7 lows: 

8 ‘‘(2) PETITIONS DESCRIBED.—A petition de9 scribed in this paragraph is a petition filed under 

10 section 204 for classification of— 

11 ‘‘(A) the alien’s parent under subsection 

12 (a), (b), or (c); or 

13 ‘‘(B) the alien as an immediate relative 

14 based on classification as a child of— 

15 ‘‘(i) a citizen of the United States; or 

16 ‘‘(ii) a lawful permanent resident.’’; 

17 (3) in paragraph (3), by striking ‘‘subsections 

18 (a)(2)(A) and’’ and inserting ‘‘subsection’’; and 

19 (4) by adding at the end the following: 

20 ‘‘(5) TREATMENT FOR NONIMMIGRANT CAT21 EGORIES PURPOSES.—An alien dependent treated as 

22 a child for immigrant visa purposes under this sub23 section shall be treated as a dependent child for non24 immigrant categories.’’. 

25 (c) CONFORMING AMENDMENTS.— 


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1 (1) DEFINITIONS.—Section 101(a)(15)(K)(ii) of 

2 the Immigration and Nationality Act (8 U.S.C. 

3 1101(a)(15)(K)(ii)) is amended by striking ‘‘section 

4 201(b)(2)(A)(i)’’ and inserting ‘‘section 201(b)(2) 

5 (other than clause (v) or (vi) of subparagraph (B))’’. 

6 (2) RULES FOR DETERMINING WHETHER CER7 TAIN ALIENS ARE IMMEDIATE RELATIVES.—Section 

8 201(f) of the Immigration and Nationality Act (8 

9 U.S.C. 1151(f)) is amended— 

10 (A) in paragraph (1), by striking ‘‘para11 graphs (2) and (3),’’ and inserting ‘‘paragraph 

12 (2),’’; 

13 (B) by striking paragraph (2); 

14 (C) by redesignating paragraphs (3) and 

15 (4) as paragraphs (2) and (3), respectively; and 

16 (D) in paragraph (3), as so redesignated, 

17 by striking ‘‘through (3)’’ and inserting ‘‘and 

18 (2)’’. 

19 (3) PER COUNTRY LEVEL.—Section 

20 202(a)(1)(A) of the Immigration and Nationality 

21 Act (8 U.S.C. 1152(a)(1)(A)) is amended by striking 

22 ‘‘section 201(b)(2)(A)(i)’’ and inserting ‘‘section 

23 201(b)(2) (other than clause (v) or (vi) of subpara24 graph (B))’’. 


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1 (4) NUMERICAL LIMITATION TO ANY SINGLE

2 FOREIGN STATE.—Section 202(a)(4) (8 U.S.C. 

3 1152(a)(4)) is amended— 

4 (A) by striking subparagraphs (A) and 

5 (B); 

6 (B) by redesignating subparagraphs (C) 

7 and (D) as subparagraphs (A) and (B), respec8 tively; and 

9 (C) in subparagraph (A), as so redesig10 nated— 

11 (i) by striking the undesignated mat12 ter following clause (ii); 

13 (ii) by striking clause (ii); 

14 (iii) in clause (i), by striking ‘‘, or’’ 

15 and inserting a period; and 

16 (iv) in the matter preceding clause (i), 

17 by striking ‘‘section 203(a)(2)(B) may not 

18 exceed’’ and all that follows through ‘‘23 

19 percent’’ in clause (i) and inserting ‘‘sec20 tion 203(a)(2) may not exceed 23 per21 cent’’. 

22 (5) PROCEDURES FOR GRANTING IMMIGRANT

23 STATUS.—Section 204 of the Immigration and Na24 tionality Act (8 U.S.C. 1154) is amended— 

25 (A) in subsection (a)— 


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1 (i) in paragraph (1)— 

2 (I) in subparagraph (A)— 

3 (aa) in clause (i), by striking 

4 ‘‘section 201(b)(2)(A)(i)’’ and in5 serting ‘‘clause (i) or (ii) of sec6 tion 201(b)(2)(B)’’; 

7 (bb) in clause (ii), by strik8 ing ‘‘the second sentence of sec9 tion 201(b)(2)(A)(i)’’ and insert10 ing ‘‘section 201(b)(2)(C)’’; 

11 (cc) by amending clause (iii) 

12 to read as follows: 

13 ‘‘(iii)(I) An alien who is described in clause 

14 (ii) may file a petition with the Secretary of 

15 Homeland Security under this subparagraph for 

16 classification of the alien (and any child of the 

17 alien) if the alien demonstrates to the Secretary 

18 that— 

19 ‘‘(aa) the marriage or the intent to 

20 marry the citizen of the United States or 

21 lawful permanent resident was entered into 

22 in good faith by the alien; and 

23 ‘‘(bb) during the marriage or relation24 ship intended by the alien to be legally a 

25 marriage, the alien or a child of the alien 


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1 has been battered or has been the subject 

2 of extreme cruelty perpetrated by the 

3 alien’s spouse or intended spouse. 

4 ‘‘(II) For purposes of subclause (I), an 

5 alien described in this subclause is an alien— 

6 ‘‘(aa)(AA) who is the spouse of a cit7 izen of the United States or lawful perma8 nent resident; 

9 ‘‘(BB) who believed that he or she 

10 had married a citizen of the United States 

11 or lawful permanent resident and with 

12 whom a marriage ceremony was actually 

13 performed and who otherwise meets any 

14 applicable requirements under this Act to 

15 establish the existence of and bona fides of 

16 a marriage, but whose marriage is not le17 gitimate solely because of the bigamy of 

18 such citizen of the United States or lawful 

19 permanent resident; or 

20 ‘‘(CC) who was a bona fide spouse of 

21 a citizen of the United States or a lawful 

22 permanent resident within the past 2 years 

23 and whose spouse died within the past 2 

24 years, whose spouse renounced citizenship 

25 status or renounced or lost status as a lawVerDate Sep 11 2014 03:59 Mar 02, 2022 Jkt 029200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S3721.IS S3721

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1 ful permanent resident within the past 2 

2 years related to an incident of domestic vi3 olence, or who demonstrates a connection 

4 between the legal termination of the mar5 riage within the past 2 years and battering 

6 or extreme cruelty by a spouse who is a 

7 citizen of the United States or a lawful 

8 permanent resident spouse; 

9 ‘‘(bb) who is a person of good moral 

10 character; 

11 ‘‘(cc) who is eligible to be classified as 

12 an immediate relative under section 

13 201(b)(2)(B) or who would have been so 

14 classified but for the bigamy of the citizen 

15 of the United States or lawful permanent 

16 resident that the alien intended to marry; 

17 and 

18 ‘‘(dd) who has resided with the alien’s 

19 spouse or intended spouse.’’; 

20 (dd) by amending clause (iv) 

21 to read as follows: 

22 ‘‘(iv) An alien who is the child of a citizen 

23 or lawful permanent resident of the United 

24 States, or who was a child of a United States 

25 citizen or lawful permanent resident parent who 


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1 within the past 2 years lost or renounced citi2 zenship status related to an incident of domes3 tic violence, and who is a person of good moral 

4 character, who is eligible to be classified as an 

5 immediate relative under section 201(b)(2)(B), 

6 and who resides, or has resided in the past, 

7 with the citizen or lawful permanent resident 

8 parent may file a petition with the Secretary of 

9 Homeland Security under this subparagraph for 

10 classification of the alien (and any child of the 

11 alien) under such section if the alien dem12 onstrates to the Secretary that the alien has 

13 been battered by or has been the subject of ex14 treme cruelty perpetrated by the alien’s citizen 

15 or lawful permanent resident parent. For pur16 poses of this clause, residence includes any pe17 riod of visitation.’’; and 

18 (ee) in clause (v)(I), in the 

19 matter preceding item (aa), by 

20 inserting ‘‘or lawful permanent 

21 resident’’ after ‘‘citizen’’; 

22 (ff) in clause (vi), by strik23 ing ‘‘renunciation of citizenship’’ 

24 and all that follows through ‘‘citi25 zenship status’’ and inserting 


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1 ‘‘renunciation of citizenship or 

2 lawful permanent resident status, 

3 death of the abuser, divorce, or 

4 changes to the abuser’s citizen5 ship or lawful permanent resident 

6 status’’; and 

7 (gg) in clause (vii), by strik8 ing ‘‘section 201(b)(2)(A)(i)’’ 

9 each place it appears and insert10 ing ‘‘section 201(b)(2)(B)’’; 

11 (II) by amending subparagraph 

12 (B) to read as follows: 

13 ‘‘(B)(i)(I) Except as provided in subclause 

14 (II), any alien lawfully admitted for permanent 

15 residence claiming that an alien is entitled to a 

16 classification by reason of the relationship de17 scribed in section 203(a)(2) may file a petition 

18 with the Attorney General for such classifica19 tion. 

20 ‘‘(II) Subclause (I) shall not apply in the 

21 case of an alien lawfully admitted for perma22 nent residence who has been convicted of a 

23 specified offense against a minor (as defined in 

24 subparagraph (A)(viii)(II)), unless the Sec25 retary of Homeland Security, in the Secretary’s 


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1 sole and unreviewable discretion, determines 

2 that such person poses no risk to the alien with 

3 respect to whom a petition described in sub4 clause (I) is filed. 

5 ‘‘(ii) An alien who was the child of a lawful per6 manent resident who within the past 2 years lost 

7 lawful permanent resident status due to an incident 

8 of domestic violence, and who is a person of good 

9 moral character, who is eligible for classification 

10 under section 203(a)(2), and who resides, or has re11 sided in the past, with the alien’s permanent resi12 dent alien parent may file a petition with the Sec13 retary of Homeland Security under this subpara14 graph for classification of the alien (and any child 

15 of the alien) under such section if the alien dem16 onstrates to the Secretary that the alien has been 

17 battered by or has been the subject of extreme cru18 elty perpetrated by the alien’s permanent resident 

19 parent. 

20 ‘‘(iii)(I) For purposes of a petition filed or ap21 proved under clause (ii), the loss of lawful perma22 nent resident status by a parent after the filing of 

23 a petition under that clause shall not adversely af24 fect approval of the petition, and for an approved 

25 petition, shall not affect the alien’s ability to adjust 


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1 status under subsections (a) and (c) of section 245 

2 or obtain status as a lawful permanent resident 

3 based on an approved self-petition under clause (ii). 

4 ‘‘(II) Upon the lawful permanent resident par5 ent becoming or establishing the existence of United 

6 States citizenship through naturalization, acquisition 

7 of citizenship, or other means, any petition filed with 

8 the Secretary of Homeland Security and pending or 

9 approved under clause (ii) on behalf of an alien who 

10 has been battered or subjected to extreme cruelty 

11 shall be deemed reclassified as a petition filed under 

12 subparagraph (A) even if the acquisition of citizen13 ship occurs after the termination of parental 

14 rights.’’; and 

15 (III) in subparagraph (D)(i)(I), 

16 by striking ‘‘paragraph (1), (2), or 

17 (3)’’ and inserting ‘‘paragraph (1) or 

18 (3)’’; and 

19 (ii) in paragraph (2)— 

20 (I) by striking ‘‘spousal second 

21 preference petition’’ each place it ap22 pears and inserting ‘‘petition for the 

23 spouse of an alien lawfully admitted 

24 for permanent residence’’; and 


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1 (II) in the undesignated matter 

2 following subparagraph (A)(ii), by 

3 striking ‘‘preference status under sec4 tion 203(a)(2)’’ and inserting ‘‘classi5 fication as an immediate relative 

6 under section 201(b)(2)(B)(ii)’’; 

7 (B) in subsection (c)(1), by striking ‘‘or 

8 preference status’’; and 

9 (C) in subsection (k)(1), by striking 

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

11 (6) EXCLUDABLE ALIENS.—Section 

12 212(d)(12)(B) of the Immigration and Nationality 

13 Act (8 U.S.C. 1182(d)(12)(B)) is amended by strik14 ing ‘‘section 201(b)(2)(A)’’ and inserting ‘‘section 

15 201(b)(2) (other than subparagraph (B)(vi))’’. 

16 (7) ADMISSION OF NONIMMIGRANTS.—Section 

17 214(r)(3)(A) of the Immigration and Nationality Act 

18 (8 U.S.C. 1184(r)(3)(A)) is amended by striking 

19 ‘‘section 201(b)(2)(A)(i)’’ and inserting ‘‘section 

20 201(b)(2) (other than clause (v) or (vi) of subpara21 graph (B)).’’ 

22 (8) DEFINITION OF ALIEN SPOUSE.—Section 

23 216(h)(1)(A) of the Immigration and Nationality 

24 Act (8 U.S.C. 1186a(h)(1)(A)) is amended by insertVerDate Sep 11 2014 03:59 Mar 02, 2022 Jkt 029200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\S3721.IS S3721

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24 

•S 3721 IS

1 ing ‘‘or an alien lawfully admitted for permanent 

2 residence’’ after ‘‘United States’’. 

3 (9) REFUGEE CRISIS IN IRAQ ACT OF 2007.— 

4 Section 1243(a)(4) of the Refugee Crisis in Iraq Act 

5 of 2007 (Public Law 110–118; 8 U.S.C. 1157 note) 

6 is amended by striking ‘‘section 201(b)(2)(A)(i)’’ 

7 and inserting ‘‘section 201(b)(2) (other than clause 

8 (v) or (vi) of subparagraph (B))’’. 

9 (10) PROCESSING OF VISA APPLICATIONS.— 

10 Section 233(b)(1) of the Department of State Au11 thorization Act, Fiscal Year 2003 (Public Law 107– 

12 228; 8 U.S.C. 1201 note) is amended by striking 

13 ‘‘section 201(b)(2)(A)(i)’’ and inserting ‘‘section 

14 201(b)(2) (other than clause (v) or (vi) of subpara15 graph (B))’’. 

Æ 


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