II 

111TH CONGRESS 

1ST SESSION S. 1085 

To amend the Immigration and Nationality Act to promote family unity, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 20, 2009 

Mr. MENENDEZ (for himself, Mrs. GILLIBRAND, Mr. KENNEDY, and Mr. 

SCHUMER) 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 promote 

family unity, 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 ‘‘Reuniting Families 

5 Act’’. 

6 SEC. 2. RECAPTURE OF IMMIGRANT VISAS LOST TO BU7 REAUCRATIC DELAY. 

8 (a) WORLDWIDE LEVEL OF FAMILY-SPONSORED IM9 MIGRANTS.—Section 201(c) of the Immigration and NaVerDate Nov 24 2008 00:37 May 22, 2009 Jkt 079200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1085.IS S1085

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1 tionality Act (8 U.S.C. 1151(c)) is amended to read as 

2 follows: 

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

4 IMMIGRANTS.— 

5 ‘‘(1) IN GENERAL.—Subject to subparagraph 

6 (B), the worldwide level of family-sponsored immi7 grants under this subsection for a fiscal year is 

8 equal to the sum of— 

9 ‘‘(A) 480,000; and 

10 ‘‘(B) the sum of— 

11 ‘‘(i) the number computed under 

12 paragraph (2); and 

13 ‘‘(ii) the number computed under 

14 paragraph (3). 

15 ‘‘(2) UNUSED VISA NUMBERS FROM PREVIOUS

16 FISCAL YEAR.—The number computed under this 

17 paragraph for a fiscal year is the difference, if any, 

18 between— 

19 ‘‘(A) the worldwide level of family-spon20 sored immigrant visas established for the pre21 vious fiscal year; and 

22 ‘‘(B) the number of visas issued under sec23 tion 203(a), subject to this subsection, during 

24 the previous fiscal year. 


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1 ‘‘(3) UNUSED VISA NUMBERS FROM FISCAL

2 YEARS 1992 THROUGH 2007.—The number computed 

3 under this paragraph is the difference, if any, be4 tween— 

5 ‘‘(A) the difference, if any, between— 

6 ‘‘(i) the sum of the worldwide levels of 

7 family-sponsored immigrant visas estab8 lished for fiscal years 1992 through 2007; 

9 and 

10 ‘‘(ii) the number of visas issued under 

11 section 203(a), subject to this subsection, 

12 during such fiscal years; and 

13 ‘‘(B) the number of unused visas from fis14 cal years 1992 through 2007 that were issued 

15 after fiscal year 2007 under section 203(a), 

16 subject to this subsection.’’. 

17 (b) WORLDWIDE LEVEL OF EMPLOYMENT-BASED

18 IMMIGRANTS.—Section 201(d) of the Immigration and 

19 Nationality Act (8 U.S.C. 1151(d)) is amended to read 

20 as follows: 

21 ‘‘(d) WORLDWIDE LEVEL OF EMPLOYMENT-BASED

22 IMMIGRANTS.— 

23 ‘‘(1) IN GENERAL.—The worldwide level of em24 ployment-based immigrants under this subsection for 

25 a fiscal year is equal to the sum of— 


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1 ‘‘(A) 140,000; 

2 ‘‘(B) the number computed under para3 graph (2); and 

4 ‘‘(C) the number computed under para5 graph (3). 

6 ‘‘(2) UNUSED VISA NUMBERS FROM PREVIOUS

7 FISCAL YEAR.—The number computed under this 

8 paragraph for a fiscal year is the difference, if any, 

9 between— 

10 ‘‘(A) the worldwide level of employment11 based immigrant visas established for the pre12 vious fiscal year; and 

13 ‘‘(B) the number of visas issued under sec14 tion 203(b), subject to this subsection, during 

15 the previous fiscal year. 

16 ‘‘(3) UNUSED VISA NUMBERS FROM FISCAL

17 YEARS 1992 THROUGH 2007.—The number computed 

18 under this paragraph is the difference, if any, be19 tween— 

20 ‘‘(A) the difference, if any, between— 

21 ‘‘(i) the sum of the worldwide levels of 

22 employment-based immigrant visas estab23 lished for each of fiscal years 1992 

24 through 2007; and 


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1 ‘‘(ii) the number of visas issued under 

2 section 203(b), subject to this subsection, 

3 during such fiscal years; and 

4 ‘‘(B) the number of unused visas from fis5 cal years 1992 through 2007 that were issued 

6 after fiscal year 2007 under section 203(b), 

7 subject to this subsection.’’. 

8 (c) EFFECTIVE DATE.—The amendments made by 

9 this section shall take effect on the date which is 60 days 

10 after the date of the enactment of this Act. 

11 SEC. 3. RECLASSIFICATION OF SPOUSES AND MINOR CHIL12 DREN OF LEGAL PERMANENT RESIDENTS AS 

13 IMMEDIATE RELATIVES. 

14 (a) IN GENERAL.—Section 201(b)(2) of the Immi15 gration and Nationality Act (8 U.S.C. 1151(b)(2)) is 

16 amended to read as follows: 

17 ‘‘(2) IMMEDIATE RELATIVE.— 

18 ‘‘(A) IN GENERAL.— 

19 ‘‘(i) IMMEDIATE RELATIVE DE20 FINED.—In this subparagraph, the term 

21 ‘immediate relative’ means a child, spouse, 

22 or parent of a citizen of the United States 

23 or a child or spouse of a lawful permanent 

24 resident (and for each family member of a 

25 citizen or lawful permanent resident under 


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1 this subparagraph, such individual’s spouse 

2 or child who is accompanying or following 

3 to join the individual), except that, in the 

4 case of parents, such citizens shall be at 

5 least 21 years of age. 

6 ‘‘(ii) PREVIOUSLY ISSUED VISA.— 

7 Aliens admitted under section 211(a) on 

8 the basis of a prior issuance of a visa 

9 under section 203(a) to their accom10 panying parent who is an immediate rel11 ative. 

12 ‘‘(iii) PARENTS AND CHILDREN.—An 

13 alien who was the child or parent of a cit14 izen of the United States or a child of a 

15 lawful permanent resident at the time of 

16 the citizen’s or resident’s death if the alien 

17 files a petition under 204(a)(1)(A)(ii) with18 in 2 years after such date or prior to 

19 reaching 21 years of age. 

20 ‘‘(iv) SPOUSE.—An alien who was the 

21 spouse of a citizen of the United States or 

22 lawful permanent resident for not less than 

23 2 years at the time of the citizen’s or resi24 dent’s death or, if married for less than 2 

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1 dent’s death, proves by a preponderance of 

2 the evidence that the marriage was entered 

3 into in good faith and not solely for the 

4 purpose of obtaining an immigration ben5 efit and was not legally separated from the 

6 citizen or resident at the time of the citi7 zen’s or resident’s death, and each child of 

8 such alien, shall be considered, for pur9 poses of this subsection, an immediate rel10 ative after the date of the citizen’s or resi11 dent’s death if the spouse files a petition 

12 under section 204(a)(1)(A)(ii) before the 

13 earlier of— 

14 ‘‘(I) 2 years after such date; or 

15 ‘‘(II) the date on which the 

16 spouse remarries. 

17 ‘‘(v) SPECIAL RULE.—For purposes of 

18 this subparagraph, an alien who has filed 

19 a petition under clause (iii) or (iv) of sec20 tion 204(a)(1)(A) remains an immediate 

21 relative if the United States citizen or law22 ful permanent resident spouse or parent 

23 loses United States citizenship or residence 

24 on account of the abuse. 


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1 ‘‘(B) BIRTH DURING TEMPORARY VISIT

2 ABROAD.—Aliens born to an alien lawfully ad3 mitted for permanent residence during a tem4 porary visit abroad.’’. 

5 (b) ALLOCATION OF IMMIGRANT VISAS.—Section 

6 203(a) of the Immigration and Nationality Act (8 U.S.C. 

7 1153(a)) is amended— 

8 (1) in paragraph (1), by striking ‘‘23,400’’ and 

9 inserting ‘‘38,000’’; 

10 (2) by striking paragraph (2) and inserting the 

11 following: 

12 ‘‘(2) UNMARRIED SONS AND UNMARRIED

13 DAUGHTERS OF PERMANENT RESIDENT ALIENS.— 

14 Qualified immigrants who are the unmarried sons or 

15 unmarried daughters (but are not the children) of 

16 an alien lawfully admitted for permanent residence 

17 shall be allocated visas in a number not to exceed 

18 60,000, plus any visas not required for the class 

19 specified in paragraph (1).’’; 

20 (3) in paragraph (3), by striking ‘‘23,400’’ and 

21 inserting ‘‘38,000’’; and 

22 (4) in paragraph (4), by striking ‘‘65,000’’ and 

23 inserting ‘‘90,000’’. 

24 (c) TECHNICAL AND CONFORMING AMENDMENTS.— 


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1 (1) RULES FOR DETERMINING WHETHER CER2 TAIN ALIENS ARE IMMEDIATE RELATIVES.—Section 

3 201(f) of the Immigration and Nationality Act (8 

4 U.S.C. 1151(f)) is amended— 

5 (A) in paragraph (1), by striking ‘‘para6 graphs (2) and (3),’’ and inserting ‘‘paragraph 

7 (2),’’; 

8 (B) by striking paragraph (2); 

9 (C) by redesignating paragraphs (3) and 

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

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

12 subparagraph (C), by striking ‘‘through (3)’’ 

13 and inserting ‘‘and (2)’’. 

14 (2) NUMERICAL LIMITATION TO ANY SINGLE

15 FOREIGN STATE.—Section 202 of the Immigration 

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

17 (A) in subsection (a)(4)— 

18 (i) by striking subparagraphs (A) and 

19 (B); 

20 (ii) by redesignating subparagraphs 

21 (C) and (D) as subparagraphs (A) and 

22 (B), respectively; and 

23 (iii) in subparagraph (A), as redesig24 nated by clause (ii), by striking ‘‘section 


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1 203(a)(2)(B)’’ and inserting ‘‘section 

2 203(a)(2)’’; and 

3 (B) in subsection (e), in the flush matter 

4 following paragraph (3), by striking ‘‘, or as 

5 limiting the number of visas that may be issued 

6 under section 203(a)(2)(A) pursuant to sub7 section (a)(4)(A)’’. 

8 (3) ALLOCATION OF IMMIGRATION VISAS.—Sec9 tion 203(h) of the Immigration and Nationality Act 

10 (8 U.S.C. 1153(h)) is amended— 

11 (A) in paragraph (1)— 

12 (i) in the matter preceding subpara13 graph (A), by striking ‘‘subsections 

14 (a)(2)(A) and (d)’’ and inserting ‘‘sub15 section (d)’’; 

16 (ii) in subparagraph (A), by striking 

17 ‘‘becomes available for such alien (or, in 

18 the case of subsection (d), the date on 

19 which an immigrant visa number became 

20 available for the alien’s parent),’’ and in21 serting ‘‘became available for the alien’s 

22 parent,’’; and 

23 (iii) in subparagraph (B), by striking 

24 ‘‘applicable’’; 


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

2 follows: 

3 ‘‘(2) PETITIONS DESCRIBED.—The petition de4 scribed in this paragraph is a petition filed under 

5 section 204 for classification of the alien’s parent 

6 under subsection (a), (b), or (c).’’; and 

7 (C) in paragraph (3), by striking ‘‘sub8 sections (a)(2)(A) and (d)’’ and inserting ‘‘sub9 section (d)’’. 

10 (4) PROCEDURE FOR GRANTING IMMIGRANT

11 STATUS.—Section 204 of the Immigration and Na12 tionality Act (8 U.S.C. 1154) is amended— 

13 (A) in subsection (a)(1)— 

14 (i) in subparagraph (A)— 

15 (I) in clause (i), by inserting ‘‘or 

16 lawful permanent resident’’ after ‘‘cit17 izen’’; 

18 (II) in clause (ii), by striking 

19 ‘‘described in the second sentence of 

20 section 201(b)(2)(A)(i) also’’ and in21 serting ‘‘, alien child, or alien parent 

22 described in section 201(b)(2)(A)’’; 

23 (III) in clause (iii)— 


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1 (aa) in subclause (I)(aa), by 

2 inserting ‘‘or legal permanent 

3 resident’’ after ‘‘citizen’’; and 

4 (bb) in subclause (II)(aa)— 

5 (AA) in subitems (AA) 

6 and (BB), by inserting ‘‘or 

7 legal permanent resident;’’ 

8 after ‘‘citizen’’ each place 

9 that term appears; 

10 (BB) in subitem (CC), 

11 by inserting ‘‘or legal per12 manent resident’’ after ‘‘cit13 izen’’ each place that term 

14 appears; and 

15 (CC) in subitem 

16 (CC)(bbb), by inserting ‘‘or 

17 legal permanent resident’’ 

18 after ‘‘citizenship’’; 

19 (IV) in clause (iv), by inserting 

20 ‘‘or legal permanent resident’’ after 

21 ‘‘citizen’’ each place that term ap22 pears; 

23 (V) in clause (v)(I), by inserting 

24 ‘‘or legal permanent resident’’ after 

25 ‘‘citizen’’; and 


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1 (VI) in clause (vi)— 

2 (aa) by inserting ‘‘or legal 

3 permanent resident status’’ after 

4 ‘‘renunciation of citizenship’’; 

5 and 

6 (bb) by inserting ‘‘or legal 

7 permanent resident’’ after ‘‘abus8 er’s citizenship’’; 

9 (ii) by striking subparagraph (B); 

10 (iii) in subparagraph (C), by striking 

11 ‘‘subparagraph (A)(iii), (A)(iv), (B)(ii), or 

12 (B)(iii)’’ and inserting ‘‘clause (iii) or (iv) 

13 of subparagraph (A)’’; and 

14 (iv) in subparagraph (J), by striking 

15 ‘‘or clause (ii) or (iii) of subparagraph 

16 (B)’’; 

17 (B) in subsection (a), by striking para18 graph (2); 

19 (C) in subsection (c)(1), by striking ‘‘or 

20 preference status’’; and 

21 (D) in subsection (h), by striking ‘‘or a pe22 tition filed under subsection (a)(1)(B)(ii)’’. 

23 SEC. 4. COUNTRY LIMITS. 

24 Section 202(a)(2) of the Immigration and Nationality 

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1 cent (in the case of a single foreign state) or 2 percent’’ 

2 and inserting ‘‘10 percent (in the case of a single foreign 

3 state) or 5 percent’’. 

4 SEC. 5. PROMOTING FAMILY UNITY. 

5 Section 212(a)(9) of the Immigration and Nationality 

6 Act (8 U.S.C. 1182(a)(9)) is amended— 

7 (1) in subparagraph (B)— 

8 (A) in clause (iii)— 

9 (i) in subclause (I), by striking ‘‘18 

10 years of age’’ and inserting ‘‘21 years of 

11 age’’; 

12 (ii) by moving subclause (V) 4 ems to 

13 the right; and 

14 (iii) by adding at the end the fol15 lowing: 

16 ‘‘(VI) Clause (i) shall not apply 

17 to an alien for whom an immigrant 

18 visa is available or was available on or 

19 before the date of the enactment of 

20 the Reuniting Families Act, and is 

21 otherwise admissible to the United 

22 States for permanent residence.’’; and 

23 (B) in clause (v)— 


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1 (i) by striking ‘‘spouse or son or 

2 daughter’’ and inserting ‘‘spouse, son, 

3 daughter, or parent’’; 

4 (ii) by striking ‘‘extreme’’; 

5 (iii) by inserting ‘‘, son, daughter, or’’ 

6 after ‘‘lawfully resident spouse’’; and 

7 (iv) by striking ‘‘alien.’’ and inserting 

8 ‘‘alien or, if the Attorney General deter9 mines that a waiver is necessary for hu10 manitarian purposes, to ensure family 

11 unity or is otherwise in the public inter12 est.’’; and 

13 (2) in subparagraph (C), by amending clause 

14 (ii) to read as follows: 

15 ‘‘(ii) EXCEPTIONS.—Clause (i) shall 

16 not apply to an alien— 

17 ‘‘(I) seeking admission more than 

18 10 years after the date of the alien’s 

19 last departure from the United States 

20 if, prior to the alien’s reembarkation 

21 at a place outside the United States 

22 or attempt to be readmitted from a 

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1 sented to the alien’s reapplication for 

2 admission; or 

3 ‘‘(II) for whom an immigrant 

4 visa is available or was available on or 

5 before the date of the enactment of 

6 the Reuniting Families Act, and is 

7 otherwise admissible to the United 

8 States for permanent residence.’’. 

9 SEC. 6. RELIEF FOR ORPHANS, WIDOWS, AND WIDOWERS. 

10 (a) IN GENERAL.— 

11 (1) SPECIAL RULE FOR ORPHANS AND

12 SPOUSES.—In applying clauses (iii) and (iv) of sec13 tion 201(b)(2)(A) of the Immigration and Nation14 ality Act, as added by section 3(a), to an alien whose 

15 citizen or lawful permanent resident relative died be16 fore the date of the enactment of this Act, the alien 

17 relative may file the classification petition under sec18 tion 204(a)(1)(A)(ii) of such Act, as amended by 

19 section 3(c)(4)(A)(i)(II), not later than 2 years after 

20 the date of the enactment of this Act. 

21 (2) ELIGIBILITY FOR PAROLE.—If an alien was 

22 excluded, deported, removed, or departed voluntarily 

23 before the date of the enactment of this Act based 

24 solely upon the alien’s lack of classification as an 

25 immediate relative (as defined in section 


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1 201(b)(2)(A)(i) of the Immigration and Nationality 

2 Act, as amended by section 3(a)) due to the death 

3 of such citizen or resident— 

4 (A) such alien shall be eligible for parole 

5 into the United States pursuant to the Attorney 

6 General’s discretionary authority under section 

7 212(d)(5) of such Act (8 U.S.C. 1182(d)(5)); 

8 and 

9 (B) such alien’s application for adjustment 

10 of status shall be considered notwithstanding 

11 section 212(a)(9) of such Act (8 U.S.C. 

12 1182(a)(9)). 

13 (b) ADJUSTMENT OF STATUS.—Section 245 of the 

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

15 amended by adding at the end the following: 

16 ‘‘(n) APPLICATION FOR ADJUSTMENT OF STATUS BY

17 SURVIVING SPOUSES, PARENTS, AND CHILDREN.— 

18 ‘‘(1) IN GENERAL.—An alien described in para19 graph (2) who applies for adjustment of status be20 fore the death of the qualifying relative may have 

21 such application adjudicated as if such death had 

22 not occurred. 

23 ‘‘(2) ALIEN DESCRIBED.—An alien described in 

24 this paragraph is an alien who— 


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1 ‘‘(A) is an immediate relative (as described 

2 in section 201(b)(2)(A)); 

3 ‘‘(B) is a family-sponsored immigrant (as 

4 described in subsection (a) or (d) of section 

5 203); or 

6 ‘‘(C) is a derivative beneficiary of an em7 ployment-based immigrant under section 203(b) 

8 (as described in section 203(d)).’’. 

9 (c) TRANSITION PERIOD.— 

10 (1) IN GENERAL.—Notwithstanding a denial of 

11 an application for adjustment of status for an alien 

12 whose qualifying relative died before the date of the 

13 enactment of this Act, such application may be re14 newed by the alien through a motion to reopen, 

15 without fee, if such motion is filed not later than 2 

16 years after such date of enactment. 

17 (2) ELIGIBILITY FOR PAROLE.—If an alien de18 scribed in section 245(n)(2) of the Immigration and 

19 Nationality Act, as added by subsection (b), was ex20 cluded, deported, removed, or departed voluntarily 

21 before the date of the enactment of this Act— 

22 (A) such alien shall be eligible for parole 

23 into the United States pursuant to the Attorney 

24 General’s discretionary authority under section 


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1 212(d)(5) of the Immigration and Nationality 

2 Act (8 U.S.C. 1182(d)(5)); and 

3 (B) such alien’s application for adjustment 

4 of status shall be considered notwithstanding 

5 section 212(a)(9) of such Act (8 U.S.C. 

6 1182(a)(9)). 

7 (d) PROCESSING OF IMMIGRANT VISAS AND DERIVA8 TIVE PETITIONS.— 

9 (1) IN GENERAL.—Section 204(b) of the Immi10 gration and Nationality Act (8 U.S.C. 1154(b)) is 

11 amended— 

12 (A) by striking ‘‘After an investigation’’ 

13 and inserting the following: 

14 ‘‘(1) IN GENERAL.—After an investigation’’; 

15 and 

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

17 ‘‘(2) DEATH OF QUALIFYING RELATIVE.— 

18 ‘‘(A) IN GENERAL.—Any alien described in 

19 subparagraph (B) whose qualifying relative died 

20 before the completion of immigrant visa proc21 essing may have an immigrant visa application 

22 adjudicated as if such death had not occurred. 

23 An immigrant visa issued before the death of 

24 the qualifying relative shall remain valid after 

25 such death. 


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1 ‘‘(B) ALIEN DESCRIBED.—An alien de2 scribed in this subparagraph is an alien who— 

3 ‘‘(i) is an immediate relative (as de4 scribed in section 201(b)(2)(A)); 

5 ‘‘(ii) is a family-sponsored immigrant 

6 (as described in subsection (a) or (d) of 

7 section 203); 

8 ‘‘(iii) is a derivative beneficiary of an 

9 employment-based immigrant under section 

10 203(b) (as described in section 203(d)); or 

11 ‘‘(iv) is the spouse or child of a ref12 ugee (as described in section 207(c)(2)) or 

13 an asylee (as described in section 

14 208(b)(3)).’’. 

15 (2) TRANSITION PERIOD.— 

16 (A) IN GENERAL.—Notwithstanding a de17 nial or revocation of an application for an immi18 grant visa for an alien whose qualifying relative 

19 died before the date of the enactment of this 

20 Act, such application may be renewed by the 

21 alien through a motion to reopen, without fee, 

22 if such motion is filed not later than 2 years 

23 after such date of enactment. 

24 (B) INAPPLICABILITY OF BARS TO

25 ENTRY.—Notwithstanding section 212(a)(9) of 


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

2 1182(a)(9)), an alien’s application for an immi3 grant visa shall be considered if the alien was 

4 excluded, deported, removed, or departed volun5 tarily before the date of the enactment of this 

6 Act. 

7 (e) NATURALIZATION.—Section 319(a) of the Immi8 gration and Nationality Act (8 U.S.C. 1430(a)) is amend9 ed by inserting ‘‘(or, if the spouse is deceased, the spouse 

10 was a citizen of the United States)’’ after ‘‘citizen of the 

11 United States’’. 

12 SEC. 7. EXEMPTION FROM IMMIGRANT VISA LIMIT FOR 

13 CERTAIN VETERANS WHO ARE NATIVES OF 

14 PHILIPPINES. 

15 Section 201(b)(1) of the Immigration and Nationality 

16 Act (8 U.S.C. 1151(b)(1)) is amended by adding at the 

17 end the following: 

18 ‘‘(F) Aliens who are eligible for an immigrant 

19 visa under paragraph (1) or (3) of section 203(a) 

20 and who have a parent who was naturalized pursu21 ant to section 405 of the Immigration Act of 1990 

22 (8 U.S.C. 1440 note).’’. 

23 SEC. 8. FIANCE ́ E CHILD STATUS PROTECTION. 

24 (a) DEFINITION.—Section 101(a)(15)(K)(iii) of the 

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


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1 1101(a)(15)(K)(iii)) is amended by inserting ‘‘, provided 

2 that a determination of the age of such minor child is 

3 made using the age of the alien on the date on which the 

4 petition is filed with the Secretary of Homeland Security 

5 to classify the alien’s parent as the fiance ́e or fiance ́ of 

6 a United States citizen (in the case of an alien parent de7 scribed in clause (i)) or as the spouse of a United States 

8 citizen under section 201(b)(2)(A)(i) (in the case of an 

9 alien parent described in clause (ii));’’ before the semicolon 

10 at the end. 

11 (b) ADJUSTMENT OF STATUS AUTHORIZED.—Section 

12 214(d) of the Immigration and Nationality Act (8 U.S.C. 

13 1184(d)(1)) is amended— 

14 (1) by redesignating paragraphs (2) and (3) as 

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

16 (2) in paragraph (1), by striking ‘‘In the event’’ 

17 and inserting the following: 

18 ‘‘(2)(A) If an alien does not marry the petitioner 

19 under paragraph (1) within 3 months after the alien and 

20 the alien’s minor children are admitted into the United 

21 States, such alien and children shall be required to depart 

22 from the United States. If such aliens fail to depart from 

23 the United States, they shall be removed in accordance 

24 with sections 240 and 241. 


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1 ‘‘(B) Subject to subparagraphs (C) and (D), if an 

2 alien marries the petitioner described in section 

3 101(a)(15)(K)(i) within 3 months after the alien is admit4 ted into the United States, the Secretary of Homeland Se5 curity or the Attorney General, subject to the provisions 

6 of section 245(d), may adjust the status of the alien, and 

7 any minor children accompanying or following to join the 

8 alien, to that of an alien lawfully admitted for permanent 

9 residence on a conditional basis under section 216 if the 

10 alien and any such minor children apply for such adjust11 ment and are not determined to be inadmissible to the 

12 United States. 

13 ‘‘(C) Paragraphs (5) and (7)(A) of section 212(a) 

14 shall not apply to an alien who is eligible to apply for ad15 justment of his or her status to an alien lawfully admitted 

16 for permanent residence under this section. 

17 ‘‘(D) An alien eligible for a waiver of inadmissibility 

18 as otherwise authorized under this Act shall be permitted 

19 to apply for adjustment of his or her status to that of 

20 an alien lawfully admitted for permanent residence under 

21 this section.’’. 

22 (c) AGE DETERMINATION.—Section 245(d) of the 

23 Immigration and Nationality Act (8 U.S.C. 1155(d)) is 

24 amended— 


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1 (1) by inserting ‘‘(1)’’ before ‘‘The Attorney 

2 General’’; and 

3 (2) by adding at the end the following: 

4 ‘‘(2) A determination of the age of an alien admitted 

5 to the United States under section 101(a)(15)(K)(iii) shall 

6 be made, for purposes of adjustment to the status of an 

7 alien lawfully admitted for permanent residence on a con8 ditional basis under section 216, using the age of the alien 

9 on the date on which the petition is filed with the Sec10 retary of Homeland Security to classify the alien’s parent 

11 as the fiance ́e or fiance ́ of a United States citizen (in the 

12 case of an alien parent admitted to the United States 

13 under section 101(a)(15)(K)(i)) or as the spouse of a 

14 United States citizen under section 201(b)(2)(A)(i) (in the 

15 case of an alien parent admitted to the United States 

16 under section 101(a)(15)(K)(ii)).’’. 

17 (d) EFFECTIVE DATE.— 

18 (1) IN GENERAL.—The amendments made by 

19 this section shall be effective as if included in the 

20 Immigration Marriage Fraud Amendments of 1986 

21 (Public Law 99–639). 

22 (2) APPLICABILITY.—The amendments made 

23 by this section shall apply to all petitions or applica24 tions described in such amendments that— 


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1 (A) are pending as of the date of the en2 actment of this Act; or 

3 (B) have been denied, but would have been 

4 approved if such amendments had been in effect 

5 at the time of adjudication of the petition or 

6 application. 

7 (3) MOTION TO REOPEN OR RECONSIDER.—A 

8 motion to reopen or reconsider a petition or applica9 tion described in paragraph (2)(B) shall be granted 

10 if such motion is filed with the Secretary of Home11 land Security or the Attorney General not later than 

12 2 years after the date of the enactment of this Act. 

13 SEC. 9. EQUAL TREATMENT FOR ALL STEPCHILDREN. 

14 Section 101(b)(1)(B) of the Immigration and Nation15 ality Act (8 U.S.C. 1101(b)(1)(B)) is amended by striking 

16 ‘‘, provided the child had not reached the age of eighteen 

17 years at the time the marriage creating the status of step18 child occurred’’. 

Æ 


rfrederick on PROD1PC67 with BILLS