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Union Calendar No. 28

107TH CONGRESS

1ST SESSION H. R. 1209

[Report No. 107–45]

To amend the Immigration and Nationality Act to determine whether an

alien is a child, for purposes of classification as an immediate relative,

based on the age of the alien on the date the classification petition

with respect to the alien is filed, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MARCH 26, 2001

Mr. GEKAS (for himself and Ms. JACKSON-LEE of Texas) introduced the

following bill; which was referred to the Committee on the Judiciary

APRIL 20, 2001

Committed to the Committee of the Whole House on the State of the Union

and ordered to be printed

A BILL

To amend the Immigration and Nationality Act to determine

whether an alien is a child, for purposes of classification

as an immediate relative, based on the age of the alien

on the date the classification petition with respect to

the alien is filed, 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,
2

•HR 1209 RH

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Child Status Protec3 tion Act of 2001’’.

4 SEC. 2. USE OF AGE ON PETITION FILING DATE, PARENT’S

5 NATURALIZATION DATE, OR MARRIAGE TER6 MINATION DATE, IN DETERMINING STATUS

7 AS A CHILD OF A CITIZEN.

8 (a) IN GENERAL.—Section 201(b)(2)(A) of the Im9 migration and Nationality Act (8 U.S.C. 1151(b)(2)(A))

10 is amended by adding at the end the following:

11 ‘‘(iii)(I) For purposes of clause (i), a determina12 tion of whether an unmarried alien is a child (as de13 fined in section 101(b)(1) in the matter preceding

14 subparagraph (A) of such section) of a citizen of the

15 United States shall be made using the age of the

16 alien on the date on which the petition is filed with

17 the Attorney General under section 204 to classify

18 the alien as an immediate relative under clause (i).

19 ‘‘(II) In the case of a petition under section 204

20 initially filed for an alien child’s classification as a

21 family-sponsored immigrant under section

22 203(a)(2)(A), based on the child’s parent being law23 fully admitted for permanent residence, if the peti24 tion is later converted, due to the naturalization of

25 the parent, to a petition to classify the alien as an

26 immediate relative under clause (i), the determina-
3

•HR 1209 RH

1 tion described in subclause (I) shall be made using

2 the age of the alien on the date of the parent’s natu3 ralization.

4 ‘‘(III) In the case of a petition under section

5 204 initially filed for an alien’s classification as a

6 family-sponsored immigrant under section 203(a)(3),

7 based on the alien’s being a married son or daughter

8 of a citizen, if the petition is later converted, due to

9 the legal termination of the alien’s marriage, to a

10 petition to classify the alien as an immediate relative

11 under clause (i), the determination described in sub12 clause (I) shall be made using the age of the alien

13 on the date of the termination of the marriage.’’.

14 (b) APPLICABILITY.—The amendment made by sub15 section (a) shall apply to determinations made under sec16 tion 201(b)(2)(A)(i) of the Immigration and Nationality

17 Act, and classification petitions filed under section 204 of

18 such Act, before, on, or after the date of the enactment

19 of this Act.
Union Calendar No. 28

107TH CONGRESS

1ST SESSION H. R. 1209

[Report No. 107–45]

A BILL

To amend the Immigration and Nationality Act to

determine whether an alien is a child, for purposes of classification as an immediate relative,based on the age of the alien on the date theclassification petition with respect to the alien isfiled, and for other purposes.

APRIL 20, 2001

Committed to the Committee of the Whole House on the

State of the Union and ordered to be printed