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[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1209 Referred in Senate (RFS)]

  1st Session
                                H. R. 1209

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              June 7, 2001

  Received; read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 AN ACT

 
 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Child Status Protection Act of 
2001''.

SEC. 2. USE OF AGE ON PETITION FILING DATE, PARENT'S NATURALIZATION 
              DATE, OR MARRIAGE TERMINATION DATE, IN DETERMINING STATUS 
              AS A CHILD OF A CITIZEN.

    (a) In General.--Section 201 of the Immigration and Nationality Act 
(8 U.S.C. 1151) is amended by adding at the end the following:
    ``(f) Rules for Determining Whether Certain Aliens Are Immediate 
Relatives.--
            ``(1) Age on petition filing date.--Except as provided in 
        paragraphs (2) and (3), for purposes of subsection 
        (b)(2)(A)(i), a determination of whether an alien satisfies the 
        age requirement in the matter preceding subparagraph (A) of 
        section 101(b)(1) shall be made using the age of the alien on 
        the date on which the petition is filed with the Attorney 
        General under section 204 to classify the alien as an immediate 
        relative under subsection (b)(2)(A)(i).
            ``(2) Age on parent's naturalization date.--In the case of 
        a petition under section 204 initially filed for an alien 
        child's classification as a family-sponsored immigrant under 
        section 203(a)(2)(A), based on the child's parent being 
        lawfully admitted for permanent residence, if the petition is 
        later converted, due to the naturalization of the parent, to a 
        petition to classify the alien as an immediate relative under 
        subsection (b)(2)(A)(i), the determination described in 
        paragraph (1) shall be made using the age of the alien on the 
        date of the parent's naturalization.
            ``(3) Age on marriage termination date.--In the case of a 
        petition under section 204 initially filed for an alien's 
        classification as a family-sponsored immigrant under section 
        203(a)(3), based on the alien's being a married son or daughter 
        of a citizen, if the petition is later converted, due to the 
        legal termination of the alien's marriage, to a petition to 
        classify the alien as an immediate relative under subsection 
        (b)(2)(A)(i), the determination described in paragraph (1) 
        shall be made using the age of the alien on the date of the 
        termination of the marriage.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act and shall apply to 
all petitions and applications pending before the Department of Justice 
or the Department of State on or after such date.

            Passed the House of Representatives June 6, 2001.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.
```