I

107TH CONGRESS

1ST SESSION H. R. 1209

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

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,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Child Status Protec5 tion Act of 2001’’.
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1 SEC. 2. USE OF AGE ON PETITION FILING DATE, PARENT’S

2 NATURALIZATION DATE, OR MARRIAGE TER3 MINATION DATE, IN DETERMINING STATUS

4 AS A CHILD OF A CITIZEN.

5 (a) IN GENERAL.—Section 201(b)(2)(A) of the Im6 migration and Nationality Act (8 U.S.C. 1151(b)(2)(A))

7 is amended by adding at the end the following:

8 ‘‘(iii)(I) For purposes of clause (i), a determina9 tion of whether an unmarried alien is a child (as de10 fined in section 101(b)(1) in the matter preceding

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

12 United States shall be made using the age of the

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

14 the Attorney General under section 204 to classify

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

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

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

18 family-sponsored immigrant under section

19 203(a)(2)(A), based on the child’s parent being law20 fully admitted for permanent residence, if the peti21 tion is later converted, due to the naturalization of

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

23 immediate relative under clause (i), the determina24 tion described in subclause (I) shall be made using

25 the age of the alien on the date of the parent’s natu26 ralization.
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1 ‘‘(III) In the case of a petition under section

2 204 initially filed for an alien’s classification as a

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

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

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

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

7 petition to classify the alien as an immediate relative

8 under clause (i), the determination described in sub9 clause (I) shall be made using the age of the alien

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

11 (b) APPLICABILITY.—The amendment made by sub12 section (a) shall apply to determinations made under sec13 tion 201(b)(2)(A)(i) of the Immigration and Nationality

14 Act, and classification petitions filed under section 204 of

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

16 of this Act.

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