Nuclear Family Priority Act

To amend the Immigration and Nationality Act to make changes related to family-sponsored immigrants and to reduce the number of such immigrants, and for other purposes. 1. Short title This Act may be cited as the Nuclear Family Priority Act 2. Immediate relative definition Section 201(b)(2)(A)(i) of the Immigration and Nationality Act ( 8 U.S.C. 1151(b)(2)(A)(i) (1) by striking children, spouses, and parents children and spouses (2) by striking States, except that of age. States. 3. Change in family-sponsored immigrant categories Section 203(a) of the Immigration and Nationality Act ( 8 U.S.C. 1153(a) (a) Preference allocation for spouses and children of permanent resident aliens Qualified immigrants who are the spouses or children of an alien lawfully admitted for permanent residence shall be allotted visas in a number not to exceed the worldwide level specified in section 201(c). . 4. Change in worldwide level of family-sponsored immigrants Section 201(c) of the Immigration and Nationality Act ( 8 U.S.C. 1151(c) (1) by amending paragraph (1) to read as follows: (1) The worldwide level of family-sponsored immigrants under this subsection for a fiscal year is equal to— (A) 88,000; minus (B) the number computed under paragraph (2). ; (2) by striking paragraphs (2), (3), and (5); and (3) by redesignating paragraph (4) as paragraph (2). 5. Conforming amendments (a) Numerical limitation to any single foreign state Section 202 of the Immigration and Nationality Act ( 8 U.S.C. 1152 (1) in subsection (a)(4)— (A) by amending subparagraphs (A) and (B) to read as follows: (A) 75 percent of family-sponsored immigrants not subject to per country limitation Of the visa numbers made available under section 203(a) in any fiscal year, 75 percent shall be issued without regard to the numerical limitation under paragraph (2). (B) Treatment of remaining 25 percent for countries subject to subsection (e) (i) In general Of the visa numbers made available under section 203(a) in any fiscal year, the remaining 25 percent shall be available, in the case of a foreign state or dependent area that is subject to subsection (e) only to the extent that the total number of visas issued in accordance with subsection (A) to natives of the foreign state or dependent area is less than the subsection (e) ceiling (as defined in clause (ii)). (ii) Subsection (e) In clause (i), the term subsection (e) ceiling ; and (B) by striking subparagraphs (C) and (D); and (2) in subsection (e)— (A) in paragraph (1), by adding and (B) by striking paragraph (2) and redesignating paragraph (3) as paragraph (2); and (C) in the final sentence, by striking respectively, respectively. (b) Rules for determining whether certain aliens are children Section 203(h) of the Immigration and Nationality Act ( 8 U.S.C. 1153(h) (a)(2)(A) (a) (c) Procedure for granting immigrant status Section 204 of the Immigration and Nationality Act ( 8 U.S.C. 1154 (1) in subsection (a)(1)— (A) in subparagraph (A)(i), by striking to classification by reason of a relationship described in paragraph (1), (3), or (4) of section 203(a) or (B) in subparagraph (B), by striking 203(a)(2)(A) 203(a)(2) 203(a) (C) in subparagraph (D)(i)(I), by striking a petitioner for preference status under paragraph (1), (2), or (3) an individual under 21 years of age for purposes of adjudicating such petition and for purposes of admission as an immediate relative under section 201(b)(2)(A)(i) or a family-sponsored immigrant under section 203(a), as appropriate, notwithstanding the actual age of the individual. (2) in subsection (f)(1), by striking 201(b), 203(a)(1), or 203(a)(3), as appropriate. 201(b). (3) by striking subsection (k). (d) Waivers of inadmissibility Section 212(d)(11) of the Immigration and Nationality Act ( 8 U.S.C. 1182(d)(11) (other than paragraph (4) thereof) (e) Conditional permanent resident status for certain alien spouses and sons and daughters Section 216(h)(1)(C) of the Immigration and Nationality Act ( 8 U.S.C. 1186a(h)(1)(C) 203(a)(2) 203(a) (f) Classes of deportable aliens Section 237(a)(1)(E)(ii) of the Immigration and Nationality Act ( 8 U.S.C. 1227(a)(1)(E)(ii) 203(a)(2) 203(a) 6. Nonimmigrant status for alien parent of adult United States citizens (a) In general Section 101(a)(15) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15) (1) in subparagraph (U), by striking or (2) in subparagraph (V), by striking the period at the end and inserting or (3) by adding at the end the following: (W) Subject to section 214(s), an alien who is a parent of a citizen of the United States, if the citizen is at least 21 years of age. . (b) Conditions on admission Section 214 of the Immigration and Nationality Act ( 8 U.S.C. 1184 (s) (1) The initial period of authorized admission for a nonimmigrant described in section 101(a)(15)(W) shall be 5 years. Such period may be extended by the Secretary of Homeland Security so long as the United States citizen son or daughter of the nonimmigrant is residing in the United States. (2) A nonimmigrant described in section 101(a)(15)(W) is not authorized to be employed in the United States and is not eligible, notwithstanding any other provision of law, for any Federal, State, or local public benefit. In the case of such a nonimmigrant, the United States citizen son or daughter shall be responsible for the support of the nonimmigrant, regardless of the resources of the nonimmigrant. (3) An alien is ineligible to receive a visa and ineligible to be admitted into the United States as a nonimmigrant described in section 101(a)(15)(W) unless the alien provides satisfactory proof that the United States citizen son or daughter has arranged for the provision to the alien, at no cost to the alien, of health insurance coverage applicable during the period of the alien’s presence in the United States. . 7. Effective date; applicability The amendments made by this Act shall take effect on the first day of the second fiscal year that begins after the date of the enactment of this Act, except that the following shall be considered invalid: (1) Any petition under section 204 of the Immigration and Nationality Act ( 8 U.S.C. 1154 (2) Any application for an immigrant visa based on a petition described in paragraph (1).

Summary: Nuclear Family Priority Act This bill imposes limits on various types of family-sponsored immigration visas. The alien parents of U.S. citizens shall not qualify for visas for "immediate relatives," which are not subject to any direct numerical limits. Currently, the spouses, unmarried children under 21, and parents of citizens are considered immediate relatives. The bill also creates a nonimmigrant visa for such parents of citizens. Such aliens shall not be eligible for employment or any public benefits. The bill also reduces the baseline annual cap for family-sponsored visas from 480,000 to 88,000, and revises the methods for calculating the cap. Preference allocations (visa categories subject to various annual caps) for various family-sponsored visas shall be eliminated, including those for the siblings and married children of citizens. The bill provides for a preference allocation for the unmarried children under 21 and spouses of permanent alien residents, subject to the 88,000 annual cap.