Uniting Families Act of 2016

To amend the Immigration and Nationality Act to provide for the admission of certain sons and daughters of citizens of the United States, which citizens served on active duty in the Armed Forces of the United States abroad, and for other purposes. 1. Short title This Act may be cited as the Uniting Families Act of 2016 2. Admission of certain sons and daughters of citizens of the United States who served in the Armed Forces (a) Classification as a nonimmigrant 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 inserting after subparagraph (V) the following: (W) subject to section 214(s), an alien who— (i) is 18 years of age or older and is the genetic son or daughter of a citizen of the United States, which citizen served on active duty in the Armed Forces of the United States abroad; or (ii) is the spouse or child of an alien described in clause (i) and is accompanying, or following to join, the alien. . (b) Requirements for admission Section 214 of the Immigration and Nationality Act ( 8 U.S.C. 1184 (s) (1) A visa shall not be issued under section 101(a)(15)(W) until a petition has been filed in the United States by the citizen parent of the visa applicant and approved by the Secretary of Homeland Security. (2) The petition shall be in such form and contain such information as the Secretary of Homeland Security shall prescribe, and shall include the following information: (A) DNA evidence that establishes that the beneficiary is the genetic child of the petitioner. (B) An agreement in writing that the parent will provide financial support for the beneficiary until the beneficiary’s status is adjusted to the status of an alien lawfully admitted for permanent residence. (C) Information that establishes that the petitioner— (i) is a citizen of the United States; and (ii) served on active duty in the Armed Forces of the United States abroad. (3) The period of authorized admission for an alien admitted to the United States as a nonimmigrant under section 101(a)(15)(W) shall be 5 years, which may be extended for one additional 2-year period. (4) The total number of principal aliens who may be admitted under section 101(a)(15)(W) during any fiscal year may not exceed 5,000. . (c) Adjustment of status Section 245 of the Immigration and Nationality Act ( 8 U.S.C. 1255 (n) (1) The Secretary of Homeland Security may adjust the status of an alien admitted to the United States as a nonimmigrant under section 101(a)(15)(W) to that of an alien lawfully admitted for permanent residence if the alien— (A) is admissible to the United States as an immigrant; and (B) satisfies the requirements under section 312, unless the alien is a child described in section 101(a)(15)(W)(ii) who is under the age of 18. (2) The numerical limitations of sections 201 and 202 shall not apply to the adjustment of aliens to lawful permanent resident status under this subsection. . (d) Naturalization Section 312(b) of the Immigration and Nationality Act ( 8 U.S.C. 1423(b) (4) The requirements of subsection (a) shall not apply to any person who has satisfied such requirements under section 245(n)(1)(B). .

Summary: Uniting Families Act of 2016 This bill amends the Immigration and Nationality Act to establish a non-immigrant W-visa category for an alien who: (1) is 18 or older and is the genetic son or daughter of a U.S. citizen who served in the Armed Forces on active duty abroad, or (2) is the spouse or child of such alien and is accompanying, or following to join, such alien. A visa shall not be issued until a petition has been filed in the United States by the applicant's citizen parent and approved by the Department of Homeland Security (DHS). Such petition shall include: DNA evidence establishing that the alien is the petitioner's genetic child, a written agreement that the parent will provide financial support until the alien's status is adjusted to lawful permanent resident status, and information establishing that the petitioner is a U.S. citizen who served in the Armed Forces on active duty abroad. The bill provides that: (1) the period of authorized admission for a W-visa alien is five years, which may be extended for one additional two-year period; and (2) the total number of principal W-visa aliens who may be admitted during any fiscal is 5,000. The bill prescribes the criteria that a W-visa alien must meet in order to adjust to lawful permanent resident status, including an understanding of the English language and U.S. history. (Such language and history requirements for naturalization purposes shall not apply to a person who has satisfied them in adjusting from W-visa status to lawful permanent resident status.)