(1) FAMILY
PREFERENCE.—Preference under 
section 203(a). 
(2) EMPLOYMENT-BASED PREFERENCE.—Pref-
erence under section 203(b), other than as an alien 
described in subparagraph (A) or (B) of section 
203(b)(1) or under section 203(b)(5), or under sec-
tion 203(d) as the spouse or minor child of either 
such an alien. 
(3) 
DIVERSITY.—Preference 
under 
section 
203(c). 
(d) LIMITATION
ON GRANTING IMMIGRANT STA-
TUS.—Effective October 1, 2006, the Secretary of Home-
land Security may not accept or approve any petition for 
classification under section 204 of the Immigration and 
Nationality Act (8 U.S.C. 1154) except for classification 
by reason of a family relationship described in section 
201(b)(2) of such Act (8 U.S.C. 1151(b)(2)) or priority 
worker or investor status under paragraph (1)(A), (1)(B), 
or (5) of subsection (b) of section 203 of such Act (8 
U.S.C. 1153), or as a spouse or child of such a worker 
or investor under subsection (d) of such section, or as an 
alien described in section 201(b)(1)(B) or 201(b)(1)(C) of 
such Act.
SEC. 103. HUMANITARIAN IMMIGRATION. 
(a) ANNUAL
LIMITATION
OF
50,000.—Notwith-
standing any other provision of law, subject to subsection 
(b), beginning with fiscal year 2006 the sum of the fol-
lowing shall not exceed 50,000: 
(1) The number of refugees who are admitted 
under section 207 of the Immigration and Nation-
ality Act (8 U.S.C. 1157) in a fiscal year. 
(2) The number of admissions made available 
in such fiscal year to adjust to the status of perma-
nent residence the status of aliens granted asylum 
under section 209(b) of such Act (8 U.S.C. 
1159(b)). 
(3) The number of aliens whose status is ad-
justed in such fiscal year under section 646 of the 
Immigration Reform and Immigrant Responsibility 
Act of 1996 (division C of Public Law 104–208), re-
lating to Polish and Hungarian parolees. 
(4) The number of aliens whose status is ad-
justed in such fiscal year under section 599E of the 
Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 1990 (relating to So-
viet and Indochinese parolees). 
(5) The number of other aliens whose removal 
is cancelled (and whose status is adjusted) in such
fiscal year under section 240A of such Act (8 U.S.C. 
1229b). 
(6) The number of aliens who are provided law-
ful permanent resident status in such fiscal year on 
the basis of a private bill passed by Congress. 
(b) EXCEPTION.—In applying subsection (a), aliens 
who are spouses or children of citizens of the United 
States, or who are admitted under the limitations de-
scribed in section 102, shall not be counted. 
SEC. 104. SUNSETTING ADJUSTMENTS UNDER VARIOUS 
PROVISIONS. 
(a) SUNSET
FOR IRCA-RELATED
AND CERTAIN 
OTHER AMNESTIES.—An alien may not be issued an im-
migrant visa or otherwise acquire the status of an alien 
lawfully admitted for permanent residence under any of 
the following provisions, unless the alien has filed an appli-
cation for such visa or status on or before the date of the 
enactment of this Act: 
(1) Section 245A of the Immigration and Na-
tionality Act (8 U.S.C. 1255a), commonly known as 
the IRCA legalization program. 
(2) Section 210 of such Act (8 U.S.C. 1160), 
commonly known as the agricultural worker amnesty 
program.
(3) Section 249 of such Act (8 U.S.C. 1259), 
commonly known as registry. 
(4) Section 584 of the Foreign Operations, Ex-
port Financing, and Related Programs Appropria-
tions Act, 1988, relating to Amerasian immigration. 
(b) SUNSET FOR HRIFA AND NACARA AMNES-
TIES.—An alien may not be issued an immigrant visa and 
may not otherwise acquire the status of an alien lawfully 
admitted for permanent residence under any of the fol-
lowing provisions, unless the alien has filed an application 
for such visa or status on or before the date of the enact-
ment of this Act: 
(1) Section 202 of the Nicaraguan Adjustment 
and Central American Relief Act of 1997 (title II of 
Public Law 105–100). 
(2) The Haitian Refugee and Immigration 
Fairness Act of 1998 (division A of section 101(h) 
of Public Law 105–277). 
(c) IMMEDIATE REPEAL
OF CUBAN-HAITIAN AD-
JUSTMENT.—An alien may not be issued an immigrant 
visa and may not otherwise acquire the status of an alien 
lawfully admitted for permanent residence) under any sec-
tion 202 of the Immigration Reform and Control Act of 
1986, unless the alien has filed an application for such
visa or status on or before the date of the enactment of 
this Act: 
(d) IMMEDIATE REPEAL OF LAUTENBERG-MORRISON 
PROVISIONS.—Effective on the date of the enactment of 
this Act, section 599D of of the Foreign Operations, Ex-
port Financing, and Related Programs Appropriations 
Act, 1990 (Public Law 101–167) is repealed. 
SEC. 105. REQUIREMENT FOR CONGRESSIONAL APPROVAL 
FOR EXTENSION OF DESIGNATION OF FOR-
EIGN STATES FOR PURPOSES OF TEMPORARY 
PROTECTED STATUS. 
Effective on October 1, 2006, the period of designa-
tion of a foreign state under section 244(b) of the Immi-
gration and Nationality Act (8 U.S.C. 1254(b)) may not 
be extended beyond the initial designation period without 
the approval of both Houses of Congress. 
SEC. 106. ESTABLISHMENT OF NEW NONIMMIGRANT CLAS-
SIFICATIONS; CONVERSION OF CERTAIN EX-
ISTING IMMIGRANT CLASSIFICATION PETI-
TIONS. 
(a) ESTABLISHMENT
OF NONIMMIGRANT CLASSI-
FICATIONS.—Effective October 1, 2006, the Secretary of 
Homeland Security shall establish the following new non-
immigrant classifications (under section 101(a)(15) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)):
(1) SPOUSES AND MINOR CHILDREN OF LAW-
FUL PERMANENT RESIDENTS.— 
(A) IN GENERAL.—A nonimmigrant classi-
fication for an alien who is the spouse or child 
of an alien lawfully admitted for permanent res-
idence. 
(B) PERIOD
OF
VALIDITY
OF
NON-
IMMIGRANT
VISA.—A visa issued for non-
immigrant classification under this paragraph 
shall be valid for a period of 3 years. Such visa 
may be renewed indefinitely so long as the prin-
cipal alien is residing in the United States and 
the nonimmigrant alien remains the spouse or 
child of such alien. 
(C) SUBSEQUENT ADJUSTMENT TO LAW-
FUL PERMANENT RESIDENT STATUS AS IMME-
DIATE RELATIVES UPON NATURALIZATION OF 
PRINCIPAL ALIEN.—If the principal alien de-
scribed in subparagraph (A) becomes a natural-
ized citizen of the United States, the alien may 
apply for permanent resident status of such 
spouse and child as an immediate relative under 
section 201(b)(2)(A) of the Immigration and 
Nationality Act (8 U.S.C. 1151(b)(2)(A)) and, 
for purposes of making such determination, the
age of the child shall be the age of such child 
as of the date of approval of the nonimmigrant 
status under subparagraph (A). 
(2) PARENTS OF ADULT UNITED STATES CITI-
ZENS.— 
(A) IN GENERAL.—A nonimmigrant classi-
fication for an alien who is the parent of a cit-
izen of the United States if the citizen is at 
least 21 years of age. 
(B) PERIOD
OF
VALIDITY
OF
NON-
IMMIGRANT
VISA.—A visa issued for non-
immigrant classification under this subpara-
graph shall be valid for a period of 5 years. 
Such visa may be renewed indefinitely so long 
as the citizen son or daughter is residing in the 
United States. 
(C) LIMITATIONS
ON
EMPLOYMENT
AND 
PUBLIC
BENEFITS
AND
SUPPORT
BY
PETI-
TIONING
CITIZEN
SON
OR
DAUGHTER.—An 
alien provided nonimmigrant status under this 
paragraph is not authorized to be employed in 
the United States and is not entitled, notwith-
standing any other provision of law, to any ben-
efits funded by the Federal Government or any 
State. In the case of such an alien, the peti-
tioning United States citizen son or daughter 
shall be responsible for the support of the alien 
in the United States, regardless of the re-
sources of such alien. 
(b) CONVERSION OF CURRENT CLASSIFICATION PE-
TITIONS.— 
(1) FAMILY
SECOND
PREFERENCE
CONVER-
SIONS.—In the case of a classification petition under 
section 204(a) of the Immigration and Nationality 
Act (8 U.S.C. 1154(a)) for preference status de-
scribed in section 203(a)(2)(A) of such Act (8 
U.S.C. 1153(a)(2)(A)) for an alien that has been 
filed before October 1, 2006, as of such date such 
petition shall be deemed to be a petition for classi-
fication of the alien involved as a nonimmigrant 
under the classification established under subsection 
(a)(1). 
(2) IMMEDIATE RELATIVE PETITIONS FOR PAR-
ENTS.—In the case of a classification petition under 
section 204(a) of the Immigration and Nationality 
Act (8 U.S.C. 1154(a)) for immediate relative status 
status under section 201(b)(2)(A) of such Act (8 
U.S.C. 1151(b)(2)(A)) as the parent of a United 
States citizen that has been filed before October 1, 
2006, as of such date such petition shall be deemed
to be a petition for classification of the alien in-
volved as a nonimmigrant under the classification 
established under subsection (a)(2). 
TITLE II—MISCELLANEOUS 
PROVISIONS 
SEC. 201. LIMITATION ON AUTOMATIC BIRTHRIGHT CITI-
ZENSHIP. 
Notwithstanding any other provision of law, with re-
spect to an individual born after the date of the enactment 
of this Act, the individual shall not be a national or citizen 
at birth under section 301 of the Immigration and Nation-
ality Act (8 U.S.C. 1401) unless at least one of the indi-
vidual’s parents is, at the time of birth, a citizen or na-
tional of the United States or an alien lawfully admitted 
for permanent residence. 
SEC. 202. REQUIREMENT FOR IMMIGRANTS TO PROVIDE 
AFFIDAVIT OF ALLEGIANCE TO THE UNITED 
STATES. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, no alien shall be provided an immigrant visa 
or otherwise provided status as an alien lawfully admitted 
to the United States for permanent residence unless the 
alien has executed an affidavit of allegiance to the United 
States that is in a form approved by the Secretary of 
Homeland Security.
(b) EFFECTIVE DATE.—Subsection (a) shall take ef-
fect on and after such date, not later than 60 days after 
the date of the enactment of this Act, as the Secretary 
of Homeland Security specifies after having approved the 
form for the affidavit under such section. 
SEC. 203. REQUIREMENT OF AFFIDAVIT OF SUPPORT FOR 
EMPLOYMENT-BASED IMMIGRANTS. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, no alien shall be provided an an immigrant 
visa or otherwise provided status as an alien lawfully ad-
mitted to the United States for permanent residence as 
an employment-based immigrant under section 203(b) of 
the Immigration and Nationality Act (8 U.S.C. 1153(b)) 
unless there has been executed an affidavit of support that 
meets the requirements of section 213A of such Act (8 
U.S.C. 1183a) alien has executed an affidavit of allegiance 
to the United States that is in a form approved by the 
Secretary of Homeland Security. 
(b) EFFECTIVE DATE.—Subsection (a) shall apply to 
visas and lawful permanent residence status provided after 
the date of the enactment of this Act. 
SEC. 204. MAKING VOTING IN FOREIGN ELECTION A BASIS 
FOR AUTOMATIC LOSS OF CITIZENSHIP. 
(a) IN GENERAL.—Section 349(a) of the Immigra-
tion and Nationality Act (8 U.S.C. 1481(a)) is amended—
(1) by striking the period at the end of para-
graph (7) and inserting ‘‘; or’’; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(8) voting in an election in a foreign coun-
try.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) apply to voting occurring after the date of 
the enactment of this Act. 
SEC. 205. TREATING ILLEGAL PRESENCE IN THE UNITED 
STATES 
AS 
NOT 
DEMONSTRATING 
GOOD 
MORAL CHARACTER. 
(a) IN GENERAL.—Section 101(f) of the Immigration 
and Nationality Act (8 U.S.C. 1101(f)) is amended— 
(1) by striking ‘‘or’’ at the end of paragraph 
(8); 
(2) by striking the period at the end of para-
graph (9) and inserting ‘‘; or’’; and 
(3) by inserting after paragraph (9) the fol-
lowing new paragraph: 
‘‘(10) one who— 
‘‘(A) at the time good moral character is 
required to be demonstrated, is unlawfully 
present in the United States without having 
been admitted or paroled;
‘‘(B) at the time good moral character is 
required to be demonstrated, has been inspected 
and admitted to the United States but gained 
such admission through fraud or misrepresenta-
tion; or 
‘‘(C) at any time has been unlawfully 
present in the United States for an aggregate 
period of 181 days or more.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall apply to determinations of good moral 
character made after the date of the enactment of this 
Act. 
Æ