H. R. 1209
One Hundred Seventh Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the twenty-third day of January, two thousand and two
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’’.
SEC. 2. USE OF AGE ON PETITION FILING DATE, PARENT’S NATU-
RALIZATION DATE, OR MARRIAGE TERMINATION DATE,
IN DETERMINING STATUS AS IMMEDIATE RELATIVE.
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 require-
ment 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 naturaliza-
tion.
‘‘(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)
or as an unmarried son or daughter of a citizen under section
203(a)(1), the determination described in paragraph (1) shall
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be made using the age of the alien on the date of the termi-
nation of the marriage.’’.
SEC. 3. TREATMENT OF CERTAIN UNMARRIED SONS AND DAUGHTERS
SEEKING STATUS AS FAMILY-SPONSORED, EMPLOYMENT-
BASED, AND DIVERSITY IMMIGRANTS.
Section 203 of the Immigration and Nationality Act (8 U.S.C.
1153) is amended by adding at the end the following:
‘‘(h) RULES FOR DETERMINING WHETHER CERTAIN ALIENS ARE
CHILDREN.—
‘‘(1) IN GENERAL.—For purposes of subsections (a)(2)(A) and
(d), a determination of whether an alien satisfies the age
requirement in the matter preceding subparagraph (A) of sec-
tion 101(b)(1) shall be made using—
‘‘(A) the age of the alien on the date on which an
immigrant visa number becomes available for such alien
(or, in the case of subsection (d), the date on which an
immigrant visa number became available for the alien’s
parent), but only if the alien has sought to acquire the
status of an alien lawfully admitted for permanent resi-
dence within one year of such availability; reduced by
‘‘(B) the number of days in the period during which
the applicable petition described in paragraph (2) was
pending.
‘‘(2) PETITIONS DESCRIBED.—The petition described in this
paragraph is—
‘‘(A) with respect to a relationship described in sub-
section (a)(2)(A), a petition filed under section 204 for classi-
fication of an alien child under subsection (a)(2)(A); or
‘‘(B) with respect to an alien child who is a derivative
beneficiary under subsection (d), a petition filed under sec-
tion 204 for classification of the alien’s parent under sub-
section (a), (b), or (c).
‘‘(3) RETENTION OF PRIORITY DATE.—If the age of an alien
is determined under paragraph (1) to be 21 years of age or
older for the purposes of subsections (a)(2)(A) and (d), the
alien’s petition shall automatically be converted to the appro-
priate category and the alien shall retain the original priority
date issued upon receipt of the original petition.’’.
SEC. 4. USE OF AGE ON PARENT’S APPLICATION FILING DATE IN
DETERMINING ELIGIBILITY FOR ASYLUM.
Section 208(b)(3) of the Immigration and Nationality Act (8
U.S.C. 1158(b)(3)) is amended to read as follows:
‘‘(3) TREATMENT OF SPOUSE AND CHILDREN.—
‘‘(A) IN GENERAL.—A spouse or child (as defined in
section 101(b)(1) (A), (B), (C), (D), or (E)) of an alien who
is granted asylum under this subsection may, if not other-
wise eligible for asylum under this section, be granted
the same status as the alien if accompanying, or following
to join, such alien.
‘‘(B) CONTINUED CLASSIFICATION OF CERTAIN ALIENS AS
CHILDREN.—An unmarried alien who seeks to accompany,
or follow to join, a parent granted asylum under this sub-
section, and who was under 21 years of age on the date
on which such parent applied for asylum under this section,
shall continue to be classified as a child for purposes of
this paragraph and section 209(b)(3), if the alien attained
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21 years of age after such application was filed but while
it was pending.’’.
SEC. 5. USE OF AGE ON PARENT’S APPLICATION FILING DATE IN
DETERMINING ELIGIBILITY FOR ADMISSION AS REF-
UGEE.
Section 207(c)(2) of the Immigration and Nationality Act (8
U.S.C. 1157(c)(2)) is amended—
(1) by striking ‘‘(2)’’ and inserting ‘‘(2)(A)’’; and
(2) by adding at the end the following:
‘‘(B) An unmarried alien who seeks to accompany, or follow
to join, a parent granted admission as a refugee under this sub-
section, and who was under 21 years of age on the date on which
such parent applied for refugee status under this section, shall
continue to be classified as a child for purposes of this paragraph,
if the alien attained 21 years of age after such application was
filed but while it was pending.’’.
SEC. 6. TREATMENT OF CLASSIFICATION PETITIONS FOR UNMARRIED
SONS AND DAUGHTERS OF NATURALIZED CITIZENS.
Section 204 of the Immigration and Nationality Act (8 U.S.C.
1154) is amended by adding at the end the following:
‘‘(k) PROCEDURES FOR UNMARRIED SONS AND DAUGHTERS OF
CITIZENS.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
in the case of a petition under this section initially filed for
an alien unmarried son or daughter’s classification as a family-
sponsored immigrant under section 203(a)(2)(B), based on a
parent of the son or daughter being an alien lawfully admitted
for permanent residence, if such parent subsequently becomes
a naturalized citizen of the United States, such petition shall
be converted to a petition to classify the unmarried son or
daughter as a family-sponsored immigrant under section
203(a)(1).
‘‘(2) EXCEPTION.—Paragraph (1) does not apply if the son
or daughter files with the Attorney General a written statement
that he or she elects not to have such conversion occur (or
if it has occurred, to have such conversion revoked). Where
such an election has been made, any determination with respect
to the son or daughter’s eligibility for admission as a family-
sponsored immigrant shall be made as if such naturalization
had not taken place.
‘‘(3) PRIORITY DATE.—Regardless of whether a petition is
converted under this subsection or not, if an unmarried son
or daughter described in this subsection was assigned a priority
date with respect to such petition before such naturalization,
he or she may maintain that priority date.
‘‘(4) CLARIFICATION.—This subsection shall apply to a peti-
tion if it is properly filed, regardless of whether it was approved
or not before such naturalization.’’.
SEC. 7. IMMIGRATION BENEFITS FOR CERTAIN ALIEN CHILDREN NOT
AFFECTED.
Section 204(a)(1)(D) of the Immigration and Nationality Act
(8 U.S.C. 1154(a)(1)(D)) is amended by adding at the end the
following new clause:
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‘‘(iii) Nothing in the amendments made by the Child Status
Protection Act shall be construed to limit or deny any right or
benefit provided under this subparagraph.’’.
SEC. 8. EFFECTIVE DATE.
The amendments made by this Act shall take effect on the
date of the enactment of this Act and shall apply to any alien
who is a derivative beneficiary or any other beneficiary of—
(1) a petition for classification under section 204 of the
Immigration and Nationality Act (8 U.S.C. 1154) approved
before such date but only if a final determination has not
been made on the beneficiary’s application for an immigrant
visa or adjustment of status to lawful permanent residence
pursuant to such approved petition;
(2) a petition for classification under section 204 of the
Immigration and Nationality Act (8 U.S.C. 1154) pending on
or after such date; or
(3) an application pending before the Department of Justice
or the Department of State on or after such date.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.