I 
116TH CONGRESS 
1ST SESSION H. R. 1738 
To protect children through eliminating visa loopholes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 13, 2019 
Mr. SENSENBRENNER introduced the following bill; which was referred to the 
Committee on the Judiciary, and in addition to the Committee on For-
eign Affairs, for a period to be subsequently determined by the Speaker, 
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned 
A BILL 
To protect children through eliminating visa loopholes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Protecting Children 
Through Eliminating Visa Loopholes Act’’. 
SEC. 2. SENSE OF CONGRESS. 
It is the sense of Congress that— 
(1) the laws of the United States and the poli-
cies of the Department of State aim to prevent and 
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reduce the risks of child marriages, sex trafficking, 
and sexual abuse occurring throughout the world; 
(2) major loopholes in Federal law have allowed 
thousands of minors to be subjected to child mar-
riages; 
(3) under the Immigration and Nationality Act 
(8 U.S.C. 1101 et seq.)— 
(A) a United States citizen child may peti-
tion for an immigrant visa for a spouse or 
fiance´ living in another country; and 
(B) a United States citizen adult may peti-
tion for an immigrant visa for a minor spouse 
or fiance´ living abroad; 
(4) the United States Government has advo-
cated for preventing and reducing the occurrence of 
child marriages throughout the world; 
(5) Congress passed the Violence Against 
Women Reauthorization Act of 2013 (Public Law 
113–4), which requires the Secretary of State to es-
tablish and implement a multiyear strategy— 
(A) to ‘‘prevent child marriages’’; and 
(B) to ‘‘promote the empowerment of girls 
at risk of child marriage in developing coun-
tries’’; 
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(6) acknowledges that although the Federal 
Government is limited in its ability to address child 
marriage within individual States, establishing a 
minimum age of 18 years for marriage-based and 
fiance´-based immigrant visa petitions is an imme-
diate and viable solution for preventing child mar-
riage through exploitation of the United States im-
migration system; 
(7) affirms that child well being is a foremost 
priority and consideration when imposing strict age 
requirements for visa spousal and fiance´ petitions 
within the United States immigration system; 
(8) recognizes that under the current immigra-
tion legal framework, individuals may exploit visa 
marriage and fiance´ petitions for nefarious purposes, 
including— 
(A) coercing forced marriages; and 
(B) the trafficking and abuse of children; 
and 
(9) acknowledges that between 2007 and 
2017— 
(A) loopholes in the United States immi-
gration laws resulted in the approval by U.S. 
Citizenship and Immigration Services of 8,868 
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petitions involving minors for spousal or fiance´ 
entry into the United States; and 
(B) girls were the younger party in 95 per-
cent of such petitions. 
SEC. 3. PROTECTING CHILDREN THROUGH ELIMINATING 
VISA LOOPHOLES. 
(a) DEFINITIONS.—Section 101(a) of the Immigra-
tion and Nationality Act (8 U.S.C. 1101(a)) is amended— 
(1) in paragraph (15)(K)— 
(A) in the matter preceding clause (i), by 
striking ‘‘(p) of section 214, an alien’’ and in-
serting ‘‘(r) of section 214, an alien who is at 
least 18 years of age’’; and 
(B) by inserting ‘‘who is at least 18 years 
of age’’ after ‘‘a citizen of the United States’’ 
each time such term appears; and 
(2) in paragraph (35), by adding at the end the 
following: ‘‘Such terms do not include any individual 
who is younger than 18 years of age or who is mar-
ried to an individual who is younger than 18 years 
of age.’’. 
(b) EFFECTIVE DATE.— 
(1) K 
NONIMMIGRANTS.—The amendments 
made by subsection (a)(1)— 
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(A) shall take effect on the date of the en-
actment of this Act; and 
(B) shall apply to any petition or applica-
tion seeking nonimmigrant status for any alien 
under section 101(a)(15)(K) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)(15)(K)) 
that is pending before any agency, officer, or 
employee of the United States on or after such 
date of enactment. 
(2) SPOUSE; WIFE; HUSBAND.—The amend-
ment made by subsection (a)(2)— 
(A) subject to subparagraphs (B) and (C), 
shall take effect on the date of the enactment 
of this Act; 
(B) subject to subparagraph (C), shall 
apply to marriages entered into before, on, or 
after such date of enactment; and 
(C) shall apply to any petition or applica-
tion for any status or benefit under the immi-
gration laws (as defined in section 101(a)(17) 
of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(17)) that is filed or otherwise 
submitted on or after such date of enactment, 
except for a petition under section 216 of such 
Act (8 U.S.C. 1186a) to remove the conditional 
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basis of lawful permanent residence based upon 
a grant of conditional lawful permanent resi-
dent status before such date of enactment. 
(c) RULE
OF
CONSTRUCTION.—The amendment 
made by subsection (a)(2)— 
(1) shall apply to the immigration laws (as de-
fined in section 101(a)(17) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(17)); 
(2) may not be construed to affect or modify 
any reference to, or legal effect of, any marriage 
under any provision of the immigration laws using 
a term not defined by such amendment, including 
whether any person is married or has been born in 
wedlock or legitimated for purposes of determining 
whether such person is a child or is a married or un-
married son or daughter; and 
(3) may not be construed to limit or modify the 
eligibility of any VAWA self-petitioner (as defined in 
section 101(a)(51) of the Immigration and Nation-
ality Act (8 U.S.C. 1101(a)(51)) for any available 
relief under the immigration laws. 
Æ 
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