I 
110TH CONGRESS 
2D SESSION 
H. R. 6938 
To amend the Immigration and Nationality Act to promote family unity, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 18, 2008 
Mr. HONDA (for himself, Mr. GRIJALVA, Mr. ABERCROMBIE, and Mrs. 
NAPOLITANO) introduced the following bill; which was referred to the 
Committee on the Judiciary 
A BILL 
To amend the Immigration and Nationality Act to promote 
family unity, and for other purposes. 
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 ‘‘Reuniting Families 
Act’’. 
SEC. 2. RECAPTURE OF IMMIGRANT VISAS LOST TO BU-
REAUCRATIC DELAY. 
(a) WORLDWIDE LEVEL
OF EMPLOYMENT-BASED 
IMMIGRANTS.—Subsection (d) of section 201 of the Immi-
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gration and Nationality Act (8 U.S.C. 1151) is amended 
to read as follows: 
‘‘(d) WORLDWIDE LEVEL OF EMPLOYMENT-BASED 
IMMIGRANTS.— 
‘‘(1) IN GENERAL.—The worldwide level of em-
ployment-based immigrants under this subsection for 
a fiscal year is equal to the sum of— 
‘‘(A) 140,000; plus 
‘‘(B) the number computed under para-
graph (2); plus 
‘‘(C) the number computed under para-
graph (3). 
‘‘(2) UNUSED VISA NUMBERS FROM PREVIOUS 
FISCAL
YEAR.—The number computed under this 
paragraph for a fiscal year is the difference, if any, 
between— 
‘‘(A) the worldwide level of employment- 
based immigrant visas established for the pre-
vious fiscal year; and 
‘‘(B) the number of visas actually issued 
under section 203(b), subject to this subsection, 
during the previous fiscal year. 
‘‘(3) UNUSED
VISA
NUMBERS
FROM
FISCAL 
YEARS 1992 THROUGH 2007.—The number computed 
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under this paragraph is the difference, if any, be-
tween— 
‘‘(A) the difference, if any, between— 
‘‘(i) the sum of the worldwide levels of 
employment-based immigrant visas estab-
lished for each of fiscal years 1992 
through 2007; and 
‘‘(ii) the number of visas actually 
issued under section 203(b), subject to this 
subsection, during such fiscal years; and 
‘‘(B) the number of unused visas from fis-
cal years 1992 through 2007 that were issued 
after fiscal year 2007 under section 203(b), 
subject to this subsection.’’. 
(b) WORLDWIDE LEVEL OF FAMILY-SPONSORED IM-
MIGRANTS.—Subsection (c) of section 201 of the Immigra-
tion and Nationality Act (8 U.S.C. 1151) is amended to 
read as follows: 
‘‘(c) WORLDWIDE LEVEL
OF FAMILY-SPONSORED 
IMMIGRANTS.— 
‘‘(1) IN
GENERAL.—Subject to subparagraph 
(B), the worldwide level of family-sponsored immi-
grants under this subsection for a fiscal year is 
equal to— 
‘‘(A) 480,000; plus 
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‘‘(B) the sum of— 
‘‘(i) the number computed under 
paragraph (2); plus 
‘‘(ii) the number computed under 
paragraph (3). 
‘‘(2) UNUSED VISA NUMBERS FROM PREVIOUS 
FISCAL
YEAR.—The number computed under this 
paragraph for a fiscal year is the difference, if any, 
between— 
‘‘(A) the worldwide level of family-spon-
sored immigrant visas established for the pre-
vious fiscal year; and 
‘‘(B) the number of visas actually issued 
under section 203(a), subject to this subsection, 
during the previous fiscal year. 
‘‘(3) UNUSED
VISA
NUMBERS
FROM
FISCAL 
YEARS 1992 THROUGH 2007.—The number computed 
under this paragraph is the difference, if any, be-
tween— 
‘‘(A) the difference, if any, between— 
‘‘(i) the sum of the worldwide levels of 
family-sponsored immigrant visas estab-
lished for fiscal years 1992 through 2007; 
and 
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‘‘(ii) the number of visas actually 
issued under section 203(a), subject to this 
subsection, during such fiscal years; and 
‘‘(B) the number of unused visas from fis-
cal years 1992 through 2007 that were issued 
after fiscal year 2007 under section 203(a), 
subject to this subsection.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect 60 days after the date of the 
enactment of this Act. 
SEC. 3. RECLASSIFICATION OF SPOUSES AND MINOR CHIL-
DREN OF LEGAL PERMANENT RESIDENTS AS 
IMMEDIATE RELATIVES. 
(a) IN GENERAL.—Paragraph (2) of section 201(b) 
of the Immigration and Nationality Act (8 U.S.C. 
1151(b)) is amended to read as follows: 
‘‘(2) IMMEDIATE RELATIVE.— 
‘‘(A) IN GENERAL.— 
‘‘(i) 
IMMEDIATE
RELATIVE
DE-
FINED.—In this subparagraph, the term 
‘immediate relative’ means a child, spouse, 
or parent of a citizen of the United States 
or a child or spouse of a lawful permanent 
resident (and for each family member of a 
citizen or lawful permanent resident speci-
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fied under this subparagraph, such individ-
ual’s spouse or child who is accompanying 
or following to join the individual), except 
that, in the case of parents, such citizens 
shall be at least 21 years of age. 
‘‘(ii) PREVIOUSLY
ISSUED
VISA.— 
Aliens admitted under section 211(a) on 
the basis of a prior issuance of a visa 
under section 203(a) to their accom-
panying parent who is an immediate rel-
ative. 
‘‘(iii) SPOUSE.—An alien who was the 
spouse of a citizen of the United States or 
lawful permanent resident for not less than 
2 years at the time of the citizen’s or resi-
dent’s death or, if married for less than 2 
years at the time of the citizen’s or resi-
dent’s death, proves by a preponderance of 
the evidence that the marriage was entered 
into in good faith and not solely for the 
purpose of obtaining an immigration ben-
efit and was not legally separated from the 
citizen or resident at the time of the citi-
zen’s or resident’s death, and each child of 
such alien, shall be considered, for pur-
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poses of this subsection, an immediate rel-
ative after the date of the citizen’s or resi-
dent’s death if the spouse files a petition 
under section 204(a)(1)(A)(ii) before the 
earlier of— 
‘‘(I) 2 years after such date; or 
‘‘(II) the date on which the 
spouse remarries. 
‘‘(iv) PARENTS AND CHILDREN.—An 
alien who was the child or parent of a cit-
izen of the United States or a child of a 
lawful permanent resident at the time of 
the citizen’s or resident’s death if the alien 
files a petition under 204(a)(1)(A)(ii) with-
in 2 years after such date or prior to 
reaching 21 years of age. 
‘‘(v) SPECIAL RULE.—For purposes of 
this subparagraph, an alien who has filed 
a petition under clause (iii) or (iv) of sec-
tion 204(a)(1)(A) remains an immediate 
relative if the United States citizen or law-
ful permanent resident spouse or parent 
loses United States citizenship or residence 
on account of the abuse. 
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‘‘(B) BIRTH
DURING
TEMPORARY
VISIT 
ABROAD.—Aliens born to an alien lawfully ad-
mitted for permanent residence during a tem-
porary visit abroad.’’. 
(b) ALLOCATION OF IMMIGRANT VISAS.—Subsection 
(a) of section 203 of the Immigration and Nationality Act 
(8 U.S.C. 1153) is amended— 
(1) in paragraph (1), by striking ‘‘23,400’’ and 
inserting ‘‘38,000’’; 
(2) by striking paragraph (2) and inserting the 
following: 
‘‘(2) 
UNMARRIED
SONS
AND
UNMARRIED 
DAUGHTERS OF PERMANENT RESIDENT ALIENS.— 
Qualified immigrants who are the unmarried sons or 
unmarried daughters (but are not the children) of 
an alien lawfully admitted for permanent residence 
shall be allocated visas in a number not to exceed 
60,000, plus any visas not required for the class 
specified in paragraph (1).’’; 
(3) in paragraph (3), by striking ‘‘23,400’’ and 
inserting ‘‘38,000’’; and 
(4) in paragraph (4), by striking ‘‘65,000’’ and 
inserting ‘‘90,000’’. 
(c) TECHNICAL AND CONFORMING AMENDMENTS.— 
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(1) RULES FOR DETERMINING WHETHER CER-
TAIN
ALIENS
ARE
IMMEDIATE
RELATIVES.—Sub-
section (f) of section 201 of the Immigration and 
Nationality Act (8 U.S.C. 1151) is amended— 
(A) in paragraph (1), by striking ‘‘para-
graphs (2) and (3),’’ and inserting ‘‘paragraph 
(2),’’; 
(B) by striking paragraph (2); 
(C) by redesignating paragraphs (3) and 
(4) as paragraphs (2) and (3), respectively; and 
(D) in paragraph (3), as redesignated by 
subparagraph (C), by striking ‘‘through (3)’’ 
and inserting ‘‘and (2)’’. 
(2) NUMERICAL
LIMITATION
TO
ANY
SINGLE 
FOREIGN STATE.—Section 202 of the Immigration 
and Nationality Act (8 U.S.C. 1152) is amended— 
(A) in paragraph (4) of subsection (a)— 
(i) by striking subparagraphs (A) and 
(B); 
(ii) by redesignating subparagraphs 
(C) and (D) as subparagraphs (A) and 
(B), respectively; and 
(iii) in subparagraph (A), as redesig-
nated by clause (ii), by striking ‘‘section 
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203(a)(2)(B)’’ 
and 
inserting 
‘‘section 
203(a)(2)’’; and 
(B) in subsection (e), in the flush matter 
following paragraph (3), by striking ‘‘, or as 
limiting the number of visas that may be issued 
under section 203(a)(2)(A) pursuant to sub-
section (a)(4)(A)’’. 
(3) ALLOCATION OF IMMIGRATION VISAS.—Sub-
section (h) of section 203 of the Immigration and 
Nationality Act (8 U.S.C. 1153) is amended— 
(A) in paragraph (1)— 
(i) in the matter preceding subpara-
graph 
(A), 
by 
striking 
‘‘subsections 
(a)(2)(A) and (d)’’ and inserting ‘‘sub-
section (d)’’; 
(ii) in subparagraph (A), by striking 
‘‘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),’’ and in-
serting ‘‘became available for the alien’s 
parent,’’; and 
(iii) in subparagraph (B), by striking 
‘‘applicable’’; 
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(B) in paragraph (2), by striking ‘‘The pe-
tition’’ and all that follows through the end and 
inserting ‘‘The petition described in this para-
graph is a petition filed under section 204 for 
classification of the alien’s parent under sub-
section (a), (b), or (c).’’; and 
(C) in paragraph (3), by striking ‘‘sub-
sections (a)(2)(A) and (d)’’ and inserting ‘‘sub-
section (d)’’. 
(4) PROCEDURE
FOR
GRANTING
IMMIGRANT 
STATUS.—Section 204 of the Immigration and Na-
tionality Act (8 U.S.C. 1154) is amended— 
(A) in subsection (a)(1)— 
(i) in subparagraph (A)— 
(I) in clause (i), by inserting ‘‘or 
lawful 
permanent 
resident’’ 
after 
‘‘United States’’; 
(II) in clause (ii), by striking 
‘‘described in the second sentence of 
section 201(b)(2)(A)(i) also’’ and in-
serting ‘‘or an alien child or alien par-
ent 
described 
in 
section 
201(b)(2)(A)’’; 
(III) in clause (iii)— 
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(aa) in item (aa) of sub-
clause (I), by inserting ‘‘or legal 
permanent resident’’ after ‘‘cit-
izen’’; and 
(bb) in subclause (II)— 
(AA) in item (aa)(AA) 
and item (aa)(BB), by in-
serting ‘‘or legal permanent 
resident;’’ 
after 
‘‘States’’ 
each place that term ap-
pears; 
(BB) in item (aa)(CC), 
by inserting ‘‘or legal per-
manent resident’’ after ‘‘cit-
izen’’; 
(CC) 
in 
item 
(aa)(CC)(bbb), by inserting 
‘‘or legal permanent resi-
dent’’ after ‘‘citizenship’’; 
and 
(DD) 
in 
item 
(aa)(CC)(ccc), by inserting 
‘‘or legal permanent resi-
dent’’ after ‘‘citizen’’; 
(IV) in clause (iv)— 
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(aa) by striking ‘‘States,’’ 
and inserting ‘‘States or legal 
permanent resident,’’; 
(bb) by inserting ‘‘or legal 
permanent 
resident’’ 
after 
‘‘United States citizen’’; 
(cc) by inserting ‘‘or resi-
dent’’ after ‘‘the citizen’’; and 
(dd) by inserting ‘‘or resi-
dent’’ after the ‘‘alien’s citizen’’; 
(V) in subclause (I) of clause (v), 
by inserting ‘‘or legal permanent resi-
dent’’ after ‘‘citizen’’; and 
(VI) in clause (vi)— 
(aa) by inserting ‘‘or legal 
permanent resident status’’ after 
‘‘renunciation 
of 
citizenship’’; 
and 
(bb) by inserting ‘‘or legal 
permanent resident’’ after ‘‘abus-
er’s citizenship’’; 
(ii) by striking subparagraph (B); 
(iii) in subparagraph (C), by striking 
‘‘subparagraph (A)(iii), (A)(iv), (B)(ii), or 
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(B)(iii)’’ and inserting ‘‘clause (iii) or (iv) 
of subparagraph (A)’’; and 
(iv) in subparagraph (J), by striking 
‘‘or clause (ii) or (iii) of subparagraph 
(B)’’; 
(B) by striking paragraph (2) of sub-
section (a); 
(C) in paragraph (1) of subsection (c), by 
striking ‘‘or preference status’’; and 
(D) in subsection (h), by striking ‘‘or a pe-
tition filed under subsection (a)(1)(B)(ii)’’. 
SEC. 4. COUNTRY LIMITS. 
Paragraph (2) of section 202(a) of the Immigration 
and Nationality Act (8 U.S.C. 1152(a)) is amended by 
striking ‘‘7 percent (in the case of a single foreign state) 
or 2 percent’’ and inserting ‘‘10 percent (in the case of 
a single foreign state) or 5 percent’’. 
SEC. 5. FAMILY UNITY. 
(a) EXCEPTION
TO PROHIBITION
ON UNLAWFUL 
PRESENCE
FOR
MINORS.—Clause 
(iii) 
of 
section 
212(a)(9)(B) of the Immigration and Nationality Act (8 
U.S.C. 1182(a)(9)(B)) is amended— 
(1) in subclause (I), by striking ‘‘18’’ and in-
serting ‘‘21’’; 
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(2) by indenting subclause (V) 8 ems from the 
left margin; and 
(3) by adding at the end the following: 
‘‘(VI) Clause (i) shall not apply 
to an alien for whom an immigrant 
visa is available or was available on or 
prior to the date of enactment of the 
Reuniting Families Act, and is other-
wise admissible to the United States 
for permanent residence.’’. 
(b) WAIVER OF PROHIBITION ON UNLAWFUL PRES-
ENCE FOR CHILDREN OF CITIZENS AND RESIDENTS.— 
Clause (v) of section 212(a)(9)(B) of the Immigration and 
Nationality Act (8 U.S.C. 1182(a)(9)(B)) is amended— 
(1) by striking ‘‘spouse or son or daughter’’ and 
inserting ‘‘spouse, son, daughter, or parent’’; 
(2) by striking ‘‘extreme’’; 
(3) by inserting ‘‘, son, daughter, or’’ after 
‘‘lawfully resident spouse’’; and 
(4) by striking ‘‘alien.’’ and inserting ‘‘alien or, 
if the Attorney General determines that a waiver is 
necessary for humanitarian purposes, to ensure fam-
ily unity or is otherwise in the public interest.’’. 
(c) EXCEPTIONS TO PROHIBITION ON UNLAWFUL 
PRESENCE
AFTER
PREVIOUS
IMMIGRATION
VIOLA-
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TION.—Clause (ii) of section 212(a)(9)(C) of the Immigra-
tion and Nationality Act (8 U.S.C. 212(a)(9)(C)) is 
amended to read as follows: 
‘‘(ii) EXCEPTIONS.—Clause (i) shall 
not apply to an alien— 
‘‘(I) seeking admission more than 
10 years after the date of the alien’s 
last departure from the United States 
if, prior to the alien’s reembarkation 
at a place outside the United States 
or attempt to be readmitted from a 
foreign contiguous territory, the Sec-
retary of Homeland Security has con-
sented to the alien’s reapplying for 
admission; or 
‘‘(II) for whom an immigrant 
visa is available or was available on or 
prior to the date of enactment of the 
Reuniting Families Act, and is other-
wise admissible to the United States 
for permanent residence.’’. 
SEC. 6. RELIEF FOR ORPHANS AND SPOUSES. 
(a) IN GENERAL.— 
(1) 
SPECIAL
RULE
FOR
ORPHANS
AND 
SPOUSES.—In applying clauses (iii) and (iv) of sec-
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