IB
Union Calendar No. 28
107TH CONGRESS
1ST SESSION
H. R. 1209
[Report No. 107–45]
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.
IN THE HOUSE OF REPRESENTATIVES
MARCH 26, 2001
Mr. GEKAS (for himself and Ms. JACKSON-LEE of Texas) introduced the
following bill; which was referred to the Committee on the Judiciary
APRIL 20, 2001
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed
A BILL
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 Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Child Status Protec-
tion Act of 2001’’.
SEC. 2. USE OF AGE ON PETITION FILING DATE, PARENT’S
NATURALIZATION DATE, OR MARRIAGE TER-
MINATION DATE, IN DETERMINING STATUS
AS A CHILD OF A CITIZEN.
(a) IN GENERAL.—Section 201(b)(2)(A) of the Im-
migration and Nationality Act (8 U.S.C. 1151(b)(2)(A))
is amended by adding at the end the following:
‘‘(iii)(I) For purposes of clause (i), a determina-
tion of whether an unmarried alien is a child (as de-
fined in section 101(b)(1) in the matter preceding
subparagraph (A) of such section) of a citizen of the
United States 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 clause (i).
‘‘(II) 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 law-
fully admitted for permanent residence, if the peti-
tion is later converted, due to the naturalization of
the parent, to a petition to classify the alien as an
immediate relative under clause (i), the determina-
tion described in subclause (I) shall be made using
the age of the alien on the date of the parent’s natu-
ralization.
‘‘(III) 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 clause (i), the determination described in sub-
clause (I) shall be made using the age of the alien
on the date of the termination of the marriage.’’.
(b) APPLICABILITY.—The amendment made by sub-
section (a) shall apply to determinations made under sec-
tion 201(b)(2)(A)(i) of the Immigration and Nationality
Act, and classification petitions filed under section 204 of
such Act, before, on, or after the date of the enactment
of this Act.
Union Calendar No. 28
107TH CONGRESS
1ST SESSION
H. R. 1209
[Report No. 107–45]
A BILL
To amend the Immigration and Nationality Act to
determine whether an alien is a child, for pur-
poses 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.
APRIL 20, 2001
Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed