such petition and the availability to the 
alien of an immigrant visa;’’. 
(b) 
ADMISSION
OF
NONIMMIGRANTS.—Section 
214(d) of such Act (8 U.S.C. 1184(d)) is amended—
(1) by striking ‘‘(d)’’ and inserting ‘‘(d)(1)’’; 
and 
(2) by adding at the end the following: 
‘‘(2) A visa shall not be issued under the provisions 
of section 101(a)(15)(K)(iv) until the consular officer has 
received a petition filed in the United States by the lawful 
permanent resident or citizen relative of the applying alien 
and approved by the Secretary of Homeland Security. The 
petition shall be in such form and contain such informa-
tion as the Secretary shall, by regulation, prescribe.’’. 
SEC. 
105. 
WAIVER 
OF 
AGGRAVATED 
FELONY 
CON-
SEQUENCES. 
Section 101 of the Immigration and Nationality Act 
(8 U.S.C. 1101) is amended by adding at the end the fol-
lowing: 
‘‘(j) For purposes of this Act, and notwithstanding 
subsection (a)(43), the Secretary of Homeland Security 
may treat any conviction that did not result in incarcer-
ation for more than 1 year as if such conviction were not 
a conviction for an aggravated felony. This discretion may
be exercised for humanitarian purposes, to assure family 
unity, or when it is otherwise in the public interest.’’. 
SEC. 106. AGE-OUT PROTECTION FOR CHILDREN. 
(a) IN GENERAL.—Chapter 1 of title IV of the Immi-
gration and Nationality Act (8 U.S.C. 1101 note) is 
amended by adding at the end the following: 
‘‘AGE-OUT PROTECTION FOR CHILDREN 
‘‘SEC. 408. (a) IN GENERAL.—In the case of an ap-
plication initially to grant a benefit under this Act (other 
than an application for naturalization) that otherwise 
would be granted only after a determination that the bene-
ficiary of the application is a child (such as classification 
as an immediate relative under section 201(b)(2)(A)(i)), 
if the application is neither approved nor denied (on proce-
dural or substantive grounds) during the 90-day period 
beginning on the date of the filing of the application, the 
beneficiary shall be considered to be a child for all pur-
poses related to the receipt of the benefit if the beneficiary 
was a child on the last day of such 90-day period, and 
the beneficiary shall not otherwise be prejudiced with re-
spect to such determination by such delay, and shall be 
considered to be a child under this Act for all purposes 
related to such application. 
‘‘(b) TERMINATION
OF BENEFIT.—Subsection (a) 
shall remain in effect until the termination of the 1-year
period beginning on the date on which the application de-
scribed in such paragraph is approved.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
for the Immigration and Nationality Act is amended by 
inserting after the item relating to section 407 the fol-
lowing:
‘‘408. Age-out protection for children.’’.
SEC. 107. TIMELINESS OF ADOPTION FOR IMMIGRATION 
PURPOSES. 
(a) IN GENERAL.—Section 101(b)(1)(E)(i) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(b)(1)(E)(i)) is amended by striking ‘‘a child adopted 
while under the age of sixteen years’’ and inserting ‘‘a 
child, under the age of 16 when adoption proceedings were 
initiated,’’. 
(b) 
SPECIAL
RULE
FOR
SIBLINGS.—Section 
101(b)(1)(E)(ii)(III) 
of 
such 
Act 
(8 
U.S.C. 
1101(b)(1)(E)(ii)(III)) is amended by striking ‘‘adopted 
while under the age of 18 years’’ and inserting ‘‘under 
the age of 18 when adoption proceedings were initiated’’. 
SEC. 108. DISCRETIONARY WAIVER TO ADMIT PERSONS IN 
UNUSUAL CIRCUMSTANCES. 
(a) NEW GENERAL WAIVER.—Section 212(d) of the 
Immigration and Nationality Act (8 U.S.C. 1182(d)) is 
amended by adding at the end the following:
‘‘(13) The Secretary of Homeland Security 
may, in the discretion of such Secretary for humani-
tarian purposes, to assure family unity, or when it 
is otherwise in the public interest, waive the applica-
tion of subparagraph (B) or (G) of subsection 
(a)(6), clause (i) or (ii) of subsection (a)(9)(A), or 
subsection (a)(9)(B)(i), in unusual circumstances. 
For purposes of the preceding sentence, an instance 
of battering or extreme cruelty is deemed to con-
stitute unusual circumstances in the case where it is 
inflicted on an alien (or a child of an alien) by the 
alien’s United States citizen or lawful permanent 
resident spouse, parent, child, son, or daughter.’’. 
(b) WAIVER FOR ALIENS PREVIOUSLY REMOVED.—
(1) CERTAIN ALIENS PREVIOUSLY REMOVED.—
Section 212(a)(9)(A) of such Act (8 U.S.C. 
1182(a)(9)(A)) is amended by adding at the end the 
following: 
‘‘(iv) 
WAIVER
AUTHORIZED.—For 
provision authorizing waiver of clause (i) 
or (ii), see subsection (d)(13).’’. 
(2) ALIENS
UNLAWFULLY
PRESENT.—Section 
212(a)(9)(B)(v) 
of 
such 
Act 
(8 
U.S.C. 
1182(A)(9)(B)(v)) is amended to read as follows: