I 
111TH CONGRESS 
1ST SESSION 
H. R. 264 
To amend the Immigration and Nationality Act to comprehensively reform 
immigration law, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 7, 2009 
Ms. JACKSON-LEE of Texas introduced the following bill; which was referred 
to the Committee on the Judiciary, and in addition to the Committees 
on Homeland Security and Oversight and Government Reform, for a pe-
riod to be subsequently determined by the Speaker, in each case for con-
sideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
A BILL 
To amend the Immigration and Nationality Act to com-
prehensively reform immigration law, and for other pur-
poses. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; REFERENCES TO ACT. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Save America Comprehensive Immigration Act of 2009’’. 
(b) REFERENCES TO THE IMMIGRATION AND NA-
TIONALITY ACT.—Except as otherwise expressly provided, 
whenever in this Act an amendment or repeal is expressed 
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in terms of an amendment to, or repeal of, a section or 
other provision, the reference shall be considered to be 
made to a section or other provision of the Immigration 
and Nationality Act. 
TITLE I—FACILITATING FAMILY- 
BASED IMMIGRATION 
SEC. 101. INCREASING THE ALLOCATION OF FAMILY-BASED 
IMMIGRANT VISAS. 
Section 201(c) (8 U.S.C. 115(c)) is amended to read 
as follows: 
‘‘(c) WORLDWIDE LEVEL
OF FAMILY-SPONSORED 
IMMIGRANTS.—The worldwide level of family-sponsored 
immigrants under this subsection for a fiscal year shall 
be no more than 960,000.’’. 
SEC. 102. PROTECTION AGAINST PROCESSING DELAYS. 
(a) AGE-OUT PROTECTION FOR CHILDREN.— 
(1) IN
GENERAL.—Chapter 1 of title IV (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)), 
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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.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents is amended by inserting after the item relating 
to section 407 the following: 
‘‘Sec. 408. Age-out protection for children.’’. 
(b) TIMELINESS OF ADOPTION FOR IMMIGRATION 
PURPOSES.— 
(1) IN GENERAL.—Section 101(b)(1)(E)(i) (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,’’. 
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(2) SPECIAL
RULE
FOR
SIBLINGS.—Section 
101(b)(1)(E)(ii)(III) 
(8 
U.S.C. 
1101(b)(1)(E)(ii)(III)) is amended by striking 
‘‘adopted while under the age of 18 years’’ and in-
serting ‘‘under the age of 18 when adoption pro-
ceedings were initiated’’. 
SEC. 103. TEMPORARY STATUS PENDING RECEIPT OF PER-
MANENT RESIDENT STATUS. 
(a) CLASSES OF NONIMMIGRANT ALIENS.—Section 
101(a)(15)(K) (8 U.S.C. 1101(a)(15)(K)) is amended— 
(1) by striking ‘‘or’’ at the end of clause (ii); 
(2) by adding ‘‘or’’ at the end of clause (iii); 
and 
(3) by adding at the end the following: 
‘‘(iv)(I) has concluded a valid mar-
riage with an alien lawfully admitted for 
permanent residence, is the parent of a cit-
izen of the United States, or is the child, 
son, or daughter of an alien lawfully ad-
mitted for permanent residence or a citizen 
of the United States; (II) is the beneficiary 
of an approved petition to accord immi-
grant status on the basis of such family re-
lationship that was filed under section 204 
by such family member; (III) has available 
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to the alien an immigrant visa number; 
(IV) has waited more than 6 months for 
the issuance of an immigrant visa based 
upon an application made by the alien; and 
(V) seeks to enter the United States to 
await such issuance;’’. 
(b) 
ADMISSION
OF
NONIMMIGRANTS.—Section 
214(d) (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: 
SEC. 104. ELIMINATION OF AFFIDAVIT OF SUPPORT RE-
QUIREMENT. 
(a) GROUNDS FOR INELIGIBILITY FOR ADMISSION.— 
Section 212(a)(4) (8 U.S.C. 1182(a)(4)) is amended— 
(1) by amending subparagraph (B)(ii) to read 
as follows: 
‘‘(ii) If an alien submits an affidavit of 
support described in section 213A, in addition 
to the factors under clause (i), the consular of-
ficer or the Attorney General shall also consider 
such affidavit in determining whether the alien 
is inadmissible under this paragraph.’’; and 
(2) by striking subparagraphs (C) and (D). 
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(b) REQUIREMENTS FOR SPONSOR’S AFFIDAVIT OF 
SUPPORT.—Subsections 
(a)(1)(A), 
(f)(1)(E), 
and 
(f)(4)(B)(i) of section 213A (8 U.S.C. 1183a(a)(1)(A), 
(f)(1)(E), and (f)(4)(B)(i)) are amended by striking 
‘‘125’’ and inserting ‘‘100’’. 
‘‘(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.’’. 
TITLE II—ESTABLISHMENT OF A 
BOARD OF VISA APPEALS FOR 
FAMILY-BASED VISAS 
SEC. 201. ESTABLISHMENT OF A BOARD OF VISA APPEALS. 
(a) IN GENERAL.—The Immigration and Nationality 
Act is amended by inserting after section 224 the following 
new section: 
‘‘BOARD OF VISA APPEALS 
‘‘SEC. 225. (a) ESTABLISHMENT.—The Secretary of 
State shall establish within the Department of State a 
Board of Family-based Visa Appeals. The Board shall be 
composed of 5 members who shall be appointed by the 
Secretary. Not more than 2 members of the Board may 
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be consular officers. The Secretary shall designate a mem-
ber who shall be chairperson of the Board. 
‘‘(b) AUTHORITY AND FUNCTIONS.—The Board shall 
have authority to review any discretionary decision of a 
consular officer with respect to an alien concerning the 
denial, revocation, or cancellation of an immigrant visa of 
someone who has the immediate relative status described 
in section 201(2)(A)(i) and (ii); or a preference classifica-
tion described in section 203(a). The review of the Board 
shall be made upon the record for decision of the consular 
officer, including all documents, notes, and memoranda 
filed with the consular officer, supplemented by affidavits 
and other writings if offered by the consular officer or 
alien. Upon a showing that the decision of the consular 
official is contrary to the preponderance of the evidence, 
the Board shall have authority to overrule, or remand for 
further consideration, the decision of such consular officer. 
‘‘(c) PROCEDURE.—Proceedings before the Board 
shall be in accordance with such regulations, not incon-
sistent with this Act and sections 556 and 557 of title 
5, United States Code, as the Secretary of State shall pre-
scribe. Such regulations shall include requirements that 
provide that— 
‘‘(1) at the time of any decision of a consular 
officer under subsection (b), the interested party de-
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fined in subsection (d) shall be given notice of the 
availability of the review process and the necessary 
steps to request such review; 
‘‘(2) a written record of the proceedings and de-
cision of the consular officer (in accordance with sec-
tions 556 and 557 of title 5, United States Code) 
shall be available to the Board, and on payment of 
lawfully prescribed costs, shall be made available to 
the alien; 
‘‘(3) upon receipt of request for review under 
this section, the Board shall, within 30 days, notify 
the consular officer with respect to whose decision 
review is sought, and, upon receipt of such notice, 
such officer shall promptly (but in no event more 
than 30 days after such receipt) forward to the 
Board the record of proceeding as described in sub-
section (b); 
‘‘(4) the appellant shall be given notice, reason-
able under all the circumstances of the time and 
place at which the Board proceedings will be held; 
‘‘(5) the appellant may be represented (at no 
expense to the Government) by such counsel, author-
ized to practice in such proceedings, as the appellant 
shall choose; and 
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