I 
110TH CONGRESS 
1ST SESSION 
H. R. 938 
To amend the Immigration and Nationality Act to make changes related 
to family-sponsored immigrants and to reduce the number of such immigrants. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 8, 2007 
Mr. GINGREY (for himself, Mr. GOODE, Mr. BURTON of Indiana, Mr. NOR-
WOOD, Mr. ALEXANDER, Mr. AKIN, Mr. SULLIVAN, Mr. JONES of North 
Carolina, and Mr. DUNCAN) introduced the following bill; which was re-
ferred to the Committee on the Judiciary 
A BILL 
To amend the Immigration and Nationality Act to make 
changes related to family-sponsored immigrants and to 
reduce the number of such immigrants. 
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 ‘‘Nuclear Family Pri-
ority Act’’. 
SEC. 2. CHANGE IN FAMILY-SPONSORED IMMIGRANT CAT-
EGORIES. 
Section 203(a) of the Immigration and Nationality 
Act (8 U.S.C. 1153(a)) is amended to read as follows: 
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‘‘(a) PREFERENCE ALLOCATION FOR SPOUSES AND 
CHILDREN OF PERMANENT RESIDENT ALIENS.—Quali-
fied immigrants who are the spouses or children of an 
alien lawfully admitted for permanent residence shall be 
allotted visas in a number not to exceed the worldwide 
level specified in section 201(c).’’. 
SEC. 3. CHANGE IN WORLDWIDE LEVEL OF FAMILY-SPON-
SORED IMMIGRANTS. 
Section 201(c) of the Immigration and Nationality 
Act (8 U.S.C. 1151(c)) is amended— 
(1) by amending paragraph (1) to read as follows: 
‘‘(1) The worldwide level of family-sponsored 
immigrants under this subsection for a fiscal year is 
equal to— 
‘‘(A) 88,000; minus 
‘‘(B) the number computed under para-
graph (2).’’; 
(2) by striking paragraphs (2), (3), and (5); 
and 
(3) by redesignating paragraph (4) as para-
graph (2). 
SEC. 4. CONFORMING AMENDMENTS. 
(a) NUMERICAL LIMITATION TO ANY SINGLE FOR-
EIGN STATE.—Section 202 of the Immigration and Na-
tionality Act (8 U.S.C. 1152) is amended— 
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(1) in subsection (a)(4)— 
(A) by amending subparagraphs (A) and 
(B) to read as follows: 
‘‘(A) 75 PERCENT OF FAMILY-SPONSORED 
IMMIGRANTS NOT SUBJECT TO PER COUNTRY 
LIMITATION.—Of the visa numbers made avail-
able under section 203(a) in any fiscal year, 75 
percent shall be issued without regard to the 
numerical limitation under paragraph (2). 
‘‘(B) TREATMENT OF REMAINING 25 PER-
CENT
FOR
COUNTRIES
SUBJECT
TO
SUB-
SECTION (e).— 
‘‘(i) IN GENERAL.—Of the visa num-
bers made available under section 203(a) 
in any fiscal year, the remaining 25 per-
cent shall be available, in the case of a for-
eign state or dependent area that is sub-
ject to subsection (e) only to the extent 
that the total number of visas issued in ac-
cordance with subsection (A) to natives of 
the foreign state or dependent area is less 
than the subsection (e) ceiling (as defined 
in clause (ii)). 
‘‘(ii) SUBSECTION
(E)
CEILING
DE-
FINED.—In clause (i), the term ‘subsection 
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(e) ceiling’ means, for a foreign state or 
dependent area, 77 percent of the max-
imum number of visas that may be made 
available under section 203(a) to immi-
grants who are natives of the state or area 
consistent with subsection (e).’’; and 
(B) by striking subparagraphs (C) and 
(D); and 
(2) in subsection (e)— 
(A) in paragraph (1), by adding ‘‘and’’ at 
the end; 
(B) by striking paragraph (2) and redesig-
nating paragraph (3) as paragraph (2); and 
(C) in the final sentence, by striking ‘‘re-
spectively,’’ and all that follows through the pe-
riod at the end and inserting ‘‘respectively.’’. 
(b) RULES FOR DETERMINING WHETHER CERTAIN 
ALIENS ARE CHILDREN.—Section 203(h) of the Immigra-
tion and Nationality Act (8 U.S.C. 1153(h)) is amended 
by striking ‘‘(a)(2)(A)’’ each place such term appears and 
inserting ‘‘(a)’’. 
(c) PROCEDURE FOR GRANTING IMMIGRANT STA-
TUS.—Section 204 of the Immigration and Nationality 
Act (8 U.S.C. 1154) is amended— 
(1) in subsection (a)(1)— 
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(A) in subparagraph (A)(i), by striking ‘‘to 
classification by reason of a relationship de-
scribed in paragraph (1), (3), or (4) of section 
203(a) or’’; 
(B) in subparagraph (B), by striking 
‘‘203(a)(2)(A)’’ and ‘‘203(a)(2)’’ each place 
such terms appear and inserting ‘‘203(a)’’; and 
(C) in subparagraph (D)(i)(I), by striking 
‘‘a petitioner for preference status under para-
graph (1), (2), or (3)’’ and all that follows 
through the period at the end and inserting ‘‘an 
individual under 21 years of age for purposes of 
adjudicating such petition and for purposes of 
admission as an immediate relative under sec-
tion 201(b)(2)(A)(i) or a family-sponsored im-
migrant under section 203(a), as appropriate, 
notwithstanding the actual age of the indi-
vidual.’’; 
(2) in subsection (f)(1), by striking ‘‘201(b), 
203(a)(1), or 203(a)(3), as appropriate.’’ and insert-
ing ‘‘201(b).’’; and 
(3) by striking subsection (k). 
(d) 
WAIVERS
OF
INADMISSIBILITY.—Section 
212(d)(11) of the Immigration and Nationality Act (8 
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U.S.C. 1182(d)(11)) is amended by striking ‘‘(other than 
paragraph (4) thereof)’’. 
(e) CONDITIONAL PERMANENT RESIDENT STATUS 
FOR CERTAIN ALIEN SPOUSES AND SONS AND DAUGH-
TERS.—Section 216(g)(1)(C) of the Immigration and Na-
tionality Act (8 U.S.C. 1186a(g)(1)(C)) is amended by 
striking ‘‘203(a)(2)’’ and inserting ‘‘203(a)’’. 
(f) CLASSES
OF
DEPORTABLE
ALIENS.—Section 
237(a)(1)(E)(ii) of the Immigration and Nationality Act 
(8 U.S.C. 1227(a)(1)(E)(ii)) is amended by striking 
‘‘203(a)(2)’’ and inserting ‘‘203(a)’’. 
SEC. 5. EFFECTIVE DATE; APPLICABILITY. 
The amendments made by this Act shall take effect 
on the first day of the second fiscal year that begins after 
the date of the enactment of this Act, except that the fol-
lowing shall be considered invalid: 
(1) Any petition under section 204 of the Immi-
gration and Nationality Act (8 U.S.C. 1154) seeking 
classification of an alien under a family-sponsored 
immigrant category eliminated by the amendments 
made by this Act that is filed after the date of the 
introduction of this Act. 
(2) Any application for an immigrant visa based 
on a petition described in paragraph (1). 
Æ 
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