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: 
‘‘A visa shall not be issued under the provisions of 
section 101(a)(15)(K)(iv) until the consular officer has re-
ceived 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. 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: 
VerDate Mar 15 2010 
21:41 Apr 24, 2013
Jkt 029200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H1525.IH
H1525
tkelley on DSK3SPTVN1PROD with BILLS
‘‘(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 Secretary of Homeland Security 
shall also consider such affidavit in determining 
whether the alien is inadmissible under this 
paragraph.’’; and 
(2) by striking subparagraphs (C) and (D). 
(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’’. 
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 
VerDate Mar 15 2010 
21:41 Apr 24, 2013
Jkt 029200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H1525.IH
H1525
tkelley on DSK3SPTVN1PROD with BILLS
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-
VerDate Mar 15 2010 
22:34 Apr 19, 2013
Jkt 029200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H1525.IH
H1525
tkelley on DSK3SPTVN1PROD with BILLS
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 
VerDate Mar 15 2010 
22:34 Apr 19, 2013
Jkt 029200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H1525.IH
H1525
tkelley on DSK3SPTVN1PROD with BILLS
‘‘(6) a request for review under this section 
must be made in writing to the Board within 60 
days after receipt of notice of the denial, revocation, 
or cancellation. 
‘‘(d) INTERESTED PARTIES.—The Board shall review 
each decision described in subsection (b) upon request by 
the petitioner of an immigrant visa petition approved 
under section 201(2)(A)(i) and (ii) or 203(a). 
‘‘(e) CONSTRUCTION.—This section may not be con-
strued to restrict any right to further administrative or 
judicial review established under any other provision of 
law. 
‘‘(f) FEES.—The Secretary of State shall charge, and 
collect, an appropriate fee associated with a request to the 
Board for a review. Such fee shall be sufficient to cover 
the cost of the administration of this section.’’. 
(b) TECHNICAL AMENDMENTS.— 
(1) Section 222(f) (8 U.S.C. 1202(f)) is amend-
ed by adding at the end: ‘‘An interested party under 
section 225(d) or court shall be permitted to inspect 
the record of proceeding as described in subsections 
(c)(2) and (c)(3) of section 225.’’. 
(2) Section 104(a)(1) (8 U.S.C. 1104(a)(1)) is 
amended by striking ‘‘except’’ and inserting ‘‘includ-
ing’’. 
VerDate Mar 15 2010 
22:34 Apr 19, 2013
Jkt 029200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H1525.IH
H1525
tkelley on DSK3SPTVN1PROD with BILLS
(3) The table of contents is amended by insert-
ing after the item relating to section 224 the fol-
lowing new item: 
‘‘Sec. 225. Board of Visa Appeals.’’. 
TITLE III—ELIMINATION OF 
UNFAIR RESTRICTIONS 
SEC. 301. ACQUISITION OF CITIZENSHIP FOR CHILDREN 
BORN ABROAD AND OUT OF WEDLOCK TO A 
UNITED STATES CITIZEN FATHER. 
(a) 
REQUIREMENTS
FOR
CITIZENSHIP
ELIGI-
BILITY.—Section 309(a) (8 U.S.C. 1409(a)) is amended— 
(1) in paragraph (2), by adding ‘‘and’’ at the 
end; 
(2) by striking paragraph (3); 
(3) in paragraph (4), by striking ‘‘while the 
person is under the age of 18 years—’’ and inserting 
‘‘at any time—’’; and 
(4) by redesignating paragraph (4) as para-
graph (3). 
(b) CLARIFICATION REGARDING DECEASED PAR-
ENTS OF CHILDREN BORN ABROAD AND OUT OF WED-
LOCK.—Section 309 (8 U.S.C. 1409) is amended by add-
ing at the end the following: 
‘‘(d) Nothing in this section shall be construed to pre-
clude a person who is a citizen or national of the United 
States by virtue of a provision of this section from estab-
VerDate Mar 15 2010 
22:34 Apr 19, 2013
Jkt 029200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H1525.IH
H1525
tkelley on DSK3SPTVN1PROD with BILLS
lishing such status under this title after the death of the 
person’s father, mother, or parents.’’. 
(c) APPLICATION
OF CITIZENSHIP PROVISIONS.— 
The amendments made by this Act shall apply to persons 
born out of wedlock who are alive on or after the date 
of the enactment of this Act. 
SEC. 302. ALLOW AUNTS AND UNCLES OR GRANDPARENTS 
TO ADOPT ORPHANED OR ABANDONED CHIL-
DREN OF THE DECEASED RELATIVE. 
Section 101(b)(1) (8 U.S.C. 1101(b)(1)) is amend-
ed— 
(1) by striking ‘‘or’’ at the end of subparagraph 
(E) and inserting a semicolon; 
(2) by striking the period at the end of sub-
paragraph (F) and inserting a colon; 
(3) by striking the period at the end of sub-
paragraph (G) and inserting ‘‘; and’’; and 
(4) by adding at the end the following: 
‘‘(H) a child adopted in the United States or 
abroad or who is coming to the United States for 
adoption by a grandparent, aunt or uncle while 
under the age of eighteen years, who has suffered 
the death or disappearance of, abandonment or de-
sertion by, or separation or loss from, both parents, 
or for whom the sole or surviving parent is incapable 
VerDate Mar 15 2010 
22:34 Apr 19, 2013
Jkt 029200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H1525.IH
H1525
tkelley on DSK3SPTVN1PROD with BILLS
of providing proper care and has consented in writ-
ing to the adoption, if the Secretary of Homeland 
Security is satisfied that proper care will be fur-
nished the child if admitted to the United States. No 
natural parent or prior adoptive parent of any such 
child shall thereafter, by virtue of such parentage, be 
accorded any right, privilege, or status under this 
Act. Nothing in this subsection shall be construed to 
require the child to be released to an orphanage as 
a prerequisite for eligibility.’’. 
SEC. 303. RELIEF FOR SURVIVING SPOUSES, CHILDREN 
AND PARENTS. 
(a) IN GENERAL.—Section 201(b)(2)(A)(i) (8 U.S.C. 
1151(b)(2)(A)(i)) is amended— 
(1) by inserting ‘‘, and if married for less than 
two years at the time of the citizen’s death proves 
by a preponderance of the evidence that the mar-
riage was entered into in good faith and not solely 
for the purpose of obtaining an immigration ben-
efit,’’ after ‘‘within 2 years after such date’’; and 
(2) by inserting ‘‘In the case of an alien who 
was the child or parent of a citizen of the United 
States at the time of the citizen’s death, the alien 
shall be considered, for purposes of this subsection, 
to remain an immediate relative after the date of the 
VerDate Mar 15 2010 
22:34 Apr 19, 2013
Jkt 029200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H1525.IH
H1525
tkelley on DSK3SPTVN1PROD with BILLS
citizen’s death but only if the alien files a petition 
under section 204(a)(1)(A)(ii) within two years after 
such date in the case of a parent, or prior to reach-
ing the age of 21 in the case of a child.’’ after ‘‘re-
marries.’’. 
(b) PETITION.—Section 204(a)(1)(A)(ii) (8 U.S.C. 
1154(a)(1)(A)(ii)) is amended by inserting ‘‘or an alien 
child or alien parent described in the third sentence of sec-
tion 201(b)(2)(A)(i)’’ after ‘‘section 201(b)(2)(A)(i)’’. 
(c) TRANSITION
PERIOD.—In applying section 
201(b)(2)(A)(i) (8 U.S.C. 1151(b)(2)(A)(i)), as amended 
by subsection (a), in the case of an alien whose citizen 
relative died before the date of the enactment of this Act, 
the alien relative may (notwithstanding the deadlines spec-
ified in such subsection) file the classification petition re-
ferred to in such subsection within 2 years after the date 
of the enactment of this Act. In the case of an alien who 
was excluded, deported, removed or departed voluntarily 
before the date of the enactment of this Act, such alien 
shall be eligible for parole into the United States pursuant 
to the Secretary of Homeland Security’s authority under 
section 212(d)(5) of such Act (8 U.S.C. 1182(d)(5)), and 
such alien’s application for adjustment of status shall be 
considered notwithstanding section 212(a)(9) (8 U.S.C. 
1182(a)(9)). 
VerDate Mar 15 2010 
22:34 Apr 19, 2013
Jkt 029200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H1525.IH
H1525
tkelley on DSK3SPTVN1PROD with BILLS
(d) ADJUSTMENT
OF
STATUS.—Section 245 (8 
U.S.C. 1255) is amended by adding at the end the fol-
lowing: 
‘‘(n) APPLICATIONS FOR ADJUSTMENT OF STATUS 
BY SURVIVING SPOUSES, CHILDREN AND PARENTS.— 
‘‘(1) IN
GENERAL.—Any alien described in 
paragraph (2) who applied for adjustment of status 
prior to the death of the qualifying relative, may 
have such application adjudicated as if such death 
had not occurred. 
‘‘(2) ALIEN DESCRIBED.—An alien described in 
this paragraph is an alien who— 
‘‘(A) is an immediate relative as described 
in section 201(b)(2)(A)(i); 
‘‘(B) is a family-sponsored immigrant as 
described in subsection (a) or (d) of section 
203; 
‘‘(C) is a derivative beneficiary of an em-
ployment-based 
immigrant 
under 
section 
203(b), as described in section 203(d); or 
‘‘(D) is a derivative beneficiary of a diver-
sity immigrant as described in section 203(c).’’. 
(e) TRANSITION PERIOD.—Notwithstanding a denial 
of an application for adjustment of status, in the case of 
an alien whose qualifying relative died before the date of 
VerDate Mar 15 2010 
22:34 Apr 19, 2013
Jkt 029200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H1525.IH
H1525
tkelley on DSK3SPTVN1PROD with BILLS
(B) Aliens who have serious medical or 
mental health needs. 
(C) Aliens who are mentally retarded or 
autistic. 
(D) Pregnant alien women. 
(E) Elderly aliens who are over the age of 
65. 
(F) Aliens placed in expedited removal pro-
ceedings after being rescued from trafficking or 
criminal operations by Government authorities. 
(G) Other groups designated in regulations 
promulgated by the Secretary. 
(5) IMPLEMENTING REGULATIONS.—Not later 
than 180 days after the date of the enactment of 
this Act, the Secretary shall promulgate regulations 
to implement the secure alternatives to detention 
program and to standardize the care and treatment 
of aliens in immigration custody based on the Deten-
tion Operations Manual of the Department of 
Homeland Security. 
(6) DECISIONS REGARDING PROGRAM NOT RE-
VIEWABLE.—The decisions of the Secretary regard-
ing when to utilize the program and to what extent 
and the selection of aliens to participate in the pro-
VerDate Mar 15 2010 
22:34 Apr 19, 2013
Jkt 029200
PO 00000
Frm 00046
Fmt 6652
Sfmt 6201
E:\BILLS\H1525.IH
H1525
tkelley on DSK3SPTVN1PROD with BILLS