child has been in the legal custody of, and has re-
sided with, the adopting parent or parents for at 
least two years:’’ and inserting ‘‘a child adopted 
while under the age of 18 years if the child has been 
in the legal custody of, and has resided with, the 
adopting parent or parents for at least two years 
and the adoption was officially initiated while the 
child was under the age of 16 years:’’; and 
(2) in subparagraph (F)—
(A) in clause (i)—
(i) by striking ‘‘child, under the age of 
sixteen at the time a petition is filed in his 
behalf to accord a classification as an im-
mediate relative under section 201(b), 
who’’ and inserting ‘‘child who’’; 
(ii) by inserting ‘‘while under the age 
of 18 years’’ after ‘‘who has been adopted 
abroad’’; and 
(iii) by striking ‘‘the Attorney General 
is satisfied that proper care will be fur-
nished the child if admitted to the United 
States:’’ and inserting ‘‘the Secretary of 
Homeland Security is satisfied that proper 
care will be furnished the child if admitted 
to the United States and that the adoption
abroad, or the compliance with domestic 
preadoption requirements, was officially 
initiated while the child was under the age 
of 16 years:’’; and 
(B) in clause (ii), by striking ‘‘except that 
the child is under the age of 18 at the time a 
petition is filed in his or her behalf to accord 
a classification as an immediate relative under 
section 201(b).’’ and inserting ‘‘except that the 
Secretary of Homeland Security shall be satis-
fied that the adoption abroad, or the compli-
ance with domestic preadoption requirements, 
was officially initiated while the child was under 
the age of 18 years.’’. 
(b) PROVISIONS EFFECTIVE UPON ENTRY INTO 
FORCE OF CONVENTION.—
(1) IN GENERAL.—Section 101(b)(1)(G) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(b)(1)(G)) is amended—
(A) in the matter preceding clause (i)—
(i) by striking ‘‘child, under the age of 
sixteen at the time a petition is filed on the 
child’s behalf to accord a classification as 
an 
immediate 
relative 
under 
section
201(b), who’’ and inserting ‘‘child who’’; 
and 
(ii) by inserting ‘‘while under the age 
of 18 years’’ after ‘‘who has been adopt-
ed’’; and 
(B) in clause (i)—
(i) in subclause (IV), by striking 
‘‘and’’ at the end; and 
(ii) by adding at the end the fol-
lowing: 
‘‘(VI) in the case of a child who—
‘‘(aa) has been adopted, the 
adoption was officially initiated while 
the child was under the age of 16 
years; or 
‘‘(bb) has not been adopted, the 
approval described in subparagraph 
(V)(aa) was officially sought while the 
child was under the age of 16 years; 
and’’. 
(2) EFFECTIVE DATE.—The amendments made 
by paragraph (1) shall take effect as if included in 
the enactment of section 302(a) of the Intercountry 
Adoption Act of 2000 (Public Law 106–279).
(c) NATURALIZATION PURPOSES.—Section 101(c)(1) 
of the Immigration and Nationality Act (8 U.S.C. 
1101(c)(1)) is amended to read as follows: 
‘‘(1) The term ‘child’ means an unmarried person 
under 21 years of age and includes—
‘‘(A) a child legitimated under the law of the 
child’s residence or domicile, or under the law of the 
father’s residence or domicile, whether in the United 
States or elsewhere, if such legitimation takes place 
before the child reaches the age of 16 years and the 
child is in the legal custody of the legitimating par-
ent or parents at the time of such legitimation; and 
‘‘(B) except as otherwise provided in sections 
320 and 321, a child adopted in the United States, 
if such adoption is officially initiated before the child 
reaches the age of 16 years and the child is in the 
legal custody of the adopting parent or parents at 
the time of such adoption.’’.
Æ