Uniting Families Act of 2021
Bill: H.R.4522 | Sponsor: Rep. Kind, Ron (D-WI)
Policy area: Immigration

Summary:
Uniting Families Act of 2021
This bill establishes a nonimmigrant visa category for the adult alien children of a U.S. citizen who served in the Armed Forces.
To obtain a visa, the alien's citizen parent must petition and receive approval from the Department of Homeland Security. The petition shall include (1) DNA evidence establishing the parent-child relationship, (2) a written statement that the parent will provide financial support until the alien receives lawful permanent resident status, and (3) proof of the parent's U.S. citizenship and active duty with the Armed Forces abroad.
If the parent is deceased, an adult sibling of the alien may file the petition if the sibling is capable of providing financial support until the alien receives lawful permanent status. Such a petition must include evidence that the petitioner and the alien are siblings, such as birth certificates showing at least one common parent.
The period of authorized admission for aliens with the visa is five years, and 5,000 principal aliens may be admitted each fiscal year. Holders of such a visa may adjust to lawful permanent resident status after meeting various requirements, such as being admissible as an immigrant.



To amend the Immigration and Nationality Act to provide for the 
   admission of certain sons and daughters of citizens of the United 
States, which citizens served on active duty in the Armed Forces of the 
             United States abroad, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Uniting Families Act of 2021''.

SEC. 2. ADMISSION OF CERTAIN SONS AND DAUGHTERS OF CITIZENS OF THE 
              UNITED STATES WHO SERVED IN THE ARMED FORCES.

    (a) Classification as a Nonimmigrant.--Section 101(a)(15) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) is amended--
            (1) in subparagraph (U), by striking ``or'' at the end;
            (2) in subparagraph (V), by striking the period at the end 
        and inserting ``; or''; and
            (3) by inserting after subparagraph (V) the following:
                    ``(W) subject to section 214(s), an alien who--
                            ``(i) is 18 years of age or older and is 
                        the son or daughter of a citizen of the United 
                        States, which citizen served on active duty in 
                        the Armed Forces of the United States abroad; 
                        or
                            ``(ii) is the spouse or child of an alien 
                        described in clause (i) and is accompanying, or 
                        following to join, the alien.''.
    (b) Requirements for Admission.--Section 214 of the Immigration and 
Nationality Act (8 U.S.C. 1184) is amended by adding at the end the 
following:
    ``(s)(1) Subject to paragraph (3), a visa shall not be issued under 
section 101(a)(15)(W) until a petition has been filed in the United 
States by the citizen parent of the visa applicant and approved by the 
Secretary of Homeland Security.
    ``(2) Subject to paragraph (3), the petition shall be in such form 
and contain such information as the Secretary of Homeland Security 
shall prescribe, and shall include the following information:
            ``(A) DNA evidence that establishes that the beneficiary is 
        the genetic child of the petitioner.
            ``(B) An agreement in writing that the parent will provide 
        financial support for the beneficiary until the beneficiary's 
        status is adjusted to the status of an alien lawfully admitted 
        for permanent residence.
            ``(C) Information that establishes that the petitioner--
                    ``(i) is a citizen of the United States; and
                    ``(ii) served on active duty in the Armed Forces of 
                the United States abroad.
    ``(3)(A) In a case in which the citizen parent who served on active 
duty in the Armed Forces of the United States abroad is deceased, the 
petition described in paragraph (1) may be filed by a sibling of the 
visa applicant if the sibling--
            ``(i) is 18 years of age or older;
            ``(ii) is a citizen of the United States; and
            ``(iii) is capable of providing financial support for the 
        visa applicant until the applicant's status is adjusted to the 
        status of an alien lawfully admitted for permanent residence.
    ``(B) Such a petition shall be in such form and contain such 
information as the Secretary of Homeland Security shall prescribe, and 
shall include the following information:
            ``(i) Evidence that establishes that the beneficiary is the 
        child of a citizen of the United States who served on active 
        duty in the Armed Forces of the United States abroad.
            ``(ii) Evidence that establishes the sibling relationship, 
        such as--
                    ``(I) birth certificates showing at least one 
                common parent;
                    ``(II) marriage certificates, in a case where the 
                siblings have a common father but different mothers;
                    ``(III) other appropriate evidence specified by the 
                Secretary of Homeland Security, in a case in where the 
                siblings are related through adoption or a stepparent; 
                and
                    ``(IV) additional information proving the sibling 
                relationship specified by the Secretary of Homeland 
                Security.
            ``(iii) An agreement in writing that the sibling will 
        provide financial support for the beneficiary until the 
        beneficiary's status is adjusted to the status of an alien 
        lawfully admitted for permanent residence.
    ``(4) The period of authorized admission for an alien admitted to 
the United States as a nonimmigrant under section 101(a)(15)(W) shall 
be 5 years, which may be extended for one additional 2-year period.
    ``(5) The total number of principal aliens who may be admitted 
under section 101(a)(15)(W) during any fiscal year may not exceed 
5,000.''.
    (c) Adjustment of Status.--Section 245 of the Immigration and 
Nationality Act (8 U.S.C. 1255) is amended by adding at the end the 
following:
    ``(n)(1) The Secretary of Homeland Security may adjust the status 
of an alien admitted to the United States as a nonimmigrant under 
section 101(a)(15)(W) to that of an alien lawfully admitted for 
permanent residence if the alien--
            ``(A) is admissible to the United States as an immigrant; 
        and
            ``(B) satisfies the requirements under section 312, unless 
        the alien is a child described in section 101(a)(15)(W)(ii) who 
        is under the age of 18.
    ``(2) The numerical limitations of sections 201 and 202 shall not 
apply to the adjustment of aliens to lawful permanent resident status 
under this subsection.''.
    (d) Naturalization.--Section 312(b) of the Immigration and 
Nationality Act (8 U.S.C. 1423(b)) is amended by inserting at the end 
the following:
            ``(4) The requirements of subsection (a) shall not apply to 
        any person who has satisfied such requirements under section 
        245(n)(1)(B).''.
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