Child Status Protection Act
PL 107-208 (H.R.1209), enacted 08/06/2002

PUBLIC LAW 107-208—AUG. 6, 2002 
116 STAT. 927 
Public Law 107-208 
107th Congress 
An Act 
To amend the Immigration and Nationality Act to determine whether an alien 
is a child, for purposes of classification as an immediate relative, based on the 
Aug. 6, 2002 
age of the alien on the date the classification petition with respect to the alien 
fH R 1209] 
is filed, and for other purposes. 
Be it enacted by the Senate and House of Representatives 
of 
the United States of America in Congress assembled. 
Child Status 
Protection Act. 
SECTION 1. SHORT TITLE. 
8 USC 1101 note. 
This Act may be cited as the "Child Status Protection Act". 
SEC. 2. USE OF AGE ON PETITION FILING DATE, PARENT'S NATU-
RALIZATION DATE, OR MARRIAGE TERMINATION DATE, 
IN DETERMINING STATUS AS IMMEDIATE RELATIVE. 
Section 201 of the Immigration and NationaUty Act (8 U.S.C. 
1151) is amended by adding at the end the following: 
"(f) RULES FOR DETERMINING WHETHER CERTAIN ALIENS ARE 
IMMEDIATE RELATIVES.— 
"(1) AGE ON PETITION FILING DATE.—Except as provided 
in paragraphs (2) and (3), for purposes of subsection (b)(2)(A)(i), 
a determination of whether an alien satisfies the age require-
ment in the matter preceding subparagraph (A) of section 
101(b)(1) shall be made using the age of the alien on the 
date on which the petition is filed with the Attorney General 
under section 204 to classify the alien as an immediate relative 
under subsection (b)(2)(A)(i). 
"(2) AGE ON PARENT'S NATURALIZATION DATE.—In the case 
of a petition under section 204 initially filed for an alien child's 
classification as a family-sponsored immigrant under section 
203(a)(2)(A), based on the child's parent being lawfully admitted 
for permanent residence, if the petition is later converted, due 
to the naturalization of the parent, to a petition to classify 
the alien as an immediate relative under subsection (b)(2)(A)(i), 
the determination described in paragraph (1) shall be made 
using the age of the alien on the date of the parent's naturaliza-
tion. 
"(3) A G E 
O N MARRIAGE TERMINATION DATE.—In t h e case 
of a petition under section 204 initially filed for an alien's 
classification as a family-sponsored immigrant under section 
203(a)(3), based on the alien's being a married son or daughter 
of a citizen, if the petition is later converted, due to the legal 
termination of the alien's marriage, to a petition to classify 
the alien as an immediate relative under subsection (b)(2)(A)(i) 
or as an unmarried son or daughter of a citizen under section 
203(aXl), the determination described in paragraph (1) shall 
116 STAT. 928 
PUBLIC LAW 107-208—AUG. 6, 2002 
be made using the age of the alien on the date of the termi-
nation of the marriage.". 
SEC. 3. TREATMENT OF CERTAIN UNMARRIED SONS AND DAUGHTERS 
SEEKING STATUS AS FAMILY-SPONSORED, EMPLOYMENT-
BASED, AND DIVERSITY IMMIGRANTS. 
Section 203 of the Immigration and NationaHty Act (8 U.S.C. 
1153) is amended by adding at the end the following: 
"(h) RULES FOR DETERMINING WHETHER CERTAIN ALIENS ARE 
CHILDREN.— 
"(1) IN GENERAL.—For purposes of subsections (a)(2)(A) and 
(d), a determination of whether an alien satisfies the age 
requirement in the matter preceding subparagraph (A) of sec-
tion 101(b)(1) shall be made using— 
"(A) the age of the alien on the date on which an 
immigrant visa number becomes available for such alien 
(or, in the case of subsection (d), the date on which an 
immigrant visa number became available for the alien's 
parent), but only if the alien has sought to acquire the 
status of an alien lawfully admitted for permanent resi-
dence within one year of such availability; reduced by 
"(B) the number of days in the period during which 
the applicable petition described in paragraph (2) was 
pending. 
"(2) PETITIONS DESCRIBED.—^The petition described in this 
paragraph is— 
"(A) with respect to a relationship described in sub-
section (a)(2)(A), a petition filed under section 204 for classi-
fication of an alien child under subsection (a)(2)(A); or 
"(B) with respect to an alien child who is a derivative 
beneficiary under subsection (d), a petition filed under sec-
tion 204 for classification of the alien's parent under sub-
section (a), (b), or (c). 
"(3) RETENTION OF PRIORITY DATE.—If the age of an alien 
is determined under paragraph (1) to be 21 years of age or 
older for the purposes of subsections (a)(2)(A) and (d), the 
alien's petition shall automatically be converted to the appro-
priate category and the alien shall retain the original priority 
date issued upon receipt of the original petition.". 
SEC. 4. USE OF AGE ON PARENT'S APPLICATION FILING DATE IN 
DETERMINING ELIGIBILITY FOR ASYLUM. 
Section 208(b)(3) of the Immigration and Nationality Act (8 
U.S.C. 1158(b)(3)) is amended to read as follows: 
"(3) TREATMENT OF SPOUSE AND CHILDREN.— 
"(A) IN GENERAL.—^A spouse or child (as defined in 
section 101(b)(1) (A), (B), (C), (D), or (E)) of an alien who 
is granted asylum under this subsection may, if not other-
wise eligible for asylum under this section, be granted 
the same status as the alien if accompanying, or following 
to join, such alien. 
"(B) CONTINUED CLASSIFICATION OF CERTAIN ALIENS AS 
CHILDREN.—^An unmarried alien who seeks to accompany, 
or follow to join, a parent granted asylum under this sub-
section, and who was under 21 years of age on the date 
on which such parent applied for asylum under this section, 
shall continue to be classified as a child for purposes of 
this paragraph and section 209(b)(3), if the alien attained 
PUBLIC LAW 107-208—AUG. 6, 2002 
116 STAT. 929 
21 years of age after such application was filed but while 
it was pending.". 
SEC. 5. USE OF AGE ON PARENT'S APPLICATION FILING DATE IN 
DETERMINING ELIGIBILITY FOR ADMISSION AS REF-
UGEE. 
Section 207(c)(2) of the Immigration and Nationality Act (8 
U.S.C. 1157(c)(2)) is amended— 
(1) by striking "(2)" and inserting "(2)(A)"; and 
(2) by adding at the end the following: 
"(B) An unmarried alien who seeks to accompany, or follow 
to join, a parent granted admission as a refugee under this sub-
section, and who was under 21 years of age on the date on which 
such parent applied for refugee status under this section, shall 
continue to be classified as a child for purposes of this paragraph, 
if the alien attained 21 years of age after such application was 
filed but while it was pending.". 
SEC. 6. TREATMENT OF CLASSIFICATION PETITIONS FOR UNMARRIED 
SONS AND DAUGHTERS OF NATURALIZED CITIZENS. 
Section 204 of the Immigration and Nationality Act (8 U.S.C. 
1154) is amended by adding at the end the following: 
"(k) PROCEDURES FOR UNMARRIED SONS AND DAUGHTERS OF 
CITIZENS.— 
"(1) IN GENERAL.—Except as provided in paragraph (2), 
in the case of a petition under this section initially filed for 
an alien unmarried son or daughter's classification as a family-
sponsored immigrant under section 203(a)(2)(B), based on a 
parent of the son or daughter being £in alien lawfully admitted 
for permanent residence, if such parent subsequently becomes 
a naturalized citizen of the United States, such petition shall 
be converted to a petition to classify the unmarried son or 
daughter as a family-sponsored immigrant under section 
203(a)(1). 
"(2) EXCEPTION.—Paragraph (1) does not apply if the son 
or daughter files with the Attorney General a written statement 
that he or she elects not to have such conversion occur (or 
if it has occurred, to have such conversion revoked). Where 
such an election has been made, any determination with respect 
to the son or daughter's eligibility for admission as a family-
sponsored immigrant shall be made as if such naturalization 
had not taken place. 
"(3) PRIORITY DATE.—Regardless of whether a petition is 
converted under this subsection or not, if an unmarried son 
or daughter described in this subsection was assigned a priority 
date with respect to such petition before such naturalization, 
he or she may maintain that priority date. 
"(4) CLARIFICATION.—This subsection shall apply to a peti- Applicability, 
tion if it is properly filed, regardless of whether it was approved 
or not before such naturalization.". 
SEC. 7. IMMIGRATION BENEFITS FOR CERTAIN ALIEN CHILDREN NOT 
AFFECTED. 
Section 204(a)(1)(D) of the Immigration and Nationality Act 
(8 U.S.C. 1154(a)(1)(D)) is amended by adding at the end the 
following new clause: 
116 STAT. 930 
PUBLIC LAW 107-208—AUG. 6, 2002 
"(iii) Nothing in the amendments made by the Child Status 
Protection Act shall be construed to limit or deny any right or 
benefit provided under this subparagraph.". 
Applicability. 
SEC. 8. EFFECTIVE DATE. 
The amendments made by this Act shall take effect on the 
date of the enactment of this Act and shall apply to any alien 
who is a derivative beneficiary or any other beneficiary of— 
(1) a petition for classification under section 204 of the 
Immigration and Nationality Act (8 U.S.C. 1154) approved 
before such date but only if a final determination has not 
been made on the beneficiary's application for an immigrant 
visa or adjustment of status to lawful permanent residence 
pursuant to such approved petition; 
(2) a petition for classification under section 204 of the 
Immigration and Nationality Act (8 U.S.C. 1154) pending on 
or after such date; or 
(3) an application pending before the Department of Justice 
or the Department of State on or after such date. 
Approved August 6, 2002. 
LEGISLATIVE HISTORY—H.R. 1209 (S. 672): 
HOUSE REPORTS: No. 107-45 (Comm. on the Judiciary). 
CONGRESSIONAL RECORD: 
Vol. 147 (2001): June 6, considered and passed House. 
Vol. 148 (2002): June 13, considered and passed Senate, amended. 
July 22, House concurred in Senate amendment.