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HR 1209 RH

Union Calendar No. 28

107th CONGRESS

1st Session

H. R. 1209

[Report No. 107-45]

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 age of the alien on the date the classification petition with respect to the alien is filed, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

March 26, 2001

Mr. GEKAS (for himself and Ms. JACKSON-LEE of Texas) introduced the following bill; which was referred to the Committee on the Judiciary

April 20, 2001

Committed to the Committee of the Whole House on the State of the Union and ordered to be printed


A BILL

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 age of the alien on the date the classification petition with respect to the alien 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,

SECTION 1. SHORT TITLE.

    This Act may be cited as the `Child Status Protection Act of 2001'.

SEC. 2. USE OF AGE ON PETITION FILING DATE, PARENT'S NATURALIZATION DATE, OR MARRIAGE TERMINATION DATE, IN DETERMINING STATUS AS A CHILD OF A CITIZEN.

    (a) IN GENERAL- Section 201(b)(2)(A) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(2)(A)) is amended by adding at the end the following:
      `(iii)(I) For purposes of clause (i), a determination of whether an unmarried alien is a child (as defined in section 101(b)(1) in the matter preceding subparagraph (A) of such section) of a citizen of the United States 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 clause (i).
      `(II) 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 clause (i), the determination described in subclause (I) shall be made using the age of the alien on the date of the parent's naturalization.
      `(III) In the 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 clause (i), the determination described in subclause (I) shall be made using the age of the alien on the date of the termination of the marriage.'.
    (b) APPLICABILITY- The amendment made by subsection (a) shall apply to determinations made under section 201(b)(2)(A)(i) of the Immigration and Nationality Act, and classification petitions filed under section 204 of such Act, before, on, or after the date of the enactment of this Act.

Union Calendar No. 28

107th CONGRESS

1st Session

H. R. 1209

[Report No. 107-45]

A BILL

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 age of the alien on the date the classification petition with respect to the alien is filed, and for other purposes.


April 20, 2001

Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

END

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