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S 672 IS

107th CONGRESS

1st Session

S. 672

To amend the Immigration and Nationality Act to provide for the continued classification of certain aliens as children for purposes of that Act in cases where the aliens `age-out' while awaiting immigration processing, and for other purposes.

IN THE SENATE OF THE UNITED STATES

April 2 (legislative day, MARCH 30), 2001

Mrs. FEINSTEIN introduced the following bill; which was read twice and referred to the Committee on the Judiciary


A BILL

To amend the Immigration and Nationality Act to provide for the continued classification of certain aliens as children for purposes of that Act in cases where the aliens `age-out' while awaiting immigration processing, 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'.

SEC. 2. CHILD STATUS PROTECTION.

    (a) IMMEDIATE RELATIVES- 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) Notwithstanding section 101(b)(1), an unmarried alien 21 years of age or older on whose behalf a petition was filed under section 204 to classify the alien as an immediate relative under clause (i) shall be classified as a child of a citizen of the United States for purposes of that clause, and the petition shall be considered a petition for classification under that clause, if the alien attained 21 years of age after the date on which the petition was filed but while the petition is pending before the Attorney General.
      `(iv) An unmarried alien under 21 years of age on whose behalf a petition was filed under section 204 to classify the alien as an immigrant under section 203(a)(2)(A) shall be classified as a child of a citizen of the United States for purposes of clause (i), and the petition shall be considered a petition for classification under that clause, if a petitioning parent became a naturalized citizen of the United States after the petition was filed but while the petition is pending before the Attorney General.
      `(v) An unmarried alien who was in a marriage on the date a petition was filed under section 204 to classify the alien as an immigrant under section 203(a)(3) shall be classified as a child of a citizen of the United States for purposes of clause (i), and the petition shall be considered a petition for classification under that clause, if--
        `(I) the alien's marriage was legally terminated while the petition is pending before the Attorney General; and
        `(II) the alien was under 21 years of age on the date of legal termination of the marriage.'.
    (b) FAMILY-SPONSORED, EMPLOYMENT-BASED, AND DIVERSITY IMMIGRANTS- Section 203(d) of the Immigration and Nationality Act (8 U.S.C. 1153(d)) is amended to read as follows:

    `(d) TREATMENT OF FAMILY MEMBERS-

      `(1) IN GENERAL- A spouse or child (as defined in subparagraph (A), (B), (C), (D), or (E) of section 101(b)(1)) shall, if not otherwise entitled to immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c), be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.
      `(2) CONTINUED CLASSIFICATION OF CERTAIN ALIENS AS CHILDREN- An unmarried alien 21 years of age or older on whose behalf a petition was filed under section 204 to classify the alien as an immigrant under subsection (a), (b), or (c), who is accompanying or following to join his or her parent under this section, shall be classified as a child for purposes of entitlement to the same immigrant status of the parent, and the petition shall be considered a petition for classification for such purposes, if the alien attained 21 years of age after the date on which the petition was filed but while the petition is pending before the Attorney General.'.
    (c) ASYLEES- Section 208(b)(3) of the Immigration and Nationality Act (8 U.S.C. 1158(b)(3)) is amended--
      (1) by striking `A spouse' and inserting `(A) IN GENERAL- A spouse'; and
      (2) by adding at the end the following:
        `(B) CONTINUED CLASSIFICATION OF CERTAIN ALIENS AS CHILDREN FOR ASYLUM ELIGIBILITY- An unmarried alien who is accompanying or seeking to join a parent granted asylum under this subsection, who is seeking to be granted asylum under this paragraph, and who was under 21 years of age on the date on which the alien's parent applied for asylum 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 the application was filed but while the application is pending before the Attorney General.'.

SEC. 3. EFFECTIVE DATE.

    Section 2, and the amendments made by section 2, shall apply to--
      (1) all applications and petitions filed before the date of enactment of this Act and pending on such date; and
      (2) all applications and petitions filed on or after such date.

END

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