[Congressional Record: June 13, 2001 (Extensions)]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
ELIMINATE PENALTY FOR IMMIGRANT CHILDREN--H.R. 1209
HON. PATSY T. MINK
in the house of representatives
Wednesday, June 13, 2001
Mrs. MINK of Hawaii. Mr. Speaker, I rise in strong support of H.R.
1209--The Child Protection Act of 2001. Too many injustices affect
immigrants as a result of how the current Immigration and Nationality
Act is written. H.R. 1209 is but one way to ensure that children of
citizens are not penalized because it takes the INS an unacceptable
length of time to process their adjustment of status petitions.
Alien children of U.S. citizens are eligible for admission as an
immediate relative. They are not subject to any numerical limitations
visas. The only wait time for these children is the actual time the INS
takes to process their petitions.
However, when these children turn 21 years of age, their status
shifts from immediate relative status to the status of family-first
preference. This category is subject to a limited number of visas per
If these children turn 21 after their immediate relative petition is
filed, they are moved to the bottom of the wait list for the family-
first preference category. Since this category is backlogged for many
countries, the child's wait time for processing unfairly increases.
H.R. 1209 would ensure that an alien child of a U.S. citizen shall
remain eligible for immediate relative status as long as an immigrant
visa petition was filed before the child turned 21. The date the
petition was filed, and not the date the petition is processed, shall
I urge my colleagues to support this piece of legislation to correct
this inequitable outcome.
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