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< Back to current issue of Immigration Daily < Back to current issue of Immigrant's Weekly

[Congressional Record: June 13, 2002 (Senate)]
[Page S5558-S5560]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
[DOCID:cr13jn02-171]                         



 
                      CHILD STATUS PROTECTION ACT

  Mr. REID. Madam President, I ask unanimous consent the Senate now 
proceed to Calendar No. 374, S. 672.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (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.

  There being no objection, the Senate proceeded to consider the 
bill, which had been reported from the Committee on the Judiciary, with 
an amendment.

  (Strike out all after the enacting clause and insert the part printed 
in italic.)

     SECTION 1. SHORT TITLE.

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

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

       Section 201 of the Immigration and Nationality 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 requirement 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 naturalization.
       ``(3) Age on marriage termination date.--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 
     subsection (b)(2)(A)(i) or as an unmarried son or daughter of 
     a citizen under section 203(a)(1), the determination 
     described in paragraph (1) shall be made using the age of the 
     alien on the date of the termination 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 Nationality 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 
     section 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 residence 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 
     subsection (a)(2)(A), a petition filed under section 204 for 
     classification 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 
     section 204 for classification of the alien's parent under 
     subsection (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)(4) and (d), the 
     alien's petition shall automatically be converted to the 
     appropriate 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 otherwise 
     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 
     subsection, 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)(2), if the alien attained 
     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 
                   REFUGEE.

       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 
     subsection, 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 an 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 
     petition 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

[[Page S5559]]

     amended by adding at the end the following new clause:
       ``(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.''.

     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.

  Mr. REID. Madam President, Senator Feinstein has a technical 
amendment at the desk, and I ask unanimous consent that the amendment 
be considered and agreed to, the motion to reconsider be laid upon the 
table, that the committee substitute amendment, as amended, be agreed 
to, the bill, as amended, be read a third time, passed, and the motion 
to reconsider be laid upon the table, without any intervening action or 
debate.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 3845) was agreed to, as follows:

       On page 9, line 9, strike ``(a)(4)'' and insert 
     ``(a)(2)(A)''.
       On page 10, line 9, strike ``209(b)(2)'' and insert 
     ``209(b)(3)''.

  The committee amendment in the nature of a substitute, as amended, 
was agreed to.
  The bill (S. 672), as amended, was read the third time and passed, as 
follows:

                                 S. 672

       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. USE OF AGE ON PETITION FILING DATE, PARENT'S 
                   NATURALIZATION DATE, OR MARRIAGE TERMINATION 
                   DATE, IN DETERMINING STATUS AS IMMEDIATE 
                   RELATIVE.

       Section 201 of the Immigration and Nationality 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 requirement 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 naturalization.
       ``(3) Age on marriage termination date.--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 
     subsection (b)(2)(A)(i) or as an unmarried son or daughter of 
     a citizen under section 203(a)(1), the determination 
     described in paragraph (1) shall be made using the age of the 
     alien on the date of the termination 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 Nationality 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 
     section 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 residence 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 
     subsection (a)(2)(A), a petition filed under section 204 for 
     classification 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 
     section 204 for classification of the alien's parent under 
     subsection (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)(4) and (d), the 
     alien's petition shall automatically be converted to the 
     appropriate 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 otherwise 
     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 
     subsection, 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)(2), if the alien attained 
     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 
                   REFUGEE.

       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 
     subsection, 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 an 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 
     petition 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:
       ``(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.''.

     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--

[[Page S5560]]

       (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.

                          ____________________





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