[Congressional Record: July 22, 2002 (House)]
[Page H4989-H4992]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
[DOCID:cr22jy02-57]
CHILD STATUS PROTECTION ACT
Mr. SENSENBRENNER. Mr. Speaker, I move to suspend the rules and
concur in the Senate amendment to the bill (H.R. 1209) 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.
The Clerk read as follows:
Senate amendment:
Strike out all after the enacting clause and insert:
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
[[Page H4990]]
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)(2)(A) 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)(3), 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--
(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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Wisconsin (Mr. Sensenbrenner) and the gentleman from Ohio (Mr. Brown)
each will control 20 minutes.
The Chair recognizes the gentleman from Wisconsin (Mr.
Sensenbrenner).
General Leave
Mr. SENSENBRENNER. Mr. Speaker, I ask unanimous consent that all
Members may have 5 legislative days within which to revise and extend
their remarks on H.R. 1209.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Wisconsin?
There was no objection.
Mr. SENSENBRENNER. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, H.R. 1209, the Child Status Protection Act, is the good
work of the Subcommittee on Immigration, Border Security and Claims
chairman, the gentleman from Pennsylvania (Mr. Gekas), and the ranking
member, the gentlewoman from Texas (Ms. Jackson-Lee.) It passed the
House by a vote of 416 to 0 in June of 2001. Today we take up the bill
as amended by the Senate.
Aliens residing in the United States who are eligible for permanent
resident status may adjust their status with the INS. However, INS
processing delays have caused up to a 3-year delay for adjustment. For
alien children of U.S. citizens, this delay in processing can have
serious consequences, for once they turn 21 years of age they lose
their immediate relative status. An unlimited number of immediate
relatives of U.S. citizens can receive green cards every year. However,
there are a limited number of green cards available for the adult
children of citizens.
If a U.S. citizen parent petitions for a green card for a child
before the child turns 21 but the INS does not get around to processing
the adjustment of status application until after the child turns 21,
the family is out of luck. The child goes to the end of the long
waiting list. The child is being punished because of INS ineptitude,
which we have heard much about, and it is not right. H.R. 1209 corrects
this outcome by providing that a child shall remain eligible for
immediate relative status as long as an immigrant visa petition was
filed for him or her before turning age 21.
The Senate passed H.R. 1209 with a few appropriate additions, and the
motion today is to concur in those additions. The Senate bill addresses
three other situations where alien children lose immigration benefits
by ``aging out'' as a result of INS processing delays.
Case number one: Children of permanent residents. Under current law,
when a child of a permanent resident turns 21, he or she goes from the
second preference A waiting list to the second waiting list B waiting
list, which is much longer.
Case number two: Children of family and employer-sponsored immigrants
[[Page H4991]]
and diversity lottery winners. Under current law, when an alien
receives permanent residence as a preference visa recipient or a winner
of the diversity lottery, a minor child receives permanent residence at
the same time. After the child turns 21, the parent would have to apply
for the child to be put on the second preference B waiting list.
Case number three: Children of asylees and refugees. Under current
law, when an alien receives asylum or is granted refugee status, a
minor child receives permanent residence at the same time as the
parent. After the child turns 21, the parent would have to apply for
him or her to be put on the second preference B waiting list.
The Senate amendment also fixes a troubling anomaly in our
immigration laws. Under current law, when a permanent resident
naturalizes who has sponsored adult sons and daughters for preferential
visas, they move from the second preference B category to the first
preference category. Normally, the wait for a first preference visa is
much shorter than the wait for second preference B visa. However,
currently this is not the case for sons and daughters of immigrants
from the Philippines. For complicated factors, the line actually gets
longer for sons and daughters when the parent naturalizes. Immigrants
are in effect being penalized for becoming citizens, and we don't want
that.
The Senate amendment provides a simple fix by allowing an adult son
or daughter to decline to be transferred from the second preference B
category to the first preference category when a parent naturalizes.
This bill is a fine example of how we and the other body can work
together in a collaborative fashion. Bringing families together is a
prime goal of our immigration system. H.R. 1209 facilitates and hastens
the reuniting of legal immigrants' families. It is family-friendly
legislation that is in keeping with our proud traditions. I urge my
colleagues to support this bill.
Mr. Speaker, I reserve the balance of my time.
The SPEAKER pro tempore. Without objection, the gentlewoman from
Texas (Ms. Jackson-Lee) will control the time.
There was no objection.
Ms. JACKSON-LEE of Texas. Mr. Speaker, I thank you for your kindness,
and I might also acknowledge the gentleman from Ohio (Mr. Brown) for
his kindness. Traveling sometimes causes one to be delayed.
Mr. Speaker, let me rise to support what I think is a very special
and important piece of legislation that has come about from the
Committee on the Judiciary in a bipartisan manner, the Child Status
Protection Act of 2001, H.R. 1209.
I would ask my colleagues to enthusiastically support this
legislation, which was originally cosponsored by the subcommittee
chairman, the gentleman from Pennsylvania (Mr. Gekas), and myself, and
it is a culmination of a bipartisan agreement of both the House and the
Senate that addresses the status of unmarried children of U.S. citizens
who turn 21 while in the process of having an immigrant visa petition
adjudicated. The age and marital status of the offspring of U.S.
citizens determine whether they are eligible for immigrant status as an
immediate relative or under the family-first preference category.
As has been noted throughout our debates on the floor of the House,
we are interested in and encouraged by the interest of immigrants in
this country to access legalization, to become American citizens, to be
part of the great values and the great beliefs of this Nation.
H.R. 1209 would protect the status of children of United States
citizens who ``age out'' while awaiting the processing and adjudication
of immediate relative petitions.
The child of a U.S. citizen is eligible for admission as an immediate
relative. Immediate relatives of U.S. citizens are not subject to any
numerical restrictions. That is, visas are immediately available to
them under the statute, subject only to the processing time required to
adjudicate the immediate relative visa petition.
Obviously, the parent and child relationship is very important. The
benefits that come from the parent-child relationship or relative
relationship is very important, the ability to be able to go to school,
to a place of higher education, to receive other governmental benefits.
Thus, the only wait that such children are required to endure is the
time it takes to process their paperwork. We want to see that
completed.
Under current law, once children reach the age of 21 and above, they
are no longer considered immediate relatives under the INA. That means
that they ``age out.'' Thus, instead of being entitled to admission
without numerical limitation, the U.S. citizen's sons or daughters are
placed in the back of the line for one of the INS's backlogged family
preference categories of immigrants. That means they have already been
standing in line for maybe 2, 3, 4 years. They may have been 17 or 16
or 19, and they have then aged out. By putting them behind a long list
of individuals then complicates further the situation of the benefits
that they might receive and also the relationship being established as
an American citizen.
This can be particularly difficult when there are just over 23,000
family-first preference visas available each year to the adult
unmarried sons and daughters of citizens, many of whom are coming over
to the country for the first time. Some of these that will be impacted
by this law are already here waiting to access citizenship. The waiting
list at times has been in excess of over 90,000 people. It is not
uncommon for people to wait on this waiting list for 4 years.
The Senate expanded this bill to cover other situations where alien
children lose immigration benefits by aging out as a result of INS
processing delays. The Senate amendment expands age-out protection to
cover the following:
Children of permanent residents. Under current law, there is a group
that is waiting in permanent residence, and we have expanded that.
Children of family and employer-sponsored immigrants and diversity
lottery winners, which allows those who are under visas such as H1(b),
which is very helpful. Children of asylees and refugees. Under current
law, when an alien receives asylum or is granted refugee status, a
minor child receives permanent residence at the same time as the
parent. After the child turns 21, the parent would have to apply for
him or her to be put on the second preference B waiting list.
I have a dilemma in my own district with where a family of nine is
now in detention because the only citizen they have in their family is
a 9-year-old child, which shows that, in many instances, sometimes
there are difficulties in families, good families, trying to access
legalization. This family has been in the country for 9 years. This
legislation does not apply to that, but it shows that where we can
correct situations to bring families together, this is extremely
important.
So the Senate has brought about an opportunity to correct or expand
upon what was not done in the House. I believe this is an important
bill that helps those who are aging out and brings families together. I
hope my colleagues will support this legislation enthusiastically.
Mr. Speaker, ``The Child Status Protection Act'' we are considering
today, originally sponsored by Subcommittee Chairman George Gekas and
myself, is the culmination of a bi-partisan agreement of both the House
and the Senate, that addresses the status of unmarried children of U.S.
citizens who turn 21 while in the process of having an immigrant visa
petition adjudicated. The age and marital status of the offspring of
U.S. citizens determine whether they are eligible for immigrant status
as ``immediate relatives'' or under the ``family first preference
category''.
H.R. 1209 would protect the status of children of United States
citizens who ``age-out'' while awaiting the processing and adjudication
of immediate relative petitions.
The ``child'' of a U.S. citizen is eligible for admission as an
``immediate relative.'' ``Immediate relatives'' of U.S. citizens are
not subject to any numerical restrictions. That is, visas are
immediately available to them under the statute, subject only to the
processing time required to adjudicate the immediate relative visa
petition. Thus, the only wait that such children are required to endure
is the time it takes to process their paperwork.
Under current law once children reach 21 years of age, they are no
longer considered immediate relatives under the INA. Thus, instead of
being entitled to admission without
[[Page H4992]]
numerical limitation, the U.S. citizen's sons or daughters are placed
in the back of the line for one of the INS's backlogged family
preference categories of immigrants. This can be particularly difficult
when there are just over 23,000 family-first preference visas available
each year to the adult, unmarried sons and daughters of citizens and a
waiting list which at times has been in excess of over 90,000 people.
It is not uncommon for people to wait on this waiting list for years.
The Senate expanded the bill to cover other situations where alien
children lose immigration benefits by ``aging-out'' as a result of INS
processing delays. The Senate amendment expands age-out protection to
cover:
children of permanent residents
Under current law, when a child of a permanent resident turns 21, he
or she goes from the second preference ``A'' waiting list to the second
preference ``B'' waiting list, which is much longer.
children of family and employer-sponsored immigrants and diversity
lottery winners
Under current law, when an alien receives permanent residence as a
preference-visa recipient or a winner of the diversity lottery, a minor
child receives permanent residence at the same time. After the child
turns 21, the parent would have to apply for him or her to be put on
the second preference ``B'' waiting list.
children of asylees and refugees
Under current law, when an alien receives asylum or is granted
refugee status, a minor child receives permanent residence at the same
time as the parent. After the child turns 21, the parent would have to
apply for him or her to be put on the second preference ``B'' waiting
list.
The Senate amendment also fixes an anomaly in our immigration laws.
Under current law, when a permanent resident naturalizes who has
sponsored adult sons and daughters for preference visas, they move from
the second preference ``B'' category (for the adult sons and daughters
of permanent residents) to the first preference category (for the adult
sons and daughters of citizens).
Normally, the wait for a first preference visa is much shorter than
the wait for a second preference ``B'' visa. However, currently this is
not the case for the sons and daughters of immigrants from the
Philippines. The line actually gets longer for the sons and daughters
when the parent naturalizes. This outcome is caused by two factors: (1)
no one country can receive more than a certain percentage of visas in
family-preference categories, and (2) there is a relatively higher
demand among naturalized citizens from the Philippines for preference
visas for their adult sons and daughters than there is among permanent
residents from the Philippines. In any event, it is certainly
unfortunate that immigrants are in effect being penalized for becoming
citizens. The Senate amendment provides relief by allowing an adult son
or daughter of a naturalized citizen who has already been sponsored for
permanent residence to choose not to be transferred from the second
preference ``B'' category to the first preference category.
This bill will solve the ``age out'' problem without displacing
others who have been waiting patiently in other visa categories by
allowing the child to use the date at the time the date of the parent's
application. I would like to thank our Subcommittee Chairman,
Congressman George Gekas and Chairman Sensenbrenner for moving this
matter through the Congress. I look forward to further bi-partisan
agreements in the future.
Mr. GEKAS. Mr. Speaker, I introduced H.R. 1209, the ``Child Status
Protection Act'', in March of 2001 along with Sheila Jackson Lee. I was
moved by stories of the children of U.S. citizens, constituents of my
own and of other members, who were being punished because of the
inability of the INS to process applications for adjustment of status
to permanent residency in a timely manner.
I am gratified to see us today on the verge of passing this bill for
a second time and sending it to President Bush for his signature. I
want to thank Senator Dianne Feinstein for all her help in getting this
bill passed by the Senate and for her efforts to make it even better.
Aliens who are eligible to receive an immigrant visa and who are in
the United States are eligible to adjust to permanent resident status
with the INS. However, the adjustment of status process has become a
black hole. Almost a million adjustment of status applications are
pending and the consequent processing delay can last up to three years.
For the children of U.S. citizens, such delay can have major
consequences.
An unlimited number of visas are available each year for the minor
children of U.S. citizens, who are considered immediate relatives.
However, a finite number of visas are available for the adult children
of U.S. citizens.
The date at which the age of a child is measured is the date their
adjustment of status application is processed--not the date that an
immigrant visa petition was filed on their behalf. Thus, with the INS
taking up to three years to process applications, children who were
under 21 when their petitions were filed may find themselves over 21 by
the time their applications are processed. When a child of a U.S.
citizen ``ages out'' by turning 21, the child automatically shifts from
the immediate relative category to the family first preference
category. This puts him or her at the end of long waiting list for a
visa.
Because demand for first preference visas far exceeds the number of
visas available each year, petitions are processed in the order they
were filed. For applicants from most countries, the wait for a family
first preference visa is about seven years, but for applicants from
Mexico or the Philippines, the wait can be much longer. This is in
addition to the time it takes INS to process he adjustment of status
application.
H.R. 1209, ``the Child Status Protection Act'', allows the children
of U.S. citizens whose visa petitions were filed before they reached
21, but turn 21 before their adjustment of status applications are
processed, to adjust status without having to wait for years. Pursuant
to the bill, they will still be considered minor children of U.S.
citizens, thus avoiding the first preference backlog.
This bill protects the children of American citizens whose
opportunity to receive a visa quickly has been lost because of INS
delays. It will also apply to those rare cases where a child ``ages
out'' overseas during the usually more expeditious State Department
visa processing.
The bill was modified in the Senate to provide relief to other
children who lose out when the INS takes too long to process their
adjustment of status applications--such as the children of permanent
residents and of asylees and refugees. I want to commend Senator
Feinstein for these changes.
The bill will also benefit Philippine immigrants who become
naturalized citizens. For some of them, naturalization now means that
they will have to wait longer to reunite with their adult children. Our
complex immigration laws and the law of supply and demand currently
lead to the odd result that the waiting list is longer for the adult
child of a naturalized citizen from the Philippines than for the adult
child of a permanent resident from the Philippines. As a result,
Filipino permanent residents with adult children are being punished for
becoming citizens of the United States. H.R. 1209 sets things right by
simply allowing the adult children to choose to stay in the shorter
line.
I urge my colleagues to support H.R. 1209.
Ms. JACKSON-LEE of Texas. Mr. Speaker, I yield back the balance of my
time.
Mr. SENSENBRENNER. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Wisconsin (Mr. Sensenbrenner) that the House suspend the
rules and concur in the Senate amendment to the bill, H.R. 1209.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the Senate amendment was
concurred in.
A motion to reconsider was laid on the table.
____________________
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