S.744 Immigration bill - Sec. 2305: RECLASSIFICATION OF SPOUSES AND MINOR CHILDREN OF LAWFUL PERMANENT RESIDENTS AS IMMEDIATE RELATIVES
Posted Wed, Apr 17, 2013 at 4:56 pm
- (a) Immediate Relatives- Section 201(b)(2) (8 U.S.C. 1151(b)(2)) is amended to read as follows:
- `(2)(A) Aliens who are immediate relatives.
- `(B) In this paragraph, the term `immediate relative' means--
- `(i) a child, spouse, or parent of a citizen of the
United States, except that in the case of such a parent such citizen
shall be at least 21 years of age;
- `(ii) a child or spouse of an alien lawfully admitted for permanent residence;
- `(iii) the child or spouse of an alien described in clause (i), who is accompanying or following to join the alien;
- `(iv) the child or spouse of an alien described in clause (ii), who is accompanying or following to join the alien;
- `(v) an alien admitted under section 211(a) on the
basis of a prior issuance of a visa to the alien's accompanying parent
who is an immediate relative; and
- `(vi) an alien born to an alien lawfully admitted for permanent residence during a temporary visit abroad.
- `(C) If an alien who was the spouse or child of a
citizen of the United States or of an alien lawfully admitted for
permanent residence and was not legally separated from the citizen or
lawful permanent resident at the time of the citizen's or lawful
permanent resident's death files a petition under section
204(a)(1)(A)(ii) not later than 2 years after the date of the citizen's
or permanent resident's death, the alien spouse (and each child of the
alien) shall remain, for purposes of this paragraph, an immediate
relative during the period beginning on the date of the citizen's or
permanent resident's death and ending on the date on which the alien
spouse remarries.
- `(D) An alien who has filed a petition under clause
(iii) or (iv) of section 204(a)(1)(A) shall remain, for purposes of this
paragraph, an immediate relative if the United States citizen or lawful
permanent resident spouse or parent loses United States citizenship on
account of the abuse.'.
- (b) Allocation of Immigrant Visas- Section 203(a) (8 U.S.C. 1153(a)) is amended--
- (1) in paragraph (1), by striking `23,400,' and
inserting `20 percent of the worldwide level of family-sponsored
immigrants under section 201(c)';
- (2) by striking paragraph (2) and inserting the following:
- `(2) UNMARRIED SONS AND UNMARRIED DAUGHTERS OF
PERMANENT RESIDENT ALIENS- Qualified immigrants who are the unmarried
sons or unmarried daughters (but are not the children) of an alien
lawfully admitted for permanent residence shall be allocated visas in a
number not to exceed 20 percent of the worldwide level of
family-sponsored immigrants under section 201(c), plus any visas not
required for the class specified in paragraph (1).';
- (3) in paragraph (3) --
- (A) by striking `23,400,' and inserting `20 percent
of the worldwide level of family-sponsored immigrants under section
201(c)'; and
- (B) by striking `classes specified in paragraphs (1) and (2).' and inserting `class specified in paragraph (2).'; and
- (4) in paragraph (4)--
- (A) by striking `65,000,' and inserting `40 percent
of the worldwide level of family-sponsored immigrants under section
201(c)'; and
- (B) by striking `classes specified in paragraphs (1) through (3).' and inserting `class specified in paragraph (3).'.
- (c) Termination of Registration- Section 203(g) (8 U.S.C. 1153(g)) is amended to read as follows:
- `(g) Lists-
- `(1) IN GENERAL- For purposes of carrying out the
orderly administration of this title, the Secretary of State may make
reasonable estimates of the anticipated numbers of immigrant visas to be
issued during any quarter of any fiscal year within each of the
categories under subsections (a), (b), and (c) and may rely upon such
estimates in authorizing the issuance of visas.
- `(2) TERMINATION OF REGISTRATION-
- `(A) INFORMATION DISSEMINATION- Not later than 180
days after the date of the enactment of the Border Security, Economic
Opportunity, and Immigration Modernization Act, the Secretary of
Homeland Security and the Secretary of State shall adopt a plan to
broadly disseminate information to the public regarding termination of
registration procedures described in subparagraphs (B) and (C),
including procedures for notifying the Department of Homeland Security
and the Department of State of any change of address on the part of a
petitioner or a beneficiary of an immigrant visa petition.
- `(B) TERMINATION FOR FAILURE TO ADJUST- The
Secretary of Homeland Security shall terminate the registration of any
alien who has evidenced an intention to acquire lawful permanent
residence under section 245 and who fails to apply to adjust status
within 1 year following notification to the alien of the availability of
an immigrant visa.
- `(C) TERMINATION FOR FAILURE TO APPLY- The
Secretary of State shall terminate the registration of any alien not
described in subparagraph (B) who fails to apply for an immigrant visa
within 1 year following notification to the alien of the availability of
such visa.
- `(3) REINSTATEMENT- The registration of any alien that
was terminated under paragraph (2) shall be reinstated if the alien
establishes within 2 years following the date of notification of the
availability of such visa demonstrates that such failure to apply was
due to good cause.'.
- (d) Technical and Conforming Amendments-
- (1) DEFINITIONS- Section 101(a)(15)(K)(ii) (8 U.S.C.
1101(a)(15)(K)(ii)) is amended by striking `section 201(b)(2)(A)(i)' and
inserting `section 201(b)(2) (other than clause (v) or (vi) of
subparagraph (A))'.
- (2) PER COUNTRY LEVEL- Section 202(a)(1)(A) (8 U.S.C.
1152(a)(1)(A)) is amended by striking `section 201(b)(2)(A)(i)' and
inserting `section 201(b)(2) (other than clause (v) or (vi) of
subparagraph (A))'.
- (3) RULES FOR DETERMINING WHETHER CERTAIN ALIENS ARE IMMEDIATE RELATIVES- Section 201(f) (8 U.S.C. 1151(f)) is amended--
- (A) in paragraph (1), by striking `paragraphs (2) and (3),' and inserting `paragraph (2),';
- (B) by striking paragraph (2);
- (C) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; and
- (D) in paragraph (3), as redesignated by subparagraph (C), by striking `through (3)' and inserting `and (2)'.
- (4) NUMERICAL LIMITATION TO ANY SINGLE FOREIGN STATE- Section 202 (8 U.S.C. 1152) is amended--
- (A) in subsection (a)(4)--
- (i) by striking subparagraphs (A) and (B);
- (ii) by redesignating subparagraphs (C) and (D) as subparagraphs (A) and (B), respectively; and
- (iii) in subparagraph (A), as redesignated by
clause (ii), by striking `section 203(a)(2)(B)' and inserting `section
203(a)(2)'; and
- (B) in subsection (e), in the flush matter
following paragraph (3), by striking `, or as limiting the number of
visas that may be issued under section 203(a)(2)(A) pursuant to
subsection (a)(4)(A)'.
- (5) ALLOCATION OF IMMIGRANT VISAS- Section 203(h) (8 U.S.C. 1153(h)) is amended--
- (A) in paragraph (1)--
- (i) in the matter preceding subparagraph (A), by striking `subsections (a)(2)(A) and (d)' and inserting `subsection (d)';
- (ii) in subparagraph (A), by striking `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),' and inserting `became available for the alien's parent,'; and
- (iii) in subparagraph (B), by striking `applicable';
- (B) by amending paragraph (2) to read as follows:
- `(2) PETITIONS DESCRIBED- The petition described in
this paragraph is a petition filed under section 204 for classification
of the alien's parent under subsection (a), (b), or (c).'; and
- (C) by amending paragraph (3) to read as follows:
- `(3) RETENTION OF PRIORITY DATE-
- `(A) PETITIONS FILED FOR CHILDREN- For a petition
originally filed to classify a child under subsection (d), if the age of
the alien is determined under paragraph (1) to be 21 years of age or
older on the date that a visa number becomes available to the alien's
parent who was the principal beneficiary of the petition, then, upon the
parent's admission to lawful permanent residence in the United States,
the petition shall automatically be converted to a petition filed by the
parent for classification of the alien under subsection (a)(2) and the
petition shall retain the priority date established by the original
petition.
- `(B) FAMILY AND EMPLOYMENT-BASED PETITIONS- The
priority date for any family- or employment-based petition shall be the
date of filing of the petition with the Secretary of Homeland Security
(or the Secretary of State, if applicable), unless the filing of the
petition was preceded by the filing of a labor certification with the
Secretary of Labor, in which case that date shall constitute the
priority date. The beneficiary of any petition shall retain his or her
earliest priority date based on any petition filed on his or her behalf
that was approvable when filed, regardless of the category of subsequent
petitions.'.
- (6) PROCEDURE FOR GRANTING IMMIGRANT STATUS- Section 204 (8 U.S.C. 1154) is amended--
- (A) in subsection (a)(1)--
- (i) in subparagraph (A)--
- (I) in clause (i), by inserting `or alien lawfully admitted for permanent residence' after `citizen of the United States';
- (II) in clause (ii), by striking `described
in the second sentence of section 201(b)(2)(A)(i) also' and inserting
`or alien child described in section 201(b)(2)(C)';
- (III) in clause (iii)--
(AA) in subitem (AA), by striking the semicolon at the end and inserting `or lawful permanent resident;';
(BB) in subitem (BB)--
(cc) by inserting `or lawful permanent resident' after `a citizen of the United States'; and
(dd) by striking `States;' and inserting `States or lawful permanent resident;'; and
- (CC) by amending subitem (CC) to read as follows:
- `(CC) who was a bona fide spouse of a citizen of the
United States or a lawful permanent resident within the past 2 years
and--
- `(aaa) whose spouse died within the past 2 years;
- `(bbb) whose spouse renounced citizenship status or
renounced or lost status as a lawful permanent resident within the past
2 years related to an incident of domestic violence; or
- `(ccc) who demonstrates a connection between the
legal termination of the marriage within the past 2 years and battering
or extreme cruelty by the spouse who is a citizen of the United States
or a lawful permanent resident spouse;';
- (IV) in clause (iv), by inserting `or lawful permanent resident' after `citizen' each place that term appears;
- (V) in clause (v)(I), by inserting `or lawful permanent resident' after `citizen'; and
- (VI) in clause (vi)--
- (ii) by striking subparagraph (B);
- (iii) in subparagraph (C), by striking
`subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii)' and inserting
`clause (iii) or (iv) of subparagraph (A)'; and
- (iv) in subparagraph (J), by striking `or clause (ii) or (iii) of subparagraph (B)';
- (B) in subsection (a), by striking paragraph (2);
- (C) in subsection (c)(1), by striking `or preference status'; and
- (D) in subsection (h), by striking `or a petition filed under subsection (a)(1)(B)(ii)'.
- (7) EXCLUDABLE ALIENS- Section 212(d)(12)(B) (8 U.S.C.
1182(d)(12)(B)) is amended by striking `section 201(b)(2)(A)' and
inserting `section 201(b)(2) (other than subparagraph (A)(vi))'.
- (8) ADMISSION OF NONIMMIGRANTS- Section 214(r)(3)(A) (8
U.S.C. 1184(r)(3)(A)) is amended by striking `section 201(b)(2)(A)(i).'
and inserting `section 201(b)(2) (other than clause (v) or (vi) of
subparagraph (A)).'.
- (9) REFUGEE CRISIS IN IRAQ ACT OF 2007- Section
1243(a)(4) of the Refugee Crisis in Iraq Act of 2007 (8 U.S.C. 1157
note) is amended by striking `section 201(b)(2)(A)(i)' and inserting
`section 201(b)(2) (other than clause (v) or (vi) of subparagraph (A))'.
- (10) PROCESSING OF VISA APPLICATIONS- Section 233 of
the Department of State Authorization Act, Fiscal Year 2003 (8 U.S.C.
1201 note) is amended by striking `section 201(b)(2)(A)(i)' and
inserting `section 201(b)(2) (other than clause (v) or (vi) of
subparagraph (A))'.
- (11) ADJUSTMENT OF STATUS- Section 245(a) (8 U.S.C. 1255(a)) is amended to read as follows:
- `(a)(1) The status of an alien who was inspected and
admitted or paroled into the United States or the status of any other
alien having an approved petition for classification as a VAWA
self-petitioner may be adjusted by the Attorney General or the Secretary
of Homeland Security, in the Attorney General's or the Secretary's
discretion and under such regulations as the Attorney General or
Secretary may prescribe, to that of an alien lawfully admitted for
permanent residence (regardless of whether the alien has already been
admitted for permanent residence) if--
- `(A) the alien makes an application for such adjustment;
- `(B) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence; and
- `(C) subject to paragraph (2), an immigrant visa is
immediately available to the alien at the time the alien's application
is filed.
- `(2)(A) An application that is based on a petition approved
or approvable under subparagraph (A) or (B) of section 204(a)(1) may be
filed without regard to the limitation set forth in paragraph (1)(C).
- `(B) An application for adjustment filed for an alien under
this paragraph may not be approved until such time as an immigrant visa
becomes available for the alien.'.
- (e) Effective Date- The amendments made by this section shall take effect on the date of the enactment of this Act.
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RECLASSIFICATION OF SPOUSES AND MINOR CHILDREN OF LAWFUL PERMANENT RESIDENTS AS IMMEDIATE RELATIVES