S.744 Immigration bill - Sec. 2309: FIANCEE AND FIANCE CHILD STATUS PROTECTION

Posted Wed, Apr 17, 2013 at 4:56 pm

    (a) Definition- Section 101(a)(15)(K) (8 U.S.C. 1101(a)(15)(K)(i) is amended--

      (1) in clause (i), by inserting `or of an alien lawfully admitted for permanent residence' after `204(a)(1)(A)(viii)(I))';

      (2) in clause (ii), by inserting `or of an alien lawfully admitted for permanent residence' after `204(a)(1)(A)(viii)(I))'; and

      (3) in clause (iii), by striking the semicolon and inserting `, provided that a determination of the age of such child is made using the age of the alien on the date on which the fiance, fiancee, or immigrant visa petition is filed with the Secretary of Homeland Security to classify the alien's parent as the fiancee or fiance of a United States citizen or of an alien lawfully admitted for permanent residence (in the case of an alien parent described in clause (i)) or as the spouse of a citizen of the United States or of an alien lawfully admitted to permanent residence under section 201(b)(2)(A)(i) (in the case of an alien parent described in clause (ii));'.

    (b) Adjustment of Status Authorized- Section 214(d) (8 U.S.C. 1184(d)) is amended--

      (1) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and

      (2) in paragraph (1), by striking `In the event' and all that follows through the end; and

      (3) by inserting after paragraph (1) the following:

    `(2)(A) If an alien does not marry the petitioner under paragraph (1) within 3 months after the alien and the alien's children are admitted into the United States, the visa previously issued under the provisions of section 1101(a)(15)(K)(i) shall automatically expire and such alien and children shall be required to depart from the United States. If such aliens fail to depart from the United States, they shall be placed in proceedings in accordance with sections 240 and 241.

    `(B) Subject to subparagraphs (C) and (D), if an alien marries the petitioner described in section 101(a)(15)(K)(i) within 90 days after the alien is admitted into the United States, the Secretary or the Attorney General, subject to the provisions of section 245(d), may adjust the status of the alien, and any children accompanying or following to join the alien, to that of an alien lawfully admitted for permanent residence on a conditional basis under section 216 if the alien and any such children apply for such adjustment and are not determined to be inadmissible to the United States. If the alien does not apply for such adjustment within 6 months after the marriage, the visa issued under the provisions of section 1101(a)(15)(K) shall automatically expire.

    `(C) Paragraphs (5) and (7)(A) of section 212(a) shall not apply to an alien who is eligible to apply for adjustment of the alien's status to an alien lawfully admitted for permanent residence under this section.

    `(D) An alien eligible for a waiver of inadmissibility as otherwise authorized under this Act or the Border Security, Economic Opportunity, and Immigration Modernization Act shall be permitted to apply for adjustment of the alien's status to that of an alien lawfully admitted for permanent residence under this section.'.

    (c) Age Determination- Section 245(d) (8 U.S.C. 1255(d)) is amended--

      (1) by inserting `(1)' before `The Attorney General' by striking `The Attorney General' and inserting `(1) The Secretary of Homeland Security';

      (2) in paragraph (1), as designated under paragraph (1) of this subsection, by striking `Attorney General' and inserting `Secretary'; and

      (3) by adding at the end the following:

    `(2) A determination of the age of an alien admitted to the United States under section 101(a)(15)(K)(iii) shall be made, for purposes of adjustment to the status of an alien lawfully admitted for permanent residence on a conditional basis under section 216, using the age of the alien on the date on which the fiance, fiancee, or immigrant visa petition was filed with the Secretary of Homeland Security to classify the alien's parent as the fiancee or fiance of a United States citizen or of an alien lawfully admitted to permanent residence (in the case of an alien parent admitted to the United States under section 101(a)(15)(K)(i)) or as the spouse of a United States citizen or of an alien lawfully admitted to permanent residence under section 201(b)(2)(A)(i) (in the case of an alien parent admitted to the United States under section 101(a)(15)(K)(ii)).'.

    (d) Applicability- The amendments made by this section shall apply to all petitions or applications described in such amendments that are pending as of the date of the enactment of the Border Security, Economic Opportunity, and Immigration Modernization Act.

    (e) Technical and Conforming Amendments-

      (1) DEFINITIONS- Section 101(a)(15)(K) (8 U.S.C. 1101(a)(15)(K)), as amended by subsection (a), if further amended--

        (A) in clause (ii), by striking `section 201(b)(2)(A)(i)' and inserting `section 201(b)(2)'; and

        (B) in clause (iii), by striking `section 201(b)(2)(A)(i)' and inserting `section 201(b)(2)'.

      (2) AGE DETERMINATION- Section paragraph (2) of section 245(d) (8 U.S.C. 1255(d)), as add by subsection (c), is further amended by striking section `201(b)(2)(A)(i)' and inserting `201(b)(2)'.

      (3) EFFECTIVE DATE- The amendments made by this subsection shall take effect on the first day of the first fiscal year beginning no earlier than 1 year after the date of the enactment of this Act.

2309
FIANCEE AND FIANCE CHILD STATUS PROTECTION