Text: H.R.1209 — 107th Congress (2001-2002)All Information (Except Text)

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Public Law No: 107-208 (08/06/2002)

 
[107th Congress Public Law 208]
[From the U.S. Government Printing Office]


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[DOCID: f:publ208.107]


[[Page 116 STAT. 927]]

Public Law 107-208
107th Congress

                                 An Act


 
  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. <<NOTE: Aug. 6, 2002 -  [H.R. 1209]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Child Status Protection 
Act.>> assembled,

SECTION 1. <<NOTE: 8 USC 1101 note.>> 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

[[Page 116 STAT. 928]]

        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

[[Page 116 STAT. 929]]

                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) <<NOTE: Applicability.>> 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:

[[Page 116 STAT. 930]]

    ``(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. <<NOTE: Applicability. 8 USC 1151 note.>> 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.

    Approved August 6, 2002.

LEGISLATIVE HISTORY--H.R. 1209 (S. 672):
---------------------------------------------------------------------------

HOUSE REPORTS: No. 107-45 (Comm. on the Judiciary).
CONGRESSIONAL RECORD:
                                                        Vol. 147 (2001):
                                    June 6, considered and passed House.
                                                        Vol. 148 (2002):
                                    June 13, considered and passed 
                                        Senate, amended.
                                    July 22, House concurred in Senate 
                                        amendment.

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