Text: S.1300 — 114th Congress (2015-2016)All Information (Except Text)

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Public Law No: 114-70 (10/16/2015)

 
[114th Congress Public Law 70]
[From the U.S. Government Publishing Office]



[[Page 129 STAT. 561]]

Public Law 114-70
114th Congress

                                 An Act


 
   To amend the section 221 of the Immigration and Nationality Act to 
provide relief for adoptive families from immigrant visa fees in certain 
            situations. <<NOTE: Oct. 16, 2015 -  [S. 1300]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Adoptive Family 
Relief Act. 8 USC 1101 note.>> 
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Adoptive Family Relief Act''.
SEC. 2. WAIVER OF FEES FOR RENEWAL OF IMMIGRANT VISA FOR ADOPTED 
                    CHILD IN CERTAIN SITUATIONS.

    Section 221(c) of the Immigration and Nationality Act (8 U.S.C. 
1201(c)) is amended to read as follows:
    ``(c) <<NOTE: Regulations.>>  Period of Validity; Renewal or 
Replacement.--
            ``(1) Immigrant visas.--An immigrant visa shall be valid for 
        such period, not exceeding six months, as shall be by 
        regulations prescribed, except that any visa issued to a child 
        lawfully adopted by a United States citizen and spouse while 
        such citizen is serving abroad in the United States Armed 
        Forces, or is employed abroad by the United States Government, 
        or is temporarily abroad on business, shall be valid until such 
        time, for a period not to exceed three years, as the adoptive 
        citizen parent returns to the United States in due course of his 
        service, employment, or business.
            ``(2) Nonimmigrant visas.--A nonimmigrant visa shall be 
        valid for such periods as shall be by regulations prescribed. In 
        prescribing the period of validity of a nonimmigrant visa in the 
        case of nationals of any foreign country who are eligible for 
        such visas, the Secretary of State shall, insofar as 
        practicable, accord to such nationals the same treatment upon a 
        reciprocal basis as such foreign country accords to nationals of 
        the United States who are within a similar class; except that in 
        the case of aliens who are nationals of a foreign country and 
        who either are granted refugee status and firmly resettled in 
        another foreign country or are granted permanent residence and 
        residing in another foreign country, the Secretary of State may 
        prescribe the period of validity of such a visa based upon the 
        treatment granted by that other foreign country to alien 
        refugees and permanent residents, respectively, in the United 
        States.
            ``(3) Visa replacement.--An immigrant visa may be replaced 
        under the original number during the fiscal year in which the 
        original visa was issued for an immigrant who establishes to the 
        satisfaction of the consular officer that the immigrant--

[[Page 129 STAT. 562]]

                    ``(A) was unable to use the original immigrant visa 
                during the period of its validity because of reasons 
                beyond his control and for which he was not responsible;
                    ``(B) is found by a consular officer to be eligible 
                for an immigrant visa; and
                    ``(C) pays again the statutory fees for an 
                application and an immigrant visa.
            ``(4) Fee waiver.--If an immigrant visa was issued, on or 
        after March 27, 2013, for a child who has been lawfully adopted, 
        or who is coming to the United States to be adopted, by a United 
        States citizen, any statutory immigrant visa fees relating to a 
        renewal or replacement of such visa may be waived or, if already 
        paid, may be refunded upon request, subject to such criteria as 
        the Secretary of State may prescribe, if--
                    ``(A) the immigrant child was unable to use the 
                original immigrant visa during the period of its 
                validity as a direct result of extraordinary 
                circumstances, including the denial of an exit permit; 
                and
                    ``(B) if such inability was attributable to factors 
                beyond the control of the adopting parent or parents and 
                of the immigrant.''.

    Approved October 16, 2015.

LEGISLATIVE HISTORY--S. 1300:
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CONGRESSIONAL RECORD, Vol. 161 (2015):
            July 14, considered and passed Senate.
            Oct. 6, considered and passed House.

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