Sec. 302. Reclassification of spouses and minor children of legal permanent residents as immediate relatives
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Section 201(b)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1151(b)(2) ) is amended to read as follows: In this subparagraph, the term immediate relative means a child, spouse, or parent of a citizen of the United States or a child or spouse of a lawful permanent resident (and for each family member of a citizen or lawful permanent resident under this subparagraph, such individual’s spouse or child who is accompanying or following to join the individual), except that, in the case of parents, such citizens shall be at least 21 years of age.
Aliens admitted under section 211(a) on the basis of a prior issuance of a visa under section 203(a) to their accompanying parent who is an immediate relative. An alien who was the child or the parent of a citizen of the United States or a child of a lawful permanent resident at the time of the citizen’s or resident’s death if the alien files a petition under section 204(a)(1)(A)(ii) within 2 years after such date or prior to reaching 21 years of age. In the case of an alien who was the spouse of a citizen of the United States or spouse of a lawful permanent resident and was not legally separated from the citizen or resident at the time of the citizen’s or resident’s death, the alien (and each child of the alien) shall be considered for purposes of this subsection, to remain an immediate relative after the date of the citizen’s or resident’s death if the spouse files a petition under section 204(a)(1)(A)(ii) before the earlier of— 2 years after such date; or the date on which the spouse remarries.
For purposes of this subparagraph, an alien who has filed a petition under clause
(iii)or
(iv)of section 204(a)(1)(A) remains an immediate relative if the United States citizen or lawful permanent resident spouse or parent loses United States citizenship or residence on account of the abuse. Aliens born to an alien lawfully admitted for permanent residence during a temporary visit abroad. . Section 203(a) of the Immigration and Nationality Act ( 8 U.S.C. 1153(a) ) is amended— in paragraph (1), by striking 23,400 and inserting 38,000 ; by striking paragraph
(2)and inserting the following: 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 60,000, plus any visas not required for the class specified in paragraph (1). ; in paragraph (3), by striking 23,400 and inserting 38,000 ; and in paragraph (4), by striking 65,000 and inserting 90,000 . Section 201(f) of the Immigration and Nationality Act ( 8 U.S.C. 1151(f) ) is amended— in paragraph (1), by striking paragraphs
(2)and (3), and inserting paragraph (2), ; by striking paragraph (2); by redesignating paragraphs
(3)and
(4)as paragraphs
(2)and (3), respectively; and in paragraph (3), as redesignated by subparagraph (C), by striking through
(3)and inserting and
(2). Section 202 of the Immigration and Nationality Act ( 8 U.S.C. 1152 ) is amended— in subsection (a)(4)— by striking subparagraphs
(A)and (B); by redesignating subparagraphs
(C)and
(D)as subparagraphs
(A)and (B), respectively; and in subparagraph (A), as redesignated by clause
(ii)of this paragraph, by striking section 203(a)(2)(B) and inserting section 203(a)(2) ; and 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) . Section 203(h) of the Immigration and Nationality Act ( 8 U.S.C. 1153(h) ) is amended— in paragraph (1)— in the matter preceding subparagraph (A), by striking subsections (a)(2)(A) and
(d)and inserting subsection
(d); 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 in subparagraph (B), by striking applicable ; by amending paragraph
(2)to read as follows: 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)of this section. ; and in paragraph (3), by striking subsections (a)(2)(A) and
(d)and inserting subsection
(d). Section 204 of the Immigration and Nationality Act ( 8 U.S.C. 1154 ) is amended— in subsection (a)(1)— in subparagraph (A)— in clause (i), by inserting or lawful permanent resident after citizen ; in clause (ii), by striking described in the second sentence of section 201(b)(2)(A)(i) also and inserting , alien child, or alien parent described in section 201(b)(2)(A) ; in clause (iii)— in subclause (I)(aa), by inserting or legal permanent resident after citizen ; and in subclause (II)(aa)— in subitems
(AA)and (BB), by inserting or legal permanent resident; after citizen each place that term appears; in subitem (CC), by inserting or legal permanent resident after citizen each place that term appears; and in subitem (CC)(bbb), by inserting or legal permanent resident after citizenship ; in clause (iv), by inserting or legal permanent resident after citizen each place that term appears; in clause (v)(I), by inserting or legal permanent resident after citizen ; and in clause (vi)— by inserting or legal permanent resident status after renunciation of citizenship ; and by inserting or legal permanent resident after abuser’s citizenship ; by striking subparagraph (B); 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 in subparagraph (J), by striking or clause
(ii)or
(iii)of subparagraph
(B); in subsection (a), by striking paragraph (2); in subsection (c)(1), by striking or preference status ; and in subsection (h), by striking or a petition filed under subsection (a)(1)(B)(ii) .
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Sec. 302
Reclassification of spouses and minor children of legal permanent residents as immediate relatives
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