Sec. 2305. Reclassification of spouses and minor children of lawful permanent residents as immediate relatives

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Section 201(b)(2) ( 8 U.S.C. 1151(b)(2) ) is amended to read as follows: Aliens who are immediate relatives. In this paragraph, the term immediate relative means— 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; a child or spouse of an alien lawfully admitted for permanent residence; the child or spouse of an alien described in clause (i), who is accompanying or following to join the alien; the child or spouse of an alien described in clause (ii), who is accompanying or following to join the alien; 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 an alien born to an alien lawfully admitted for permanent residence during a temporary visit abroad.

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.

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. . Section 203(a) ( 8 U.S.C. 1153(a) ) is amended— in paragraph (1), by striking 23,400, and inserting 20 percent of the worldwide level of family-sponsored immigrants under section 201(c) ; 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 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). ; in paragraph

(3)— by striking 23,400, and inserting 20 percent of the worldwide level of family-sponsored immigrants under section 201(c) ; and by striking classes specified in paragraphs

(1)and (2). and inserting class specified in paragraph (2). ; and in paragraph (4)— by striking 65,000, and inserting 40 percent of the worldwide level of family-sponsored immigrants under section 201(c) ; and by striking classes specified in paragraphs

(1)through (3). and inserting class specified in paragraph (3). . Section 203(g) ( 8 U.S.C. 1153(g) ) is amended to read as follows: 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. 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. 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. 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. 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. . 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)) . 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)) . Section 201(f) ( 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 (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), 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) ( 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). ; and by amending paragraph

(3)to read as follows: 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. 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. . Section 204 ( 8 U.S.C. 1154 ) is amended— in subsection (a)(1)— in subparagraph (A)— in clause (i), by inserting or alien lawfully admitted for permanent residence after citizen of the United States ; 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) ; in clause (iii)— in subclause (I)(aa), by striking United States citizen and inserting citizen of the United States or lawful permanent resident ; and in subclause (II)(aa)— in subitem (AA), by striking the semicolon at the end and inserting or lawful permanent resident; ; in subitem (BB)— by inserting or lawful permanent resident after a citizen of the United States ; and by striking States; and inserting States or lawful permanent resident; ; and by amending subitem

(CC)to read as follows: who was a bona fide spouse of a citizen of the United States or a lawful permanent resident within the past 2 years and— whose spouse died within the past 2 years; 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 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; ; in clause (iv), by inserting or lawful permanent resident after citizen each place that term appears; in clause (v)(I), by inserting or lawful permanent resident after citizen ; and in clause (vi)— by striking citizenship, and inserting citizenship or lawful permanent resident status, ; and by inserting or lawful 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) . 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)) . 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)). . 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)) . 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)) . Section 245(a) ( 8 U.S.C. 1255(a) ) is amended to read as follows: 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— the alien makes an application for such adjustment; the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence; and subject to paragraph (2), an immigrant visa is immediately available to the alien at the time the alien's application is filed. 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). 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. . The amendments made by this section shall take effect on the date of the enactment of this Act.

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