Sec. 4. Family-Sponsored immigration priorities

1,365 words·~6 min read·/bill/115/hr/3775/ih/section-4

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The Immigration and Nationality Act ( 8 U.S.C. 1101 et seq.) is amended— in section 101(b)(1) ( 8 U.S.C. 1101(b)(1) ), in the matter preceding subparagraph (A), by striking under twenty-one years of age who and inserting who is younger than 18 years of age and ; and in section 201 ( 8 U.S.C. 1151 )— in subsection (b)(2)(A)— in clause (i), by striking children, spouses, and parents of a citizen of the United States, except that, in the case of parents, such citizens shall be at least 21 years of age. and inserting children and spouse of a citizen of the United States. ; and in clause (ii), by striking such an immediate relative and inserting the immediate relative spouse of a United States citizen ; by striking subsection

(c)and inserting the following: The worldwide level of family-sponsored immigrants under this subsection for a fiscal year is equal to 88,000 minus the number computed under paragraph (2). The number computed under this paragraph for a fiscal year is the number of aliens who were paroled into the United States under section 212(d)(5) in the second preceding fiscal year who— did not depart from the United States (without advance parole) within 365 days; and did not acquire the status of an alien lawfully admitted to the United States for permanent residence during the two preceding fiscal years; or acquired such status during such period under a provision of law (other than subsection (b)) that exempts adjustment to such status from the numerical limitation on the worldwide level of immigration under this section. ; and in subsection (f)— in paragraph (2), by striking section 203(a)(2)(A) and inserting section 203(a) ; by striking paragraph (3); by redesignating paragraph

(4)as paragraph (3); and in paragraph (3), as redesignated, by striking

(1)through

(3)and inserting

(1)and

(2). Section 203(a) of the Immigration and Nationality Act ( 8 U.S.C. 1153(a) ) is amended to read as follows: Family-sponsored immigrants described in this subsection are qualified immigrants who are the spouse or a child of an alien lawfully admitted for permanent residence. . Section 101(a)(15)(V) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(V) ) is amended by striking section 203(a)(2)(A) each place such term appears and inserting section 203(a) . Section 202 of such Act ( 8 U.S.C. 1152 ) is amended— in subsection (a)(4)— by striking subparagraphs

(A)and

(B)and inserting the following: Of the visa numbers made available under section 203(a) in any fiscal year, 75 percent shall be issued without regard to the numerical limitation under paragraph (2).

(e)Of the visa numbers made available under section 203(a) in any fiscal year, 25 percent shall be available, in the case of a foreign state or dependent area that is subject to subsection

(e)only to the extent that the total number of visas issued in accordance with subparagraph

(A)to natives of the foreign state or dependent area is less than the subsection

(e)ceiling.

(e)ceiling defined In clause (i), the term subsection

(e)ceiling means, for a foreign state or dependent area, 77 percent of the maximum number of visas that may be made available under section 203(a) to immigrants who are natives of the state or area, consistent with subsection (e). ; and by striking subparagraphs

(C)and (D); and in subsection (e)— in paragraph (1), by adding and at the end; by striking paragraph (2); by redesignating paragraph

(3)as paragraph (2); and in the undesignated matter after paragraph (2), as redesignated, by striking , respectively, and all that follows and inserting a period. Section 203(h) of such Act ( 8 U.S.C. 1153(h) ) is amended by striking (a)(2)(A) each place such term appears and inserting (a)(2) . Section 204 of such Act ( 8 U.S.C. 1154 ) is amended— in subsection (a)(1)— in subparagraph (A)(i), by striking to classification by reason of a relationship described in paragraph (1), (3), or

(4)of section 203(a) or ; in subparagraph (B)— in clause (i), by redesignating the second subclause

(I)as subclause (II); and by striking 203(a)(2)(A) each place such terms appear and inserting 203(a) ; and in subparagraph (D)(i)(I), by striking a petitioner and all that follows through section 204(a)(1)(B)(iii). and inserting an individual younger than 21 years of age for purposes of adjudicating such petition and for purposes of admission as an immediate relative under section 201(b)(2)(A)(i) or a family-sponsored immigrant under section 203(a), as appropriate, notwithstanding the actual age of the individual. ; in subsection (f)(1), by striking , 203(a)(1), or 203(a)(3), as appropriate ; and by striking subsection (k). Section 212 of such Act ( 8 U.S.C. 1182 ) is amended— in subsection (a)(6)(E)(ii), by striking section 203(a)(2) and inserting section 203(a) ; and in subsection (d)(11), by striking (other than paragraph

(4)thereof) . Section 214(q)(1)(B)(i) of such Act ( 8 U.S.C. 1184(q)(1)(B)(i) ) is amended by striking section 203(a)(2)(A) each place such term appears and inserting section 203(a) . Section 216(h)(1)(C) of such Act ( 8 U.S.C. 1186a(h)(1)(C) ) is amended by striking section 203(a)(2) and inserting section 203(a) . Section 237(a)(1)(E)(ii) of such Act ( 8 U.S.C. 1227(a)(1)(E)(ii) ) is amended by striking section 203(a)(2) and inserting section 203(a) . Section 101(a)(15) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15) ) is amended— in subparagraph (T)(ii)(III), by striking the period at the end and inserting a semicolon; in subparagraph (U)(iii), by striking or at the end; in subparagraph (V)(ii)(II), by striking the period at the end and inserting ; or ; and by adding at the end the following: Subject to section 214(s), an alien who is a parent of a citizen of the United States, if the citizen is at least 21 years of age. . Section 214 of such Act ( 8 U.S.C. 1184 ) is amended by adding at the end the following: The initial period of authorized admission for a nonimmigrant described in section 101(a)(15)(W) shall be 5 years, but may be extended by the Secretary of Homeland Security for additional 5-year periods if the United States citizen son or daughter of the nonimmigrant is still residing in the United States. A nonimmigrant described in section 101(a)(15)(W)— is not authorized to be employed in the United States; and is not eligible for any Federal, State, or local public benefit. Regardless of the resources of a nonimmigrant described in section 101(a)(15)(W), the United States citizen son or daughter who sponsored the nonimmigrant parent shall be responsible for the nonimmigrant’s support while the nonimmigrant resides in the United States. An alien is ineligible to receive a visa or to be admitted into the United States as a nonimmigrant described in section 101(a)(15)(W) unless the alien provides satisfactory proof that the United States citizen son or daughter has arranged for health insurance coverage for the alien, at no cost to the alien, during the anticipated period of the alien’s residence in the United States. . The amendments made by this section shall take effect on the first day of the first fiscal year beginning on or after the date of the enactment of this Act. Excepted as provided in paragraph (3), any petition under section 204 of the Immigration and Nationality Act ( 8 U.S.C. 1154 ) seeking classification of an alien under a family-sponsored immigrant category that was eliminated by the amendments made by this section and filed on or after the date of enactment of this Act and any application for an immigrant visa based on such a petition shall be considered invalid. Notwithstanding the termination by this Act of the family-sponsored and employment-based immigrant visa categories, any alien whose petition or application for a visa subsection

(a)or

(b)of section 203 of the Immigration and Nationality Act, as in effect on the day before the date of the enactment of this Act, was approved and who is scheduled to receive an immigrant visa in the applicable preference category not later than 1 year after the date of the enactment of this Act, shall be entitled to such visa if the alien enters the United States within 1 year after such date of enactment.

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