Sec. 102. Reclassification of spouses, permanent partners, 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, permanent partner, or parent of a citizen of the United States or a child, spouse, or permanent partner of a lawful permanent resident (and for each family member of a citizen or lawful permanent resident under this subparagraph, such individual’s spouse, permanent partner, 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 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. An alien who was the spouse or permanent partner of a citizen of the United States or lawful permanent resident for not less than 2 years at the time of the citizen’s or resident’s death or, if married for less than 2 years at the time of the citizen’s or resident’s death, proves by a preponderance of the evidence that the marriage or permanent partnership was entered into in good faith and not solely for the purpose of obtaining an immigration benefit and was not legally separated from the citizen or resident (or, in the case of a permanent partnership, whose permanent partnership was not terminated) at the time of the citizen’s or resident’s death, and each child of such alien, shall be considered, for purposes of this subsection, an immediate relative after the date of the citizen’s or resident’s death if the spouse or permanent partner files a petition under section 204(a)(1)(A)(ii) before the date on which the spouse or permanent partner remarries or enters a permanent partnership with another person.
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, permanent partner, 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 127,200 ; by striking paragraph
(2)and inserting the following: Qualified immigrants who are the unmarried sons without permanent partners or unmarried daughters without permanent partners (but are not the children) of an alien lawfully admitted for permanent residence shall be allocated visas in a number not to exceed 80,640, plus any visas not required for the class specified in paragraph (1). ; in paragraph (3), by striking 23,400 and inserting 80,640 ; and in paragraph (4), by striking 65,000 and inserting 191,520 . 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 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). ; 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. 102
Reclassification of spouses, permanent partners, and minor children of legal permanent residents as immediate relatives
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