Sec. 3102. Reclassification of spouses and minor children of lawful 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 Act, the term immediate relative includes— a child, spouse, and parent of a citizen of the United States, except that, in the case of parents, such citizen of the United States shall be at least 21 years of age; a child or spouse of a lawful permanent resident; and for each family member of a citizen of the United States or lawful permanent resident described in subclauses
(I)and (II), the family member’s spouse or child who is accompanying or following to join the family member. A noncitizen admitted under section 211(a) on the basis of a prior issuance of a visa under section 203(a) to his or her immediate relative accompanying parent is an immediate relative. A noncitizen who was the child or parent of a citizen of the United States or a child of a lawful permanent resident on the date of the death of the United States citizen or lawful permanent resident is an immediate relative if the noncitizen files a petition under section 204(a)(1)(A)(ii) not later than 2 years after such date or before attaining 21 years of age. A noncitizen who was the spouse of a citizen of the United States or lawful permanent resident for not less than 2 years on the date of death of the United States citizen or lawful permanent resident (or, if married for less than 2 years on such date, proves by a preponderance of the evidence that the marriage was entered into in good faith and not solely for the purpose of obtaining an immigration benefit and the noncitizen was not legally separated from the citizen of the United States or lawful permanent resident on such date) and each child of such noncitizen shall be considered, for purposes of this subsection, an immediate relative after such date if the spouse files a petition under section 204(a)(1)(A)(ii) before the date on which the spouse remarries. For purposes of this subparagraph, a noncitizen 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 lawful permanent residence on account of the abuse. A noncitizen born to a lawful permanent resident during a temporary visit abroad is an immediate relative. . 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 26.5 percent of such worldwide level ; by striking paragraph
(2)and inserting the following: Qualified immigrants who are the unmarried sons or unmarried daughters (but are not the children) of lawful permanent residents shall be allocated visas in a number not to exceed 16.8 percent of such worldwide level, plus any visas not required for the class specified in paragraph (1). ; in paragraph (3), by striking 23,400 and inserting 16.8 percent of such worldwide level ; and in paragraph (4), by striking 65,000 and inserting 39.9 percent of such worldwide level . 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 noncitizen (or, in the case of subsection (d), the date on which an immigrant visa number became available for the noncitizen’s parent), and inserting became available for the noncitizen’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 a noncitizen’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 of the United States ; in clause (ii), by striking described in the second sentence of section 201(b)(2)(A)(i) also and inserting , noncitizen child, or noncitizen parent described in section 201(b)(2)(A) ; in clause (iii)— in subclause (I)(aa), by inserting or lawful permanent resident after citizen ; and in subclause (II)(aa)— in subitems
(AA)and (BB), by inserting or lawful permanent resident; after citizen of the United States each place it appears; and in subitem (CC), by inserting or lawful permanent resident after United States citizen each place it appears and by inserting or lawful permanent resident after citizenship ; in clause (iv)— by striking citizen of the United States and inserting United States citizen or lawful permanent resident parent ; by inserting or lawful permanent resident after United States citizen ; by inserting or lawful permanent resident after citizenship ; by striking citizen parent may and inserting United States citizen or lawful permanent resident parent may ; by striking citizen parent. and inserting United States citizen or lawful permanent resident parent. ; and by striking residence includes and inserting residence with a parent includes ; in clause (v)(I), by inserting or lawful permanent resident after citizen ; in clause (vi)— by inserting or lawful permanent resident status after renunciation of citizenship ; and by inserting or lawful permanent resident after abuser’s citizenship ; and in clause (viii)(I)— by striking citizen of the United States and inserting United States citizen or lawful permanent resident ; and by inserting or lawful permanent resident after the citizen ; 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); in subparagraph (D)— in clause (i)(I), by striking clause
(iv)of section 204(a)(1)(A) or section 204(a)(1)(B)(iii) each place it appears and inserting subparagraph (A)(iv) ; in clause (ii), by striking subparagraph (A)(iii), (A)(iv), (B)(ii) or (B)(iii) and inserting clause
(iii)or
(iv)of subparagraph
(A); in clause (iv), by striking subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) and inserting clause
(iii)or
(iv)of subparagraph
(A); and in clause (v), by striking or (B)(iii) ; in subparagraph (J)— by striking or clause
(ii)or
(iii)of subparagraph
(B); and by striking subparagraphs
(C)and
(D)and inserting subparagraphs
(B)and
(C); and by redesignating subparagraphs
(C)through
(L)as subparagraphs
(B)through (K), respectively; in subsection (a), by striking paragraph (2); in subsection (h)— in the first sentence, by striking or a petition filed under subsection (a)(1)(B)(ii) pursuant to conditions described in subsection (a)(1)(A)(iii)(1) ; and in the second sentence— by striking section 204(a)(1)(B)(ii) or 204(a)(1)(A)(iii) and inserting subsection (a)(1)(A)(iii) ; and by striking section 204(a)(1)(A) or in section 204(a)(1)(B)(iii) and inserting subsection (a)(1)(A) ; in subsection (i)(1), by striking subsection (a)(4)(D) and inserting subsection (a)(1)(D) ; in subsection (j), by striking subsection (a)(1)(D) and inserting subsection (a)(1)(E) ; and in subsection l(1)— by striking who resided in the United States at the time of the death of the qualifying relative and who continues to reside in the United States ; and by striking any related applications, and inserting any related applications (including affidavits of support), . Section 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a) ) is amended— in paragraph (50), by striking , 204(a)(1)(B)(ii)(II)(aa)(BB), ; and in paragraph (51)— by striking subparagraph (B); and by redesignating subparagraphs
(C)through
(G)as subparagraphs
(B)through (F), respectively. Section 212(a)(4)(C)(i) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(4)(C)(i) ) is amended— by striking subclause (II); and by redesignating subclause
(III)as subclause (II). Section 240(c)(7)(C)(iv)(I) of the Immigration and Nationality Act ( 8 U.S.C. 1229a(c)(7)(C)(iv)(I) ) is amended by striking , clause
(ii)or
(iii)of section 204(a)(1)(B), .
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Sec. 3102
Reclassification of spouses and minor children of lawful permanent residents as immediate relatives
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