Sec. 3107. Fiancée or fiancé child status protection
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Section 101(a)(15)(K) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(K) ) is amended— in clause (ii), by striking section 201(b)(2)(A)(i) and inserting section 201(b)(2)(A)(i)(I) ; and by amending clause
(iii)to read as follows: is the minor child of a noncitizen described in clause
(i)or
(ii)and is accompanying or following to join the noncitizen, the age of such child to be determined as of the date on which the petition is submitted to the Secretary of Homeland Security to classify the noncitizen’s parent as the fiancée or fiancé of a United States citizen (in the case of a noncitizen parent described in clause (i)) or as the spouse of a United States citizen under section 201(b)(2)(A)(i)(I) (in the case of a noncitizen parent described in clause (ii)); . Section 214(d) of the Immigration and Nationality Act ( 8 U.S.C. 1184(d) ) is amended— by redesignating paragraphs
(2)and
(3)as paragraphs
(3)and (4), respectively; in paragraph (1)— in the third sentence— by striking paragraph (3)(B) and inserting paragraph (4)(B) ; and by striking paragraph (3)(B)(i) and inserting paragraph (4)(B)(i) ; and by striking the last sentence; and by inserting after paragraph
(1)the following: If a noncitizen does not marry the petitioner under paragraph
(1)within 90 days after the noncitizen and the noncitizen’s minor children are admitted into the United States, such noncitizen and children shall be required to depart from the United States. If such noncitizens fail to depart from the United States, they shall be removed in accordance with sections 240 and 241. Subject to subparagraphs
(C)and (D), if a noncitizen marries the petitioner described in section 101(a)(15)(K)(i) within 90 days after the noncitizen and the noncitizen’s minor children are admitted into the United States, the Secretary of Homeland Security or the Attorney General, subject to the provisions of section 245(d), may adjust the status of the noncitizen, and any minor children accompanying or following to join the noncitizen, to that of a lawful permanent resident on a conditional basis under section 216 if the noncitizen and any such minor children apply for such adjustment and are not determined to be inadmissible to the United States. Paragraphs
(5)and (7)(A) of section 212(a) shall not apply to a noncitizen who is eligible to apply for adjustment of status to that of a lawful permanent resident under this section. A noncitizen eligible for a waiver of inadmissibility as otherwise authorized under this Act shall be permitted to apply for adjustment of status to that of a lawful permanent resident under this section. . Section 245(d) of the Immigration and Nationality Act ( 8 U.S.C. 1255(d) ) is amended— by inserting
(1)before The Attorney General ; and by adding at the end the following: A determination of the age of a noncitizen admitted to the United States under section 101(a)(15)(K)(iii) shall be made, for purposes of adjustment of status to lawful permanent resident on a conditional basis under section 216, using the age of the noncitizen on the date on which the petition is submitted to the Secretary of Homeland Security to classify the noncitizen’s parent as the fiancée or fiancé of a United States citizen (in the case of a noncitizen parent admitted to the United States under section 101(a)(15)(K)(i)) or as the spouse of a United States citizen under section 201(b)(2)(A)(i)(I) (in the case of a noncitizen parent admitted to the United States under section 101(a)(15)(K)(ii)). . The amendments made by this section shall be effective as if included in the Immigration Marriage Fraud Amendments of 1986 ( Public Law 99–639 ; 100 Stat. 3537). The amendments made by this section shall apply to all petitions or applications described in such amendments that— are pending as of the date of the enactment of this Act; or have been denied, but would have been approved if such amendments had been in effect at the time of adjudication of the petition or application. A motion to reopen or reconsider a petition or an application described in paragraph (2)(B) shall be granted if such motion is submitted to the Secretary or the Attorney General not later than 2 years after the date of the enactment of this Act.
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- Pub. L. 99-639
- 100 Stat. 3537
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Sec. 3107
Fiancée or fiancé child status protection
Pub. L.Pub. L. 99-639
Stat.100 Stat. 3537
Cites 5Cited by 0 across 0 sources