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Code · BILL · 117th Congress · H.R. 7900 (Placed on Calendar Senate) — To authorize appropriations for fiscal year 2023 for military activities of the Department of Defense and for militar... · Sec. 5881

Sec. 5881. Immigration age-out protections

977 words·~4 min read·/bill/117/hr/7900/pcs/section-5881

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Section 101(b) of the Immigration and Nationality Act ( 8 U.S.C. 1101(b) ) is amended by adding at the end the following: A determination of whether an alien is a child shall be made as follows: For purposes of a petition under section 204 and a subsequent application for an immigrant visa or adjustment of status, such determination shall be made using the age of the alien on the date that is the priority date for the principal beneficiary and all derivative beneficiaries under section 203(h).
For purposes of a petition under section 214(d) and a subsequent application for adjustment of status under section 245(d), such determination shall be made using the age of the alien on the date on which the petition is filed with the Secretary of Homeland Security. In the case of a petition under section 204 filed for an alien’s classification as a married son or daughter of a United States citizen under section 203(a)(3), if the petition is later converted, due to the legal termination of the alien’s marriage, to a petition to classify the alien as an immediate relative under section 201(b)(2)(A)(i) or as an unmarried son or daughter of a United States citizen under section 203(a)(1), the determination of the alien’s age shall be made using the age of the alien on the date of the termination of the marriage.
For an alien who was in status as a dependent child of a nonimmigrant pursuant to an approved employment-based petition under section 214 or an approved application under section 101(a)(15)(E) for an aggregate period of eight years prior to the age of 21, notwithstanding subparagraphs
(A)through (C), the alien’s age shall be based on the date that such initial nonimmigrant employment-based petition or application was filed. For an alien who has not sought to acquire status of an alien lawfully admitted for permanent residence within two years of an immigrant visa number becoming available to such alien, the alien’s age shall be their biological age unless the failure to seek to acquire status was due to extraordinary circumstances. An alien who has reached 21 years of age and has been admitted under section 203(d) as a lawful permanent resident on a conditional basis as the child of an alien lawfully admitted for permanent residence under section 203(b)(5), whose lawful permanent resident status on a conditional basis is terminated under section 216A or section 203(b)(5)(M), shall continue to be considered a child of the principal alien for the purpose of a subsequent immigrant petition by such alien under section 203(b)(5) if the alien remains unmarried and the subsequent petition is filed by the principal alien not later than 1 year after the termination of conditional lawful permanent resident status. No alien shall be considered a child under this paragraph with respect to more than 1 petition filed after the alien reaches 21 years of age. . Section 201 of the Immigration and Nationality Act ( 8 U.S.C. 1151 ) is amended by striking subsection (f). The amendments made by this section shall be effective as if included in the Child Status Protection Act ( Public Law 107–208 ). A motion to reopen or reconsider the denial of a petition or application described in paragraph
(6)of section 101(b), as amended in paragraph (1), may be granted if— such petition or application would have been approved if the amendments described in such paragraph had been in effect at the time of adjudication of the petition or application; the individual seeking relief pursuant to such motion was in the United States at the time the underlying petition or application was filed; and such motion is filed with the Secretary of Homeland Security or the Attorney General not later than the date that is 2 years after the date of the enactment of this Act. Notwithstanding any other provision of law, an individual granted relief pursuant to such motion to reopen or reconsider shall be exempt from numerical limitations in sections 201, 202, and 203 of the Immigration and Nationality Act ( 8 U.S.C. 1151 , 1152, and 1153). Section 214 of the Immigration and Nationality Act ( 8 U.S.C. 1184 ) is amended by adding at the end the following: Except as described in paragraph (2), the determination of whether an alien who is the derivative beneficiary of a properly filed pending or approved immigrant petition under section 204 is eligible to be a dependent child of a nonimmigrant admitted pursuant to an approved employer petition under this section or approved application under section 101(a)(15)(E), shall be based on whether the alien is determined to be a child under section 101(b)(6) of the Immigration and Nationality Act. If otherwise eligible, an alien who is determined to be a child pursuant to section 101(b)(6)(D) may change status to or extend status as a dependent child of a nonimmigrant with an approved employment based petition under this section or an approved application under section 101(a)(15)(E), notwithstanding such alien’s marital status. An alien who is admitted to the United States as a dependent child of a nonimmigrant who is described in this section is authorized to engage in employment in the United States incident to status. . Section 203(h) of the Immigration and Nationality Act ( 8 U.S.C. 1153(h) ) is amended to read as follows: The priority date for an alien shall be the date that is the earliest of— the date that a petition under section 204 is filed with the Secretary of Homeland Security (or the Secretary of State, if applicable); or the date on which a labor certification is filed with the Secretary of Labor. The principal beneficiary and all derivative beneficiaries shall retain the priority date associated with the earliest of any approved petition or labor certification and such priority date shall be applicable to any subsequently approved petition. .
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  • Pub. L. 107-208
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cites case law
Sec. 5881
Immigration age-out protections
U.S.C.§ 1101
U.S.C.§ 1151
U.S.C.§ 1184
U.S.C.§ 1153
Pub. L.Pub. L. 107-208
Cites 5Cited by 0 across 0 sources
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