Sec. 1201. Keeping families together
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/bill/117/hr/9685/ih/section-1201·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 101(b)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1101(b)(1) ) is amended— in subparagraph (E)(ii), by striking ; or and inserting a semicolon; in subparagraph (F)(ii), by striking the period at the end and inserting a semicolon; in subparagraph (G)(iii)(III), by striking the period at the end and inserting ; or ; and by adding at the end the following: a child under the age of 18 at the time an application is filed to accord a principal alien refugee status— who is an orphan because of the death or disappearance of, abandonment or desertion by, or separation or loss from, both parents; or for whom the sole or surviving parent is incapable of providing the proper care and has, in writing, irrevocably released the child for emigration and adoption; who has been living in a country of asylum under the care of such principal alien; and for whom the Secretary of Homeland Security is satisfied that proper care will be furnished if the child is admitted to the United States. .
Section 207(c)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1157(c)(2) ) is amended to read as follows: Irrespective of the date on which such refugee was admitted to the United States, the spouse or a child (as defined in section 101(b)(1)) of any refugee, or the parent or de facto guardian (as determined by the Secretary of Homeland Security) of such a child who qualifies for admission under paragraph (1), if not otherwise entitled to admission under such paragraph and not described in section 101(a)(42)(B), shall be entitled to the same admission status as such refugee if— accompanying, or following to join, such refugee; and admissible (except as otherwise provided under paragraph (3)) as an immigrant under this chapter.
The admission to the United States of a spouse, child, parent, or guardian described in clause
(i)shall not be charged against the numerical limitation established in accordance with the appropriate subsection under which the refugee’s admission is charged. A mother or father who seeks to accompany, or follow to join, an alien granted admission as a refugee under this subsection shall continue to be classified as a mother or father for purposes of this paragraph if the alien attained 21 years of age while such application was pending. The parent or de facto guardian (as determined by the Secretary of Homeland Security) of a refugee child admitted under this section and was admitted under the Unaccompanied Refugee Minors program (as described in subparagraph (D), (E), or
(H)of section 101(b)(1)) shall be treated in accordance with subparagraph
(A)if such parent or guardian seeks to follow to join such refugee child and the minor consents to being joined by such individual. Not later than 1 year after the date on which an application for refugee status is filed under this paragraph— required screenings and background checks shall be completed; and the application shall be adjudicated. The adjudication of an application may exceed the timeframe under clause
(i)only in exceptional circumstances in which additional time to process an application is necessary to satisfy national security concerns, if the Secretary of Homeland Security has— made a determination that the applicant meets the requirements for refugee status under this section; and notified the applicant of such determination. . Section 208(b)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1158(b)(3) ), as amended by section 1105(d), is further amended— in subparagraph (A), by striking or following to join, such alien and inserting, or following to join, such alien, irrespective of the date on which such alien was granted asylum ; and by adding at the end the following: A child (as defined in subparagraph (A), (B), (C), (D), or
(E)of section 101(b)(1)) born to the asylee spouse who qualifies for admission under paragraph
(A)shall, if not otherwise eligible for asylum under this section, be granted the same status as such asylee spouse if accompanying, or following to join, such asylee spouse. Not later than 1 year after the date on which an application for refugee status is filed under this paragraph— required screenings and background checks shall be completed; and the application shall be adjudicated. The adjudication of an application may exceed the timeframe under clause
(i)only in exceptional circumstances in which additional time to process an application is necessary to satisfy national security concerns, if the Secretary of Homeland Security has— made a determination that the applicant meets the requirements for refugee status under this section; and notified the applicant of such determination. An application for asylum under this paragraph shall not be denied, in whole or in part, on the basis that processing could not be completed within the timeframe under clause (i). .
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