Sec. 403. Children of long-term visa holders
701 words·~3 min read·
/bill/118/s/4361/pcs/section-403·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 203(h) of the Immigration and Nationality Act ( 8 U.S.C. 1153(h) ) is amended by adding at the end the following: For purposes of subsection (d), the determination of whether an alien described in subparagraph
(B)satisfies the age and marital status requirements set forth in section 101(b)(1) shall be made using the alien’s age and marital status on the date on which an initial petition as a nonimmigrant described in section 101(a)(15)(H)(i)(b) was filed on behalf of the alien’s parent, if such petition was approved. An alien is described in this subparagraph if such alien— maintained, for an aggregate period of at least 8 years before reaching 21 years of age, the status of a dependent child of a nonimmigrant described in section 101(a)(15)(H)(i)(b) pursuant to a lawful admission; and sought to acquire the status of an alien lawfully admitted for permanent residence during the 2-year period beginning on the date on which an immigrant visa became available to such alien; or demonstrates, by clear and convincing evidence, that the alien's failure to seek such status during such 2-year period was due to extraordinary circumstances. . Section 214 of the Immigration and Nationality Act ( 8 U.S.C. 1184 ) is amended by adding at the end the following: In the case of an alien who maintained, for an aggregate period of at least 8 years before reaching 21 years of age, the status of a dependent child of a nonimmigrant described in section 101(a)(15)(H)(i)(b) pursuant to a lawful admission, such alien’s age shall be determined based on the date on which an initial petition for classification under such section was filed on behalf of the alien’s parent, if such petition is approved. Notwithstanding the alien's actual age or marital status, an alien who is determined to be a child under paragraph
(1)and is otherwise eligible may change status to, or extend status as, a dependent child of a nonimmigrant described in section 101(a)(15)(H)(i)(b) if the alien’s parent— maintains lawful status under such section; has an employment-based immigrant visa petition that has been approved pursuant to section 203(b); and has not yet had an opportunity to seek an immigrant visa or adjust status under section 245. An alien who is determined to be a child under paragraph
(1)is authorized to engage in employment in the United States incident to the status of his or her nonimmigrant parent. Notwithstanding the death of the qualifying relative, an alien who is determined to be a child under paragraph
(1)is authorized to extend status as a dependent child of a nonimmigrant described in section 101(a)(15)(H)(i)(b). . A motion to reopen or reconsider the denial of a petition under section 204 of the Immigration and Nationality Act ( 8 U.S.C. 1154 ) and a subsequent application for an immigrant visa or adjustment of status under section 245 of the Immigration and Nationality Act ( 8 U.S.C. 1255 ), may be granted if— such petition or application would have been approved if— section 203(h)(6) of the Immigration and Nationality Act, as added by subsection (a), had been in effect when the petition or application was adjudicated; and the person concerned remains eligible for the requested benefit; 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 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 the law, the Attorney General and the Secretary— may not initiate removal proceedings against or remove any alien who has a pending nonfrivolous motion under paragraph
(1)or is seeking to file such a motion unless— the alien is a danger to the community or a national security risk; or initiating a removal proceeding with respect to such alien is in the public interest; and shall provide aliens with a reasonable opportunity to file such a motion. An alien with a pending, nonfrivolous motion under this subsection shall be authorized to engage in employment through the date on which a final administrative decision regarding such motion has been made.
Connectionstraces to 4
Citation graph
cites case law
Cites 4Cited by 0 across 0 sources