Sec. 4. Preserving nuclear family immigration

1,419 words·~6 min read·/bill/119/hr/8586/ih/section-4

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Section 201 of the Immigration and Nationality Act ( 8 U.S.C. 1151 ), as amended by section 3(b)(1), is further amended— in subsection (b)(2)(A)(i), by striking children, spouses, and parents of a citizen of the United States, except that, in the case of parents, such citizens shall be at least 21 years of age. and inserting children and spouse of a citizen of the United States. ; by amending subsection

(c)to read as follows: The worldwide level of nuclear family-sponsored immigrants under this subsection for a fiscal year is equal to— 87,934; minus the number computed under paragraph (2). The number computed under this paragraph for a fiscal year is the number of aliens who were paroled into the United States pursuant to section 212(d)(5) in the second preceding fiscal year who— did not depart the United States (without advance parole) during the 1-year period beginning on the date on which such parole was granted; and did not acquire the status of an alien lawfully admitted for permanent residence during the 2 preceding fiscal years; or acquired such status during such period under a provision of law (other than subsection (b)) that exempts adjustment to such status from the numerical limitation on the worldwide level of immigration under this section. ; and in subsection (f)— in paragraph (2), by striking section 203(a)(2)(A) and inserting section 203(a) ; striking paragraph (3); redesignating paragraph

(4)as paragraph (3); and in paragraph (3), as redesignated, striking

(1)through

(3)and inserting

(1)and

(2). Section 203(a) of the Immigration and Nationality Act ( 8 U.S.C. 1153(a) ) is amended to read as follows: A family-sponsored immigrant described in this subsection is a qualified immigrant who is the spouse or child of an alien lawfully admitted for permanent residence. Such immigrants shall be allocated visas in accordance with the number computed under section 201(c). . Section 203(h) of the Immigration and Nationality Act ( 8 U.S.C. 1153(h) ) is amended— by striking paragraph

(1)and inserting the following: Subject to paragraph (2), for purposes of subsections

(a)and (d), a determination of whether an alien satisfies the age requirement in the matter preceding subparagraph

(A)of section 101(b)(1) shall be made using the age of the alien on the date on which a petition is filed with the Secretary of Homeland Security. ; by redesignating paragraphs (2), (3), and

(4)as paragraphs (3), (4), and (5), respectively; by inserting after paragraph

(1)the following: Notwithstanding the age of an alien on the date on which a petition is filed, an alien who marries or attains 25 years of age before the date on which a visa is issued to such alien pursuant to subsection (a), (b), or

(c)does not satisfy the age requirement under paragraph (1). ; in paragraphs

(3)and (4), as redesignated, by striking (a)(2)(A) each place such term appears and inserting

(a); and in paragraph (5), as redesignated, by striking

(3)and inserting

(4). The Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ) is amended— in section 101(a)(15)(V) ( 8 U.S.C. 1101(a)(15)(V) ), by striking section 203(a)(2)(A) each place such term appears and inserting section 203(a) ; in section 202 ( 8 U.S.C. 1152 )— in subsection (a), by amending paragraph

(4)to read as follows: Of the visas made available under section 203(a) in any fiscal year, 75 percent shall be issued without regard to the numerical limitation under paragraph (2). ; and in subsection (e)— in paragraph (1), by striking the semicolon and inserting a period; by striking paragraphs

(2)and (3); in the matter preceding paragraph (1)— by striking in a manner so that— and all that follows through the ratio in paragraph

(1)and inserting in a manner so that the ratio ; and by striking If it is determined and inserting the following: If it is determined ; and in the undesignated matter at the end— by striking , or as limiting the number of visas that may be issued under section 203(a)(2)(A) pursuant to subsection (a)(4)(A) ; and by striking Nothing in this subsection shall and inserting the following: Nothing in paragraph

(1)may ; in section 204 ( 8 U.S.C. 1154 )— in subsection (a)(1)— in subparagraph (A)— in clause (i), by striking to classification by reason of a relationship described in paragraph (1), (3), or

(4)of section 203(a) or ; and by moving clause

(viii)6 ems to the left; in subparagraph (B)— in clause (i)— in the first subclause (I), by striking 203(a)(2) and inserting 203(a) ; and by redesignating the second subclause

(I)as subclause

(II)and moving such subclause 6 ems to the left; and by striking 203(a)(2)(A) each place such term appears and inserting 203(a) ; and in subparagraph (D)(i)(I), by striking a petitioner and all that follows through section 204(a)(1)(B)(iii). and inserting an individual who is younger than 21 years of age for purposes of adjudicating such petition and for purposes of admission as an immediate relative under section 201(b)(2)(A)(i) or a family-sponsored immigrant under section 203(a), as applicable, notwithstanding the actual age of such individual. ; in subsection (f)(1), by striking , 203(a)(1), or 203(a)(3), as appropriate ; by striking subsection (k); and by redesignating subsection

(l)as subsection (k); in section 212 ( 8 U.S.C. 1182 )— in subsection (a)(6)(E)(ii), by striking section 203(a)(2) and inserting section 203(a) ; and in subsection (d)(11), by striking (other than paragraph

(4)thereof) ; in section 213A(f)(5)(B)(ii) ( 8 U.S.C. 1183a(f)(5)(B)(ii) ), by striking section 204(l) and inserting 204(k) ; in section 214(q)(1)(B)(i) ( 8 U.S.C. 1184(q)(1)(B)(i) ), by striking section 203(a)(2)(A) each place such term appears and inserting section 203(a) ; in section 216(h)(1)(C) ( 8 U.S.C. 1186a(h)(1)(C) ), by striking section 203(a)(2) and inserting section 203(a) ; and in section 237(a)(1)(E)(ii) ( 8 U.S.C. 1227(a)(1)(E)(ii) ), by striking section 203(a)(2) and inserting section 203(a) . Subject to paragraph (3), the amendments made by this section shall take effect on the date of the enactment of this Act. A person may not file, and the Secretary of Homeland Security and the Secretary of State may not accept, adjudicate, or approve, a petition under section 204 of the Immigration and Nationality Act ( 8 U.S.C. 1154 ) that is filed on or after the date of the enactment of this Act and seeks the classification of an alien— as a parent of a citizen of the United States under section 201(b)(2)(A)(i) of the Immigration and Nationality Act ( 8 U.S.C. 1151(b)(2)(A)(i) ) (as in effect on the day before such date of enactment); or as a family-sponsored immigrant under paragraph (1), (2)(B), (3), or

(4)of section 203(a) of such Act ( 8 U.S.C. 1153(a) ) (as in effect on the day before such date of enactment). Any application for adjustment of status or for an immigrant visa based on a petition described in subparagraph

(A)shall be rejected, denied, or made invalid. Neither the Secretary of Homeland Security nor the Secretary of State may adjudicate or approve any petition under section 204 of the Immigration and Nationality Act ( 8 U.S.C. 1154 ), pending on the date of the enactment of this Act, seeking the classification of an alien under section 201(b)(2)(A)(i) of such Act ( 8 U.S.C. 1151(b)(2)(A)(i) ) (as in effect on the day before the date of the enactment of this Act) or under paragraph (1), (2)(B), (3), or

(4)of section 203(a) of such Act ( 8 U.S.C. 1153(a) ) (as in effect on the day before the date of the enactment of this Act). Any application for adjustment of status or for an immigrant visa based on a petition described in subparagraph

(A)shall be rejected, denied, or made invalid. Notwithstanding the amendments made by this section, any alien who is a beneficiary of a petition under paragraph (1), (2)(B), (3), or

(4)of section 203(a) of the Immigration and Nationality Act ( 8 U.S.C. 1153(a) ) (as in effect on the day before the date of the enactment of this Act) that was approved before such date of enactment may be issued a visa in accordance with subparagraph (B). Notwithstanding the amendments made by this section, visas may be issued to any alien who is the beneficiary of an approved petition under each paragraph referred to in subparagraph

(A)until the number of visas that would have been allocated to aliens in the applicable paragraph for fiscal year 2028 have been issued.

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