H.R. 1209 (107th): Child Status Protection Act

107th Congress, 2001–2002. Text as of Jun 07, 2001 (Referred to Senate Committee).

Status & Summary | PDF | Source: GPO

HR 1209 RFS

107th CONGRESS

1st Session

H. R. 1209

IN THE SENATE OF THE UNITED STATES

June 7, 2001

Received; read twice and referred to the Committee on the Judiciary


AN ACT

To amend the Immigration and Nationality Act to determine whether an alien is a child, for purposes of classification as an immediate relative, based on the age of the alien on the date the classification petition with respect to the alien is filed, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ‘Child Status Protection Act of 2001’.

SEC. 2. USE OF AGE ON PETITION FILING DATE, PARENT’S NATURALIZATION DATE, OR MARRIAGE TERMINATION DATE, IN DETERMINING STATUS AS A CHILD OF A CITIZEN.

    (a) IN GENERAL- Section 201 of the Immigration and Nationality Act (8 U.S.C. 1151) is amended by adding at the end the following:

    ‘(f) RULES FOR DETERMINING WHETHER CERTAIN ALIENS ARE IMMEDIATE RELATIVES-

      ‘(1) AGE ON PETITION FILING DATE- Except as provided in paragraphs (2) and (3), for purposes of subsection (b)(2)(A)(i), 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 the petition is filed with the Attorney General under section 204 to classify the alien as an immediate relative under subsection (b)(2)(A)(i).

      ‘(2) AGE ON PARENT’S NATURALIZATION DATE- In the case of a petition under section 204 initially filed for an alien child’s classification as a family-sponsored immigrant under section 203(a)(2)(A), based on the child’s parent being lawfully admitted for permanent residence, if the petition is later converted, due to the naturalization of the parent, to a petition to classify the alien as an immediate relative under subsection (b)(2)(A)(i), the determination described in paragraph (1) shall be made using the age of the alien on the date of the parent’s naturalization.

      ‘(3) AGE ON MARRIAGE TERMINATION DATE- In the case of a petition under section 204 initially filed for an alien’s classification as a family-sponsored immigrant under section 203(a)(3), based on the alien’s being a married son or daughter of a citizen, 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 subsection (b)(2)(A)(i), the determination described in paragraph (1) shall be made using the age of the alien on the date of the termination of the marriage.’.

    (b) EFFECTIVE DATE- The amendment made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply to all petitions and applications pending before the Department of Justice or the Department of State on or after such date.

Passed the House of Representatives June 6, 2001.

Attest:

JEFF TRANDAHL,

Clerk.