[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6938 Introduced in House (IH)]
110th CONGRESS
2d Session
H. R. 6938
To amend the Immigration and Nationality Act to promote family unity,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 18, 2008
Mr. Honda (for himself, Mr. Grijalva, Mr. Abercrombie, and Mrs.
Napolitano) introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Immigration and Nationality Act to promote family unity,
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 ``Reuniting Families Act''.
SEC. 2. RECAPTURE OF IMMIGRANT VISAS LOST TO BUREAUCRATIC DELAY.
(a) Worldwide Level of Employment-Based Immigrants.--Subsection (d)
of section 201 of the Immigration and Nationality Act (8 U.S.C. 1151)
is amended to read as follows:
``(d) Worldwide Level of Employment-Based Immigrants.--
``(1) In general.--The worldwide level of employment-based
immigrants under this subsection for a fiscal year is equal to
the sum of--
``(A) 140,000; plus
``(B) the number computed under paragraph (2); plus
``(C) the number computed under paragraph (3).
``(2) Unused visa numbers from previous fiscal year.--The
number computed under this paragraph for a fiscal year is the
difference, if any, between--
``(A) the worldwide level of employment-based
immigrant visas established for the previous fiscal
year; and
``(B) the number of visas actually issued under
section 203(b), subject to this subsection, during the
previous fiscal year.
``(3) Unused visa numbers from fiscal years 1992 through
2007.--The number computed under this paragraph is the
difference, if any, between--
``(A) the difference, if any, between--
``(i) the sum of the worldwide levels of
employment-based immigrant visas established
for each of fiscal years 1992 through 2007; and
``(ii) the number of visas actually issued
under section 203(b), subject to this
subsection, during such fiscal years; and
``(B) the number of unused visas from fiscal years
1992 through 2007 that were issued after fiscal year
2007 under section 203(b), subject to this
subsection.''.
(b) Worldwide Level of Family-Sponsored Immigrants.--Subsection (c)
of section 201 of the Immigration and Nationality Act (8 U.S.C. 1151)
is amended to read as follows:
``(c) Worldwide Level of Family-Sponsored Immigrants.--
``(1) In general.--Subject to subparagraph (B), the
worldwide level of family-sponsored immigrants under this
subsection for a fiscal year is equal to--
``(A) 480,000; plus
``(B) the sum of--
``(i) the number computed under paragraph
(2); plus
``(ii) the number computed under paragraph
(3).
``(2) Unused visa numbers from previous fiscal year.--The
number computed under this paragraph for a fiscal year is the
difference, if any, between--
``(A) the worldwide level of family-sponsored
immigrant visas established for the previous fiscal
year; and
``(B) the number of visas actually issued under
section 203(a), subject to this subsection, during the
previous fiscal year.
``(3) Unused visa numbers from fiscal years 1992 through
2007.--The number computed under this paragraph is the
difference, if any, between--
``(A) the difference, if any, between--
``(i) the sum of the worldwide levels of
family-sponsored immigrant visas established
for fiscal years 1992 through 2007; and
``(ii) the number of visas actually issued
under section 203(a), subject to this
subsection, during such fiscal years; and
``(B) the number of unused visas from fiscal years
1992 through 2007 that were issued after fiscal year
2007 under section 203(a), subject to this
subsection.''.
(c) Effective Date.--The amendments made by this section shall take
effect 60 days after the date of the enactment of this Act.
SEC. 3. RECLASSIFICATION OF SPOUSES AND MINOR CHILDREN OF LEGAL
PERMANENT RESIDENTS AS IMMEDIATE RELATIVES.
(a) In General.--Paragraph (2) of section 201(b) of the Immigration
and Nationality Act (8 U.S.C. 1151(b)) is amended to read as follows:
``(2) Immediate relative.--
``(A) In general.--
``(i) Immediate relative defined.--In this
subparagraph, the term `immediate relative'
means a child, spouse, or parent of a citizen
of the United States or a child or spouse of a
lawful permanent resident (and for each family
member of a citizen or lawful permanent
resident specified under this subparagraph,
such individual's spouse or child who is
accompanying or following to join the
individual), except that, in the case of
parents, such citizens shall be at least 21
years of age.
``(ii) Previously issued visa.--Aliens
admitted under section 211(a) on the basis of a
prior issuance of a visa under section 203(a)
to their accompanying parent who is an
immediate relative.
``(iii) Spouse.--An alien who was the
spouse of a citizen of the United States or
lawful permanent resident for not less than 2
years at the time of the citizen's or
resident's death or, if married for less than 2
years at the time of the citizen's or
resident's death, proves by a preponderance of
the evidence that the marriage was entered into
in good faith and not solely for the purpose of
obtaining an immigration benefit and was not
legally separated from the citizen or resident
at the time of the citizen's or resident's
death, and each child of such alien, shall be
considered, for purposes of this subsection, an
immediate relative after the date of the
citizen's or resident's death if the spouse
files a petition under section 204(a)(1)(A)(ii)
before the earlier of--
``(I) 2 years after such date; or
``(II) the date on which the spouse
remarries.
``(iv) Parents and children.--An alien who
was the child or parent of a citizen of the
United States or a child of a lawful permanent
resident at the time of the citizen's or
resident's death if the alien files a petition
under 204(a)(1)(A)(ii) within 2 years after
such date or prior to reaching 21 years of age.
``(v) Special rule.--For purposes of this
subparagraph, an alien who has filed a petition
under clause (iii) or (iv) of section
204(a)(1)(A) remains an immediate relative if
the United States citizen or lawful permanent
resident spouse or parent loses United States
citizenship or residence on account of the
abuse.
``(B) Birth during temporary visit abroad.--Aliens
born to an alien lawfully admitted for permanent
residence during a temporary visit abroad.''.
(b) Allocation of Immigrant Visas.--Subsection (a) of section 203
of the Immigration and Nationality Act (8 U.S.C. 1153) is amended--
(1) in paragraph (1), by striking ``23,400'' and inserting
``38,000'';
(2) by striking paragraph (2) and inserting the following:
``(2) Unmarried sons and unmarried daughters of permanent
resident aliens.--Qualified immigrants who are the unmarried
sons or unmarried daughters (but are not the children) of an
alien lawfully admitted for permanent residence shall be
allocated visas in a number not to exceed 60,000, plus any
visas not required for the class specified in paragraph (1).'';
(3) in paragraph (3), by striking ``23,400'' and inserting
``38,000''; and
(4) in paragraph (4), by striking ``65,000'' and inserting
``90,000''.
(c) Technical and Conforming Amendments.--
(1) Rules for determining whether certain aliens are
immediate relatives.--Subsection (f) of section 201 of the
Immigration and Nationality Act (8 U.S.C. 1151) is amended--
(A) in paragraph (1), by striking ``paragraphs (2)
and (3),'' and inserting ``paragraph (2),'';
(B) by striking paragraph (2);
(C) by redesignating paragraphs (3) and (4) as
paragraphs (2) and (3), respectively; and
(D) in paragraph (3), as redesignated by
subparagraph (C), by striking ``through (3)'' and
inserting ``and (2)''.
(2) Numerical limitation to any single foreign state.--
Section 202 of the Immigration and Nationality Act (8 U.S.C.
1152) is amended--
(A) in paragraph (4) of subsection (a)--
(i) by striking subparagraphs (A) and (B);
(ii) by redesignating subparagraphs (C) and
(D) as subparagraphs (A) and (B), respectively;
and
(iii) in subparagraph (A), as redesignated
by clause (ii), by striking ``section
203(a)(2)(B)'' and inserting ``section
203(a)(2)''; and
(B) in subsection (e), in the flush matter
following paragraph (3), 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)''.
(3) Allocation of immigration visas.--Subsection (h) of
section 203 of the Immigration and Nationality Act (8 U.S.C.
1153) is amended--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph
(A), by striking ``subsections (a)(2)(A) and
(d)'' and inserting ``subsection (d)'';
(ii) in subparagraph (A), by striking
``becomes available for such alien (or, in the
case of subsection (d), the date on which an
immigrant visa number became available for the
alien's parent),'' and inserting ``became
available for the alien's parent,''; and
(iii) in subparagraph (B), by striking
``applicable'';
(B) in paragraph (2), by striking ``The petition''
and all that follows through the end and inserting
``The petition described in this paragraph is a
petition filed under section 204 for classification of
the alien's parent under subsection (a), (b), or
(c).''; and
(C) in paragraph (3), by striking ``subsections
(a)(2)(A) and (d)'' and inserting ``subsection (d)''.
(4) Procedure for granting immigrant status.--Section 204
of the Immigration and Nationality Act (8 U.S.C. 1154) is
amended--
(A) in subsection (a)(1)--
(i) in subparagraph (A)--
(I) in clause (i), by inserting
``or lawful permanent resident'' after
``United States'';
(II) in clause (ii), by striking
``described in the second sentence of
section 201(b)(2)(A)(i) also'' and
inserting ``or an alien child or alien
parent described in section
201(b)(2)(A)'';
(III) in clause (iii)--
(aa) in item (aa) of
subclause (I), by inserting
``or legal permanent resident''
after ``citizen''; and
(bb) in subclause (II)--
(AA) in item
(aa)(AA) and item
(aa)(BB), by inserting
``or legal permanent
resident;'' after
``States'' each place
that term appears;
(BB) in item
(aa)(CC), by inserting
``or legal permanent
resident'' after
``citizen'';
(CC) in item
(aa)(CC)(bbb), by
inserting ``or legal
permanent resident''
after ``citizenship'';
and
(DD) in item
(aa)(CC)(ccc), by
inserting ``or legal
permanent resident''
after ``citizen'';
(IV) in clause (iv)--
(aa) by striking
``States,'' and inserting
``States or legal permanent
resident,'';
(bb) by inserting ``or
legal permanent resident''
after ``United States
citizen'';
(cc) by inserting ``or
resident'' after ``the
citizen''; and
(dd) by inserting ``or
resident'' after the ``alien's
citizen'';
(V) in subclause (I) of clause (v),
by inserting ``or legal permanent
resident'' after ``citizen''; and
(VI) in clause (vi)--
(aa) by inserting ``or
legal permanent resident
status'' after ``renunciation
of citizenship''; and
(bb) by inserting ``or
legal permanent resident''
after ``abuser's citizenship'';
(ii) by striking subparagraph (B);
(iii) in subparagraph (C), by striking
``subparagraph (A)(iii), (A)(iv), (B)(ii), or
(B)(iii)'' and inserting ``clause (iii) or (iv)
of subparagraph (A)''; and
(iv) in subparagraph (J), by striking ``or
clause (ii) or (iii) of subparagraph (B)'';
(B) by striking paragraph (2) of subsection (a);
(C) in paragraph (1) of subsection (c), by striking
``or preference status''; and
(D) in subsection (h), by striking ``or a petition
filed under subsection (a)(1)(B)(ii)''.
SEC. 4. COUNTRY LIMITS.
Paragraph (2) of section 202(a) of the Immigration and Nationality
Act (8 U.S.C. 1152(a)) is amended by striking ``7 percent (in the case
of a single foreign state) or 2 percent'' and inserting ``10 percent
(in the case of a single foreign state) or 5 percent''.
SEC. 5. FAMILY UNITY.
(a) Exception to Prohibition on Unlawful Presence for Minors.--
Clause (iii) of section 212(a)(9)(B) of the Immigration and Nationality
Act (8 U.S.C. 1182(a)(9)(B)) is amended--
(1) in subclause (I), by striking ``18'' and inserting
``21'';
(2) by indenting subclause (V) 8 ems from the left margin;
and
(3) by adding at the end the following:
``(VI) Clause (i) shall not apply
to an alien for whom an immigrant visa
is available or was available on or
prior to the date of enactment of the
Reuniting Families Act, and is
otherwise admissible to the United
States for permanent residence.''.
(b) Waiver of Prohibition on Unlawful Presence for Children of
Citizens and Residents.--Clause (v) of section 212(a)(9)(B) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(9)(B)) is amended--
(1) by striking ``spouse or son or daughter'' and inserting
``spouse, son, daughter, or parent'';
(2) by striking ``extreme'';
(3) by inserting ``, son, daughter, or'' after ``lawfully
resident spouse''; and
(4) by striking ``alien.'' and inserting ``alien or, if the
Attorney General determines that a waiver is necessary for
humanitarian purposes, to ensure family unity or is otherwise
in the public interest.''.
(c) Exceptions to Prohibition on Unlawful Presence After Previous
Immigration Violation.--Clause (ii) of section 212(a)(9)(C) of the
Immigration and Nationality Act (8 U.S.C. 212(a)(9)(C)) is amended to
read as follows:
``(ii) Exceptions.--Clause (i) shall not
apply to an alien--
``(I) seeking admission more than
10 years after the date of the alien's
last departure from the United States
if, prior to the alien's reembarkation
at a place outside the United States or
attempt to be readmitted from a foreign
contiguous territory, the Secretary of
Homeland Security has consented to the
alien's reapplying for admission; or
``(II) for whom an immigrant visa
is available or was available on or
prior to the date of enactment of the
Reuniting Families Act, and is
otherwise admissible to the United
States for permanent residence.''.
SEC. 6. RELIEF FOR ORPHANS AND SPOUSES.
(a) In General.--
(1) Special rule for orphans and spouses.--In applying
clauses (iii) and (iv) of section 201(b)(2)(A) of the
Immigration and Nationality Act, as added by section 3(a), to
an alien whose citizen or lawful permanent resident relative
died before the date of the enactment of this Act, the alien
relative may (notwithstanding the deadlines specified in either
such clause) file the classification petition under clause (ii)
of section 204(a)(1)(A) of such Act, as amended by section
3(c)(4)(A)(i)(II), not later than 2 years after the date of the
enactment of this Act.
(2) Eligibility for parole.--If an alien was excluded,
deported, removed, or departed voluntarily before the date of
the enactment of this Act based solely upon the alien's lack of
classification as an immediate relative (as defined in clause
(ii) of section 201(b)(2)(A) of the Immigration and Nationality
Act, as amended by section 3(a)) due to the death of such
citizen or resident--
(A) such alien shall be eligible for parole into
the United States pursuant to the Attorney General's
discretionary authority under section 212(d)(5) of such
Act (8 U.S.C. 1182(d)(5)); and
(B) such alien's application for adjustment of
status shall be considered notwithstanding section
212(a)(9) of such Act (8 U.S.C. 1182(a)(9)).
(b) Adjustment of Status.--Section 245 of the Immigration and
Nationality Act (8 U.S.C. 1255) is amended by adding at the end the
following:
``(n) Application for Adjustment of Status by Surviving Spouses,
Parents, and Children.--
``(1) In general.--Any alien described in paragraph (2) who
applies for adjustment of status before the death of the
qualifying relative, may have such application adjudicated as
if such death had not occurred.
``(2) Alien described.--An alien described in this
paragraph is an alien who--
``(A) is an immediate relative (as described in
section 201(b)(2)(A));
``(B) is a family-sponsored immigrant (as described
in subsection (a) or (d) of section 203); or
``(C) is a derivative beneficiary of an employment-
based immigrant under section 203(b) (as described in
section 203(d)).''.
(c) Transition Period.--
(1) In general.--Notwithstanding a denial of an application
for adjustment of status for an alien whose qualifying relative
died before the date of the enactment of this Act, such
application may be renewed by the alien through a motion to
reopen, without fee, if such motion is filed not later than 2
years after such date of enactment.
(2) Eligibility for parole.--If an alien described in
section 245(n)(2), as amended by subsection (b), was excluded,
deported, removed or departed voluntarily before the date of
the enactment of this Act--
(A) such alien shall be eligible for parole into
the United States pursuant to the Attorney General's
discretionary authority under section 212(d)(5) of the
Immigration and Nationality Act (8 U.S.C. 1182(d)(5));
and
(B) such alien's application for adjustment of
status shall be considered notwithstanding section
212(a)(9) of such Act (8 U.S.C. 1182(a)(9)).
(d) Processing of Immigrant Visas and Derivative Petitions.--
(1) In general.--Subsection (b) of section 204 of the
Immigration and Nationality Act (8 U.S.C. 1154) is amended--
(A) by striking ``After an investigation'' and
inserting the following:
``(1) In general.--After an investigation''; and
(B) by adding at the end the following:
``(2) Death of qualifying relative.--
``(A) In general.--Any alien described in paragraph
(2) whose qualifying relative died before the
completion of immigrant visa processing may have an
immigrant visa application adjudicated as if such death
had not occurred. An immigrant visa issued before the
death of the qualifying relative shall remain valid
after such death.
``(B) Alien described.--An alien described in this
paragraph is an alien who--
``(i) is an immediate relative, as
described in section 201(b)(2)(A);
``(ii) is a family-sponsored immigrant, as
described in subsection (a) or (d) of section
203;
``(iii) is a derivative beneficiary of an
employment-based immigrant under section
203(b), as described in section 203(d); or
``(iv) is the spouse or child of a refugee,
as described in section 207(c)(2) or an asylee,
as described in section 208(b)(3).''.
(2) Transition period.--
(A) In general.--Notwithstanding a denial or
revocation of an application for an immigrant visa for
an alien whose qualifying relative died before the date
of the enactment of this Act, such application may be
renewed by the alien through a motion to reopen,
without fee, if such motion is filed not later than 2
years after such date of enactment.
(B) Inapplicability of bars to entry.--In the case
of an alien who was excluded, deported, removed, or
departed voluntarily before the date of the enactment
of this Act, such alien's application for an immigrant
visa shall be considered notwithstanding section
212(a)(9) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(9)).
(e) Naturalization.--Subsection (a) of section 319 of the
Immigration and Nationality Act (8 U.S.C. 1430) is amended by inserting
``(or, if the spouse is deceased, the spouse was a citizen of the
United States)'' after ``citizen of the United States''.
SEC. 7. EXEMPTION FROM IMMIGRANT VISA LIMIT FOR CERTAIN VETERANS WHO
ARE NATIVES OF PHILIPPINES.
Paragraph (1) of section 201(b) of the Immigration and Nationality
Act (8 U.S.C. 1151(b)) is amended by adding at the end the following:
``(F) Aliens who are eligible for an immigrant visa under
paragraph (1) or (3) of section 203(a) and who have a parent
who was naturalized pursuant to section 405 of the Immigration
Act of 1990 (8 U.S.C. 1440 note).''.
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