“To amend the Immigration and Nationality Act to promote family unity, and for other purposes.”
No CRS summary available for this bill.
This section designates the Act as the Reuniting Families Act and sets forth the table of contents.
This section revises the formula for the annual worldwide level of family-sponsored immigrant visas (i.e., limited preference categories under INA §203(a), such as adult sons/daughters of citizens and siblings of adult citizens) to 480,000 plus any unused family-sponsored visas from the previous fiscal year plus any unused family-sponsored visas from FY1992 through FY2025 not previously issued (previously, 480,000 minus unused employment-based visas from the prior fiscal year, with a 226,000 floor). It similarly revises the formula for the annual worldwide level of employment-based immigrant visas (i.e., under INA §203(b), such as for skilled workers and professionals) to 140,000 plus any unused employment-based visas from the previous fiscal year plus any unused employment-based visas from FY1992 through FY2025 not previously issued (previously, 140,000 plus unused family-sponsored visas from the prior fiscal year). The section also exempts from direct numerical limitations (1) beneficiaries (including derivative beneficiaries) of approved immigrant petitions with priority dates more than 10 years before the alien's application for admission or adjustment of status and (2) aliens described in INA §203(d) (i.e., derivatives accompanying or following principal beneficiaries). (The amendments take effect 60 days after enactment.)
This section reclassifies spouses, permanent partners, and children of lawful permanent residents (LPRs)—as well as their accompanying or following-to-join spouses, permanent partners, and children—as immediate relatives under INA §201(b)(2) (8 U.S.C. 1151(b)(2)). (As background, immediate relatives are exempt from worldwide and per-country numerical limits on family-sponsored immigrant visas, unlike those in the family preference categories under INA §203(a) (8 U.S.C. 1153(a)). Thus, this change removes current second-preference (F2A) immigrants from annual caps of approximately 114,200 visas and potential multi-year backlogs.) The section revises family preference visa allocations under INA §203(a) as follows: (1) increases visas for unmarried sons and daughters of U.S. citizens to 127,200 (from 23,400); (2) replaces visas for spouses and children of LPRs with visas for unmarried sons without permanent partners and unmarried daughters without permanent partners (age 21 or older) of LPRs, at 80,640 plus unused visas from paragraph (1); (3) increases visas for married sons and daughters of U.S. citizens to 80,640 (from 23,400); and (4) increases visas for brothers and sisters of U.S. citizens (age 21 or older) to 191,520 (from 65,000). (Thus, these changes reallocate approximately 254,000 visas previously available under the second preference to other family preference categories, for a total allocation of 480,000 visas notwithstanding the current 226,000-visa cap on family preferences under INA §201(c).) The section makes conforming and technical amendments to INA §§201(f), 203(h), and 204 (8 U.S.C. 1151(f), 1153(h), 1154) to extend petition, priority date, and aging-out rules to the new immediate relatives of LPRs and to replace references to the eliminated second preference category.
This section increases the per-country numerical limitation on family-sponsored and employment-based immigrant visas to 20% of the total available under INA §203(a)-(b) for any single foreign state (from 7%) and to 5% for any dependent area (from 2%) in a fiscal year. (Thus, this allows more visas to be issued to nationals of any one country or area before excess visas become available to others.)
This section revises Immigration and Nationality Act (INA) inadmissibility grounds under section 212(a)(9) (8 U.S.C. 1182(a)(9)) by repealing the three- and ten-year bars for unlawful presence and the permanent bar for reentry after removal, and instead— (1) renders arriving aliens previously removed inadmissible if seeking admission within 5 years (or 20 years for a second or subsequent removal, or at any time if convicted of an aggravated felony); (2) renders other previously removed aliens inadmissible if seeking admission within 10 years (or 20 years for a second or subsequent removal, or at any time if convicted of an aggravated felony) after a removal order or departure while a removal order was outstanding; and (3) provides an exception if the Secretary of Homeland Security consents to reapplication. The section further modifies INA misrepresentation provisions by— (1) limiting the inadmissibility and deportability grounds in sections 212(a)(6)(C)(ii) and 237(a)(3)(D), respectively, to willful misrepresentation of U.S. citizenship, with an exception if the alien was under 21 years old at the time; (2) striking references linking those grounds to fraud or willful misrepresentation of a material fact; (3) expanding the waiver authority in section 212(i)(1) to certain family members (including permanent partners) of U.S. citizens or lawful permanent residents (LPRs) if admission is not contrary to national welfare, safety, or security; and (4) authorizing the Secretary of Homeland Security or Attorney General to waive any inadmissibility ground under section 212 (including the new removal bars) or any deportability ground under section 237 for humanitarian purposes, family unity, or public interest (with the inadmissibility waiver available to those eligible for criminal waivers under section 212(h)). (Thus, these changes reduce certain reentry bars, except young misrepresenters of citizenship from penalties, and provide broad discretionary waivers previously unavailable for most grounds.)
This section provides relief to certain orphans, widows, widowers, permanent partners, and surviving relatives of deceased U.S. citizens or lawful permanent residents (LPRs) whose immigration petitions or applications were affected by the death. Specifically, it (1) permits such aliens whose relative died before enactment to file a classification petition within two years after enactment; (2) makes eligible for discretionary parole and adjustment of status— notwithstanding unlawful presence bars under INA §212(a)(9)—those previously excluded, deported, removed, or who voluntarily departed solely due to lacking immediate relative status from the death or who qualify under INA §204(l); (3) requires adjudication of immigrant visa applications as if the qualifying relative's death had not occurred for immediate relatives, family-sponsored immigrants, employment-based derivatives, and spouses, permanent partners, or children of refugees or asylees, with pre-death visas remaining valid; (4) allows renewal without fee, via motion to reopen, of previously denied or revoked visa applications affected by a pre-enactment death, notwithstanding INA §212(a)(9); (5) preserves waiver eligibility under INA §212 as if the death had not occurred, treating the death as the functional equivalent of hardship; and (6) expands naturalization under INA §319(a) to permanent partners whose U.S. citizen spouse or partner is deceased. This section further (1) eliminates the U.S. residency requirement for consideration under INA §204(l) and includes affidavits of support; (2) removes the two-year limit from INA §201(b)(2)(A)(i) for certain immediate relatives; and (3) adds surviving relatives under INA §204(l) as a public charge exception under INA §212(a)(4)(C)(i). (Thus, these changes enable more surviving family members to pursue lawful permanent residence notwithstanding prior procedural bars or the petitioner's death.)
This section adds to the list of aliens exempt from worldwide numerical limits on immigrant visas (under INA §201(a)) certain aliens eligible for family preference immigrant visas as unmarried sons or daughters of U.S. citizens (INA §203(a)(1)) or married sons or daughters of U.S. citizens (INA §203(a)(3)) whose parent was naturalized pursuant to section 405 of the Immigration Act of 1990 (i.e., certain Filipino veterans who served honorably in the U.S. armed forces during World War II). (Thus, these individuals are not counted against the annual family-sponsored visa limit of 480,000 under INA §201(c), subject to per-country caps.)
This section modifies eligibility and adjustment of status rules for nonimmigrant K-1 (fiancée/fiancé of a U.S. citizen), K-3 (spouse of a U.S. citizen awaiting an immigrant visa), K-2, and K-4 visas to protect accompanying minor children from aging out. (As background, K visas allow beneficiaries to enter the United States pending marriage or immigrant visa processing, after which they may adjust to conditional lawful permanent resident status under INA §216 if the marriage occurs within three months of admission.) Specifically, the section: (1) specifies that a minor child's age for K-4 visa eligibility under INA §101(a)(15)(K)(iii) is determined using the child's age on the date the parent's K-1 or K-3 petition is filed with the Department of Homeland Security; (2) authorizes the Secretary of Homeland Security or Attorney General to adjust the status of a K-1 principal and any accompanying or following-to-join minor children to conditional lawful permanent resident status if the principal marries within three months of admission, subject to INA §245(d), while waiving INA §212(a)(5) (labor certification) and §212(a)(7)(A) (documentation requirements) grounds of inadmissibility and preserving other authorized waivers; (3) specifies that for such adjustment purposes under INA §245(d), a K-4 child's age is determined using the child's age on the date the parent's K-1 or K-3 petition is filed; and (4) applies these changes retroactively as if included in the Immigration Marriage Fraud Amendments of 1986 (P.L. 99-639), to pending petitions or applications and to previously denied ones that would have been approved had the amendments been in effect, with motions to reopen or reconsider such denials required within two years of enactment.
This section revises the Immigration and Nationality Act (INA) definition of "child" to include any stepchild, regardless of the child's age at the time of the marriage creating the stepchild relationship (previously, limited to stepchildren under 18 years old). (Thus, adult stepchildren of U.S. citizens and lawful permanent residents may qualify for family-based immigrant visas or other child-status immigration benefits previously unavailable to them.)
This section revises the priority date retention rule under the Child Status Protection Act for certain aged-out children and establishes permanent priority dates for family-sponsored and employment-based immigrant petitions. (As background, priority dates determine an applicant's place in the visa queue for the numerically limited family preference categories under INA §203(a)—e.g., 23,400 visas annually for unmarried adult children of citizens—and employment preference categories under INA §203(b), such as 28.6% of the employment-based worldwide level for priority workers with extraordinary ability.) (1) Under revised INA §203(h)(3), if an alien's age is locked in at 21 years of age or older under §203(h)(1) for purposes of the family second preference for spouses and children of lawful permanent residents (§203(a)(2)(A)) or diversity immigrants (§203(d)), and a parent subsequently files a family-based petition for the alien, the petition's priority date becomes the original priority date from the prior family- or employment-based petition for which either parent was a beneficiary. (Thus, this preserves the child's place in the visa queue despite aging out of derivative status.) (2) New INA §203(i) defines the priority date for any family- or employment-based petition as the filing date with DHS (or the Secretary of State, if applicable), or the labor certification filing date with the Secretary of Labor if filed beforehand; the beneficiary retains the earliest such priority date from any prior petition filed on the beneficiary's behalf that was approvable when filed, regardless of the petition category. (Thus, this enables cross-category portability of priority dates between family-sponsored and employment-based petitions.)
This section provides work authorization for spouses and children over age 16 accompanying or following to join principal aliens admitted in E, H, L, or O nonimmigrant status. It further (1) expands H-1B nonimmigrant status extensions beyond the six-year limit under INA §214(g)(4) to include beneficiaries of approved employment-based immigrant petitions under INA §203(b)(1)-(3) delayed by per-country numerical limits, and their accompanying or following-to-join children regardless of age if the parent maintains status and the child was under 18 upon initial grant of derivative status; and (2) establishes, for such children, an age determination under INA §203(h) using the parent's employment-based immigrant petition filing date (or labor certification filing date, if earlier). (Thus, these children remain eligible as derivatives despite turning 21 during processing delays caused by visa backlogs.)
This section extends the deadline for a qualifying petition or labor certification under INA §245(i)—which allows otherwise ineligible aliens (e.g., those who engaged in unauthorized employment or overstayed a visa) to apply for adjustment of status upon payment of a $1,000 penalty fee—to five years after enactment of the Reuniting Families Act (from April 30, 2001). It further (1) makes conforming punctuation changes to §245(i)(1) and strikes subparagraph (1)(C); and (2) directs deposit of any remaining portion of such penalty fees into the Immigration Examinations Fee Account established under INA §286(m).
This section revises cancellation of removal and adjustment of status eligibility for certain nonpermanent residents under INA §240A(b) (8 U.S.C. 1229b(b)) by (1) reducing the required continuous physical presence in the United States to 7 years immediately preceding the application (from 10 years); (2) changing the hardship standard to extreme hardship to the alien or the alien’s spouse or permanent partner, parent, or child who is a U.S. citizen or lawful permanent resident (from exceptional and extremely unusual hardship to the alien’s spouse, parent, or child who is such); (3) establishing an affirmative application process through the Department of Homeland Security (DHS) for spouses, permanent partners, parents, sons or daughters, or legal guardians of U.S. citizens who otherwise qualify under subsection (b)(1) or (b)(2), with no numerical limitations; and (4) eliminating the prior annual cap of 4,000 approvals. (Thus, eligible nonpermanent residents may now apply affirmatively outside removal proceedings, and total approvals are uncapped.) The section further directs DHS to promulgate regulations for processing these affirmative applications.
This section amends Section 235 of the Immigration and Nationality Act (INA), which governs inspection of arriving aliens and expedited removal of certain inadmissible aliens, by adding subsection (e) to prohibit removal of (1) beneficiaries (including spouses and children) of immigrant visa petitions under INA §204 who are prima facie eligible for approval and (2) applicants for T nonimmigrant status (victims of severe human trafficking), U nonimmigrant status (victims of certain qualifying crimes), V nonimmigrant status (spouses or children of lawful permanent residents), special immigrant juvenile status under INA §101(a)(27)(J), or cancellation of removal under INA §240A, while such petitions or applications are pending or a decision is on appeal. (Thus, these aliens—who might otherwise be subject to expedited removal—remain in the United States during case processing.) The section also updates the section heading to include “; prohibition on removal” and makes a conforming amendment to the INA table of contents.
This section amends the Immigration and Nationality Act (INA) by (1) inserting “or permanent partnership” after “marriage” in INA §101(a)(15)(K)(ii), which governs nonimmigrant K visas for fiancés, spouses, and their children who intend to marry or enter a permanent partnership with a U.S. citizen within 90 days of admission; and (2) adding new definitions at the end of INA §101(a) for (A) “permanent partner” as an individual 18 years of age or older in a committed, intimate relationship with another individual 18 years of age or older intending lifelong commitment, who is financially interdependent (waivable case-by-case by DHS or State Department), not married or in a permanent partnership with anyone else, unable to contract a marriage cognizable under the INA, and not a first-, second-, or third-degree blood relation of the other individual; (B) “permanent partnership” as the relationship between two permanent partners; and (C) “alien permanent partner” as the individual in a permanent partnership who is being sponsored for a visa.
This section expands the definition of "child" under the Immigration and Nationality Act (INA). Specifically, it (1) adds to INA §101(b)(1)—applicable to immigration provisions—a new subparagraph (H) to include (i) a biological child of an alien permanent partner if the child was under 18 at the time the permanent partnership was formed, or (ii) a child adopted by such partner while under 16 who resided in the legal custody of the adoptive parent for at least two years and was under 18 at the time the partnership was formed; and (2) amends INA §101(c)—applicable to nationality provisions—to (a) incorporate children described in new §101(b)(1)(H) and (b) include as a child one whose deceased parent includes a deceased permanent partner of the deceased parent, father, or mother.
This section revises special rules exempting 75% of second family preference immigrant visas (i.e., F2A category for spouses, permanent partners, and children of lawful permanent residents) from per-country numerical limits (7% of total family-sponsored and employment-based visas per foreign state) by inserting references to "permanent partners" in relevant headings and modifying the heading for remaining visas to unmarried sons and daughters without permanent partners. It also inserts "or permanent partner" after "spouse" and "or permanent partners" after "husband and wife" in family chargeability rules.
This section expands immigrant visa eligibility under the Immigration and Nationality Act to include permanent partners in certain family-sponsored and employment-based preference categories. (1) revises the third family preference category (INA §203(a)(3)), which allocates visas not to exceed 23,400 plus unused visas from the first and second preferences to qualified married sons and daughters of U.S. citizens, to also cover daughters and sons with permanent partners of U.S. citizens; (2) includes permanent partners, in addition to spouses, as qualifying family members of immigrants creating employment through investment (EB-5 visas, INA §203(b)(5)(A)(ii)); and (3) treats permanent partners, in addition to spouses, as eligible accompanying or following-to-join family members entitled to the same immigrant status or derivative visas as the principal alien (INA §203(d)).
This section revises immigrant classification petition procedures under Section 204(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)) to extend self-petition rights previously available only to spouses of U.S. citizens to permanent partners as well, including for those demonstrating good faith entry into the relationship and battering or extreme cruelty by the partner (as background, these provisions enable abused spouses to petition independently for immediate relative status without the abuser's involvement). It makes parallel changes throughout Section 204 to include permanent partners in (1) immigration fraud prevention rules (subsection (c)); (2) restrictions on petitions for marriages or partnerships entered during exclusion or deportation proceedings (subsection (g)); and (3) rights surviving the citizen's death or relationship termination, including via remarriage or new partnership (subsection (h)).
This section revises refugee derivative admission criteria under INA §207(c) (8 U.S.C. 1157(c)) to include permanent partners of principal refugees (in addition to spouses), including references to permanent partners' children. It also amends paragraph (2)(A) to expand the list of prior admissions barring derivative status from subparagraphs (B) through (E) to include (H).
This section revises the derivative asylum provision (8 U.S.C. 1158(b)(3)), which allows a spouse or minor child of a principal asylee to receive asylum without a separate application subject to specified exceptions (i.e., bars such as prior persecution of others, involvement in persecution, or firm resettlement). It expands eligibility to permanent partners by inserting "or permanent partner" after "spouse" in the paragraph heading and subparagraph (A), and it adds subparagraph (H) to the list of exceptions in subparagraph (A).
This section amends the Immigration and Nationality Act (INA) to insert ", permanent partner," after "spouse" in multiple provisions concerning inadmissibility grounds and waivers, as follows: (1) in four specified clauses under INA §212(a) (i.e., security-related, public charge, misrepresentation, and miscellaneous grounds); (2) in two general waiver provisions under INA §212(d); (3) in the health-related waiver under INA §212(g)(1)(A); (4) in the criminal-related waiver under INA §212(h)(1)(B); and (5) in the misrepresentation waiver under INA §212(i)(1). (Thus, these exceptions and waivers now extend to permanent partners as well as spouses.)
This section expands employment authorization under INA §214(e)(2) for spouses of H-1B nonimmigrants who are beneficiaries of approved immigrant visa petitions to also include permanent partners. (As background, this provision enables such spouses to apply for work authorization while awaiting an immigrant visa.) It further expands the V nonimmigrant classification under INA §214(r)—which provides temporary status to spouses and children of lawful permanent residents awaiting immigrant visas due to numerical limits—to also include permanent partners and, by inserting "or permanent partnership" after each reference to "marriage," to recognize permanent partnerships alongside marriages.
This section amends INA §101(a)(15), which defines nonimmigrant visa categories and eligibility for derivative visas (i.e., visas allowing specified family members to accompany or follow a principal visa holder without independent qualification), to include permanent partners alongside spouses and immediate family members. The change applies to subparagraphs (A) (diplomats), (E) (treaty traders/investors), (F) (academic students), (G) (international organization representatives), (H) (temporary workers), (I) (media representatives), (J) (exchange visitors), (L) (intracompany transferees), (M) (vocational students), (O) (extraordinary ability), (P) (athletes/entertainers), (Q) (cultural exchange), (R) (religious workers), (S) (informants), (T) (trafficking victims), (U) (crime victims), and (V) (certain spouses/children of lawful permanent residents).
This section expands conditional permanent resident status under INA §216 (8 U.S.C. 1186a)—which requires alien spouses (and sons/daughters) of U.S. citizens or lawful permanent residents (LPRs) who obtain such status based on the relationship to hold it conditionally for two years, after which they must petition jointly to remove conditions by demonstrating a bona fide relationship—to also cover alien permanent partners (and sons/daughters). (Thus, permanent partners are now subject to the same requirements for notices, termination if the partnership is found fraudulent or ends (including by ceasing to meet criteria under this Act, other than by death), timely petitions with interviews, and definitions as apply to spouses.) The section also updates the provision heading and table of contents accordingly.
This section expands conditional permanent resident status under INA §216A (8 U.S.C. 1186b)—which applies to alien entrepreneurs (i.e., EB-5 investors under INA §203(b)(5)), their spouses, and children—to also include their permanent partners by (1) amending the section heading and table of contents to reference permanent partners; and (2) inserting "or permanent partner" after "spouse" throughout provisions on notice requirements, termination of status for improper investments, petitions and interviews to remove conditions, and definitions. (Thus, permanent partners receive the same two-year conditional status, termination risks, and removal-of-conditions requirements as spouses and children.)
This section amends INA §237(a) (8 U.S.C. 1227(a)), which specifies classes of deportable aliens, to insert “or permanent partners” after “spouses” each place it appears in paragraph (1)(D)(i) (relating to termination of conditional permanent resident status under INA §§1186a and 1186b); “or permanent partner” after “spouse” in paragraphs (1)(E)(ii), (1)(E)(iii), and (1)(H)(i)(I); and “or permanent partner” after “spouse” each place it appears in paragraphs (2)(E)(i) and (3)(C)(ii). (Thus, permanent partners are treated equivalently to spouses in these conditional status, smuggling exception, criminal, and security-related deportability provisions.)
This section extends specified protections available to spouses to permanent partners in removal proceedings by (1) inserting “permanent partners,” after “spouses,” in the heading of subsection (c)(7)(C)(iv) (special rules relating to certain battered spouses and children, which except motions to reopen filed by victims of domestic violence from standard time limits) and (2) inserting “or permanent partner” after “spouse” in subsection (e)(1) (stipulated removal).
This section expands the special rule under the cancellation of removal and adjustment of status provision for certain nonpermanent residents (8 USC 1229b(b)) to include permanent partners in addition to spouses. Specifically, it revises the heading from "Special rule for battered spouse or child" to "Special rule for battered spouse, permanent partner, or child" and inserts ", permanent partner" after "spouse" each place it appears in paragraph (2)(A), allowing aliens battered or subjected to extreme cruelty by a permanent partner who is or was a U.S. citizen or lawful permanent resident (or the parent of a child similarly abused) to qualify without meeting the general requirements of 10 years' continuous physical presence, good moral character, lack of certain criminal convictions, and exceptional hardship to a U.S. citizen or lawful permanent resident family member.
This section amends the adjustment of status provisions of the Immigration and Nationality Act (INA §245, 8 U.S.C. 1255) to extend spousal references to permanent partners as follows: (1) inserts “or permanent partnership” after “marriage” in INA §245(d), which bars adjustment of status for certain aliens whose basis for status is a marriage entered during exclusion or deportation proceedings or within 90 days of nonimmigrant admission, and in INA §245(e)(1), which presumes marriage fraud if a petition is approved within 90 days before adjustment and the marriage occurred within two years of admission; (2) adds INA §245(e)(4) excepting permanent partnerships from the INA §245(e)(1) presumption and INA §204(g) petition revocation if the alien proves by clear and convincing evidence to DHS that the partnership was bona fide under INA §101(a)(52), not for immigration purposes, and involved no improper fee or consideration (with one level of administrative appellate review); (3) inserts “or permanent partner” after “spouse” each place it appears in INA §245(i)(1), which permits adjustment for certain pre-2001 visa petitioners upon payment of a $1,000 penalty fee; (4) in INA §245(j) for informants, inserts “or permanent partner” after “spouse” and “sons and daughters with and without permanent partners” after “daughters” in paragraphs (1) and (2); and (5) inserts “permanent partner” after “spouse” in INA §245(l)(1) for certain trafficking victims.
This section expands the criminal prohibition on entering into a marriage for the purpose of evading immigration laws (i.e., marriage fraud under 8 U.S.C. 1325(c)) to also include permanent partnerships, with penalties of imprisonment for not more than five years, a fine of not more than $250,000, or both.
This section expands expedited naturalization eligibility under subsections (b), (d), and (e) of Section 319 of the Immigration and Nationality Act (8 U.S.C. 1430)—which waive certain residency and physical presence requirements for spouses of U.S. citizens employed abroad (subsection (b)) and waive the three-year marital union requirement for surviving spouses of U.S. citizens who died during military service or a designated period of hostilities (subsections (d) and (e))—to permanent partners of U.S. citizens. It does so by (1) inserting "or permanent partner" after "spouse" in subsection (b)(1), (b)(3), each place it appears in subsection (d), subsection (e)(1), and subsection (e)(2); and (2) inserting "or permanent partnership" after "marital union" in subsections (d) and (e)(1).
This section expands the application of family unity provisions to permanent partners, in addition to spouses, of certain beneficiaries under the Legal Immigration Family Equity (LIFE) Act. (As background, the LIFE Act provided adjustment of status and related benefits to certain individuals unlawfully present in the U.S. prior to April 30, 2001, who met eligibility criteria; family unity provisions defer deportation and provide employment authorization to qualifying family members of legalized immigrants.)
This section amends the Cuban Adjustment Act (P.L. 89-732; 8 U.S.C. 1255 note)—which permits certain Cuban natives and citizens inspected, admitted, or paroled into the United States who have been physically present for one year to adjust to lawful permanent resident status—to extend eligibility to permanent partners (in addition to spouses). It makes conforming amendments by replacing “or spouse” with “, spouse, or permanent partner” in (1) INA §101(a)(51)(D) (8 U.S.C. 1101(a)(51)(D)) and (2) VAWA §1506(c)(2)(A)(i)(IV) (8 U.S.C. 1229a note).
This section adds subsection (i) to Section 301 of the Immigration and Nationality Act (8 U.S.C. 1401), which defines any reference to “a person born of parents” for purposes of U.S. nationality and citizenship at birth to include (1) any legally recognized parent-child relationship formed within the first year of a person’s life regardless of genetic or gestational relationship; (2) either parent of a child born through assisted reproductive technology (ART) who is legally recognized as a parent in the relevant jurisdiction regardless of genetic or gestational relationship; and (3) the spouse of a parent at the time of birth if at least one parent is legally recognized and the marriage occurred before the child’s birth and is recognized in the United States regardless of parental residence. (Thus, the provision expands jus sanguinis citizenship transmission to nonbiological parents in surrogacy, early adoption, ART, and marital presumption cases.)
This section establishes a new exception in INA §201(g) providing that diversity immigrant visas for aliens selected in FY2017 through FY2022 remain available to such aliens (and their spouses and children), notwithstanding the program's expiration provision in INA §204(a)(1)(I)(ii)(II), if (1) the alien was refused a visa, prevented from seeking admission, or denied admission solely due to Executive Order 13769, Executive Order 13780, Presidential Proclamation 9645, or Presidential Proclamation 9983; or (2) due to COVID-19-related restrictions, the alien was unable to receive a visa interview despite submitting Form DS-260 or was unable to seek admission (or was denied admission) despite visa approval under INA §203(c). (As background, the Diversity Immigrant Visa program provides up to 55,000 visas annually to natives of countries with low rates of immigration to the U.S.)
This section directs the Secretary of State to prioritize refugees seeking reunification with relatives living in the United States, regardless of nationality, and requires several related actions: (1) promulgating regulations, in consultation with the Secretary of Homeland Security, to prevent exclusion from refugee status interviews based on close family ties to a U.S. citizen or lawful permanent resident, potential immigrant visa eligibility, or a pending U.S. admission application—and to permit simultaneous pursuit of refugee status and any eligible visa category; (2) requiring the Secretary of Homeland Security to notify eligible individuals of the option for separate travel, and to permit such travel upon meeting all refugee requirements, if a section 207 refugee application (8 U.S.C. 1157) is on hold for more than three months while family members have separate pending applications; and (3) developing a plan to equip each U.S. embassy and consulate to refer resettlement candidates to the U.S. Refugee Admissions Program (USRAP), including training for embassy personnel.
This section establishes Priority 3 (P-3) processing for family reunification of refugees in the U.S. Refugee Admissions Program (USRAP)—available to all nationalities, including stateless persons—to reunite immediate families separated while fleeing persecution. (As background, USRAP's P-3 category allows certain family members of refugees resettled in the U.S. to apply for refugee admission.) It specifies eligible U.S.-based Affidavit of Relationship (AOR) filers as lawful permanent residents or U.S. citizens who were previously admitted as refugees, asylees, or Afghan/Iraqi special immigrants; requires filers to be at least 18 years old and submit the AOR within five years of such admission or asylum grant; and authorizes the Secretary of State to reject AORs for public policy reasons (e.g., underage or plural marriages). Eligible family members include (1) spouses or permanent partners, (2) unmarried children under 21 years of age, and (3) parents; permits same-gender or other partners with evidence of a one-year overseas relationship that was ongoing, spousal-like, and legally unfeasible; allows derivatives for a principal's spouse/partner and unmarried children under 21; and authorizes case-by-case additions for those who shared a household and economic unit with exceptional humanitarian circumstances.
This section revises INA §207(c)(2) (8 U.S.C. 1157(c)(2)) to expand follow-to-join eligibility for family members of refugees admitted under §207 to include the spouse or permanent partner, child (as defined in INA §101(b)(1)), or parent or de facto guardian (as determined by the Department of Homeland Security Secretary) of such a child if accompanying or following to join the principal refugee and admissible as an immigrant (except as provided in §207(c)(3)). It specifies that such admissions are not charged against the refugee numerical limitation under §207(a) or (b); provides aging-out protection by classifying a parent of a refugee child as a parent even if the child turns 21 while the application is pending; treats the parent or de facto guardian of an unaccompanied refugee minor (admitted under specified INA §101(b)(1) provisions) as eligible under the new terms if the minor consents; and requires completion of screenings, background checks, and adjudication of follow-to-join applications not later than one year after filing (extendable only in exceptional national security circumstances after a preliminary determination of eligibility and applicant notification). (As background, INA §207 authorizes annual refugee admissions of persons of special humanitarian concern to the U.S., set by the President after consultation, with derivatives traditionally limited to spouses and unmarried children under 21.)