H R 1209 in Congressional Session 107

Official Summary

 

Bill Number : H R 1209

 

Title : 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.

 

SUMMARY AS OF:
6/13/2002--Passed Senate amended.    (There are 4 other summaries) Child Status Protection Act - Amends the Immigration and Nationality Act to provide that the determination of whether an unmarried alien son or daughter of a U.S. citizen is considered an "immediate relative child" (under 21 years old) shall be made at the time an immigration visa petition is filed for such classification on his or her behalf. (Under existing law unmarried children may apply for immigrant status as immediate relatives without numerical limitation.)Makes similar determinations in the case of: (1) permanent resident parents who subsequently naturalize after having filed family-sponsored immigration petitions for a son or daughter (age determination at time of parents' naturalization); or (2) citizen parents who filed family-sponsored immigration petitions for a married son or daughter and such son or daughter later divorces (age determination at time of divorce).

(Sec. 3)

States that with respect to an unmarried son or daughter seeking status as family-sponsored, employment-based, or diversity "child" (unmarried, under 21 years old) immigrant: (1) such an alien's age will be determined using the age of the alien on the date on which an immigrant visa becomes available reduced by the number of days in which the petition was pending; and (2) if the alien's age is determined to be 21 years or older the original (pre-21 years old) priority date shall be retained.

(Sec. 4)

States that a son or daughter who was unmarried and under 21 years old when the parent applied for asylee or refugee status shall retain such "child" classification during the pendency of the asylee or refugee application.

(Sec. 6)

Provides that the family-sponsored petition of an unmarried alien son or daughter whose permanent resident alien parent subsequently becomes a naturalized U.S. citizen shall be converted to a petition for an unmarried son or daughter of a U.S. citizen, unless the son or daughter elects otherwise. States that any petition priority date assigned prior to such naturalization may be maintained regardless of whether or not the petition is converted.

(Sec. 7)

States that nothing in this Act shall be construed to limit or deny specified benefits for alien children.

(Sec. 8)

States that the amendments made by this Act shall take effect upon enactment of this Act and shall apply to an alien beneficiary of: (1) an immigrant petition approved but not with a final determination prior to such date; (2) a petition pending on or after such date; or (3) an application pending before the Department of Justice or Department of State on or after such date.

Votes

Title : 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.
Votes in the US Senate
This Bill was not Voted in the US Senate
Votes in the US House
Roll NumberVote DateQuestionDescriptionVote Result
1522001-06-06On Motion to Suspend the Rules and Pass, As Amended Child Status Protection ActP

Sponsors

 
Congressional Sponsors of H R 1209
 
Bill Number : H R 1209
Title : 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.
Sponsor: Rep Gekas, George W. [PA-17] (introduced 3/26/2001)      
ALPHABETICAL [followed by Cosponsors withdrawn]:     (Sort: by date)

    Rep Jackson-Lee, Sheila [TX-18] - 3/26/2001

Other Info

Bill Number : H R 1209
Title : 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.
 
 
ALL ACTIONS:
 
3/26/2001:Referred to the House Committee on the Judiciary.
 
4/4/2001:Committee Consideration and Mark-up Session Held.
 
4/4/2001:Ordered to be Reported by Voice Vote.
 
4/3/2001 2:25pm:Mr. Sensenbrenner asked unanimous consent that the Committee on Judiciary have until 6:00 p.m. on April 20 to file a report on H.R. 1209. Agreed to without objection.
 
4/20/2001 5:23pm:Reported by the Committee on Judiciary. H. Rept. 107-45. Filed late, pursuant to previous special order.
 
4/20/2001 5:23pm:Placed on the Union Calendar, Calendar No. 28.
 
6/6/2001 10:51am:Mr. Sensenbrenner moved to suspend the rules and pass the bill, as amended.
 
6/6/2001 10:52am:Considered under suspension of the rules. (consideration: CR H2901-2903)
 
6/6/2001 10:52am:DEBATE - The House proceeded with forty minutes of debate on H.R. 1209.
 
6/6/2001 11:03am:At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
 
6/6/2001 11:37am:Considered as unfinished business. (consideration: CR H2907-2908)
 
6/6/2001 12:01pm:Motion to reconsider laid on the table Agreed to without objection.
 
6/6/2001 12:01pm:On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 416 - 0 (Roll no. 152). (text: CR H2901)
 
6/7/2001:Received in the Senate and Read twice and referred to the Committee on the Judiciary.
 
5/16/2002:Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.
 
5/16/2002:Committee on the Judiciary. Reported by Senator Leahy with an amendment in the nature of a substitute. Without written report.
 
5/16/2002:Placed on Senate Legislative Calendar under General Orders. Calendar No. 377.
 
6/13/2002:Measure laid before Senate by unanimous consent. (consideration: CR S5560-5561; text of measure as reported in Senate: CR S5560)
 
6/13/2002:The committee substitute as amended agreed to by Unanimous Consent.
 
6/13/2002:Passed Senate with an amendment by Unanimous Consent.
 
6/17/2002:Message on Senate action sent to the House.
 
7/22/2002 2:15pm:Mr. Sensenbrenner moved that the House suspend the rules and agree to the Senate amendment. (consideration: CR H4989-4992)
 
7/22/2002 2:15pm:DEBATE - The House proceeded with forty minutes of debate on the motion to suspend the rules and agree to the Senate amendment to H.R. 1209.
 
7/22/2002 2:25pm:On motion that the House suspend the rules and agree to the Senate amendment Agreed to by voice vote. (text: CR H4989-4990)
 
7/22/2002 2:25pm:Motion to reconsider laid on the table Agreed to without objection.
 
7/22/2002:Cleared for White House.
 
7/30/2002:Presented to President.
 
8/6/2002:Signed by President.
 
8/6/2002:Became Public Law No: 107-208.