Part Eight: Miscellaneous Provisions Regarding Family-Immigration

Expands eligibility for K-visas to fiancé(e)s and spouses of LPRs and protects against children of the beneficiary “aging out.”

· Permits LPRs to file fiancé(e), or immigrant visa petitions (as a K-1 or K-3).

· Provides that, for purposes of both the visa petition and the subsequent adjustment application, the age of the dependent child of the beneficiary is determined at the time the petition is filed.

· For K-1 visas, establishes a six-month window following the marriage within which the visa holder must apply for adjustment of status.

· Eligibility for a waiver of inadmissibility isnot a bar to an application for adjustment.

· Effective on the date of enactment.

·Permits stepchild to be sponsored if under the age of 21 years (changed from 18).

· Allows child to be adopted if under the age of 18 (changed from 16) and harmonizes adoptions between Hague and Non-Hague Convention countries.

· Allows an alien whose U.S. citizen (USC) or Lawful Permanent Resident (LPR) relative died prior to the date of the enactment of the Act to file an immigrant petition based on that relationship within two years of the enactment of this Act.

· Permits adjudication of an immigrant visa if the qualifying relative on a visa petition dies prior to the completion of the immigrant visa processing. Visa can be adjudicated as if the death had not occurred. Visa issued prior to qualifying relative’s death remains valid after such death. Applies to an immediate relative, a family-sponsored immigrant, a derivative beneficiary of an employment-based immigrant, or the spouse or child of a refugee or asylee.

· Where qualifying relative died prior to enactment of this Act, provision –

  • Allows for a renewal of an application via filing a Motion to Reopen without fee, if the case was denied or revoked due to death of the petitioner;
  • Allows for consideration of the visa petition if the beneficiary was excluded, deported, removed or departed voluntarily, notwithstanding section 212(a)(9).

· Allows spouses of deceased USCs to apply for naturalization after three years of LPR status.

· Grants that if an alien would have been eligible for a waiver of inadmissibility but for the death of the qualifying relative, the alien’s eligibility for the waiver is preserved and the death will be considered the functional equivalent of hardship.

· Removes the requirement under 204(l) that the alien had to live within the U.S. at the time of the death of the qualifying relative and had to continue to live in the U.S.

· Allows for adjudication of an affidavit of support to be adjudicated for § 204(l) surviving relatives.

· Removes the requirement that the immediate relative petition be filed within two years of the death of the qualifying relative.

· Exempts any alien who has obtained the status of a § 204(l) surviving relative from the public charge ground of inadmissibility.

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