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Bill107th CongressFiled Apr 2, 2001Immigration
S. 672

Child Status Protection Act

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What it doesSummary passed senate amended (Jun 13, 2002)

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.

What just happenedJun 17, 2002

Held at the desk.

Who’s behind it

Sen. Feinstein, Dianne [D-CA](D-CA)Sponsor
8 cosponsors4 D4 R
Read on Congress.gov
8cosponsors1committees14actions1amendments2related bills19subjects
  1. Jun 17, 2002FloorH15000

    Held at the desk.

  2. Jun 17, 2002FloorH14000

    Received in the House.

  3. Jun 17, 2002Floor

    Message on Senate action sent to the House.

  4. Jun 13, 2002Floor

    Passed Senate with an amendment by Unanimous Consent. (text: CR S5559-5560)

  5. Jun 13, 2002Floor17000

    Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.(text: CR S5559-5560)

  6. Jun 13, 2002Floor

    The committee substitute as amended agreed to by Unanimous Consent.

  7. Jun 13, 2002Floor

    Measure laid before Senate by unanimous consent. (consideration: CR S5558-5560; text of measure as reported in Senate: CR S5558-5559)

  8. May 16, 2002Calendars

    Placed on Senate Legislative Calendar under General Orders. Calendar No. 374.

  9. May 16, 2002Committee

    Committee on the Judiciary. Reported by Senator Leahy with an amendment in the nature of a substitute. Without written report.

    Judiciary Committee
  10. May 16, 2002Committee14000

    Committee on the Judiciary. Reported by Senator Leahy with an amendment in the nature of a substitute. Without written report.

    Judiciary Committee
  11. May 16, 2002Committee

    Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.

    Judiciary Committee
  12. Apr 2, 2001IntroReferral

    Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S3276)

    Judiciary Committee
  13. Apr 2, 2001IntroReferralB00100

    Sponsor introductory remarks on measure. (CR S3275-3276)

  14. Apr 2, 2001IntroReferral10000

    Introduced in Senate

Passed Senate amendedJun 13, 200235
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.

Reported to Senate with amendment(s)May 16, 200201
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.

Introduced in SenateApr 2, 200100
Child Status Protection Act - Amends the Immigration and Nationality Act to continue classifying as children certain aliens who become 21 years old during the pendency of a petition for family sponsored, employment based, or diversity immigration, or an application for asylum, which was filed prior to their attaining such age.

Provides similar status protection for immediate relatives not subject to certain numerical immigration limitations.