Page:United States Statutes at Large Volume 116 Part 2.djvu/145

 PUBLIC LAW 107-208—AUG. 6, 2002 116 STAT. 927 Public Law 107-208 107th Congress An Act 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 Aug. 6, 2002 age of the alien on the date the classification petition with respect to the alien fH R 1209] is filed, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. Child Status Protection Act. SECTION 1. SHORT TITLE. 8 USC 1101 note. This Act may be cited as the "Child Status Protection Act". SEC. 2. USE OF AGE ON PETITION FILING DATE, PARENT'S NATU- RALIZATION DATE, OR MARRIAGE TERMINATION DATE, IN DETERMINING STATUS AS IMMEDIATE RELATIVE. Section 201 of the Immigration and NationaUty Act (8 U.S.C. 1151) is amended by adding at the end the following: " (f) RULES FOR DETERMINING WHETHER CERTAIN ALIENS ARE IMMEDIATE RELATIVES.— "(1) AGE ON PETITION FILING DATE.—Except as provided in paragraphs (2) and (3), for purposes of subsection (b)(2)(A)(i), a determination of whether an alien satisfies the age requirement in the matter preceding subparagraph (A) of section 101(b)(1) shall be made using the age of the alien on the date on which the petition is filed with the Attorney General under section 204 to classify the alien as an immediate relative under subsection (b)(2)(A)(i). "(2) AGE ON PARENT'S NATURALIZATION DATE.—In the case of a petition under section 204 initially filed for an alien child's classification as a family-sponsored immigrant under section 203(a)(2)(A), based on the child's parent being lawfully admitted for permanent residence, if the petition is later converted, due to the naturalization of the parent, to a petition to classify the alien as an immediate relative under subsection (b)(2)(A)(i), the determination described in paragraph (1) shall be made using the age of the alien on the date of the parent's naturalization. " (3) AGE ON MARRIAGE TERMINATION DATE. —In the case of a petition under section 204 initially filed for an alien's classification as a family-sponsored immigrant under section 203(a)(3), based on the alien's being a married son or daughter of a citizen, if the petition is later converted, due to the legal termination of the alien's marriage, to a petition to classify the alien as an immediate relative under subsection (b)(2)(A)(i) or as an unmarried son or daughter of a citizen under section 203(a)(l), the determination described in paragraph (1) shall

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