,,ii #aagth ,,congress #b;d ,session ,s4 #cgba ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #a1 #bjbb,mr4 ,durbin 7for himself1 ,mr4 ,leahy1 ,ms4 ,hirono1 ,ms4 ,cortez ,masto1 ,ms4 ,duckworth1 and ,mr4 ,padilla7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to amend the ,immigration and ,nationality ,act to end the immigrant visa backlog1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,resolving ,extended ,limbo for ,immigrant ,employees and ,families ,act or the ,,relief ,act4 #b4 ,numerical limitation to any single foreign state 7a7 ,in general ,section #bjb7;a77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeb7;a77#b77 is amended-- 7#a7 in the paragraph heading1 by striking and employment-based2 7#b7 by striking 7#c71 7#d71 and 7#e71 and inserting 7#c7 and 7#d712 7#c7 by striking subsections 7a7 and 7b7 of section #bjc and inserting section #bjc7;a72 7#d7 by striking #g and inserting #ae2 and 7#e7 by striking such subsections and inserting such section4 7b7 ,conforming amendments ,section #bjb of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeb7 is amended-- 7#a7 in subsection 7a77#c71 by striking both subsections 7a7 and 7b7 of section #bjc and inserting section #bjc7;a72 7#b7 by striking subsection 7a77#e72 and 7#c7 by amending subsection 7e7 to read as follows3 7e7 ,special rules for countries at ceiling ,if it is determined that the total number of immigrant visas made available under section #bjc7;a7 to natives of any single foreign state or dependent area will exceed the numerical limitation specified in subsection 7a77#b7 in any fiscal year1 in determining the allotment of immigrant visa numbers to natives under section #bjc7;a71 visa numbers with respect to natives of that state or area shall be allocated 7to the extent practicable and otherwise consistent with this section and section #bjc7 in a manner so that1 except as provided in subsection 7a77#d71 the proportion of the visa numbers made available under each of paragraphs 7#a7 through 7#d7 of section #bjc7;a7 is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section #bjc7;a74 4 7c7 ,country-,specific offset ,section #b of the ,chinese ,student ,protection ,act of #aiib 7#h ,u4,s4,c4 #abee note7 is amended-- 7#a7 in subsection 7a71 in the matter preceding paragraph 7#a71 by striking subsection 7e77 and inserting subsection 7d772 7#b7 by striking subsection 7d72 and 7#c7 by redesignating subsection 7e7 as subsection 7d74 7d7 ,effective date ,the amendments made by this section shall take effect as if enacted on ,september #cj1 #bjba1 and shall apply to fiscal years beginning with fiscal year #bjbb4 7e7 ,transition rules for employment-,based immigrants 7#a7 ,in general ,subject to the succeeding paragraphs of this subsection and notwithstanding title ,,ii of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaea et seq471 the following rules shall apply3 7,a7 ,for fiscal year #bjbb1 #ae percent of the immigrant visas made available under each of paragraphs 7#b71 7#c71 and 7#e7 of section #bjc7;b7 of such ,act 7#h ,u4,s4,c4 #aaec7;b77 shall be allotted to immigrants who are natives of a foreign state or dependent area that is not one of the two states with the largest aggregate numbers of natives who are beneficiaries of approved petitions for immigrant status under such paragraphs4 7,b7 ,for fiscal year #bjbc1 #aj percent of the immigrant visas made available under each of such paragraphs shall be allotted to immigrants who are natives of a foreign state or dependent area that is not one of the two states with the largest aggregate numbers of natives who are beneficiaries of approved petitions for immigrant status under such paragraphs4 7,c7 ,for fiscal year #bjbd1 #aj percent of the immigrant visas made available under each of such paragraphs shall be allotted to immigrants who are natives of a foreign state or dependent area that is not one of the two states with the largest aggregate numbers of natives who are beneficiaries of approved petitions for immigrant status under such paragraphs4 7#b7 ,per-country levels 7,a7 ,reserved visas ,with respect to the visas reserved under each of subparagraphs 7,a7 through 7,c7 of paragraph 7#a71 the number of such visas made available to natives of any single foreign state or dependent area in the appropriate fiscal year may not exceed #be percent 7in the case of a single foreign state7 or #b percent 7in the case of a dependent area7 of the total number of such visas4 7,b7 ,unreserved visas ,with respect to the immigrant visas made available under each of paragraphs 7#b71 7#c71 and 7#e7 of section #bjc7;b7 of such ,act 7#h ,u4,s4,c4 #aaec7;b77 and not reserved under paragraph 7#a71 for each of fiscal years #bjbb1 #bjbc1 and #bjbd1 not more than #he percent shall be allotted to immigrants who are natives of any single foreign state4 7#c7 ,special rule to prevent unused visas ,if1 with respect to fiscal year #bjbb1 #bjbc1 or #bjbd1 the operation of paragraphs 7#a7 and 7#b7 of this subsection would prevent the total number of immigrant visas made available under paragraph 7#b7 or 7#c7 of section #bjc7;b7 of such ,act 7#h ,u4,s4,c4 #aaec7;b77 from being issued1 such visas may be issued during the remainder of such fiscal year without regard to paragraphs 7#a7 and 7#b7 of this subsection4 7#d7 ,transition rule for currently approved beneficiaries 7,a7 ,in general ,notwithstanding section #bjb of the ,immigration and ,nationality ,act1 as amended by this ,act1 immigrant visas under section #bjc7;b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7;b77 shall be allocated such that no alien described in subparagraph 7,b7 receives a visa later than the alien otherwise would have received said visa had this ,act not been enacted4 7,b7 ,alien described ,an alien is described in this subparagraph if the alien is the beneficiary of a petition for an immigrant visa under section #bjc7;b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7;b77 that was approved prior to the date of enactment of this ,act4 7#e7 ,rules for chargeability ,section #bjb7;b7 of such ,act 7#h ,u4,s4,c4 #aaeb7;b77 shall apply in determining the foreign state to which an alien is chargeable for purposes of this subsection4 7#f7 ,ensuring availability of immigrant visas ,for each of fiscal years #bjbb through #bjbf1 notwithstanding sections #bja and #bjb of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaea1 #aaeb71 as amended by this ,act1 additional immigrant visas under section #bjc of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7 shall be made available and allocated-- 7,a7 such that no alien who is a beneficiary of a petition for an immigrant visa under such section #bjc receives a visa later than the alien otherwise would have received such visa had this ,act not been enacted2 and 7,b7 to permit all visas to be distributed in accordance with this section4 #c4 ,ending immigrant visa backlog 7a7 ,in general ,in addition to any immigrant visa made available under the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq471 as amended by this ,act1 subject to paragraphs 7#a7 and 7#b71 the ,secretary of ,state shall make immigrant visas available to-- 7#a7 aliens who are beneficiaries of petitions filed under subsection 7b7 of section #bjc of such ,act 7#h ,u4,s4,c4 #aaec7 before the date of the enactment of this ,act2 and 7#b7 aliens who are beneficiaries of petitions filed under subsection 7a7 of such section before the date of the enactment of this ,act4 7b7 ,allocation of visas ,the visas made available under this section shall be allocated as follows3 7#a7 ,employment-sponsored immigrant visas ,in each of fiscal years #bjbb through #bjbf1 the ,secretary of ,state shall allocate to aliens described in subsection 7a77#a7 a number of immigrant visas equal to #ae of the number of aliens described in such subsection the visas of whom have not been issued as of the date of the enactment of this ,act4 7#b7 ,family-sponsored immigrant visas ,in each of fiscal years #bjbb through #bjbf1 the ,secretary of ,state shall allocate to aliens described in subsection 7a77#b7 a number of immigrant visas equal to #ae of the difference between-- 7,a7 the number of aliens described in such subsection the visas of whom have not been issued as of the date of the enactment of this ,act2 and 7,b7 the number of aliens described in subsection 7a77#a74 7c7 ,order of issuance for previously filed applications ,the visas made available under this section shall be issued in accordance with section #bjb of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeb71 as amended by this ,act1 in the order in which the petitions under section #bjc of such ,act 7#h ,u4,s4,c4 #aaec7 were filed4 #d4 ,keeping ,american families together 7a7 ,reclassification of spouses and minor children of lawful permanent residents as immediate relatives and exemption of derivatives ,the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq47 is amended-- 7#a7 in section #bja7;b7 7#h ,u4,s4,c4 #aaea7;b77-- 7,a7 in paragraph 7#a71 by adding at the end the following3 7,f7 ,aliens who derive status under section #bjc7;d74 2 and 7,b7 by amending paragraph 7#b7 to read as follows3 7#b7 7,a7 ,immediate relatives ,aliens who are immediate relatives4 7,b7 ,definition of immediate relative ,in this paragraph1 the term immediate relative means-- 7i7 a child1 spouse1 or parent of a citizen of the ,united ,states1 except that in the case of such a parent such citizen shall be at least #ba years of age2 7ii7 a child or spouse of an alien lawfully admitted for permanent residence2 7iii7 a child or spouse of an alien described in clause 7i71 who is accompanying or following to join the alien2 7iv7 a child or spouse of an alien described in clause 7ii71 who is accompanying or following to join the alien2 7v7 an alien admitted under section #baa7;a7 on the basis of a prior issuance of a visa to the alien's accompanying parent who is an immediate relative2 and 7vi7 an alien born to an alien lawfully admitted for permanent residence during a temporary visit abroad4 7,c7 ,treatment of spouse and children of deceased citizen or lawful permanent resident ,if an alien who was the spouse or child of a citizen of the ,united ,states or of an alien lawfully admitted for permanent residence and was not legally separated from the citizen or lawful permanent resident at the time of the citizen's or lawful permanent resident's death files a petition under section #bjd7;a77#a77;,b71 the alien spouse 7and each child of the alien7 shall remain1 for purposes of this paragraph1 an immediate relative during the period beginning on the date of the citizen's or permanent resident's death and ending on the date on which the alien spouse remarries4 7,d7 ,protection of victims of abuse ,an alien who has filed a petition under clause 7iii7 or 7iv7 of section #bjd7;a77#a77;,a7 shall remain1 for purposes of this paragraph1 an immediate relative if the ,united ,states citizen or lawful permanent resident spouse or parent loses ,united ,states citizenship on account of the abuse4 2 and 7#b7 in section #bjc7;a7 7#h ,u4,s4,c4 #aaec7;a77-- 7,a7 in paragraph 7#a71 by striking #bc1djj and inserting #aaa1ccd2 and 7,b7 by amending paragraph 7#b7 to read as follows3 7#b7 ,unmarried sons and unmarried daughters of lawful permanent residents ,qualified immigrants who are the unmarried sons or unmarried daughters 7but are not the children7 of aliens lawfully admitted for permanent residence shall be allocated visas in a number not to exceed #bf1bff1 plus-- 7,a7 the number of visas by which the worldwide level exceeds #bbf1jjj2 and 7,b7 the number of visas not required for the class specified in paragraph 7#a74 4 7b7 ,protecting children from aging out ,section #bjc7;h7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7;h77 is amended-- 7#a7 by amending paragraph 7#a7 to read as follows3 7#a7 ,in general ,for purposes of subsection 7d71 a determination of whether an alien satisfies the age requirement in the matter preceding subparagraph 7,a7 of section #aja7;b77#a7 shall be made using the age of the alien on the date on which the petition is filed with the ,secretary of ,homeland ,security under section #bjd4 2 7#b7 by amending paragraph 7#b7 to read as follows3 7#b7 ,petitions described ,a petition described in this paragraph is a petition filed under section #bjd for classification of-- 7,a7 the alien's parent under subsection 7a71 7b71 or 7c72 or 7,b7 the alien as an immediate relative based on classification as a child of-- 7i7 a citizen of the ,united ,states2 or 7ii7 a lawful permanent resident4 2 7#c7 in paragraph 7#c71 by striking subsections 7a77#b77;,a7 and and inserting subsection2 and 7#d7 by adding at the end the following3 7#e7 ,treatment for nonimmigrant categories purposes ,an alien dependent treated as a child for immigrant visa purposes under this subsection shall be treated as a dependent child for nonimmigrant categories4 4 7c7 ,conforming amendments 7#a7 ,definitions ,section #aja7;a77#ae77,k77ii7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77,k77ii77 is amended by striking section #bja7;b77#b77;,a77i7 and inserting section #bja7;b77#b7 7other than clause 7v7 or 7vi7 of subparagraph 7,b774 7#b7 ,rules for determining whether certain aliens are immediate relatives ,section #bja7;f7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaea7;f77 is amended-- 7,a7 in paragraph 7#a71 by striking paragraphs 7#b7 and 7#c71 and inserting paragraph 7#b712 7,b7 by striking paragraph 7#b72 7,c7 by redesignating paragraphs 7#c7 and 7#d7 as paragraphs 7#b7 and 7#c71 respectively2 and 7,d7 in paragraph 7#c71 as so redesignated1 by striking through 7#c7 and inserting and 7#b74 7#c7 ,per country level ,section #bjb7;a77#a77;,a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeb7;a77#a77;,a77 is amended by striking section #bja7;b77#b77;,a77i7 and inserting section #bja7;b77#b7 7other than clause 7v7 or 7vi7 of subparagraph 7,b774 7#d7 ,numerical limitation to any single foreign state ,section #bjb7;a77#d7 7#h ,u4,s4,c4 #aaeb7;a77#d77 is amended-- 7,a7 by striking subparagraphs 7,a7 and 7,b72 7,b7 by redesignating subparagraphs 7,c7 and 7,d7 as subparagraphs 7,a7 and 7,b71 respectively2 and 7,c7 in subparagraph 7,a71 as so redesignated-- 7i7 by striking the undesignated matter following clause 7ii72 7ii7 by striking clause 7ii72 7iii7 in clause 7i71 by striking 1 or and inserting a period2 and 7iv7 in the matter preceding clause 7i71 by striking section #bjc7;a77#b77;,b7 may not exceed and all that follows through #bc percent in clause 7i7 and inserting section #bjc7;a77#b7 may not exceed #bc percent4 7#e7 ,procedures for granting immigrant status ,section #bjd of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaed7 is amended-- 7,a7 in subsection 7a7-- 7i7 in paragraph 7#a7-- 7,i7 in subparagraph 7,a7-- 7aa7 in clause 7i71 by striking section #bja7;b77#b77;,a77i7 and inserting clause 7i7 or 7ii7 of section #bja7;b77#b77;,b72 7bb7 in clause 7ii71 by striking the second sentence of section #bja7;b77#b77;,a77i7 and inserting section #bja7;b77#b77;,c72 7cc7 by amending clause 7iii7 to read as follows3 7iii7 7,i7 ,an alien who is described in clause 7ii7 may file a petition with the ,secretary of ,homeland ,security under this subparagraph for classification of the alien 7and any child of the alien7 if the alien demonstrates to the ,secretary that-- 7aa7 the marriage or the intent to marry the citizen of the ,united ,states or lawful permanent resident was entered into in good faith by the alien2 and 7bb7 during the marriage or relationship intended by the alien to be legally a marriage1 the alien or a child of the alien has been battered or has been the subject of extreme cruelty perpetrated by the alien's spouse or intended spouse4 7,,ii7 ,for purposes of subclause 7,i71 an alien described in this subclause is an alien-- 7aa7 7,,aa7 who is the spouse of a citizen of the ,united ,states or lawful permanent resident2 7,,bb7 who believed that he or she had married a citizen of the ,united ,states or lawful permanent resident and with whom a marriage ceremony was actually performed and who otherwise meets any applicable requirements under this ,act to establish the existence of and bona fides of a marriage1 but whose marriage is not legitimate solely because of the bigamy of such citizen of the ,united ,states or lawful permanent resident2 or 7,,cc7 who was a bona fide spouse of a citizen of the ,united ,states or a lawful permanent resident within the past #b years and whose spouse died within the past #b years1 whose spouse renounced citizenship status or renounced or lost status as a lawful permanent resident within the past #b years related to an incident of domestic violence1 or who demonstrates a connection between the legal termination of the marriage within the past #b years and battering or extreme cruelty by a spouse who is a citizen of the ,united ,states or a lawful permanent resident spouse2 7bb7 who is a person of good moral character2 7cc7 who is eligible to be classified as an immediate relative under section #bja7;b77#b77;,b7 or who would have been so classified but for the bigamy of the citizen of the ,united ,states or lawful permanent resident that the alien intended to marry2 and 7dd7 who has resided with the alien's spouse or intended spouse4 2 7dd7 by amending clause 7iv7 to read as follows3 7iv7 ,an alien who is the child of a citizen or lawful permanent resident of the ,united ,states1 or who was a child of a ,united ,states citizen or lawful permanent resident parent who within the past #b years lost or renounced citizenship status related to an incident of domestic violence1 and who is a person of good moral character1 who is eligible to be classified as an immediate relative under section #bja7;b77#b77;,b71 and who resides1 or has resided in the past1 with the citizen or lawful permanent resident parent may file a petition with the ,secretary of ,homeland ,security under this subparagraph for classification of the alien 7and any child of the alien7 under such section if the alien demonstrates to the ,secretary that the alien has been battered by or has been the subject of extreme cruelty perpetrated by the alien's citizen or lawful permanent resident parent4 ,for purposes of this clause1 residence includes any period of visitation4 2 and 7ee7 in clause 7v77,i71 in the matter preceding item 7aa71 by inserting or lawful permanent resident after citizen2 7ff7 in clause 7vi71 by striking renunciation of citizenship and all that follows through citizenship status and inserting renunciation of citizenship or lawful permanent resident status1 death of the abuser1 divorce1 or changes to the abuser's citizenship or lawful permanent resident status2 and 7gg7 in clause 7vii71 by striking section #bja7;b77#b77;,a77i7 each place it appears and inserting section #bja7;b77#b77;,b72 7,,ii7 by amending subparagraph 7,b7 to read as follows3 7,b7 7i7 7,i7 ,except as provided in subclause 7,,ii71 any alien lawfully admitted for permanent residence claiming that an alien is entitled to a classification by reason of the relationship described in section #bjc7;a77#b7 may file a petition with the ,attorney ,general for such classification4 7,,ii7 ,subclause 7,i7 shall not apply in the case of an alien lawfully admitted for permanent residence who has been convicted of a specified offense against a minor 7as defined in subparagraph 7,a77viii77,,ii771 unless the ,secretary of ,homeland ,security1 in the ,secretary's sole and unreviewable discretion1 determines that such person poses no risk to the alien with respect to whom a petition described in subclause 7,i7 is filed4 7ii7 ,an alien who was the child of a lawful permanent resident who within the past #b years lost lawful permanent resident status due to an incident of domestic violence1 and who is a person of good moral character1 who is eligible for classification under section #bjc7;a77#b71 and who resides1 or has resided in the past1 with the alien's permanent resident alien parent may file a petition with the ,secretary of ,homeland ,security under this subparagraph for classification of the alien 7and any child of the alien7 under such section if the alien demonstrates to the ,secretary that the alien has been battered by or has been the subject of extreme cruelty perpetrated by the alien's permanent resident parent4 7iii7 7,i7 ,for purposes of a petition filed or approved under clause 7ii71 the loss of lawful permanent resident status by a parent after the filing of a petition under that clause shall not adversely affect approval of the petition1 and for an approved petition1 shall not affect the alien's ability to adjust status under subsections 7a7 and 7c7 of section #bde or obtain status as a lawful permanent resident based on an approved self-petition under clause 7ii74 7,,ii7 ,upon the lawful permanent resident parent becoming or establishing the existence of ,united ,states citizenship through naturalization1 acquisition of citizenship1 or other means1 any petition filed with the ,secretary of ,homeland ,security and pending or approved under clause 7ii7 on behalf of an alien who has been battered or subjected to extreme cruelty shall be deemed reclassified as a petition filed under subparagraph 7,a7 even if the acquisition of citizenship occurs after the termination of parental rights4 2 and 7,,iii7 in subparagraph 7,d77i77,i71 by striking paragraph 7#a71 7#b71 or 7#c7 and inserting paragraph 7#a7 or 7#c72 and 7ii7 in paragraph 7#b7-- 7,i7 by striking spousal second preference petition each place it appears and inserting petition for the spouse of an alien lawfully admitted for permanent residence2 and 7,,ii7 in the undesignated matter following subparagraph 7,a77ii71 by striking preference status under section #bjc7;a77#b7 and inserting classification as an immediate relative under section #bja7;b77#b77;,b77ii72 7,b7 in subsection 7c77#a71 by striking or preference status2 and 7,c7 in subsection 7k77#a71 by striking #bjc7;a77#b77;,b7 and inserting #bjc7;a77#b74 7#f7 ,excludable aliens ,section #bab7;d77#ab77;,b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;d77#ab77;,b77 is amended by striking section #bja7;b77#b77;,a7 and inserting section #bja7;b77#b7 7other than subparagraph 7,b77vi774 7#g7 ,admission of nonimmigrants ,section #bad7r77#c77;,a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7r77#c77;,a77 is amended by striking section #bja7;b77#b77;,a77i7 and inserting section #bja7;b77#b7 7other than clause 7v7 or 7vi7 of subparagraph 7,b774 7#h7 ,definition of alien spouse ,section #baf7;h77#a77;,a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahf;a7h77#a77;,a77 is amended by inserting or an alien lawfully admitted for permanent residence after ,united ,states4 7#i7 ,refugee ,crisis in ,iraq ,act of #bjjg ,section #abdc7;a77#d7 of the ,refugee ,crisis in ,iraq ,act of #bjjg 7,public ,law #aaj-aah2 #h ,u4,s4,c4 #aaeg note7 is amended by striking section #bja7;b77#b77;,a77i7 and inserting section #bja7;b77#b7 7other than clause 7v7 or 7vi7 of subparagraph 7,b774 7#aj7 ,processing of visa applications ,section #bcc7;b77#a7 of the ,department of ,state ,authorization ,act1 ,fiscal ,year #bjjc 7,public ,law #ajg-bbh2 #h ,u4,s4,c4 #abja note7 is amended by striking section #bja7;b77#b77;,a77i7 and inserting section #bja7;b77#b7 7other than clause 7v7 or 7vi7 of subparagraph 7,b774