110th CONGRESS
1st Session
H. R. 938
To amend the Immigration and Nationality Act to make changes related
to family-sponsored immigrants and to reduce the number of such immigrants.
IN THE HOUSE OF REPRESENTATIVES
February 8, 2007
Mr. GINGREY (for himself, Mr. GOODE, Mr. BURTON of Indiana, Mr. NORWOOD,
Mr. ALEXANDER, Mr. AKIN, Mr. SULLIVAN, Mr. JONES of North Carolina, and
Mr. DUNCAN) introduced the following bill; which was referred to the Committee
on the Judiciary
A BILL
To amend the Immigration and Nationality Act to make changes related
to family-sponsored immigrants and to reduce the number of such immigrants.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Nuclear Family Priority Act'.
SEC. 2. CHANGE IN FAMILY-SPONSORED IMMIGRANT CATEGORIES.
Section 203(a) of the Immigration and Nationality Act (8 U.S.C. 1153(a))
is amended to read as follows:
`(a) Preference Allocation for Spouses and Children of Permanent Resident
Aliens- Qualified immigrants who are the spouses or children of an alien
lawfully admitted for permanent residence shall be allotted visas in a number
not to exceed the worldwide level specified in section 201(c).'.
SEC. 3. CHANGE IN WORLDWIDE LEVEL OF FAMILY-SPONSORED IMMIGRANTS.
Section 201(c) of the Immigration and Nationality Act (8 U.S.C. 1151(c))
is amended--
(1) by amending paragraph (1) to read as follows:
`(1) The worldwide level of family-sponsored immigrants under this subsection
for a fiscal year is equal to--
`(B) the number computed under paragraph (2).';
(2) by striking paragraphs (2), (3), and (5); and
(3) by redesignating paragraph (4) as paragraph (2).
SEC. 4. CONFORMING AMENDMENTS.
(a) Numerical Limitation to Any Single Foreign State- Section 202 of the
Immigration and Nationality Act (8 U.S.C. 1152) is amended--
(1) in subsection (a)(4)--
(A) by amending subparagraphs (A) and (B) to read as follows:
`(A) 75 PERCENT OF FAMILY-SPONSORED IMMIGRANTS NOT SUBJECT TO PER COUNTRY
LIMITATION- Of the visa numbers made available under section 203(a)
in any fiscal year, 75 percent shall be issued without regard to the
numerical limitation under paragraph (2).
`(B) TREATMENT OF REMAINING 25 PERCENT FOR COUNTRIES SUBJECT TO SUBSECTION
(e)-
`(i) IN GENERAL- Of the visa numbers made available under section
203(a) in any fiscal year, the remaining 25 percent shall be available,
in the case of a foreign state or dependent area that is subject to
subsection (e) only to the extent that the total number of visas issued
in accordance with subsection (A) to natives of the foreign state
or dependent area is less than the subsection (e) ceiling (as defined
in clause (ii)).
`(ii) SUBSECTION (E) CEILING DEFINED- In clause (i), the term `subsection
(e) ceiling' means, for a foreign state or dependent area, 77 percent
of the maximum number of visas that may be made available under section
203(a) to immigrants who are natives of the state or area consistent
with subsection (e).'; and
(B) by striking subparagraphs (C) and (D); and
(A) in paragraph (1), by adding `and' at the end;
(B) by striking paragraph (2) and redesignating paragraph (3) as paragraph
(2); and
(C) in the final sentence, by striking `respectively,' and all that
follows through the period at the end and inserting `respectively.'.
(b) Rules for Determining Whether Certain Aliens Are Children- Section 203(h)
of the Immigration and Nationality Act (8 U.S.C. 1153(h)) is amended by
striking `(a)(2)(A)' each place such term appears and inserting `(a)'.
(c) Procedure for Granting Immigrant Status- Section 204 of the Immigration
and Nationality Act (8 U.S.C. 1154) is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (A)(i), by striking `to classification by reason
of a relationship described in paragraph (1), (3), or (4) of section
203(a) or';
(B) in subparagraph (B), by striking `203(a)(2)(A)' and `203(a)(2)'
each place such terms appear and inserting `203(a)'; and
(C) in subparagraph (D)(i)(I), by striking `a petitioner for preference
status under paragraph (1), (2), or (3)' and all that follows through
the period at the end and inserting `an individual under 21 years of
age for purposes of adjudicating such petition and for purposes of admission
as an immediate relative under section 201(b)(2)(A)(i) or a family-sponsored
immigrant under section 203(a), as appropriate, notwithstanding the
actual age of the individual.';
(2) in subsection (f)(1), by striking `201(b), 203(a)(1), or 203(a)(3),
as appropriate.' and inserting `201(b).'; and
(3) by striking subsection (k).
(d) Waivers of Inadmissibility- Section 212(d)(11) of the Immigration and
Nationality Act (8 U.S.C. 1182(d)(11)) is amended by striking `(other than
paragraph (4) thereof)'.
(e) Conditional Permanent Resident Status for Certain Alien Spouses and
Sons and Daughters- Section 216(g)(1)(C) of the Immigration and Nationality
Act (8 U.S.C. 1186a(g)(1)(C)) is amended by striking `203(a)(2)' and inserting
`203(a)'.
(f) Classes of Deportable Aliens- Section 237(a)(1)(E)(ii) of the Immigration
and Nationality Act (8 U.S.C. 1227(a)(1)(E)(ii)) is amended by striking
`203(a)(2)' and inserting `203(a)'.
SEC. 5. EFFECTIVE DATE; APPLICABILITY.
The amendments made by this Act shall take effect on the first day of the
second fiscal year that begins after the date of the enactment of this Act,
except that the following shall be considered invalid:
(1) Any petition under section 204 of the Immigration and Nationality
Act (8 U.S.C. 1154) seeking classification of an alien under a family-sponsored
immigrant category eliminated by the amendments made by this Act that
is filed after the date of the introduction of this Act.
(2) Any application for an immigrant visa based on a petition described
in paragraph (1).
END
