Uniting Families Act of 2021
This bill establishes a nonimmigrant visa category for the adult alien children of a U.S. citizen who served in the Armed Forces.
To obtain a visa, the alien's citizen parent must petition and receive approval from the Department of Homeland Security. The petition shall include (1) DNA evidence establishing the parent-child relationship, (2) a written statement that the parent will provide financial support until the alien receives lawful permanent resident status, and (3) proof of the parent's U.S. citizenship and active duty with the Armed Forces abroad.
If the parent is deceased, an adult sibling of the alien may file the petition if the sibling is capable of providing financial support until the alien receives lawful permanent status. Such a petition must include evidence that the petitioner and the alien are siblings, such as birth certificates showing at least one common parent.
The period of authorized admission for aliens with the visa is five years, and 5,000 principal aliens may be admitted each fiscal year. Holders of such a visa may adjust to lawful permanent resident status after meeting various requirements, such as being admissible as an immigrant.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4522 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 4522
To amend the Immigration and Nationality Act to provide for the
admission of certain sons and daughters of citizens of the United
States, which citizens served on active duty in the Armed Forces of the
United States abroad, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 19, 2021
Mr. Kind (for himself and Mr. Fitzpatrick) introduced the following
bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Immigration and Nationality Act to provide for the
admission of certain sons and daughters of citizens of the United
States, which citizens served on active duty in the Armed Forces of the
United States abroad, and for other purposes.
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 ``Uniting Families Act of 2021''.
SEC. 2. ADMISSION OF CERTAIN SONS AND DAUGHTERS OF CITIZENS OF THE
UNITED STATES WHO SERVED IN THE ARMED FORCES.
(a) Classification as a Nonimmigrant.--Section 101(a)(15) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) is amended--
(1) in subparagraph (U), by striking ``or'' at the end;
(2) in subparagraph (V), by striking the period at the end
and inserting ``; or''; and
(3) by inserting after subparagraph (V) the following:
``(W) subject to section 214(s), an alien who--
``(i) is 18 years of age or older and is
the son or daughter of a citizen of the United
States, which citizen served on active duty in
the Armed Forces of the United States abroad;
or
``(ii) is the spouse or child of an alien
described in clause (i) and is accompanying, or
following to join, the alien.''.
(b) Requirements for Admission.--Section 214 of the Immigration and
Nationality Act (8 U.S.C. 1184) is amended by adding at the end the
following:
``(s)(1) Subject to paragraph (3), a visa shall not be issued under
section 101(a)(15)(W) until a petition has been filed in the United
States by the citizen parent of the visa applicant and approved by the
Secretary of Homeland Security.
``(2) Subject to paragraph (3), the petition shall be in such form
and contain such information as the Secretary of Homeland Security
shall prescribe, and shall include the following information:
``(A) DNA evidence that establishes that the beneficiary is
the genetic child of the petitioner.
``(B) An agreement in writing that the parent will provide
financial support for the beneficiary until the beneficiary's
status is adjusted to the status of an alien lawfully admitted
for permanent residence.
``(C) Information that establishes that the petitioner--
``(i) is a citizen of the United States; and
``(ii) served on active duty in the Armed Forces of
the United States abroad.
``(3)(A) In a case in which the citizen parent who served on active
duty in the Armed Forces of the United States abroad is deceased, the
petition described in paragraph (1) may be filed by a sibling of the
visa applicant if the sibling--
``(i) is 18 years of age or older;
``(ii) is a citizen of the United States; and
``(iii) is capable of providing financial support for the
visa applicant until the applicant's status is adjusted to the
status of an alien lawfully admitted for permanent residence.
``(B) Such a petition shall be in such form and contain such
information as the Secretary of Homeland Security shall prescribe, and
shall include the following information:
``(i) Evidence that establishes that the beneficiary is the
child of a citizen of the United States who served on active
duty in the Armed Forces of the United States abroad.
``(ii) Evidence that establishes the sibling relationship,
such as--
``(I) birth certificates showing at least one
common parent;
``(II) marriage certificates, in a case where the
siblings have a common father but different mothers;
``(III) other appropriate evidence specified by the
Secretary of Homeland Security, in a case in where the
siblings are related through adoption or a stepparent;
and
``(IV) additional information proving the sibling
relationship specified by the Secretary of Homeland
Security.
``(iii) An agreement in writing that the sibling will
provide financial support for the beneficiary until the
beneficiary's status is adjusted to the status of an alien
lawfully admitted for permanent residence.
``(4) The period of authorized admission for an alien admitted to
the United States as a nonimmigrant under section 101(a)(15)(W) shall
be 5 years, which may be extended for one additional 2-year period.
``(5) The total number of principal aliens who may be admitted
under section 101(a)(15)(W) during any fiscal year may not exceed
5,000.''.
(c) Adjustment of Status.--Section 245 of the Immigration and
Nationality Act (8 U.S.C. 1255) is amended by adding at the end the
following:
``(n)(1) The Secretary of Homeland Security may adjust the status
of an alien admitted to the United States as a nonimmigrant under
section 101(a)(15)(W) to that of an alien lawfully admitted for
permanent residence if the alien--
``(A) is admissible to the United States as an immigrant;
and
``(B) satisfies the requirements under section 312, unless
the alien is a child described in section 101(a)(15)(W)(ii) who
is under the age of 18.
``(2) The numerical limitations of sections 201 and 202 shall not
apply to the adjustment of aliens to lawful permanent resident status
under this subsection.''.
(d) Naturalization.--Section 312(b) of the Immigration and
Nationality Act (8 U.S.C. 1423(b)) is amended by inserting at the end
the following:
``(4) The requirements of subsection (a) shall not apply to
any person who has satisfied such requirements under section
245(n)(1)(B).''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Immigration and Citizenship.
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