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Dear Editor:
With reference to the letter of Mr. Gopal Khadgi in the Immigrants' Weekly, it seems that he has forgotten to include in his letter the concerned section of the bill, which he described in his letter. So, may I take this liberty to describe below the Section 3 of the "Child Status Protection Bill" , which was passed by the House of Representatives also recently ? It seems that this bill is very important and should be regarded to be just and fair with respect to the children of the LPRs, in whose behalf petition was filed for immigrant visa when they were 21 years of age. I am certain that this bill will include the children of the LPRs also, whose preference category has been changed from F2A to F2B due to aging out by their turning 21.
"SEC. 3. TREATMENT OF CERTAIN UNMARRIED SONS AND DAUGHTERS SEEKING STATUS AS
FAMILY-SPONSORED, EMPLOYMENT-BASED, AND DIVERSITY IMMIGRANTS.
Section 203 of the Immigration and Nationality Act (8 U.S.C. 1153) is amended by adding at the end the following:
``(h) Rules for Determining Whether Certain Aliens Are Children.--
``(1) In general.--For purposes of subsections (a)(2)(A) and (d), 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--
"(A) the age of the alien on the date on which an immigrant visa number becomes available for such alien (or, in the case of
subsection (d), the date on which an immigrant visa number became available for the alien's parent), but
only if the alien has sought to acquire the status of an alien lawfully admitted for permanent residence within one
year of such availability; reduced by
"(B) the number of days in the period during which the applicable petition described in paragraph (2) was pending.
``(2) Petitions described.--The petition described in this paragraph is--
``(A) with respect to a relationship described in subsection (a)(2)(A), a petition filed under section 204 for
classification of an alien child under subsection (a)(2)(A); or
``(B) with respect to an alien child who is a derivative beneficiary under subsection (d), a petition filed under
section 204 for classification of the alien's parent under subsection (a), (b), or (c).
``(3) Retention of priority date.--If the age of an alien is determined under paragraph (1) to be 21 years of age or
older for the purposes of subsections (a)(4) and (d), the alien's petition shall automatically be converted to the
appropriate category and the alien shall retain the original priority date issued upon receipt of the original
petition.''.
Thanking you,
S.S.
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