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be made using the age of the alien on the date of the termi
nation of the marriage.”. 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)(2)($) 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.". SEC. 4. USE OF AGE ON PARENT'S APPLICATION FILING DATE IN
DETERMINING ELIGIBILITY FOR ASYLUM. Section 208(b)(3) of the Immigration and Nationality Act (8 U.S.C. 1158(b)(3)) is amended to read as follows:
“(3) TREATMENT OF SPOUSE AND CHILDREN.
“(A) IN GENERAL.–A spouse or child (as defined in section 101(b)(1) (A), (B), (C), (D), or (E) of an alien who is granted asylum under this subsection may, if not otherwise eligible for asylum under this section, be granted the same status as the alien if accompanying, or following to join, such alien.
"(B) CONTINUED CLASSIFICATION OF CERTAIN ALIENS AS CHILDREN.—An unmarried alien who seeks to accompany, or follow to join, a parent granted asylum under this subsection, and who was under 21 years of age on the date on which such parent applied for asylum under this section, shall continue to be classified as a child for purposes of this paragraph and section 209(b)(3), if the alien attained 21 years of age after such application was filed but while
it was pending.”. SEC. 5. USE OF AGE ON PARENT'S APPLICATION FILING DATE IN
DETERMINING ELIGIBILITY FOR ADMISSION AS REF
(1) by striking "(2)” and inserting "(2)(A)"; and
(2) by adding at the end the following: “(B) An unmarried alien who seeks to accompany, or follow to join, a parent granted admission as a refugee under this subsection, and who was under 21 years of age on the date on which such parent applied for refugee status under this section, shall continue to be classified as a child for purposes of this paragraph, if the alien attained 21 years of age after such application was filed but while it was pending.”. SEC. 6. TREATMENT OF CLASSIFICATION PETITIONS FOR UNMARRIED
SONS AND DAUGHTERS OF NATURALIZED CITIZENS. Section 204 of the Immigration and Nationality Act (8 U.S.C. 1154) is amended by adding at the end the following:
“(k) PROCEDURES FOR UNMARRIED SONS AND DAUGHTERS OF CITIZENS.
“(1) IN GENERAL.-Except as provided in paragraph (2), in the case of a petition under this section initially filed for an alien unmarried son or daughter's classification as a familysponsored immigrant under section 203(a)(2)(B), based on a parent of the son or daughter being an alien lawfully admitted for permanent residence, if such parent subsequently becomes a naturalized citizen of the United States, such petition shall be converted to a petition to classify the unmarried son or daughter as a family-sponsored immigrant under section 203(a)(1).
“(2) EXCEPTION.—Paragraph (1) does not apply if the son or daughter files with the Attorney General a written statement that he or she elects not to have such conversion occur (or if it has occurred, to have such conversion revoked). Where such an election has been made, any determination with respect to the son or daughter's eligibility for admission as a familysponsored immigrant shall be made as if such naturalization had not taken place.
"(3) PRIORITY DATE.—Regardless of whether a petition is converted under this subsection or not, if an unmarried son or daughter described in this subsection was assigned a priority date with respect to such petition before such naturalization, he or she may maintain that priority date.
"(4) CLARIFICATION. This subsection shall apply to a peti- Applicability. tion if it is properly filed, regardless of whether it was approved
or not before such naturalization.”. SEC. 7. IMMIGRATION BENEFITS FOR CERTAIN ALIEN CHILDREN NOT
AFFECTED. Section 204(a)(1)(D) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(D)) is amended by adding at the end the following new clause:
“(iii) Nothing in the amendments made by the Child Status Protection Act shall be construed to limit or deny any right or benefit provided under this subparagraph.”. SEC. 8. EFFECTIVE DATE.
The amendments made by this Act shall take effect on the date of the enactment of this Act and shall apply to any alien who is a derivative beneficiary or any other beneficiary of
(1) a petition for classification under section 204 of the Immigration and Nationality Act (8 U.S.C. 1154) approved before such date but only if a final determination has not been made on the beneficiary's application for an immigrant visa or adjustment of status to lawful permanent residence pursuant to such approved petition;
(2) a petition for classification under section 204 of the Immigration and Nationality Act (8 U.S.C. 1154) pending on or after such date; or
(3) an application pending before the Department of Justice or the Department of State on or after such date.
Approved August 6, 2002.
LEGISLATIVE HISTORY-H.R. 1209 (S. 672):
Vol. 147 (2001): June 6, considered and passed House.
July 22, House concurred in Senate amendment.
Public Law 107-209 107th Congress
Aug. 6, 2002 [S.J. Res. 13]
Conferring honorary citizenship of the United States posthumously on Marie Joseph
Paul Yves Roche Gilbert du Motier, the Marquis de Lafayette.
four other occasions in more than 200 years of its independence,
honor not lightly conferred nor frequently granted; Whereas Marie Joseph Paul Yves Roche Gilbert du Motier, the
Marquis de Lafayette or General Lafayette, voluntarily put forth his own money and risked his life for the freedom of Americans; Whereas the Marquis de Lafayette, by an Act of Congress, was
voted to the rank of Major General; Whereas, during the Revolutionary War, General Lafayette was
wounded at the Battle of Brandywine, demonstrating bravery that forever endeared him
to the American soldiers; Whereas the Marquis de Lafayette secured the help of France
to aid the United States' colonists against Great Britain; Whereas the Marquis de Lafayette was conferred the honor of
honorary citizenship by the Commonwealth of Virginia and the
to address Congress, an honor which was accorded to him upon
his return to the United States in 1824; Whereas, upon his death, both the House of Representatives and
the Senate draped their chambers in black as a demonstration of respect and gratitude for his contribution to the independence
of the United States; Whereas an American flag has flown over his grave in France
since his death and has not been removed, even while France was occupied by Nazi Germany during World War II; and Whereas the Marquis de Lafayette gave aid to the United States
in her time of need and is forever a symbol of freedom: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That Marie Joseph Paul Yves Roche Gilbert du Motier, the Marquis de Lafayette, is proclaimed posthumously to be an honorary citizen of the United States of America.
Approved August 6, 2002.
LEGISLATIVE HISTORY—S.J. Res. 13:
Vol. 147 (2001): Dec. 18, considered and passed Senate.
July 24, Senate concurred in House amendments.