To apply the amendments made by the Child Citizenship Act of 2000 retroactively to all individuals adopted by a citizen of the United States in an international adoption and to repeal the pre-adoption parental visitation requirement for automatic citizenship and to amend section 320 of the Immigration and Nationality Act relating to automatic citizenship for children born outside of the United States who have a United States citizen parent.
What it does: Adds SEC. 2554. UNITED STATES CITIZENSHIP FOR INTERNATIONALLY ADOPTED INDIVIDUALS on page 1300, between lines 11 and 12What it changes
1 change to S. 744
Adds SEC. 2554. UNITED STATES CITIZENSHIP FOR INTERNATIONALLY ADOPTED INDIVIDUALS on page 1300, between lines 11 and 12
Adds a sectionPrinted pageInserted: SEC. 2554. UNITED STATES CITIZENSHIP FOR INTERNATIONALLY ADOPTED INDIVIDUALS.
Inserted: (a) Automatic Citizenship.--Section 104 of the Child Citizenship Act of 2000 (Public Law 106-395; 8 U.S.C. 1431 note) is amended to read as follows:
Inserted: "SEC. 104. APPLICABILITY.
Inserted: "The amendments made by this title shall apply to any individual who satisfies the requirements under section 320 or 322 of the Immigration and Nationality Act, regardless of the date on which such requirements were satisfied.".
Inserted: (b) Modification of Preadoption Visitation Requirement.--Section 101(b)(1)(F)(i) (8 U.S.C. 1101(b)(1)(F)(i)), as amended by section 2312, is further amended by striking "at least twenty-five years of age, who personally saw and observed the child prior to or during the adoption proceedings;" and inserting "who is at least 25 years of age, at least 1 of whom personally saw and observed the child before or during the adoption proceedings;".
Inserted: (c) Automatic Citizenship for Children of United States Citizens Who Are Physically Present in the United States.--
Inserted: (1) In general.--Section 320(a)(3) (8 U.S.C. 1431(a)(3)) is amended to read as follows:
Inserted: "(3) The child is physically present in the United States in the legal custody of the citizen parent pursuant to a lawful admission.".
Inserted: (2) Applicability to individual's who no longer have legal status.--Notwithstanding the lack of legal status or physical presence in the United States, a person shall be deemed to meet the requirements under section 320 of the Immigration and Nationality Act, as amended by paragraph (1), if the person--
Inserted: (A) was born outside of the United States;
Inserted: (B) was adopted by a United States citizen before the person reached 18 years of age;
Inserted: (C) was legally admitted to the United States; and
Show 3 more inserted paragraphsShow less
Inserted: (D) would have qualified for automatic United States citizenship if the amendments made by paragraph (1) had been in effect at the time of such admission.
Inserted: (d) Retroactive Application.--Section 320(b) (8 U.S.C. 1431(b)) is amended by inserting ", regardless of the date on which the adoption was finalized" before the period at the end.
Inserted: (e) Applicability.--The amendments made by this section shall apply to any individual adopted by a citizen of the United States regardless of whether the adoption occurred prior to, on, or after the date of the enactment of the Child Citizenship Act of 2000.
Original wording
On page 1300, between lines 11 and 12, insert the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 1222. Ms. LANDRIEU (for herself, Mr. Coats, and Ms. Klobuchar) submitted an amendment intended to be proposed by her to the bill S. 744, to provide for comprehensive immigration reform and for other purposes; which was ordered to lie on the table; as follows:
On page 1300, between lines 11 and 12, insert the following:
SEC. 2554. UNITED STATES CITIZENSHIP FOR INTERNATIONALLY ADOPTED INDIVIDUALS.
(a) Automatic Citizenship.--Section 104 of the Child Citizenship Act of 2000 (Public Law 106-395; 8 U.S.C. 1431 note) is amended to read as follows:
“SEC. 104. APPLICABILITY.
“The amendments made by this title shall apply to any individual who satisfies the requirements under section 320 or 322 of the Immigration and Nationality Act, regardless of the date on which such requirements were satisfied.”.
(b) Modification of Preadoption Visitation Requirement.--Section 101(b)(1)(F)(i) (8 U.S.C. 1101(b)(1)(F)(i)), as amended by section 2312, is further amended by striking “at least twenty-five years of age, who personally saw and observed the child prior to or during the adoption proceedings;” and inserting “who is at least 25 years of age, at least 1 of whom personally saw and observed the child before or during the adoption proceedings;”.
(c) Automatic Citizenship for Children of United States Citizens Who Are Physically Present in the United States.--
(1) In general.--Section 320(a)(3) (8 U.S.C. 1431(a)(3)) is amended to read as follows:
“(3) The child is physically present in the United States in the legal custody of the citizen parent pursuant to a lawful admission.”.
(2) Applicability to individual's who no longer have legal status.--Notwithstanding the lack of legal status or physical presence in the United States, a person shall be deemed to meet the requirements under section 320 of the Immigration and Nationality Act, as amended by paragraph (1), if the person--
(A) was born outside of the United States;
(B) was adopted by a United States citizen before the person reached 18 years of age;
(C) was legally admitted to the United States; and
(D) would have qualified for automatic United States citizenship if the amendments made by paragraph (1) had been in effect at the time of such admission.
(d) Retroactive Application.--Section 320(b) (8 U.S.C. 1431(b)) is amended by inserting “, regardless of the date on which the adoption was finalized” before the period at the end.
(e) Applicability.--The amendments made by this section shall apply to any individual adopted by a citizen of the United States regardless of whether the adoption occurred prior to, on, or after the date of the enactment of the Child Citizenship Act of 2000.
Legislative Activity
Stay on top of the latest movement without scrolling through every action
Senate amendment agreed to: Amendment SA 1222 agreed to in Senate by Voice Vote.
June 18, 2013
View full timeline
Senate amendment agreed to: Amendment SA 1222 agreed to in Senate by Voice Vote.
June 18, 2013
Considered by Senate. (consideration: CR S4546, S4558)
June 18, 2013
Amendment SA 1222 agreed to in Senate by Voice Vote.
June 18, 2013
Considered by Senate. (consideration: CR S4519)
June 17, 2013
Senate amendment proposed (on the floor): Amendment SA 1222 proposed by Senator Landrieu.(consideration: CR S4441-4443; text: CR S4441-4442)
June 13, 2013
Amendment SA 1222 proposed by Senator Landrieu. (consideration: CR S4441-4443; text: CR S4441-4442) To apply the amendments made by the Child Citizenship Act of 2000 retroactively to all individuals adopted by a citizen of the United States in an international adoption and to repeal the pre-adoption parental visitation requirement for automatic citizenship and to amend section 320 of the Immigration and Nationality Act relating to automatic citizenship for children born outside of the United States who have a United States citizen parent.
June 13, 2013
Senate amendment submitted
June 11, 2013