§ 2310 : FIANCÉE AND FIANCÉ CHILD STATUS PROTECTION

DEFINITION.— Section 101(a)(15)(K)(8 U.S.C. 1101(a)(15)(K)) as amended by section 2305(d)(6)(B)(i)(I), is further amended—

1.

in clause (i), by inserting or of an alien lawfully admitted for permanent residence after 204(a)(1)(H)(i));

2.

in clause (ii), by inserting or of an alien lawfully admitted for permanent residence after 204(a)(1)(H)(i)); and

3.

in clause (iii), by striking the semicolon and inserting , provided that a determination of the age of such child is made using the age of the alien on the date on which the fiancé, fiancée, or immigrant visa petition is filed with the Secretary of Homeland Security to classify the alien’s parent as the fiancée or fiancé of a United States citizen or of an alien lawfully admitted for permanent residence (in the case of an alien parent described in clause (i)) or as the spouse of a citizen of the United States or of an alien lawfully admitted to permanent residence under section 201(b)(2)(A)(i)(in the case of an alien parent described in clause (ii));.

ADJUSTMENT OF STATUS AUTHORIZED.— Section 214(d)(8 U.S.C. 1184(d)) is amended—

1.

by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and

2.

in paragraph (1), by striking In the event and all that follows through the end; and

3.

by inserting after paragraph (1) the following:

2.

 A. If an alien does not marry the petitioner under paragraph (1) within 3 months after the alien and the alien’s children are admitted into the United States, the visa previously issued under the provisions of section 101(a)(15)(K)(i)shall automatically expire and such alien and children shall be required to depart from the United States. If such aliens fail to depart from the United States, they shall be placed in proceedings in accordance with sections 240 and 241.

B.

Subject to subparagraphs (C) and (D), if an alien marries the petitioner described in section 101(a)(15)(K)(i)within 90 days after the alien is admitted into the United States, the Secretary or the Attorney General, subject to the provisions of section 245(d), may adjust the status of the alien, and any children accompanying or following to join the alien, to that of an alien lawfully admitted for permanent residence on a conditional basis under section 216if the alien and any such children apply for such adjustment and are not determined to be inadmissible to the United States. If the alien does not apply for such adjustment within 6 months after the marriage, the visa issued under the provisions of section 101(a)(15)(K)shall automatically expire.

C.

Paragraphs (5)and (7)(A) of section 212(a)shall not apply to an alien who is eligible to apply for adjustment of the alien’s status to an alien lawfully admitted for permanent residence under this section.

D.

An alien eligible for a waiver of inadmissibility as otherwise authorized under this Act or the Border Security, Economic Opportunity, and Immigration Modernization Act shall be permitted to apply for adjustment of the alien’s status to that of an alien lawfully admitted for permanent residence under this section.