Family-Sponsored immigration priorities

(a) Immediate relative redefined The Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended— (1) in section 101(b)(1) (8 U.S.C. 1101(b)(1)), in the matter preceding subparagraph (A), by striking means an unmarried person under twenty-one years of age and inserting means, for an individual with a petition pending as of the date of enactment of the SMARTER Act, an unmarried person under twenty-one years of age, or for an individual who was not the subject of a pending immigration petition on the date of enactment of the SMARTER Act, an unmarried person under the age of 18; and (2) in section 201 (8 U.S.C. 1151)— (A) in subsection (b)(2)(A)— (i) in clause (i), by striking children, spouses, and parents of a citizen of the United States, except that, in the case of parents, such citizens shall be at least 21 years of age. and inserting children and spouse of a citizen of the United States.; and (ii) in clause (ii), by striking such an immediate relative and inserting the immediate relative spouse of a United States citizen; (B) by striking subsection (c) and inserting the following: (c) Worldwide level of family-Sponsored immigrants (1) The worldwide level of family-sponsored immigrants under this subsection for a fiscal year is equal to 88,000 minus the number computed under paragraph (2). (2) The number computed under this paragraph for a fiscal year is the number of aliens who were paroled into the United States under section 212(d)(5) in the second preceding fiscal year who— (A) did not depart from the United States (without advance parole) within 365 days; and (B) (i) did not acquire the status of an alien lawfully admitted to the United States for permanent residence during the two preceding fiscal years; or (ii) acquired such status during such period under a provision of law (other than subsection (b)) that exempts adjustment to such status from the numerical limitation on the worldwide level of immigration under this section.; and (C) in subsection (f)— (i) in paragraph (2), by striking section 203(a)(2)(A) and inserting section 203(a); (ii) by striking paragraph (3); (iii) by redesignating paragraph (4) as paragraph (3); and (iv) in paragraph (3), as redesignated, by striking (1) through (3) and inserting (1) and (2). (b) Family-Based visa preferences Section 203(a) of the Immigration and Nationality Act (8 U.S.C. 1153(a)) is amended to read as follows: (a) Spouses and minor children of permanent resident aliens Family-sponsored immigrants described in this subsection are qualified immigrants who are the spouse or a child of an alien lawfully admitted for permanent residence.. (c) Conforming amendments (1) Definition of V nonimmigrant Section 101(a)(15)(V) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(V)) is amended by striking section 203(a)(2)(A) each place such term appears and inserting section 203(a). (2) Rules for determining whether certain aliens are children Section 203(h) of such Act (8 U.S.C. 1153(h)) is amended by striking (a)(2)(A) each place such term appears and inserting (a)(2). (3) Procedure for granting immigrant status Section 204 of such Act (8 U.S.C. 1154) is amended— (A) in subsection (a)(1)— (i) in subparagraph (A)(i), by striking to classification by reason of a relationship described in paragraph (1), (3), or (4) of section 203(a) or; (ii) in subparagraph (B)— (I) in clause (i), by redesignating the second subclause (I) as subclause (II); and (II) by striking 203(a)(2)(A) each place such terms appear and inserting 203(a); and (iii) in subparagraph (D)(i)(I), by striking a petitioner and all that follows through (a)(1)(B)(iii). and inserting an individual younger than 21 years of age for purposes of adjudicating such petition and for purposes of admission as an immediate relative under section 201(b)(2)(A)(i) or a family-sponsored immigrant under section 203(a), as appropriate, notwithstanding the actual age of the individual.; (B) in subsection (f)(1), by striking, 203(a)(1), or 203(a)(3), as appropriate; and (C) by striking subsection (k). (4) Waivers of inadmissibility Section 212 of such Act (8 U.S.C. 1182) is amended— (A) in subsection (a)(6)(E)(ii), by striking section 203(a)(2) and inserting section 203(a); and (B) in subsection (d)(11), by striking (other than paragraph (4) thereof). (5) Employment of V nonimmigrants Section 214(q)(1)(B)(i) of such Act (8 U.S.C. 1184(q)(1)(B)(i)) is amended by striking section 203(a)(2)(A) each place such term appears and inserting section 203(a). (6) Definition of alien spouse Section 216(h)(1)(C) of such Act (8 U.S.C. 1186a(h)(1)(C)) is amended by striking section 203(a)(2) and inserting section 203(a). (7) Classes of deportable aliens Section 237(a)(1)(E)(ii) of such Act (8 U.S.C. 1227(a)(1)(E)(ii)) is amended by striking section 203(a)(2) and inserting section 203(a). (d) Effective date; applicability (1) Effective date The amendments made by this section shall take effect on the first day of the first fiscal year that begins after the date of the enactment of this Act. (2) Invalidity of certain petitions and applications Excepted as provided in paragraph (3), any petition under section 204 of the Immigration and Nationality Act (8 U.S.C. 1154) seeking classification of an alien under a family-sponsored immigrant category that was eliminated by the amendments made by this section and filed after the date on which this Act was introduced and any application for an immigrant visa based on such a petition shall be considered invalid. (3) Valid offer of admission Notwithstanding the termination by this Act of the family-sponsored and employment-based immigrant visa categories, any alien who was granted admission to the United States under subsection (a) or (b) of section 203 of the Immigration and Nationality Act, as in effect on the day before the date of the enactment of this Act, and is scheduled to receive an immigrant visa in the applicable preference category not later than 1 year after the date of the enactment of this Act, shall be entitled to such visa if the alien enters the United States within 1 year after such date of enactment.