Modifications to immigration provisions relating to marriage

(a) Definitions In this section: (1) In general Except as otherwise specifically provided, any term used in this section that is used in the immigration laws shall have the meaning given such term in the immigration laws. (2) Immigration laws The term immigration laws has the meaning given such term in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17)). (b) Modifications to immigration provisions relating to marriage (1) Definition of noncitizen Section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)) is amended by adding at the end the following: (53) The term noncitizen means any person who is not a citizen or national of the United States.. (2) Classifications relating to visas for noncitizen fiancés or fiancéess and spouses (A) K visas Section 101(a)(15)(K) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(K)) is amended to read as follows: (K) subject to subsections (d) and (r) of section 214, a noncitizen— (i) (I) who is the fiancé or fiancée of a citizen of the United States (other than a citizen described in section 204(a)(1)(A)(viii)(I)) who is at least 18 years of age; and (II) who— (aa) seeks to enter the United States solely to conclude a valid marriage with the petitioner within ninety days after admission; and (bb) is at least 18 years of age; (ii) (I) who has concluded a valid marriage with a citizen of the United States who is the petitioner who is at least 18 years of age and was at least 18 years of age on the date of the marriage (other than a citizen described in section 204(a)(1)(A)(viii)(I)); and (II) who— (aa) is the beneficiary of a petition to accord a status under section 201(b)(2)(A)(i) that was filed under section 204 by the petitioner; (bb) seeks to enter the United States to await the approval of such petition and the availability to the noncitizen of an immigrant visa; (cc) was at least 18 years of age on the date of his or her marriage to the petitioner, unless that State of the United States in which the petitioner and beneficiary seek to reside together would have permitted them to marry under the laws in effect in such State at the time of filing; and (dd) is at least 18 years of age or, if residing in a State described in item (cc), is at least 16 years of age and establishes a compelling, urgent humanitarian reason for the issuance of a visa, arising from a risk of individualized and targeted harm to such noncitizen if such visa is denied, which reason may not include parental consent, a child in common with the petitioner, pregnancy, or any combination of such factors; or (iii) who is the minor child of a noncitizen described in clause (i) or (ii) and is accompanying, or following to join, the noncitizen.. (B) Immediate relatives Section 201(b)(2)(A) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(2)(A)) is amended by adding at the end the following: (iii) For purposes of this subparagraph, a noncitizen spouse may only be considered the immediate relative of a United States citizen spouse if— (I) the United States citizen spouse is at least 18 years of age and was at least 18 years of age at the time of marriage; and (II) the noncitizen spouse— (aa) was at least 18 years of age on the date of his or her marriage to a United States citizen spouse unless the State of the United States in which the petitioner and beneficiary seek to reside together would have permitted them to marry under the laws in effect in such State at the time of filing; and (bb) is at least 18 years of age or, if residing in a State described in item (aa), is at least 16 years of age and establishes a compelling, urgent humanitarian reason for the issuance of a visa, arising from a risk of individualized and targeted harm to such noncitizen if such visa is denied, which reason may not include parental consent, a child in common with the petitioner, pregnancy, or any combination of such factors.. (C) Spouses of lawful permanent residents Section 203(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1153(a)(2)) is amended by striking subparagraphs (A) and (B) and inserting the following: (A) who— (i) are the spouses of noncitizens lawfully admitted for permanent residence who are 18 years of age or older and were at least 18 years of age at the time of marriage; and (ii) (I) were at least 18 years of age on the date of the marriage to a lawful permanent resident spouse unless the State of the United States in which the petitioner and beneficiary seek to reside together would have permitted them to marry under the laws in effect in such State at the time of filing; and (II) are at least 18 years of age or, if residing in a State described in subclause (I), are at least 16 years of age and establish a compelling, urgent humanitarian reason for the issuance of a visa, arising from a risk of individualized and targeted harm to the noncitizen if the visa is denied, which reason may not include parental consent, a child in common with the petitioner, pregnancy, or any combination of such factors; (B) who are the children of noncitizens lawfully admitted for permanent residence; or (C) who are the unmarried sons or unmarried daughters (but are not the children) of noncitizens lawfully admitted for permanent residence,. (3) Rule of construction The amendments made by this subsection may not be construed to preclude, limit, or modify eligibility of any noncitizen spouse subjected to battery or extreme cruelty and otherwise eligible for relief as a VAWA self-petitioner (as defined in section 101(a)(51) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(51))), or any battered spouse (within the meaning of section 240A(b)(2) of that Act (8 U.S.C. 1229b(b)(2))), for any available relief under the immigrations laws without regard to either spouse’s age at time of marriage. (c) Proxy marriage Section 101(a)(35) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(35)) is amended by striking marriage shall have been consummated and inserting parties have met in person during the 2-year period immediately preceding the date of the ceremony. (d) Applicability The amendments made by this section shall only apply to— (1) petitions or applications for any status or benefit under the immigration laws that are filed or otherwise submitted on or after the date of the enactment of this Act; and (2) marriages that are completed after such date of enactment, except with respect to interviews described in subsection (e). (e) Interview requirement An immigration officer or a consular officer, as applicable, shall conduct a separate, private interview of each party to a spousal or fiancé or fiancée visa petition or application prior to approval, in all cases in which at least one party was under 18 years of age at the time of the marriage or engagement that forms the basis of the petition or application occurred, regardless of the date on which such marriage or engagement occurred. (f) Public education on changes to immigration law (1) In general Beginning on the date of the enactment of this Act, the Secretary of Homeland Security and the Secretary of State, in coordination with the head of any other appropriate Federal agency, shall immediately, and on an ongoing basis, provide educational materials and information to the public, in multiple languages, that describe the changes to the immigration laws made by the amendments under this section. (2) Updates to advisory pamphlet (A) In general The Secretary of Homeland Security shall update the advisory pamphlet required under section 833 of the International Marriage Broker Regulation Act of 2005 (Public Law 109–162; 119 Stat. 3068) entitled Information on the Legal Rights Available to Immigrant Victims of Domestic Violence in the United States and Facts about Immigrating on a Marriage-Based Visa to include the educational materials and information provided pursuant to paragraph (1). (B) Distribution of updated pamphlet (i) U.S. Citizenship and Immigration Services (I) Petitioners and beneficiaries (aa) In general Except as provided in item (bb), on receipt of a spousal or fiancé or fiancée visa petition, the Director of U.S. Citizenship and Immigration Services (referred to in this subsection as the Director) shall mail and email the pamphlet updated under subparagraph (A) (referred to in this subsection as the updated pamphlet) to the petitioner and beneficiary of such petition, in the primary languages of such petitioner and beneficiary. (bb) Exception If the updated pamphlet is unavailable in the primary language of a petitioner or beneficiary, the Director shall mail and email the English version of the updated pamphlet to the petitioner or beneficiary. (II) Public availability (aa) U.S. Citizenship and Immigration Services offices The Director shall display and make available to the public, in a publicly accessible location of each U.S. Citizenship and Immigration Services office, the updated pamphlet— (AA) in English; and (BB) in multiple additional languages, including, in the case of a U.S. Citizenship and Immigration Services office located in a foreign country, the 1 or more primary languages of such country. (III) U.S. Citizenship and Immigration Services website The Director shall post the updated pamphlet on each relevant website of U.S. Citizenship and Immigration Services, including— (aa) the homepage of U.S. Citizenship and Immigration Services; and (bb) https://www.uscis.gov/humanitarian/forced-marriage. (IV) Community forums The Director shall present the updated pamphlet through U.S. Citizenship and Immigration Services community forums with immigrant communities in the United States. (V) Legal services providers The Director shall provide the updated pamphlet to all immigration legal services providers in the United States for distribution to the community. (ii) Department of State (I) Applicants (aa) In general Except as provided in item (bb), the Secretary of State shall ensure that consular officers directly distribute the updated pamphlet to each applicant for a spousal or fiancé or fiancée visa during the consular interview for such a visa, in the primary language of the applicant. (bb) Exception If the updated pamphlet is unavailable in the primary language of an applicant, the consular officer conducting the visa interview shall— (AA) review the contents of the updated pamphlet with the applicant orally in the primary language of the applicant; and (BB) distribute the English version of the updated pamphlet to the applicant. (II) Public availability The Secretary of State shall display and make available to the public at each United States embassy and consulate the updated pamphlet in English and, if available, the primary language of the country in which the embassy or consulate is located. (III) Department of State website The Secretary of State shall post the updated pamphlet on each relevant website of the Department of State, including— (aa) the website of the National Visa Center; (bb) https://travel.state.gov/content/travel.html; (cc) https://travel.state.gov/content/travel/en/us-visas.html; (dd) https://travel.state.gov/content/travel/en/international-travel/emergencies/forced-marriage.html; and (ee) the website of each consular post that processes visa petitions. (IV) Video advisories The Secretary of State shall incorporate the information contained in the updated pamphlet into video advisories on immigration requirements shown at United States embassies, consulates, and ports of entry. (g) Public education on child marriage (1) In general Beginning on the date of the enactment of this Act, the Secretary of Homeland Security, the Secretary of Health and Human Services, and the Attorney General, in coordination with the head of any other appropriate Federal agency, shall immediately, and on an ongoing basis, provide information to the public on— (A) the harmful impacts of child marriage described in section 2; and (B) the governmental and nongovernmental resources an individual may contact to receive support services relating to such impacts. (2) Elements The information provided pursuant to paragraph (1) shall be— (A) made available in multiple languages on the website of U.S. Citizenship and Immigration Services; (B) presented through U.S. Citizenship and Immigration Services community forums with immigrant communities in the United States; (C) incorporated into video advisories on immigration requirements shown at United States embassies, consulates, and ports of entry; (D) provided to all immigration legal services providers and refugee resettlement agencies in the United States for distribution to the community; and (E) made available on all relevant pages of the website of the Department of State. (h) Updates to immigration forms The instructions for Form I–130 (Petition for Alien Relatives) and Form I–129F (Petition for Alien Fiancé(e)) shall be updated to reflect the amendments made by this section.