Page:United States Statutes at Large Volume 116 Part 2.djvu/146

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116 STAT. 928 PUBLIC LAW 107-208—AUG. 6, 2002 be made using the age of the alien on the date of the termination 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 NationaHty 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)(A) 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