II
119THCONGRESS
1
STSESSION S. 1328
To amend the Immigration and Nationality Act to make changes related
to family-sponsored immigrants and to reduce the number of such immi-
grants, and for other purposes.
IN THE SENATE OF THE UNITED STATES
APRIL8, 2025
Mr. B
ANKSintroduced the following bill; which was read twice and referred
to the Committee on the Judiciary
A BILL
To amend the Immigration and Nationality Act to make
changes related to family-sponsored immigrants and to
reduce the number of such immigrants, and for other
purposes.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Nuclear Family Pri-4
ority Act’’. 5
SEC. 2. IMMEDIATE RELATIVE DEFINITION. 6
Section 201(b)(2)(A)(i) of the Immigration and Na-7
tionality Act (8 U.S.C. 1151(b)(2)(A)(i)) is amended— 8
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(1) by striking ‘‘children, spouses, and parents’’ 1
and inserting ‘‘children and spouses’’; and 2
(2) by striking ‘‘States, except that’’ and all 3
that follows through ‘‘of age.’’ and inserting 4
‘‘States.’’. 5
SEC. 3. CHANGE IN FAMILY-SPONSORED IMMIGRANT CAT-6
EGORIES. 7
Section 203(a) of the Immigration and Nationality 8
Act (8 U.S.C. 1153(a)) is amended to read as follows: 9
‘‘(a) P
REFERENCEALLOCATION FORSPOUSES AND 10
C
HILDREN OFPERMANENTRESIDENTALIENS.—Quali-11
fied immigrants who are the spouses or children of an 12
alien lawfully admitted for permanent residence shall be 13
allotted visas in a number not to exceed the worldwide 14
level specified in section 201(c).’’. 15
SEC. 4. CHANGE IN WORLDWIDE LEVEL OF FAMILY-SPON-16
SORED IMMIGRANTS. 17
Section 201(c) of the Immigration and Nationality 18
Act (8 U.S.C. 1151(c)) is amended— 19
(1) by amending paragraph (1) to read as follows: 20
‘‘(1) The worldwide level of family-sponsored 21
immigrants under this subsection for a fiscal year is 22
equal to— 23
‘‘(A) 88,000; minus 24
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‘‘(B) the number computed under para-1
graph (2).’’; 2
(2) by striking paragraphs (2), (3), and (5); 3
and 4
(3) by redesignating paragraph (4) as para-5
graph (2). 6
SEC. 5. CONFORMING AMENDMENTS. 7
(a) N
UMERICALLIMITATION TOANYSINGLEFOR-8
EIGNSTATE.—Section 202 of the Immigration and Na-9
tionality Act (8 U.S.C. 1152) is amended— 10
(1) in subsection (a)(4)— 11
(A) by amending subparagraphs (A) and 12
(B) to read as follows: 13
‘‘(A) 75
PERCENT OF FAMILY -SPONSORED 14
IMMIGRANTS NOT SUBJECT TO PER COUNTRY 15
LIMITATION.—Of the visa numbers made avail-16
able under section 203(a) in any fiscal year, 75 17
percent shall be issued without regard to the 18
numerical limitation under paragraph (2). 19
‘‘(B) T
REATMENT OF REMAINING 25 PER -20
CENT FOR COUNTRIES SUBJECT TO SUB -21
SECTION(e).— 22
‘‘(i) I
N GENERAL.—Of the visa num-23
bers made available under section 203(a) 24
in any fiscal year, the remaining 25 per-25
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cent shall be available, in the case of a for-1
eign state or dependent area that is sub-2
ject to subsection (e) only to the extent 3
that the total number of visas issued in ac-4
cordance with subsection (A) to natives of 5
the foreign state or dependent area is less 6
than the subsection (e) ceiling (as defined 7
in clause (ii)). 8
‘‘(ii) S
UBSECTION(e) CEILING DE-9
FINED.—In clause (i), the term ‘subsection 10
(e) ceiling’ means, for a foreign state or 11
dependent area, 77 percent of the max-12
imum number of visas that may be made 13
available under section 203(a) to immi-14
grants who are natives of the state or area 15
consistent with subsection (e).’’; and 16
(B) by striking subparagraphs (C) and 17
(D); and 18
(2) in subsection (e)— 19
(A) in paragraph (1), by adding ‘‘and’’ at 20
the end; 21
(B) by striking paragraph (2) and redesig-22
nating paragraph (3) as paragraph (2); and 23
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(C) in the final sentence, by striking ‘‘re-1
spectively,’’ and all that follows through the pe-2
riod at the end and inserting ‘‘respectively.’’. 3
(b) R
ULES FORDETERMININGWHETHERCERTAIN 4
A
LIENSARECHILDREN.—Section 203(h) of the Immigra-5
tion and Nationality Act (8 U.S.C. 1153(h)) is amended 6
by striking ‘‘(a)(2)(A)’’ each place such term appears and 7
inserting ‘‘(a)’’. 8
(c) P
ROCEDURE FOR GRANTINGIMMIGRANTSTA-9
TUS.—Section 204 of the Immigration and Nationality 10
Act (8 U.S.C. 1154) is amended— 11
(1) in subsection (a)(1)— 12
(A) in subparagraph (A)(i), by striking ‘‘to 13
classification by reason of a relationship de-14
scribed in paragraph (1), (3), or (4) of section 15
203(a) or’’; 16
(B) in subparagraph (B), by striking 17
‘‘203(a)(2)(A)’’ and ‘‘203(a)(2)’’ each place 18
such terms appear and inserting ‘‘203(a)’’; and 19
(C) in subparagraph (D)(i)(I), by striking 20
‘‘a petitioner for preference status under para-21
graph (1), (2), or (3)’’ and all that follows 22
through the period at the end and inserting ‘‘an 23
individual under 21 years of age for purposes of 24
adjudicating such petition and for purposes of 25
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admission as an immediate relative under sec-1
tion 201(b)(2)(A)(i) or a family-sponsored im-2
migrant under section 203(a), as appropriate, 3
notwithstanding the actual age of the indi-4
vidual.’’; 5
(2) in subsection (f)(1), by striking ‘‘201(b), 6
203(a)(1), or 203(a)(3), as appropriate.’’ and insert-7
ing ‘‘201(b).’’; and 8
(3) by striking subsection (k). 9
(d) W
AIVERS OF INADMISSIBILITY.—Section 10
212(d)(11) of the Immigration and Nationality Act (8 11
U.S.C. 1182(d)(11)) is amended by striking ‘‘(other than 12
paragraph (4) thereof)’’. 13
(e) C
ONDITIONALPERMANENTRESIDENTSTATUS 14
FORCERTAINALIENSPOUSES ANDSONS ANDDAUGH-15
TERS.—Section 216(h)(1)(C) of the Immigration and Na-16
tionality Act (8 U.S.C. 1186a(h)(1)(C)) is amended by 17
striking ‘‘203(a)(2)’’ and inserting ‘‘203(a)’’. 18
(f) C
LASSES OF DEPORTABLE ALIENS.—Section 19
237(a)(1)(E)(ii) of the Immigration and Nationality Act 20
(8 U.S.C. 1227(a)(1)(E)(ii)) is amended by striking 21
‘‘203(a)(2)’’ and inserting ‘‘203(a)’’. 22
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SEC. 6. NONIMMIGRANT STATUS FOR ALIEN PARENT OF 1
ADULT UNITED STATES CITIZENS. 2
(a) I
NGENERAL.—Section 101(a)(15) of the Immi-3
gration and Nationality Act (8 U.S.C. 1101(a)(15)) is 4
amended— 5
(1) in subparagraph (T)(ii)(III), by striking the 6
period at the end and inserting a semicolon; 7
(2) in subparagraph (U), by striking ‘‘or’’ at 8
the end; 9
(3) in subparagraph (V), by striking the period 10
at the end and inserting ‘‘or’’; and 11
(4) by adding at the end the following: 12
‘‘(W) subject to section 214(s), an alien who is 13
a parent of a citizen of the United States, if the cit-14
izen is at least 21 years of age.’’. 15
(b) C
ONDITIONS ONADMISSION.—Section 214 of the 16
Immigration and Nationality Act (8 U.S.C. 1184) is 17
amended by adding at the end the following: 18
‘‘(s)(1) The initial period of authorized admission for 19
a nonimmigrant described in section 101(a)(15)(W) shall 20
be 5 years. Such period may be extended by the Secretary 21
of Homeland Security so long as the United States citizen 22
son or daughter of the nonimmigrant is residing in the 23
United States. 24
‘‘(2) A nonimmigrant described in section 25
101(a)(15)(W) is not authorized to be employed in the 26
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United States and is not eligible, notwithstanding any 1
other provision of law, for any Federal, State, or local pub-2
lic benefit. In the case of such a nonimmigrant, the United 3
States citizen son or daughter shall be responsible for the 4
support of the nonimmigrant, regardless of the resources 5
of the nonimmigrant. 6
‘‘(3) An alien is ineligible to receive a visa and ineli-7
gible to be admitted into the United States as a non-8
immigrant described in section 101(a)(15)(W) unless the 9
alien provides satisfactory proof that the United States 10
citizen son or daughter has arranged for the provision to 11
the alien, at no cost to the alien, of health insurance cov-12
erage applicable during the period of the alien’s presence 13
in the United States.’’. 14
SEC. 7. EFFECTIVE DATE; APPLICABILITY. 15
The amendments made by this Act shall take effect 16
on the first day of the second fiscal year that begins after 17
the date of the enactment of this Act, except that the fol-18
lowing shall be considered invalid: 19
(1) Any petition under section 204 of the Immi-20
gration and Nationality Act (8 U.S.C. 1154) seeking 21
classification of an alien under a family-sponsored 22
immigrant category eliminated by the amendments 23
made by this Act that is filed after the date of the 24
introduction of this Act in the Senate. 25
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(2) Any application for an immigrant visa based 1
on a petition described in paragraph (1). 2
Æ
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