Establishment of a Board of Visa Appeals for Family-Based Visas

[Janelle2002 3,865]

102.

Protection against processing delays

(a)

Age-Out protection for children

(1)

In general

Chapter 1 of title IV (8 U.S.C. 1101 note) is amended by adding at the end the following:

408.

Age-out protection for children

(a)

In general

In the case of an application initially to grant a benefit under this Act (other than an application for naturalization) that otherwise would be granted only after a determination that the beneficiary of the application is a child (such as classification as an immediate relative under section 201(b)(2)(A)(i)), if the application is neither approved nor denied (on procedural or substantive grounds) during the 90-day period beginning on the date of the filing of the application, the beneficiary shall be considered to be a child for all purposes related to the receipt of the benefit if the beneficiary was a child on the last day of such 90-day period, and the beneficiary shall not otherwise be prejudiced with respect to such determination by such delay, and shall be considered to be a child under this Act for all purposes related to such application.

(b)

Termination of benefit

Subsection (a) shall remain in effect until the termination of the 1-year period beginning on the date on which the application described in such paragraph is approved.

201.

Establishment of a Board of Visa Appeals

(a)

In General

The Immigration and Nationality Act is amended by inserting after section 224 the following new section:

225.

Board of Visa Appeals

(a)

Establishment

The Secretary of State shall establish within the Department of State a Board of Family-based Visa Appeals. The Board shall be composed of 5 members who shall be appointed by the Secretary. Not more than 2 members of the Board may be consular officers. The Secretary shall designate a member who shall be chairperson of the Board.

(b)

Authority and Functions

The Board shall have authority to review any discretionary decision of a consular officer with respect to an alien concerning the denial, revocation, or cancellation of an immigrant visa of someone who has the immediate relative status described in section 201(2)(A)(i) and (ii); or a preference classification described in section 203(a). The review of the Board shall be made upon the record for decision of the consular officer, including all documents, notes, and memoranda filed with the consular officer, supplemented by affidavits and other writings if offered by the consular officer or alien. Upon a showing that the decision of the consular official is contrary to the preponderance of the evidence, the Board shall have authority to overrule, or remand for further consideration, the decision of such consular officer.

©

Procedure

Proceedings before the Board shall be in accordance with such regulations, not inconsistent with this Act and sections 556 and 557 of title 5, United States Code, as the Secretary of State shall prescribe. Such regulations shall include requirements that provide that—

(1)

at the time of any decision of a consular officer under subsection (b), the interested party defined in subsection (d) shall be given notice of the availability of the review process and the necessary steps to request such review;

(2)

a written record of the proceedings and decision of the consular officer (in accordance with sections 556 and 557 of title 5, United States Code) shall be available to the Board, and on payment of lawfully prescribed costs, shall be made available to the alien;

(3)

upon receipt of request for review under this section, the Board shall, within 30 days, notify the consular officer with respect to whose decision review is sought, and, upon receipt of such notice, such officer shall promptly (but in no event more than 30 days after such receipt) forward to the Board the record of proceeding as described in subsection (b);

(4)

the appellant shall be given notice, reasonable under all the circumstances of the time and place at which the Board proceedings will be held;

(5)

the appellant may be represented (at no expense to the Government) by such counsel, authorized to practice in such proceedings, as the appellant shall choose; and

(6)

a request for review under this section must be made in writing to the Board within 60 days after receipt of notice of the denial, revocation, or cancellation.

(d)

Interested Parties

The Board shall review each decision described in subsection (b) upon request by the petitioner of an immigrant visa petition approved under section 201(2)(A)(i) and (ii) or 203(a).

(e)

Construction

This section may not be construed to restrict any right to further administrative or judicial review established under any other provision of law.

Fees

The Secretary of State shall charge, and collect, an appropriate fee associated with a request to the Board for a review. Such fee shall be sufficient to cover the cost of the administration of this section.

.

114th CONGRESS

1st Session

H. R. 52

This is some big news. https://www.govtrack.us/congress/bills/114/hr52/text

thanks Soloenta

[TBoneTX 45,291]

Wow...

[LibCampFireClub 635]

A lot of mumbo jumbo. It would be nice to see a break down in plain language as to see whether this has an affect upon my daughter who aged out after our K1 case was returned to USCIS without explanation. They should have been interviewed last June or July 2014. To this day that case just seemingly disappeared.

I hate all this immigration ####### more than words can express.

Age-out protection for children

(a)

In general

In the case of an application initially to grant a benefit under this Act (other than an application for naturalization) that otherwise would be granted only after a determination that the beneficiary of the application is a child (such as classification as an immediate relative under section 201(b)(2)(A)(i)), if the application is neither approved nor denied (on procedural or substantive grounds) during the 90-day period beginning on the date of the filing of the application, the beneficiary shall be considered to be a child for all purposes related to the receipt of the benefit if the beneficiary was a child on the last day of such 90-day period, and the beneficiary shall not otherwise be prejudiced with respect to such determination by such delay, and shall be considered to be a child under this Act for all purposes related to such application.

[Mr. Big Dog 10,747]

Sounds good but has no chance. You know that this bill is is evil and must be defeated for Ms. Jackson Lee is the representative that introduced it.

Sorry to be the bearer of bad news.

[Janelle2002 3,865]

Sounds good but has no chance. You know that this bill is is evil and must be defeated for Ms. Jackson Lee is the representative that introduced it.

Sorry to be the bearer of bad news.

Why is Ms Jackson Lee sought after?

How can we support the bill?

[Mr. Big Dog 10,747]

Why is Ms Jackson Lee sought after?

How can we support the bill?

She's one of the right wing's favorites. And they run Congress right now so not a snowball's chance in hell that this is going anywhere.

How can you support the bill? Work on changing the majority in the House and Senate. That's how.

[unsmiley 111]

She is, in general, an idiot. But I would support this bill wholeheartedly.