SB 1300: Adoptive Family Relief Act

This was Introduced on May 12, 2015. Its Status:Passed Senate on Jul 14, 2015

This bill passed in the Senate on July 14, 2015 and goes to the House next for consideration.The Sponsor is Diane Feinstein.

Text can be found here: https://www.govtrack.us/congress/bills/114/s1300/text:

“1.Short title

This Act may be cited as the Adoptive Family Relief Act.

2.

Waiver of fees for renewal of immigrant visa for adopted child in certain situations

Section 221(c) of the Immigration and Nationality Act (8 U.S.C. 1201(c)) is amended to read as follows:

(c)

Period of validity; renewal or replacement

(1)

Immigrant visas

An immigrant visa shall be valid for such period, not exceeding six months, as shall be by regulations prescribed, except that any visa issued to a child lawfully adopted by a United States citizen and spouse while such citizen is serving abroad in the United States Armed Forces, or is employed abroad by the United States Government, or is temporarily abroad on business, shall be valid until such time, for a period not to exceed three years, as the adoptive citizen parent returns to the United States in due course of his service, employment, or business.

(2)

Nonimmigrant visas

A nonimmigrant visa shall be valid for such periods as shall be by regulations prescribed. In prescribing the period of validity of a nonimmigrant visa in the case of nationals of any foreign country who are eligible for such visas, the Secretary of State shall, insofar as practicable, accord to such nationals the same treatment upon a reciprocal basis as such foreign country accords to nationals of the United States who are within a similar class; except that in the case of aliens who are nationals of a foreign country and who either are granted refugee status and firmly resettled in another foreign country or are granted permanent residence and residing in another foreign country, the Secretary of State may prescribe the period of validity of such a visa based upon the treatment granted by that other foreign country to alien refugees and permanent residents, respectively, in the United States.

(3)

Visa replacement

An immigrant visa may be replaced under the original number during the fiscal year in which the original visa was issued for an immigrant who establishes to the satisfaction of the consular officer that the immigrant—

(A)

was unable to use the original immigrant visa during the period of its validity because of reasons beyond his control and for which he was not responsible;

(B)

is found by a consular officer to be eligible for an immigrant visa; and

(C)

pays again the statutory fees for an application and an immigrant visa.

(4)

Fee waiver

If an immigrant visa was issued, on or after March 27, 2013, for a child who has been lawfully adopted, or who is coming to the United States to be adopted, by a United States citizen, any statutory immigrant visa fees relating to a renewal or replacement of such visa may be waived or, if already paid, may be refunded upon request, subject to such criteria as the Secretary of State may prescribe, if—

(A)

the immigrant child was unable to use the original immigrant visa during the period of its validity as a direct result of extraordinary circumstances, including the denial of an exit permit; and

(B)

if such inability was attributable to factors beyond the control of the adopting parent or parents and of the immigrant.”

Article

“Steven and Alyssa Sieb have been waiting three years to adopt a child. While doing humanitarian work overseas, the couple met a little girl at an orphanage in Ethiopia. She was abandoned at birth, and the Siebs wanted to give her a home. But it’s unlikely she will ever come to America because the Ethiopian government has said it will not approve adoptions from the region in which the orphanage is located.
The Siebs now hope to adopt another child. They expect to wait another 14 months to get a referral and continue the process.

For couples like the Siebs, waiting can be expensive. On July 14, the Senate approved legislation to alleviate some of that financial burden.

The Adoptive Families Relief Act would allow the U.S. State Department to waive visa renewal fees for children who have been adopted by American families but whose entry into the United States is delayed because of factors beyond their control. Without relief from the new legislation, families must renew their U.S. visas every six months, a process that can cost up to $550 each time.

“Families who step up to provide a safe, stable and loving home for children struggling overseas are a source of inspiration and hope, here and abroad,” Sen. Chuck Grassley, R-Iowa, said. “Unfortunately, too often, these families encounter challenges beyond their control when bringing their child home.”

Lawmakers agreed they need to do their part to make sure families are supported along the adoption journey. The bipartisan bill moved out of the Senate with unanimous support and now awaits a vote in the House.

Just a few months ago, the Siebs missed renewing their immigration papers by two days and had to complete all the paperwork again. It cost them $1,200 in extra fees. So far the adoption has cost them about $25,000, and they still have as much as $15,000 left to pay.

“This bill would save us a lot of money in a very expensive process,” Alyssa Sieb said. “Most families have to leave their children in the country and fly home without them until the visa process is ready. It’s heart-wrenching.”

As she and her husband enter the third year of waiting to adopt, Sieb said it feels “like a big punishment from the Ethiopian and U.S. governments for wanting to open your home to a child.” She said this is an important issue because, “while we as a country have no control over Ethiopia, we do have control over our processes.””

Bill waives visa fees for stalled adoptions[BR Now 7/22/15  by Abby Reese]

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