Protecting Children of Long-Term Visa Holders Act of 2023

America's CHILDREN Act of 2023 or the Protecting Children of Long-Term Visa Holders Act of 2023

This bill provides lawful permanent resident status to certain college graduates who entered the United States as children and addresses other immigration-related issues.

Specifically, this bill allows a non-U.S. national (alien under federal law) to apply for lawful permanent resident status if the individual (1) was lawfully present in the United States as a dependent child of an individual admitted for employment, (2) was in the United States with such status for at least eight years, (3) has graduated from an institution of higher education in the United States, and (4) is not deportable or otherwise inadmissible. In addition, the individual must have been lawfully present in the United States for at least 10 years at the time of the application.

The bill also modifies various provisions related to calculating an individual's age for immigration purposes and the priority date of certain immigration-related applications. For example, to determine whether an individual is a dependent child for certain immigration petitions, the individual's age at the time a petition is filed shall be the age used for that determination. (Currently, this determination for some petitions is based on the individual's age at the time a visa becomes available, so it is possible for an individual to be a dependent child when filing a petition but become too old to qualify by the time the visa is available.)

Bill 118 s 1667, also known as the Protecting Children of Long-Term Visa Holders Act of 2023, aims to provide protection and support for children of long-term visa holders in the United States. The bill specifically focuses on children whose parents hold nonimmigrant visas, such as H-1B or L-1 visas, which are typically issued for temporary work assignments.

The main provisions of the bill include ensuring that children of long-term visa holders have access to essential services, such as education, healthcare, and social services. It also seeks to prevent the separation of families by allowing children to remain in the United States even if their parents' visas expire or are revoked.

Additionally, the bill addresses the issue of children aging out of their parents' visas by providing a pathway to legal status for these individuals. This would allow them to continue living and working in the United States without fear of deportation. Overall, the Protecting Children of Long-Term Visa Holders Act of 2023 aims to protect the rights and well-being of children whose parents hold long-term visas in the United States. It seeks to ensure that these children have the support and resources they need to thrive, regardless of their parents' immigration status.