H.R. 3442: America’s CHILDREN 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.)