America’s CHILDREN Act of 2025
Sponsored By: Senator Alex Padilla
Introduced
Summary
Creates a pathway to lawful permanent resident status for certain college graduates who arrived in the United States as children. It would let qualifying people who were lawfully present as dependent children of employed nonimmigrants and who meet lawful-presence and graduation rules apply for permanent residence, while also protecting child status and priority dates for their families.
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- College graduates who entered as dependents: People who were dependents of nonimmigrants admitted to work for an aggregate of at least 8 years, who have at least 10 years of lawful presence, and who graduated from a U.S. institution could seek classification under a new 201(b)(1)(F) and file a petition under a new 204(a)(1)(M).
- Dependents and families: The bill creates age-out protections and detailed rules for when someone counts as a child based on petition or labor certification filing dates. It also modifies derivative beneficiary rules and provides employment authorization for derivative dependents.
- Process and priority rules: It lets applicants retain the earliest priority date tied to an initial petition or labor certification for the principal and all derivatives, and it adds a motion-to-reopen option with a two-year window for cases that would have turned out differently under the amendments. Motions to reopen are exempt from numerical visa limits.
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Bill Overview
Analyzed Economic Effects
4 provisions identified: 4 benefits, 0 costs, 0 mixed.
Child age and priority date rules
If enacted, the bill would change how 'child' age is set for employment-based petitions and later visa or adjustment applications. Age would be the earlier of the date the petition is filed with DHS or the date a labor certification is filed with DOL. If you do not seek a green card within 2 years after a visa becomes available, your age would revert to your biological age unless extraordinary circumstances caused the delay. The bill would also make the priority date generally the petition filing date (or the labor certification date if earlier) and let principals and all derivatives keep their earliest priority date for future petitions.
Dependent child status and work rules
If enacted, the bill would change rules for derivative dependent children. Eligibility for derivative child status would follow the special child rule in INA 101(b)(6). Some people who are children under that rule could change or extend dependent nonimmigrant status even if married, if they otherwise qualify. Dependents admitted under this rule could work in the United States incident to that status. For people who were dependents for at least 8 aggregate years before turning 21, age would be set by their parent's initial employment-based petition filing date.
Green card path for long-term dependents
If enacted, the bill would create a new green-card path for some people who entered the U.S. as children. You would qualify if you were lawfully present as a dependent of an employment-authorized nonimmigrant for at least 8 aggregate years, have at least 10 years aggregate lawful presence when you file, and have graduated from a U.S. college or university. You must not be inadmissible under INA 212(a) or deportable under INA 237(a). Eligible people could file a petition with the Department of Homeland Security seeking this classification.
Reopen denied petitions and exempt visas
If enacted, the bill would let people ask DHS or the Attorney General to reopen denied petitions or applications if the decision would have been different under the child-status changes. You must have been in the United States when the original petition was filed. Motions must be filed no later than 2 years after enactment. If relief is granted, the approval would not count against the usual visa number limits.
Sponsors & CoSponsors
Sponsor
Alex Padilla
CA • D
Cosponsors
Rand Paul
KY • R
Sponsored 9/18/2025
Richard Durbin
IL • D
Sponsored 9/18/2025
Susan Collins
ME • R
Sponsored 9/18/2025
Amy Klobuchar
MN • D
Sponsored 9/18/2025
Lisa Murkowski
AK • R
Sponsored 9/18/2025
Christopher Coons
DE • D
Sponsored 9/18/2025
Kevin Cramer
ND • R
Sponsored 9/18/2025
Angus King
ME • I
Sponsored 9/18/2025
John Curtis
UT • R
Sponsored 9/18/2025
Joni Ernst
IA • R
Sponsored 2/3/2026
John Fetterman
PA • D
Sponsored 2/3/2026
Roll Call Votes
No roll call votes available for this bill.
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