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[107th Congress Public Law 150]
[From the U.S. Government Printing Office]

<DOC>
[DOCID: f:publ150.107]

[[Page 116 STAT. 74]]

Public Law 107-150
107th Congress

                                 An Act

 
    To amend the Immigration and Nationality Act to provide for the 
 acceptance of an affidavit of support from another eligible sponsor if 
 the original sponsor has died and the Attorney General has determined 
  for humanitarian reasons that the original sponsor's classification 
 petition should not be revoked. <<NOTE: Mar. 13, 2002 -  [H.R. 1892]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Family Sponsor Immigration 
Act of 2002.>> assembled,

SECTION 1. <<NOTE: 8 USC 1101 note.>> SHORT TITLE.

    This Act may be cited as the ``Family Sponsor Immigration Act of 
2002''.

SEC. 2. SUBSTITUTION OF ALTERNATIVE SPONSOR IF ORIGINAL SPONSOR HAS 
            DIED.

    (a) Permitting Substitution of Alternative Close Family Sponsor in 
Case of Death of Petitioner.--
            (1) Recognition of alternative sponsor.--Section 213A(f)(5) 
        of the Immigration and Nationality Act (8 U.S.C. 1183a(f)(5)) is 
        amended to read as follows:
            ``(5) Non-petitioning cases.--Such term also includes an 
        individual who does not meet the requirement of paragraph (1)(D) 
        but who--
                    ``(A) accepts joint and several liability with a 
                petitioning sponsor under paragraph (2) or relative of 
                an employment-based immigrant under paragraph (4) and 
                who demonstrates (as provided under paragraph (6)) the 
                means to maintain an annual income equal to at least 125 
                percent of the Federal poverty line; or
                    ``(B) is a spouse, parent, mother-in-law, father-in-
                law, sibling, child (if at least 18 years of age), son, 
                daughter, son-in-law, daughter-in-law, sister-in-law, 
                brother-in-law, grandparent, or grandchild of a 
                sponsored alien or a legal guardian of a sponsored 
                alien, meets the requirements of paragraph (1) (other 
                than subparagraph (D)), and executes an affidavit of 
                support with respect to such alien in a case in which--
                          ``(i) the individual petitioning under section 
                      204 for the classification of such alien died 
                      after the approval of such petition; and
                          ``(ii) the Attorney General has determined for 
                      humanitarian reasons that revocation of such 
                      petition under section 205 would be 
                      inappropriate.''.
            (2) Conforming amendment permitting substitution.--Section 
        212(a)(4)(C)(ii) of such Act (8 U.S.C. 1182(a)(4)(C)(ii)) is 
        amended by striking ``(including any additional sponsor

[[Page 116 STAT. 75]]

        required under section 213A(f))'' and inserting ``(and any 
        additional sponsor required under section 213A(f) or any 
        alternative sponsor permitted under paragraph (5)(B) of such 
        section)''.
            (3) Additional conforming amendments.--Section 213A(f) of 
        such Act (8 U.S.C. 1183a(f)) is amended, in each of paragraphs 
        (2) and (4)(B)(ii), by striking ``(5).'' and inserting 
        ``(5)(A).''.

    (b) Effective <<NOTE: Applicability. 8 USC 1182 note.>> Date.--The 
amendments made by subsection (a) shall apply with respect to deaths 
occurring before, on, or after the date of the enactment of this Act, 
except that, in the case of a death occurring before such date, such 
amendments shall apply only if--
            (1) the sponsored alien--
                    (A) requests the Attorney General to reinstate the 
                classification petition that was filed with respect to 
                the alien by the deceased and approved under section 204 
                of the Immigration and Nationality Act (8 U.S.C. 1154) 
                before such death; and
                    (B) demonstrates that he or she is able to satisfy 
                the requirement of section 212(a)(4)(C)(ii) of such Act 
                (8 U.S.C. 1182(a)(4)(C)(ii)) by reason of such 
                amendments; and
            (2) the Attorney General reinstates such petition after 
        making the determination described in section 213A(f)(5)(B)(ii) 
        of such Act (as amended by subsection (a)(1) of this Act).

    Approved March 13, 2002.

LEGISLATIVE HISTORY--H.R. 1892:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 107-127 (Comm. on the Judiciary).
CONGRESSIONAL RECORD:
                                                        Vol. 147 (2001):
                                    July 23, considered and passed 
                                        House.
                                    Dec. 20, considered and passed 
                                        Senate, amended.
                                                        Vol. 148 (2002):
                                    Feb. 26, House concurred in Senate 
                                        amendment.

                                  <all>
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