II

107TH CONGRESS

1ST SESSION S. 1167

To amend the Immigration and Nationality Act to permit the substitution

of an alternative close family sponsor in the case of the death of the

person petitioning for an alien’s admission to the United States.

IN THE SENATE OF THE UNITED STATES

JULY 11, 2001

Mrs. FEINSTEIN (for herself and Mr. HAGEL) introduced the following bill;

which was read twice and referred to the Committee on the Judiciary

A BILL

To amend the Immigration and Nationality Act to permit

the substitution of an alternative close family sponsor

in the case of the death of the person petitioning for

an alien’s admission to the United States.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Family Sponsor Immi5 gration Act of 2001’’.
2

•S 1167 IS

1 SEC. 2. SUBSTITUTION OF ALTERNATIVE SPONSOR IF

2 ORIGINAL SPONSOR HAS DIED.

3 (a) PERMITTING SUBSTITUTION OF ALTERNATIVE

4 CLOSE FAMILY SPONSOR IN CASE OF DEATH OF PETI5 TIONER.—

6 (1) RECOGNITION OF ALTERNATIVE SPON7 SOR.—Section 213A(f)(5) of the Immigration and

8 Nationality Act (8 U.S.C. 1183a(f)(5)) is amended

9 to read as follows:

10 ‘‘(5) NON-PETITIONING CASES.—Such term also

11 includes an individual who does not meet the re12 quirement of paragraph (1)(D) but who—

13 ‘‘(A) accepts joint and several liability with

14 a petitioning sponsor under paragraph (2) or

15 relative of an employment-based immigrant

16 under paragraph (4) and who demonstrates (as

17 provided under paragraph (6)) the means to

18 maintain an annual income equal to at least

19 125 percent of the Federal poverty line; or

20 ‘‘(B) is a spouse, parent, mother-in-law,

21 father-in-law, sibling, child (if at least 18 years

22 of age), son, daughter, son-in-law, daughter-in23 law, brother-in-law, sister-in-law, grandparent,

24 or grandchild of a sponsored alien or a legal

25 guardian of a sponsored alien, meets the re26 quirements of paragraph (1) (other than sub-
3

•S 1167 IS

1 paragraph (D)), and executes an affidavit of

2 support with respect to such alien in a case in

3 which—

4 ‘‘(i) the individual petitioning under

5 section 204 for the classification of such

6 alien died after the approval of such peti7 tion; and

8 ‘‘(ii) the Attorney General has deter9 mined for humanitarian reasons that rev10 ocation of such petition under section 205

11 would be inappropriate.’’.

12 (2) CONFORMING AMENDMENT PERMITTING

13 SUBSTITUTION.—Section 212(a)(4)(C)(ii) of such

14 Act (8 U.S.C. 1182(a)(4)(C)(ii)) is amended by

15 striking ‘‘(including any additional sponsor required

16 under section 213A(f))’’ and inserting ‘‘(and any ad17 ditional sponsor required under section 213A(f) or

18 any alternative sponsor permitted under paragraph

19 (5)(B) of such section)’’.

20 (3) ADDITIONAL CONFORMING AMENDMENTS.—

21 Section 213A(f) of such Act (8 U.S.C. 1183a(f)) is

22 amended, in each of paragraphs (2) and (4)(B)(ii),

23 by striking ‘‘(5).’’ and inserting ‘‘(5)(A).’’.

24 (b) EFFECTIVE DATE.—The amendments made by

25 subsection (a) shall apply with respect to deaths occurring
4

•S 1167 IS

1 before, on, or after the date of the enactment of this Act,

2 except that, in the case of a death occurring before such

3 date, such amendments shall apply only if—

4 (1) the sponsored alien—

5 (A) requests the Attorney General to rein6 state the classification petition that was filed

7 with respect to the alien by the deceased and

8 approved under section 204 of the Immigration

9 and Nationality Act (8 U.S.C. 1154) before

10 such death; and

11 (B) demonstrates that he or she is able to

12 satisfy the requirement of section

13 212(a)(4)(C)(ii) of such Act (8 U.S.C.

14 1182(a)(4)(C)(ii)) by reason of such amend15 ments; and

16 (2) the Attorney General reinstates such peti17 tion after making the determination described in

18 section 213A(f)(5)(B)(ii) of such Act (as amended

19 by such subsection).

Æ