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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1247 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 1247

 To amend the Immigration and Nationality Act to promote family unity, 
                        and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             June 11, 2009

 Mr. Menendez (for himself, Mrs. Gillibrand, and Mr. Leahy) 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 promote family unity, 
                        and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Orphans, Widows, and Widowers 
Protection Act''.

SEC. 2. RELIEF FOR ORPHANS AND SPOUSES OF UNITED STATES CITIZENS AND 
              RESIDENTS.

    (a) Amendment.--Section 201(b)(2)(A)(i) of the Immigration and 
Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)) is amended--
            (1) by inserting ``or, if married to such citizen for less 
        than 2 years at the time of the citizen's death, an alien who 
        proves by a preponderance of the evidence that the marriage was 
        entered into in good faith and not solely for the purpose of 
        obtaining an immigration benefit'' after ``for at least 2 years 
        at the time of the citizen's death''; and
            (2) by adding at the end the following: ``For purposes of 
        this subsection, an alien who was the child or parent of a 
        citizen of the United States on the date of the citizen's death 
        shall be considered to remain an immediate relative after such 
        date if the alien parent files a petition under section 
        204(a)(1)(A)(ii) not later than 2 years after such date or the 
        alien child files such a petition before reaching 21 years of 
        age.''.
    (b) Special Rule for Orphans and Spouses.--In applying section 
201(b)(2)(A)(i) of the Immigration and Nationality Act, as amended by 
subsection (a), to an alien whose citizen or lawful permanent resident 
relative died before the date of the enactment of this Act, the alien 
relative may file the classification petition under section 
204(a)(1)(A)(ii) of such Act not later than 2 years after the date of 
the enactment of this Act.
    (c) Eligibility for Parole.--If an alien was excluded, deported, 
removed, or departed voluntarily before the date of the enactment of 
this Act based solely upon the alien's lack of classification as an 
immediate relative (as defined in section 201(b)(2)(A)(i) of the 
Immigration and Nationality Act) due to the death of the alien's 
citizen relative--
            (1) such alien shall be eligible for parole into the United 
        States pursuant to the Attorney General's discretionary 
        authority under section 212(d)(5) of such Act (8 U.S.C. 
        1182(d)(5)); and
            (2) such alien's application for adjustment of status shall 
        be considered notwithstanding section 212(a)(9) of such Act (8 
        U.S.C. 1182(a)(9)).

SEC. 3. ADJUSTMENT OF STATUS.

    (a) Surviving Spouses, Parents, and Children.--Section 245 of the 
Immigration and Nationality Act (8 U.S.C. 1255) is amended by adding at 
the end the following:
    ``(n) Application for Adjustment of Status by Surviving Spouses, 
Parents, and Children.--
            ``(1) In general.--An alien described in paragraph (2) who 
        applies for adjustment of status before the death of the 
        qualifying relative may have such application adjudicated as if 
        such death had not occurred.
            ``(2) Alien described.--An alien described in this 
        paragraph is an alien who--
                    ``(A) is an immediate relative (as described in 
                section 201(b)(2)(A));
                    ``(B) is a family-sponsored immigrant (as described 
                in subsection (a) or (d) of section 203); or
                    ``(C) is a derivative beneficiary of an employment-
                based immigrant under section 203(b) (as described in 
                section 203(d)).''.
    (b) Refugees.--Section 209(b) of the Immigration and Nationality 
Act (8 U.S.C. 1259(b)) is amended by adding at the end the following 
``An alien who is the spouse or child of a refugee (as described in 
section 207(c)(2)) or an asylee (as described in section 208(b)(3) who 
applies for adjustment of status before the death of a qualifying 
relative may have such application adjudicated as if such death had not 
occurred.''.

SEC. 4. TRANSITION PERIOD.

    (a) In General.--Notwithstanding a denial of an application for 
adjustment of status for an alien whose qualifying relative died before 
the date of the enactment of this Act, such application may be renewed 
by the alien through a motion to reopen, without fee, if such motion is 
filed not later than 2 years after such date of enactment.
    (b) Eligibility for Parole.--If an alien described in section 
245(n)(2) of the Immigration and Nationality Act (8 U.S.C. 1255(n)(2)) 
was excluded, deported, removed, or departed voluntarily before the 
date of the enactment of this Act--
            (1) such alien shall be eligible for parole into the United 
        States pursuant to the Attorney General's discretionary 
        authority under section 212(d)(5) of the Immigration and 
        Nationality Act (8 U.S.C. 1182(d)(5)); and
            (2) such alien's application for adjustment of status shall 
        be considered notwithstanding section 212(a)(9) of such Act (8 
        U.S.C. 1182(a)(9)).

SEC. 5. PROCESSING OF IMMIGRANT VISAS AND DERIVATIVE PETITIONS.

    (a) In General.--Section 204(b) of the Immigration and Nationality 
Act (8 U.S.C. 1154(b)) is amended--
            (1) by striking ``After an investigation'' and inserting 
        the following:
            ``(1) In general.--After an investigation''; and
            (2) by adding at the end the following:
            ``(2) Death of qualifying relative.--
                    ``(A) In general.--Any alien described in 
                subparagraph (B) whose qualifying relative died before 
                the completion of immigrant visa processing may have an 
                immigrant visa application adjudicated as if such death 
                had not occurred. An immigrant visa issued before the 
                death of the qualifying relative shall remain valid 
                after such death.
                    ``(B) Alien described.--An alien described in this 
                subparagraph is an alien who is--
                            ``(i) an immediate relative (as described 
                        in section 201(b)(2)(A));
                            ``(ii) a family-sponsored immigrant (as 
                        described in subsection (a) or (d) of section 
                        203);
                            ``(iii) a derivative beneficiary of an 
                        employment-based immigrant under section 203(b) 
                        (as described in section 203(d)); or
                            ``(iv) the spouse or child of a refugee (as 
                        described in section 207(c)(2)) or an asylee 
                        (as described in section 208(b)(3)).''.
    (b) Transition Period.--
            (1) In general.--Notwithstanding a denial or revocation of 
        an application for an immigrant visa for an alien whose 
        qualifying relative died before the date of the enactment of 
        this Act, such application may be renewed by the alien through 
        a motion to reopen, without fee, if such motion is filed not 
        later than 2 years after such date of enactment.
            (2) Inapplicability of bars to entry.--Notwithstanding 
        section 212(a)(9) of the Immigration and Nationality Act (8 
        U.S.C. 1182(a)(9)), an alien's application for an immigrant 
        visa shall be considered if the alien was excluded, deported, 
        removed, or departed voluntarily before the date of the 
        enactment of this Act.

SEC. 6. NATURALIZATION.

    Section 319(a) of the Immigration and Nationality Act (8 U.S.C. 
1430(a)) is amended by inserting ``(or, if the spouse is deceased, the 
spouse was a citizen of the United States)'' after ``citizen of the 
United States''.

SEC. 7. EFFECTIVE DATE.

    The amendments made by this Act shall apply to all petitions or 
applications described in such amendments that--
            (1) are pending as of the date of the enactment of this 
        Act; or
            (2) have been denied, but would have been approved if such 
        amendments had been in effect at the time of adjudication of 
        the petition or application.
                                 <all>
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