I

107TH CONGRESS

1ST SESSION H. R. 1892

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.

IN THE HOUSE OF REPRESENTATIVES

MAY 17, 2001

Mr. CALVERT (for himself, Mr. ISSA, Ms. WOOLSEY, Ms. LOFGREN, Mr.

FRANK, Mr. SMITH of New Jersey, Mr. TERRY, Mr. KUCINICH, Mr. CANNON, Ms. ROYBAL-ALLARD, Mrs. CLAYTON, Mr. LEWIS of California, and

Mr. CRANE) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

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.

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

2 This Act may be cited as the ‘‘Family Sponsor Immi3 gration Act of 2001’’.

4 SEC. 2. SUBSTITUTION OF ALTERNATIVE SPONSOR IF

5 ORIGINAL SPONSOR HAS DIED BUT PETITION

6 IS NOT REVOKED.

7 (a) PERMITTING SUBSTITUTION OF ALTERNATIVE

8 CLOSE FAMILY SPONSOR IN CASE OF DEATH OF PETI9 TIONER.—

10 (1) RECOGNITION OF ALTERNATIVE SPON11 SOR.—Section 213A(f)(5) of the Immigration and

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

13 to read as follows:

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

15 includes an individual who does not meet the re16 quirement of paragraph (1)(D) but who—

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

18 a petitioning sponsor under paragraph (2) or

19 relative of an employment-based immigrant

20 under paragraph (4) and who demonstrates (as

21 provided under paragraph (6)) the means to

22 maintain an annual income equal to at least

23 125 percent of the Federal poverty line; or

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

25 father-in-law, sibling, son, daughter, son-in-law,

26 or daughter-in-law of the applicant or a legal
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1 guardian of the applicant, meets the require2 ments of paragraph (1) (other than subpara3 graph (D)), and executes an affidavit of sup4 port with respect to a sponsored alien in a case

5 in which—

6 ‘‘(i) the individual petitioning for the

7 admission of the alien under section 204

8 has died; and

9 ‘‘(ii) the Attorney General has deter10 mined for humanitarian reasons that rev11 ocation of such petition under section 205

12 would be inappropriate.’’.

13 (2) CONFORMING AMENDMENT PERMITTING

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

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

16 striking ‘‘(including any additional sponsor required

17 under section 213A(f))’’ and inserting ‘‘(and any ad18 ditional sponsor required under section 213A(f) or

19 any alternative sponsor permitted under paragraph

20 (5)(B) of such section)’’.

21 (3) ADDITIONAL CONFORMING AMENDMENTS.—

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

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

24 by striking ‘‘(5).’’ and inserting ‘‘(5)(A).’’.
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1 (b) EFFECTIVE DATE.—The amendments made by

2 subsection (a) apply as if included in the enactment of

3 the Illegal Immigration Reform and Immigrant Responsi4 bility Act of 1996 (division C of Public Law 104–208) and

5 shall apply with respect to deaths occurring before, on,

6 or after the date of the enactment of such Act.

Æ