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Union Calendar No. 72

107TH CONGRESS

1ST SESSION H. R. 1892

[Report No. 107–127]

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

JULY 10, 2001

Additional sponsors: Mr. BACA, Mr. HONDA, Mr. SESSIONS, Mr. PASTOR, Mr.

SCHIFF, Mrs. BONO, Ms. JACKSON-LEE of Texas, Ms. HART, Mr. HORN,

Ms. CARSON of Indiana, Mrs. BIGGERT, Mr. WAXMAN, Ms. SANCHEZ,

and Mr. RUSH

JULY 10, 2001

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL

To amend the Immigration and Nationality Act to provide
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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,

3 SECTION 1. SHORT TITLE.

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

6 SEC. 2. SUBSTITUTION OF ALTERNATIVE SPONSOR IF

7 ORIGINAL SPONSOR HAS DIED BUT PETITION

8 IS NOT REVOKED.

9 (a) PERMITTING SUBSTITUTION OF ALTERNATIVE

10 CLOSE FAMILY SPONSOR IN CASE OF DEATH OF PETI11 TIONER.—

12 (1) RECOGNITION OF ALTERNATIVE SPON13 SOR.—Section 213A(f)(5) of the Immigration and

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

15 to read as follows:

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

17 includes an individual who does not meet the re18 quirement of paragraph (1)(D) but who—

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

20 a petitioning sponsor under paragraph (2) or

21 relative of an employment-based immigrant
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1 under paragraph (4) and who demonstrates (as

2 provided under paragraph (6)) the means to

3 maintain an annual income equal to at least

4 125 percent of the Federal poverty line; or

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

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

7 or daughter-in-law of the applicant or a legal

8 guardian of the applicant, meets the require9 ments of paragraph (1) (other than subpara10 graph (D)), and executes an affidavit of sup11 port with respect to a sponsored alien in a case

12 in which—

13 ‘‘(i) the individual petitioning for the

14 admission of the alien under section 204

15 has died; and

16 ‘‘(ii) the Attorney General has deter17 mined for humanitarian reasons that rev18 ocation of such petition under section 205

19 would be inappropriate.’’.

20 (2) CONFORMING AMENDMENT PERMITTING

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

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

23 striking ‘‘(including any additional sponsor required

24 under section 213A(f))’’ and inserting ‘‘(and any ad25 ditional sponsor required under section 213A(f) or
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1 any alternative sponsor permitted under paragraph

2 (5)(B) of such section)’’.

3 (3) ADDITIONAL CONFORMING AMENDMENTS.—

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

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

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

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

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

9 the Illegal Immigration Reform and Immigrant Responsi10 bility Act of 1996 (division C of Public Law 104–208) and

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

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

13 SECTION 1. SHORT TITLE.

14 This Act may be cited as the ‘‘Family Sponsor Immi15 gration Act of 2001’’.

16 SEC. 2. SUBSTITUTION OF ALTERNATIVE SPONSOR IF

17 ORIGINAL SPONSOR HAS DIED.

18 (a) PERMITTING SUBSTITUTION OF ALTERNATIVE

19 CLOSE FAMILY SPONSOR IN CASE OF DEATH OF PETI20 TIONER.—

21 (1) RECOGNITION OF ALTERNATIVE SPONSOR.—

22 Section 213A(f)(5) of the Immigration and Nation23 ality Act (8 U.S.C. 1183a(f)(5)) is amended to read

24 as follows:
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1 ‘‘(5) NON-PETITIONING CASES.—Such term also

2 includes an individual who does not meet the require3 ment of paragraph (1)(D) but who—

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

5 a petitioning sponsor under paragraph (2) or

6 relative of an employment-based immigrant

7 under paragraph (4) and who demonstrates (as

8 provided under paragraph (6)) the means to

9 maintain an annual income equal to at least

10 125 percent of the Federal poverty line; or

11 ‘‘(B) is a spouse, parent, mother-in-law, fa12 ther-in-law, sibling, child (if at least 18 years of

13 age), son, daughter, son-in-law, daughter-in-law,

14 grandparent, or grandchild of a sponsored alien

15 or a legal guardian of a sponsored alien, meets

16 the requirements of paragraph (1) (other than

17 subparagraph (D)), and executes an affidavit of

18 support with respect to such alien in a case in

19 which—

20 ‘‘(i) the individual petitioning under

21 section 204 for the classification of such

22 alien died after the approval of such peti23 tion; and

24 ‘‘(ii) the Attorney General has deter25 mined for humanitarian reasons that rev-
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1 ocation of such petition under section 205

2 would be inappropriate.’’.

3 (2) CONFORMING AMENDMENT PERMITTING SUB4 STITUTION.—Section 212(a)(4)(C)(ii) of such Act (8

5 U.S.C. 1182(a)(4)(C)(ii)) is amended by striking

6 ‘‘(including any additional sponsor required under

7 section 213A(f))’’ and inserting ‘‘(and any additional

8 sponsor required under section 213A(f) or any alter9 native sponsor permitted under paragraph (5)(B) of

10 such section)’’.

11 (3) ADDITIONAL CONFORMING AMENDMENTS.—

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

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

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

15 (b) EFFECTIVE DATE.—The amendments made by sub16 section (a) shall apply with respect to deaths occurring be17 fore, on, or after the date of the enactment of this Act, except

18 that, in the case of a death occurring before such date, such

19 amendments shall apply only if—

20 (1) the sponsored alien—

21 (A) requests the Attorney General to rein22 state the classification petition that was filed

23 with respect to the alien by the deceased and ap24 proved under section 204 of the Immigration
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1 and Nationality Act (8 U.S.C. 1154) before such

2 death; and

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

4 satisfy the requirement of section

5 212(a)(4)(C)(ii) of such Act (8 U.S.C.

6 1182(a)(4)(C)(ii)) by reason of such amend7 ments; and

8 (2) the Attorney General reinstates such petition

9 after making the determination described in section

10 213A(f)(5)(B)(ii) of such Act (as amended by sub11 section (a)(1) of this Act).
Union Calendar No. 72

107TH CONGRESS

1ST SESSION H. R. 1892

[Report No. 107–127]

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 originalsponsor has died and the Attorney General hasdetermined for humanitarian reasons that theoriginal sponsor’s classification petition shouldnot be revoked.

JULY 10, 2001

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union,

and ordered to be printed