107TH CONGRESS

1ST SESSION H. R. 1892

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

107TH CONGRESS

1ST SESSION H. R. 1892

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.
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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.

8 (a) PERMITTING SUBSTITUTION OF ALTERNATIVE

9 CLOSE FAMILY SPONSOR IN CASE OF DEATH OF PETI10 TIONER.—

11 (1) RECOGNITION OF ALTERNATIVE SPON12 SOR.—Section 213A(f)(5) of the Immigration and

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

14 to read as follows:

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

16 includes an individual who does not meet the re17 quirement of paragraph (1)(D) but who—

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

19 a petitioning sponsor under paragraph (2) or

20 relative of an employment-based immigrant

21 under paragraph (4) and who demonstrates (as

22 provided under paragraph (6)) the means to

23 maintain an annual income equal to at least

24 125 percent of the Federal poverty line; or
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1 ‘‘(B) is a spouse, parent, mother-in-law,

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

3 of age), son, daughter, son-in-law, daughter-in4 law, grandparent, or grandchild of a sponsored

5 alien or a legal guardian of a sponsored alien,

6 meets the requirements of paragraph (1) (other

7 than subparagraph (D)), and executes an affi8 davit of support with respect to such alien in a

9 case in which—

10 ‘‘(i) the individual petitioning under

11 section 204 for the classification of such

12 alien died after the approval of such peti13 tion; and

14 ‘‘(ii) the Attorney General has deter15 mined for humanitarian reasons that rev16 ocation of such petition under section 205

17 would be inappropriate.’’.

18 (2) CONFORMING AMENDMENT PERMITTING

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

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

21 striking ‘‘(including any additional sponsor required

22 under section 213A(f))’’ and inserting ‘‘(and any ad23 ditional sponsor required under section 213A(f) or

24 any alternative sponsor permitted under paragraph

25 (5)(B) of such section)’’.
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1 (3) ADDITIONAL CONFORMING AMENDMENTS.—

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

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

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

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

6 subsection (a) shall apply with respect to deaths occurring

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

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

9 date, such amendments shall apply only if—

10 (1) the sponsored alien—

11 (A) requests the Attorney General to rein12 state the classification petition that was filed

13 with respect to the alien by the deceased and

14 approved under section 204 of the Immigration

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

16 such death; and

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

18 satisfy the requirement of section

19 212(a)(4)(C)(ii) of such Act (8 U.S.C.

20 1182(a)(4)(C)(ii)) by reason of such amend21 ments; and

22 (2) the Attorney General reinstates such peti23 tion after making the determination described in
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1 section 213A(f)(5)(B)(ii) of such Act (as amended

2 by subsection (a)(1) of this Act).

Passed the House of Representatives July 23, 2001.

Attest:

Clerk.