H. R. 1892

One Hundred Seventh Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Wednesday,

the twenty-third day of January, two thousand and two

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.

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 ‘‘Family Sponsor Immigration

Act of 2002’’.

SEC. 2. SUBSTITUTION OF ALTERNATIVE SPONSOR IF ORIGINAL

SPONSOR HAS DIED.

(a) PERMITTING SUBSTITUTION OF ALTERNATIVE CLOSE FAMILY

SPONSOR IN CASE OF DEATH OF PETITIONER.—

(1) RECOGNITION OF ALTERNATIVE SPONSOR.—Section

213A(f)(5) of the Immigration and Nationality Act (8 U.S.C.

1183a(f)(5)) is amended to read as follows:

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

individual who does not meet the requirement of paragraph

(1)(D) but who—

‘‘(A) accepts joint and several liability with a petitioning sponsor under paragraph (2) or relative of an

employment-based immigrant under paragraph (4) and who

demonstrates (as provided under paragraph (6)) the means

to maintain an annual income equal to at least 125 percent

of the Federal poverty line; or

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

sibling, child (if at least 18 years of age), son, daughter,

son-in-law, daughter-in-law, sister-in-law, brother-in-law,

grandparent, or grandchild of a sponsored alien or a legal

guardian of a sponsored alien, meets the requirements

of paragraph (1) (other than subparagraph (D)), and executes an affidavit of support with respect to such alien

in a case in which—

‘‘(i) the individual petitioning under section 204

for the classification of such alien died after the

approval of such petition; and

‘‘(ii) the Attorney General has determined for

humanitarian reasons that revocation of such petition

under section 205 would be inappropriate.’’.

(2) CONFORMING AMENDMENT PERMITTING SUBSTITUTION.—

Section 212(a)(4)(C)(ii) of such Act (8 U.S.C. 1182(a)(4)(C)(ii))

is amended by striking ‘‘(including any additional sponsor
H. R. 1892—2

required under section 213A(f))’’ and inserting ‘‘(and any additional sponsor required under section 213A(f) or any alternative

sponsor permitted under paragraph (5)(B) of such section)’’.

(3) ADDITIONAL CONFORMING AMENDMENTS.—Section

213A(f) of such Act (8 U.S.C. 1183a(f)) is amended, in each

of paragraphs (2) and (4)(B)(ii), by striking ‘‘(5).’’ and inserting

‘‘(5)(A).’’.

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

(a) shall apply with respect to deaths occurring before, on, or

after the date of the enactment of this Act, except that, in the

case of a death occurring before such date, such amendments shall

apply only if—

(1) the sponsored alien—

(A) requests the Attorney General to reinstate the

classification petition that was filed with respect to the

alien by the deceased and approved under section 204

of the Immigration and Nationality Act (8 U.S.C. 1154)

before such death; and

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

the requirement of section 212(a)(4)(C)(ii) of such Act (8

U.S.C. 1182(a)(4)(C)(ii)) by reason of such amendments;

and

(2) the Attorney General reinstates such petition after

making the determination described in section 213A(f)(5)(B)(ii)

of such Act (as amended by subsection (a)(1) of this Act).

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.