IB 
Union Calendar No. 586 
110TH CONGRESS 
2D SESSION 
H. R. 6034 
[Report No. 110–911] 
To amend the Immigration and Nationality Act to provide for relief to 
surviving spouses and children. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 13, 2008 
Mr. MCGOVERN (for himself, Mr. MARKEY, Ms. BORDALLO, Mr. LEWIS of 
Georgia, Mr. DANIEL E. LUNGREN of California, Mr. MORAN of Virginia, 
Mr. SIRES, Mr. GRIJALVA, Mrs. NAPOLITANO, Mr. FATTAH, Mr. REYES, 
Mr. GENE GREEN of Texas, Mr. NADLER, Ms. SCHAKOWSKY, Mr. GON-
ZALEZ, Mr. ABERCROMBIE, Mr. SERRANO, and Mr. UDALL of Colorado) 
introduced the following bill; which was referred to the Committee on the 
Judiciary 
OCTOBER 3, 2008 
Additional sponsors: Mr. WELLER of Illinois, Mr. CARSON, Mr. WU, Ms. 
SOLIS, Mr. HONDA, Mr. STARK, Mr. PASTOR, Mr. MEEKS of New York, 
Mr. HINOJOSA, Mr. SHAYS, Mr. BILBRAY, Mr. KELLER of Florida, Mr. 
WALDEN of Oregon, and Mr. GARRETT of New Jersey 
OCTOBER 3, 2008 
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 
for relief to surviving spouses and children. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. RELIEF FOR SURVIVING SPOUSES. 
(a) IN GENERAL.—The second sentence of section 
201(b)(2)(A)(i) of the Immigration and Nationality Act 
(8 U.S.C. 1151(b)(2)(A)(i)) is amended by inserting ‘‘(or 
if, married for less than two years at the time of the citi-
zen’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 immi-
gration benefit)’’ after ‘‘for at least two years at the time 
of the citizen’s death’’. 
(b) APPLICABILITY.— 
(1) IN
GENERAL.—The amendment made by 
subsection (a) shall apply to all applications and pe-
titions relating to immediate relative status under 
section 201(b)(2)(A)(i) of the Immigration and Na-
tionality Act pending on or after the date of the en-
actment of this Act. 
(2) OTHER SPOUSES.—In the case of an alien 
who would be considered, by reason of the amend-
ment made by subsection (a), to remain an imme-
diate relative after the date of their citizen spouse’s 
death if the alien had filed a petition under section 
204(a)(1)(A)(ii) of such Act within 2 years after 
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such date, but who did not file within such period, 
the alien shall have 2 years after the date of the en-
actment of this Act to file such petition notwith-
standing any other provision of law. 
SECTION 1. RELIEF FOR SURVIVING SPOUSES. 
(a) IN GENERAL.—The second sentence of section 
201(b)(2)(A)(i) of the Immigration and Nationality Act (8 
U.S.C. 1151(b)(2)(A)(i)) is amended by inserting ‘‘(or, if 
married for less than 2 years at the time of the citizen’s 
death, an alien who proves by a preponderance of the evi-
dence that the marriage was entered into in good faith and 
not solely for the purpose of obtaining an immigration ben-
efit)’’ after ‘‘for at least 2 years at the time of the citizen’s 
death’’. 
(b) APPLICABILITY.— 
(1) IN GENERAL.—The amendment made by sub-
section (a) shall apply to all applications and peti-
tions relating to immediate relative status under sec-
tion 201(b)(2)(A)(i) of the Immigration and Nation-
ality Act pending on or after the date of the enact-
ment of this Act. 
(2) TRANSITION CASES.— 
(A) IN GENERAL.—In the case of an alien 
described in subparagraph (B) who seeks imme-
diate relative status pursuant to the amendment 
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made by subsection (a), the alien shall have until 
the date that is 2 years after the date of the en-
actment of this Act to file a petition under sec-
tion 204(a)(1)(A)(ii) of the Immigration and 
Nationality Act (8 U.S.C. 1154(a)(1)(A)(ii)), 
notwithstanding any other provision of law. 
(B) ALIENS DESCRIBED.—An alien is de-
scribed in this subparagraph if— 
(i) the alien’s United States citizen 
spouse died before the date of the enactment 
of this Act; 
(ii) the alien and the citizen spouse 
were married for less than 2 years at the 
time of the citizen spouse’s death; and 
(iii) the alien has not remarried. 
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Union Calendar No. 586 
110TH CONGRESS 
2D SESSION 
H. R. 6034 
[Report No. 110–911] 
A BILL 
To amend the Immigration and Nationality Act to 
provide for relief to surviving spouses and children. 
OCTOBER 3, 2008 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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