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 peti-
tioning 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 exe-
cutes 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 addi-
tional 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.