IB
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 humani-
tarian 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. CAN-
NON, Ms. ROYBAL-ALLARD, Mrs. CLAYTON, Mr. LEWIS of California, and
Mr. CRANE) introduced the following bill; which was referred to the Com-
mittee 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
for the acceptance of an affidavit of support from an-
other eligible sponsor if the original sponsor has died
and the Attorney General has determined for humani-
tarian reasons that the original sponsor’s classification
petition should not be revoked.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Family Sponsor Immi-
gration Act of 2001’’.
SEC.
2.
SUBSTITUTION
OF
ALTERNATIVE
SPONSOR
IF
ORIGINAL SPONSOR HAS DIED BUT PETITION
IS NOT REVOKED.
(a) PERMITTING SUBSTITUTION OF ALTERNATIVE
CLOSE FAMILY SPONSOR IN CASE OF DEATH OF PETI-
TIONER.—
(1)
RECOGNITION
OF
ALTERNATIVE
SPON-
SOR.—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 re-
quirement 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, son, daughter, son-in-law,
or daughter-in-law of the applicant or a legal
guardian of the applicant, meets the require-
ments of paragraph (1) (other than subpara-
graph (D)), and executes an affidavit of sup-
port with respect to a sponsored alien in a case
in which—
‘‘(i) the individual petitioning for the
admission of the alien under section 204
has died; and
‘‘(ii) the Attorney General has deter-
mined for humanitarian reasons that rev-
ocation 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 required
under section 213A(f))’’ and inserting ‘‘(and any ad-
ditional 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) apply as if included in the enactment of
the Illegal Immigration Reform and Immigrant Responsi-
bility Act of 1996 (division C of Public Law 104–208) and
shall apply with respect to deaths occurring before, on,
or after the date of the enactment of such Act.
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Family Sponsor Immi-
gration Act of 2001’’.
SEC. 2. SUBSTITUTION OF ALTERNATIVE SPONSOR IF
ORIGINAL SPONSOR HAS DIED.
(a) PERMITTING
SUBSTITUTION
OF
ALTERNATIVE
CLOSE FAMILY SPONSOR IN CASE OF DEATH OF PETI-
TIONER.—
(1) RECOGNITION OF ALTERNATIVE SPONSOR.—
Section 213A(f)(5) of the Immigration and Nation-
ality 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 require-
ment 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, fa-
ther-in-law, sibling, child (if at least 18 years of
age), son, daughter, son-in-law, daughter-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 peti-
tion; and
‘‘(ii) the Attorney General has deter-
mined for humanitarian reasons that rev-
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 amend-
ments; 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 sub-
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 sup-
port 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.
JULY 10, 2001
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union,
and ordered to be printed