I
107TH CONGRESS
1ST SESSION
H. R. 1892
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
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.
Æ