IIB 
109TH CONGRESS 
2D SESSION 
H. R. 3827 
IN THE SENATE OF THE UNITED STATES 
SEPTEMBER 22, 2005 
Received 
JANUARY 27, 2006 
Read twice and referred to the Committee on the Judiciary 
AN ACT 
To preserve certain immigration benefits for victims of 
Hurricane Katrina, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
HR 3827 RFS 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Immigration Relief for 
Hurricane Katrina Victims Act of 2005’’. 
SEC. 2. SPECIAL IMMIGRANT STATUS. 
(a) IN GENERAL.—For purposes of the Immigration 
and Nationality Act (8 U.S.C. 1101 et seq.), the Secretary 
of Homeland Security may provide an alien described in 
subsection (b) with the status of a special immigrant 
under section 101(a)(27) of such Act (8 U.S.C. 
1101(a(27)), if the alien— 
(1) files with the Secretary of Homeland Secu-
rity a petition under section 204 of such Act (8 
U.S.C. 1154) for classification under section 
203(b)(4) of such Act (8 U.S.C. 1153(b)(4)); and 
(2) is otherwise eligible to receive an immigrant 
visa and is otherwise admissible to the United States 
for permanent residence, except in determining such 
admissibility, the grounds for inadmissibility speci-
fied in section 212(a)(4) of such Act (8 U.S.C. 
1182(a)(4)) shall not apply. 
(b) ALIENS DESCRIBED.— 
(1) PRINCIPAL ALIENS.—An alien is described 
in this subsection if— 
(A) the alien was the beneficiary of—
HR 3827 RFS 
(i) a petition that was filed with the 
Secretary of Homeland Security on or be-
fore August 29, 2005— 
(I) under section 204 of the Im-
migration and Nationality Act (8 
U.S.C. 1154) to classify the alien as 
a family-sponsored immigrant under 
section 203(a) of such Act (8 U.S.C. 
1153(a)) or as an employment-based 
immigrant under section 203(b) of 
such Act (8 U.S.C. 1153(b)); or 
(II) under section 214(d) (8 
U.S.C. 1184(d)) of such Act to au-
thorize 
the 
issuance 
of 
a 
non-
immigrant visa to the alien under sec-
tion 101(a)(15)(K) of such Act (8 
U.S.C. 1101(a)(15)(K)); or 
(ii) an application for labor certifi-
cation under section 212(a)(5)(A) of such 
Act (8 U.S.C. 1182(a)(5)(A)) that was 
filed under regulations of the Secretary of 
Labor on or before such date; and 
(B) such petition or application was re-
voked or terminated (or otherwise rendered 
null), either before or after its approval, due to
HR 3827 RFS 
a specified hurricane disaster that had as a con-
sequence— 
(i) the death or disability of the peti-
tioner, applicant, or alien beneficiary; or 
(ii) loss of employment due to physical 
damage to, or destruction of, the business 
of the petitioner or applicant. 
(2) SPOUSES AND CHILDREN.— 
(A) IN GENERAL.—An alien is described in 
this subsection if— 
(i) the alien was, on August 29, 2005, 
the spouse or child of a principal alien de-
scribed in paragraph (1); and 
(ii) the alien— 
(I) is accompanying such prin-
cipal alien; or 
(II) is following to join such prin-
cipal alien not later than August 29, 
2007. 
(B) CONSTRUCTION.—For purposes of 
construing the terms ‘‘accompanying’’ and ‘‘fol-
lowing to join’’ in subparagraph (A)(ii), any 
death of a principal alien that is described in 
paragraph (1)(B)(i) shall be disregarded.