Family Sponsor Immigration Act of 2002
PL 107-150 (H.R.1892), enacted 03/13/2002

116 STAT. 74 
PUBLIC LAW 107-150—MAR. 13, 2002 
Public Law 107-150 
107th Congress 
An Act 
To amend the Immigration and Nationality Act to provide for the acceptance of 
Mar. 13, 2002 
an affidavit of support from another eligible sponsor if the original sponsor has 
[HR 18921 
^ ^ 
^^^ *^® Attorney Greneral 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 
Family Sponsor 
the United States of America in Congress assembled. 
Immigration Act 
of 2002. 
SECTION 1. SHORT TITLE. 
8 use 1101 note. 
^ . ^ ^^^ ^^^ ^^ ^^^ 
^^ ^^^ „p^^.jy ^^^^^^^ 
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(fX5) 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 
(IXD)butwho— 
"(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 
PUBLIC LAW 107-150—MAR. 13, 2002 
116 STAT. 75 
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 
"(5XA).". 
(b) EFFECTIVE DATE.—^The amendments made by subsection Applicability. 
(a) shall apply with respect to deaths occurring before, on, or 8 USC 1182 note. 
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 (aXl) of this Act). 
Approved March 13, 2002. 
LEGISLATIVE HISTORY—H.R. 1892: 
HOUSE REPORTS: No. 107-127 (Comm. on the Judiciary). 
CONGRESSIONAL RECORD: 
Vol. 147 (2001): July 23, considered and passed House. 
Dec. 20, considered and passed Senate, amended. 
Vol. 148 (2002): Feb. 26, House concurred in Senate amendment.