[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1892 Enrolled Bill (ENR)]

        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 
        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, 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 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 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 required 
    under section 213A(f))'' and inserting ``(and any additional 
    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.