[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1892 Introduced in House (IH)]







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 humanitarian 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. Cannon, 
   Ms. Roybal-Allard, Mrs. Clayton, Mr. Lewis of California, and Mr. 
    Crane) introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
    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 
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 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, son, daughter, son-in-law, or 
                daughter-in-law of the applicant or a legal guardian of 
                the applicant, meets the requirements of paragraph (1) 
                (other than subparagraph (D)), and executes an 
                affidavit of support 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 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) apply as 
if included in the enactment of the Illegal Immigration Reform and 
Immigrant Responsibility 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.
                                 <all>