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






                                                  Union Calendar No. 72
107th CONGRESS
  1st Session
                                H. R. 1892

                          [Report No. 107-127]

    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

                             July 10, 2001

Additional sponsors: Mr. Baca, Mr. Honda, Mr. Sessions, Mr. Pastor, Mr. 
 Schiff, Mrs. Bono, Ms. Jackson-Lee of Texas, Ms. Hart, Mr. Horn, Ms. 
 Carson of Indiana, Mrs. Biggert, Mr. Waxman, Ms. Sanchez, and Mr. Rush

                             July 10, 2001

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Family Sponsor Immigration 
Act of 2001''.</DELETED>

<DELETED>SEC. 2. SUBSTITUTION OF ALTERNATIVE SPONSOR IF ORIGINAL 
              SPONSOR HAS DIED BUT PETITION IS NOT REVOKED.</DELETED>

<DELETED>    (a) Permitting Substitution of Alternative Close Family 
Sponsor in Case of Death of Petitioner.--</DELETED>
        <DELETED>    (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:</DELETED>
        <DELETED>    ``(5) Non-petitioning cases.--Such term also 
        includes an individual who does not meet the requirement of 
        paragraph (1)(D) but who--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) the individual petitioning 
                        for the admission of the alien under section 
                        204 has died; and</DELETED>
                        <DELETED>    ``(ii) the Attorney General has 
                        determined for humanitarian reasons that 
                        revocation of such petition under section 205 
                        would be inappropriate.''.</DELETED>
        <DELETED>    (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)''.</DELETED>
        <DELETED>    (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).''.</DELETED>
<DELETED>    (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.</DELETED>

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.

    (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, 
                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).




                                                  Union Calendar No. 72

107th CONGRESS

  1st Session

                               H. R. 1892

                          [Report No. 107-127]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                             July 10, 2001

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed