[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