[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1167 Introduced in Senate (IS)]
107th CONGRESS
1st Session
S. 1167
To amend the Immigration and Nationality Act to permit the substitution
of an alternative close family sponsor in the case of the death of the
person petitioning for an alien's admission to the United States.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 11, 2001
Mrs. Feinstein (for herself and Mr. Hagel) introduced the following
bill; which was read twice and referred to the Committee on the
Judiciary
_______________________________________________________________________
A BILL
To amend the Immigration and Nationality Act to permit the substitution
of an alternative close family sponsor in the case of the death of the
person petitioning for an alien's admission to the United States.
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.
(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, brother-in-
law, sister-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 such subsection).
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