[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).
                                 <all>