[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6034 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 6034

 To amend the Immigration and Nationality Act to provide for relief to 
                    surviving spouses and children.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 13, 2008

   Mr. McGovern (for himself, Mr. Markey, Ms. Bordallo, Mr. Lewis of 
 Georgia, Mr. Daniel E. Lungren of California, Mr. Moran of Virginia, 
 Mr. Sires, Mr. Grijalva, Mrs. Napolitano, Mr. Fattah, Mr. Reyes, Mr. 
  Gene Green of Texas, Mr. Nadler, Ms. Schakowsky, Mr. Gonzalez, Mr. 
  Abercrombie, Mr. Serrano, and Mr. Udall of Colorado) 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 relief to 
                    surviving spouses and children.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. RELIEF FOR SURVIVING SPOUSES.

    (a) In General.--The second sentence of section 201(b)(2)(A)(i) of 
the Immigration and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)) is 
amended by inserting ``(or if, married for less than two years at the 
time of the citizen's death, an alien who proves by a preponderance of 
the evidence that the marriage was entered into in good faith and not 
solely for the purpose of obtaining an immigration benefit)'' after 
``for at least two years at the time of the citizen's death''.
    (b) Applicability.--
            (1) In general.--The amendment made by subsection (a) shall 
        apply to all applications and petitions relating to immediate 
        relative status under section 201(b)(2)(A)(i) of the 
        Immigration and Nationality Act pending on or after the date of 
        the enactment of this Act.
            (2) Other spouses.--In the case of an alien who would be 
        considered, by reason of the amendment made by subsection (a), 
        to remain an immediate relative after the date of their citizen 
        spouse's death if the alien had filed a petition under section 
        204(a)(1)(A)(ii) of such Act within 2 years after such date, 
        but who did not file within such period, the alien shall have 2 
        years after the date of the enactment of this Act to file such 
        petition notwithstanding any other provision of law.
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