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






                                                 Union Calendar No. 586
110th CONGRESS
  2d Session
                                H. R. 6034

                          [Report No. 110-911]

 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

                            October 3, 2008

 Additional sponsors: Mr. Weller of Illinois, Mr. Carson, Mr. Wu, Ms. 
  Solis, Mr. Honda, Mr. Stark, Mr. Pastor, Mr. Meeks of New York, Mr. 
Hinojosa, Mr. Shays, Mr. Bilbray, Mr. Keller of Florida, Mr. Walden of 
                 Oregon, and Mr. Garrett of New Jersey

                            October 3, 2008

  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 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,

<DELETED>SECTION 1. RELIEF FOR SURVIVING SPOUSES.</DELETED>

<DELETED>    (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''.</DELETED>
<DELETED>    (b) Applicability.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>

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 2 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 2 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) Transition cases.--
                    (A) In general.--In the case of an alien described 
                in subparagraph (B) who seeks immediate relative status 
                pursuant to the amendment made by subsection (a), the 
                alien shall have until the date that is 2 years after 
                the date of the enactment of this Act to file a 
                petition under section 204(a)(1)(A)(ii) of the 
                Immigration and Nationality Act (8 U.S.C. 
                1154(a)(1)(A)(ii)), notwithstanding any other provision 
                of law.
                    (B) Aliens described.--An alien is described in 
                this subparagraph if--
                            (i) the alien's United States citizen 
                        spouse died before the date of the enactment of 
                        this Act;
                            (ii) the alien and the citizen spouse were 
                        married for less than 2 years at the time of 
                        the citizen spouse's death; and
                            (iii) the alien has not remarried.
                                                 Union Calendar No. 586

110th CONGRESS

  2d Session

                               H. R. 6034

                          [Report No. 110-911]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                            October 3, 2008

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