[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3369 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 3369

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 30, 2008

   Mr. Nelson of Florida (for himself, Mr. Kennedy, Mr. Durbin, Mr. 
Menendez, and Mr. Kerry) 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 provide for relief to 
        surviving spouses and children, and for other purposes.

    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 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.
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