II 110th CONGRESS 2d Session S. 3369 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.

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.