[Congressional Record Volume 143, Number 86 (Thursday, June 19, 1997)]
[Extensions of Remarks]
[Pages E1265-E1266]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          AMENDING IMMIGRATION AND NATIONALITY ACT, H.R. 1961

                                 ______
                                 

                        HON. BENJAMIN A. GILMAN

                              of new york

                    in the house of representatives

                        Thursday, June 19, 1997

  Mr. GILMAN. Mr. Speaker, I rise today to introduce H.R. 1961, a bill 
which would amend

[[Page E1266]]

the Immigration and Nationality Act to authorize the Attorney General 
to continue to treat certain petitions approved under section 204 of 
the act as valid, notwithstanding the death of the petitioner or 
beneficiary.
  In the past, circumstances have arisen where a family has been 
petitioned for the right to immigrate to the United States. In these 
cases, the papers were in order and preliminary approval was granted. 
However, before final approval was given, either the head of the family 
or the family's petitioner died unexpectedly. As a result, under 
current law, when the beneficiary died, the surviving spouse and 
children are unable to immigrate and must begin the process again. In 
cases where the petitioner died, the family wishing to immigrate must 
likewise restart the application process.
  This legislation would allow the Attorney General, acting for 
humanitarian reasons, to disregard such a death in applying the 
provisions of this act to either the surviving spouse and children, in 
the case of a beneficiary's death, or to the beneficiary and family in 
the case of a petitioner's death.
  Accordingly, I urge my colleagues to join me in supporting this 
legislation which will correct an unforeseen, yet unfortunate injustice 
in our Nation's immigration laws.

                               H.R. 1961

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

     SECTION 1. TREATMENT OF CLASSIFICATION PETITIONS UPON DEATH 
                   OF PETITIONER OR BENEFICIARY.

       Section 205 of the Immigration and Nationality Act (8 
     U.S.C. 1155) is amended--
       (1) by striking ``The Attorney General'' and inserting 
     ``(a) In General.--Subject to subsection (b), the Attorney 
     General''; and
       (2) by adding at the end the following:
       ``(b) Effect of Death on Certain Petitions.--
       ``(1) Death of petitioner.--In any case in which a person 
     who has filed a petition under section 204 on behalf of a 
     beneficiary dies after the approval of the petition, the 
     Attorney General may, for humanitarian reasons, disregard 
     such death in applying the provisions of this Act to the 
     beneficiary and any spouse or child of the beneficiary.
       ``(2) Death of beneficiary.--In any case in which a 
     beneficiary of a petition filed under section 204 dies after 
     the approval of the petition, the Attorney General may, for 
     humanitarian reasons, disregard such death in applying the 
     provisions of this Act to any spouse or child of the 
     beneficiary.''.

     

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