[107th Congress Public Law 150]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ150.107]
[[Page 116 STAT. 74]]
Public Law 107-150
107th Congress
An Act
To amend the Immigration and Nationality Act to provide for the
acceptance of an affidavit of support from another eligible sponsor if
the original sponsor has died and the Attorney General has determined
for humanitarian reasons that the original sponsor's classification
petition should not be revoked. <<NOTE: Mar. 13, 2002 - [H.R. 1892]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Family Sponsor Immigration
Act of 2002.>> assembled,
SECTION 1. <<NOTE: 8 USC 1101 note.>> SHORT TITLE.
This Act may be cited as the ``Family Sponsor Immigration Act of
2002''.
SEC. 2. SUBSTITUTION OF ALTERNATIVE SPONSOR IF ORIGINAL SPONSOR HAS
DIED.
(a) Permitting Substitution of Alternative Close Family Sponsor in
Case of Death of Petitioner.--
(1) Recognition of alternative sponsor.--Section 213A(f)(5)
of the Immigration and Nationality Act (8 U.S.C. 1183a(f)(5)) is
amended to read as follows:
``(5) Non-petitioning cases.--Such term also includes an
individual who does not meet the requirement of paragraph (1)(D)
but who--
``(A) accepts joint and several liability with a
petitioning sponsor under paragraph (2) or relative of
an employment-based immigrant under paragraph (4) and
who demonstrates (as provided under paragraph (6)) the
means to maintain an annual income equal to at least 125
percent of the Federal poverty line; or
``(B) is a spouse, parent, mother-in-law, father-in-
law, sibling, child (if at least 18 years of age), son,
daughter, son-in-law, daughter-in-law, sister-in-law,
brother-in-law, grandparent, or grandchild of a
sponsored alien or a legal guardian of a sponsored
alien, meets the requirements of paragraph (1) (other
than subparagraph (D)), and executes an affidavit of
support with respect to such alien in a case in which--
``(i) the individual petitioning under section
204 for the classification of such alien died
after the approval of such petition; and
``(ii) the Attorney General has determined for
humanitarian reasons that revocation of such
petition under section 205 would be
inappropriate.''.
(2) Conforming amendment permitting substitution.--Section
212(a)(4)(C)(ii) of such Act (8 U.S.C. 1182(a)(4)(C)(ii)) is
amended by striking ``(including any additional sponsor
[[Page 116 STAT. 75]]
required under section 213A(f))'' and inserting ``(and any
additional sponsor required under section 213A(f) or any
alternative sponsor permitted under paragraph (5)(B) of such
section)''.
(3) Additional conforming amendments.--Section 213A(f) of
such Act (8 U.S.C. 1183a(f)) is amended, in each of paragraphs
(2) and (4)(B)(ii), by striking ``(5).'' and inserting
``(5)(A).''.
(b) Effective <<NOTE: Applicability. 8 USC 1182 note.>> Date.--The
amendments made by subsection (a) shall apply with respect to deaths
occurring before, on, or after the date of the enactment of this Act,
except that, in the case of a death occurring before such date, such
amendments shall apply only if--
(1) the sponsored alien--
(A) requests the Attorney General to reinstate the
classification petition that was filed with respect to
the alien by the deceased and approved under section 204
of the Immigration and Nationality Act (8 U.S.C. 1154)
before such death; and
(B) demonstrates that he or she is able to satisfy
the requirement of section 212(a)(4)(C)(ii) of such Act
(8 U.S.C. 1182(a)(4)(C)(ii)) by reason of such
amendments; and
(2) the Attorney General reinstates such petition after
making the determination described in section 213A(f)(5)(B)(ii)
of such Act (as amended by subsection (a)(1) of this Act).
Approved March 13, 2002.
LEGISLATIVE HISTORY--H.R. 1892:
---------------------------------------------------------------------------
HOUSE REPORTS: No. 107-127 (Comm. on the Judiciary).
CONGRESSIONAL RECORD:
Vol. 147 (2001):
July 23, considered and passed
House.
Dec. 20, considered and passed
Senate, amended.
Vol. 148 (2002):
Feb. 26, House concurred in Senate
amendment.
<all>