[Congressional Record: December 20, 2001 (Senate)]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
FAMILY SPONSOR IMMIGRATION ACT OF 2001
Mr. REID. Mr. President, I ask unanimous consent the Senate proceed
to Calendar No. 289, H.R. 1892.
The PRESIDENT pro tempore. The clerk will report the bill by title.
The legislative clerk read as follows:
A bill (H.R. 1892) 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.
There being no objection, the Senate proceeded to consider the
bill, which had been reported from the Committee on the Judiciary, with
[Matter to be added is printed in italic.]
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Family Sponsor Immigration
Act of 2001''.
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
``(i) the individual petitioning under section 204 for the
classification of such alien died after the approval of such
``(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
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
(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
(b) Effective 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
(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).
Mr. REID. Mr. President, I ask unanimous consent that the committee
amendment be agreed to, the bill be read a third time and passed, the
motion to reconsider be laid on the table with no intervening action or
debate, and that any statements pertaining to this matter be printed in
The PRESIDENT pro tempore. Without objection, it is so ordered.
The committee amendment was agreed to.
The bill (H.R. 1892), as amended, was passed.
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