S.744 Immigration bill - Sec. 2312: RELIEF FOR ORPHANS, WIDOWS, AND WIDOWERS
Posted Wed, Apr 17, 2013 at 4:56 pm
- (a) In General-
- (1) SPECIAL RULE FOR ORPHANS AND SPOUSES- In applying
clauses (iii) and (iv) of section 201(b)(2)(A) of the Immigration and
Nationality Act, as added by section 102(a) of this Act, to an alien
whose citizen or lawful permanent resident relative died before the date
of the enactment of this Act, the alien relative may file the
classification petition under section 204(a)(1)(A)(ii) of such Act, as
amended by section 102(c)(4)(A)(i)(II) of this Act, not later than 2
years after the date of the enactment of this Act.
- (2) ELIGIBILITY FOR PAROLE- If an alien was excluded,
deported, removed, or departed voluntarily before the date of the
enactment of this Act based solely upon the alien's lack of
classification as an immediate relative (as defined in section
201(b)(2)(A)(iv) of the Immigration and Nationality Act, as amended by
section 102(a) of this Act) due to the death of such citizen or
resident--
- (A) such alien shall be eligible for parole into
the United States pursuant to the Secretary's discretionary authority
under section 212(d)(5) of such Act (8 U.S.C. 1182(d)(5)); and
- (B) such alien's application for adjustment of
status shall be considered notwithstanding section 212(a)(9) of such Act
(8 U.S.C. 1182(a)(9)).
- (3) ELIGIBILITY FOR PAROLE- If an alien described in
section 204(l) of the Immigration and Nationality Act (8 U.S.C.
1154(l)), was excluded, deported, removed, or departed voluntarily
before the date of the enactment of this Act--
- (A) such alien shall be eligible for parole into
the United States pursuant to the Secretary's discretionary authority
under section 212(d)(5) of such Act (8 U.S.C. 1182(d)(5)); and
- (B) such alien's application for adjustment of
status shall be considered notwithstanding section 212(a)(9) of such Act
(8 U.S.C. 1182(a)(9)).
- (b) Processing of Immigrant Visas and Derivative Petitions-
- (1) IN GENERAL- Section 204(b) (8 U.S.C. 1154(b)) is amended--
- (A) by striking `After an investigation' and inserting `(1) After an investigation'; and
- (B) by adding at the end the following:
- `(2)(A) Any alien described in subparagraph (B) whose
qualifying relative died before the completion of immigrant visa
processing may have an immigrant visa application adjudicated as if such
death had not occurred. An immigrant visa issued before the death of
the qualifying relative shall remain valid after such death.
- `(B) An alien described in this subparagraph is an alien who--
- `(i) is an immediate relative (as described in section 201(b)(2)(A));
- `(ii) is a family-sponsored immigrant (as described in subsection (a) or (d) of section 203);
- `(iii) is a derivative beneficiary of an employment-based immigrant under section 203(b) (as described in section 203(d)); or
- `(iv) is the spouse or child of a refugee (as described
in section 207(c)(2)) or an asylee (as described in section
208(b)(3)).'.
- (2) TRANSITION PERIOD-
- (A) IN GENERAL- Notwithstanding a denial or
revocation of an application for an immigrant visa for an alien whose
qualifying relative died before the date of the enactment of this Act,
such application may be renewed by the alien through a motion to reopen,
without fee.
- (B) INAPPLICABILITY OF BARS TO ENTRY-
Notwithstanding section 212(a)(9) of the Immigration and Nationality Act
(8 U.S.C. 1182(a)(9)), an alien's application for an immigrant visa
shall be considered if the alien was excluded, deported, removed, or
departed voluntarily before the date of the enactment of this Act.
- (c) Naturalization- Section 319(a) (8 U.S.C. 1430(a)) is
amended by striking `States,' and inserting `States (or if the spouse is
deceased, the spouse was a citizen of the United States),'.
- (d) Waivers of Inadmissibility- Section 212 (8 U.S.C. 1182) is amended by adding at the end the following:
- `(v) Continued Waiver Eligibility for Widows, Widowers, and
Orphans- In the case of an alien who would have been statutorily
eligible for any waiver of inadmissibility under this Act but for the
death of a qualifying relative, the eligibility of such alien shall be
preserved as if the death had not occurred and the death of the
qualifying relative shall be the functional equivalent of hardship for
purposes of any waiver of inadmissibility which requires a showing of
hardship.'.
- (e) Surviving Relative Consideration for Certain Petitions
and Applications- Section 204(l)(1) (8 U.S.C. 1154(l)(1)) is amended--
- (1) by striking `who resided in the United States at
the time of the death of the qualifying relative and who continues to
reside in the United States'; and
- (2) by striking `related applications,' and inserting `related applications (including affidavits of support),'.
- (f) Immediate Relatives- Section 201(b)(2)(A)(i) (8 U.S.C.
1151(b)(2)(A)(i)) is amended by striking `within 2 years after such
date'.
- (g) Family-sponsored Immigrants- Section 212(a)(4)(C)(i) (8 U.S.C. 1182(a)(4)(C)(i)) is amended--
- (1) in subclause (I), by striking `, or' and inserting a semicolon;
- (2) in subclause (II), by striking `or' at the end; and
- (3) by adding at the end the following:
- `(IV) the status as a surviving relative under 204(l); or'.
2312
RELIEF FOR ORPHANS, WIDOWS, AND WIDOWERS