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July 8, 2009, 12:00 am ET - Amendment SA 1428 proposed by Senator Hatch to Amendment SA 1373.
July 9, 2009, 12:00 am ET - Considered by Senate.
July 9, 2009, 12:00 am ET - Amendment SA 1428 as modified agreed to in Senate by Unanimous Consent.

Full Text of this Amendment

SA 1428. Mr. HATCH (for himself, Mr. Menendez, Mr. Nelson of Florida, and Mrs. Gillibrand) submitted an amendment intended to be proposed to amendment SA 1373 proposed by Mr. Reid (for Mr. Byrd (for himself, Mr. Inouye, and Mrs. Murray)) to the bill H.R. 2892, making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2010, and for other purposes; as follows:

On page 77, between lines 16 and 17, insert the following:
SEC. 556. IMMIGRATION PROVISIONS.
(a) Special Immigrant Nonminister Religious Worker Program.--
(1) EXTENSION.--Section 101(a)(27)(C)(ii) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(27)(C)(ii)), as amended by section 2(a) of the Special Immigrant Nonminister Religious Worker Program Act (Public Law 110-391), is amended by striking ``September 30, 2009'' each place such term appears and inserting ``September 30, 2012''.
(2) STUDY AND PLAN.--Not later than the earlier of 90 days after the date of the enactment of this Act or March 30, 2010, the Director of United States Citizenship and Immigration Services shall submit a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives that includes--
(A) the results of a study conducted under the supervision of the Director to evaluate the Special Immigrant Nonminister Religious Worker Program to identify the risks of fraud and noncompliance by program participants; and
(B) a detailed plan that describes the actions to be taken by the Department of Homeland Security against noncompliant program participants and future noncompliant program participants.
(3) PROGRESS REPORT.--Not later than the earlier of 90 days after the submission of the report under subsection (b) or June 30, 2010, the Director of United States Citizenship and Immigration Services shall submit a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives that describes the progress made in reducing the number of noncompliant participants of the Special Immigrant Nonminister Religious Worker Program.
(b) Conrad State 30 J-1 Visa Waiver Program.--Section 220(c) of the Immigration and Nationality Technical Corrections Act of 1994 (8 U.S.C. 1182 note) is amended by striking ``September 30, 2009'' and inserting ``September 30, 2012''.
(c) Relief for Orphans and Spouses of United States Citizens.--
(1) AMENDMENT.--Section 201(b)(2)(A)(i) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)) is amended--
(A) by inserting ``or, if married to such citizen 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''; and
(B) by adding at the end the following: ``For purposes of this subsection, an alien who was the child or parent of a citizen of the United States on the date of the citizen's death shall be considered to remain an immediate relative after such date if the alien parent files a petition under section 204(a)(1)(A)(ii) not later than 2 years after such date or the alien child files such a petition before reaching 21 years of age.''.
(2) PROCEDURE FOR GRANTING IMMIGRANT STATUS.--Section 204(a)(1)(A)(ii) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)(ii)) is amended by adding at the end of the following: ``An alien parent or child described in the fourth sentence of section 201(b)(2)(A)(i) also may file a petition with the Attorney General under this subparagraph for classification of the alien under such section.''.
(3) SPECIAL RULE FOR ORPHANS AND SPOUSES.--In applying section 201(b)(2)(A)(i) of the Immigration and Nationality Act, as amended by paragraph (1), to an alien whose citizen 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 not later than 2 years after the date of the enactment of this Act.
(4) 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)(i) of the Immigration and Nationality Act) due to the death of the alien's citizen relative--
(A) such alien shall be eligible for parole into the United States pursuant to the Attorney General'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)).
(d) Adjustment of Status.--
(1) SURVIVING SPOUSES, PARENTS, AND CHILDREN.--Section 245 of the Immigration and Nationality Act (8 U.S.C. 1255) is amended by adding at the end the following:
``(n) Application for Adjustment of Status by Surviving Spouses, Parents, and Children.--
``(1) IN GENERAL.--An alien described in paragraph (2) who applies for adjustment of status before the death of the qualifying relative may have such application adjudicated as if such death had not occurred.
``(2) ALIEN DESCRIBED.--An alien described in this paragraph is an alien who--
``(A) is an immediate relative (as described in section 201(b)(2)(A));
``(B) is a family-sponsored immigrant (as described in subsection (a) or (d) of section 203); or
``(C) is a derivative beneficiary of an employment-based immigrant under section 203(b) (as described in section 203(d)).''.
(2) REFUGEES.--Section 209(b) of the Immigration and Nationality Act (8 U.S.C. 1259(b)) is amended by adding at the end the following ``An alien who 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) who applies for adjustment of status before the death of a qualifying relative may have such application adjudicated as if such death had not occurred.''.
(3) AFFIDAVIT OF SUPPORT BY JOINT SPONSOR.--Section 212(a)(4)(C)(ii) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(4)(C)(ii)) is amended by inserting ``, or if the petitioning relative has died, a joint sponsor (as described in section 213A(f)(2)) has executed an affidavit of support with respect to such alien, in accordance with section 213A'' before the period at the end.
(e) Transition Period.--
(1) IN GENERAL.--Notwithstanding a denial of an application for adjustment of status 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, if such motion is filed not later than 2 years after such date of enactment.
(2) ELIGIBILITY FOR PAROLE.--If an alien described in section 245(n)(2) of the Immigration and Nationality Act (8 U.S.C. 1255(n)(2)) 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 a relative or beneficiary due to the death of the alien's relative--
(A) such alien shall be eligible for parole into the United States pursuant to the Attorney General's discretionary authority under section 212(d)(5) of the Immigration and Nationality 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)).
(f) Processing of Immigrant Visas and Derivative Petitions.--
(1) IN GENERAL.--Section 204(b) of the Immigration and Nationality Act (8 U.S.C. 1154(b)) is amended--
(A) by striking ``After an investigation'' and inserting the following:
``(1) IN GENERAL.--After an investigation''; and
(B) by adding at the end the following:
``(2) DEATH OF QUALIFYING RELATIVE.--
``(A) PENDING PETITIONS.--Any alien described in subparagraph (C) whose qualifying relative died after filing a petition (or, in the case of a refugee or asylee, after filing a relative petition), may have such petition or immigrant visa application adjudicated as if such death had not occurred.
``(B) APPROVED PETITIONS WHERE AN IMMIGRANT VISA HAS BEEN ISSUED.--An immigrant visa or relative petition shall remain valid notwithstanding the death of the qualifying relative.
``(C) ALIEN DESCRIBED.--An alien described in this subparagraph is an alien who is--
``(i) an immediate relative (as described in section 201(b)(2)(A));
``(ii) a family-sponsored immigrant (as described in subsection (a) or (d) of section 203);
``(iii) a derivative beneficiary of an employment-based immigrant under section 203(b) (as described in section 203(d)); or
``(iv) 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) APPROVED PETITIONS.--Section 205 of the Immigration and Nationality Act (8 U.S.C. 1155) is amended by adding at the end the following: ``The death of a petitioner or primary beneficiary shall not constitute good and sufficient cause to revoke the approval of any petition.''.
(3) 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, if such motion is filed not later than 2 years after such date of enactment.
(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.
(g) Naturalization.--Section 319(a) of the Immigration and Nationality Act (8 U.S.C. 1430(a)) is amended by inserting ``(or, if the spouse is deceased, the spouse was a citizen of the United States)'' after ``citizen of the United States''.
(h) Reduction of Immigrant Visa Numbers.--For purposes of applying the numerical limitations in sections 201 and 203 of the Immigration and Nationality Act (8 U.S.C. 1151 and 1153), aliens granted adjustment of status or immigrant visas under this section, or the amendments made by this section, shall be subject to the numerical limitations contained in such sections 201 and 203, except that--
(1) the total number of visas made available for aliens whose qualifying relative died more than 10 years before the date of the enactment of this Act shall not exceed 100; and
(2) aliens described in the amendment made by subsection (c)(1)(A) shall be given priority for receiving such visas.
(i) Effective Date.--The amendments made by this section shall apply to all petitions or applications described in such amendments that--
(1) are pending as of the date of the enactment of this Act; or
(2) have been denied, but would have been approved if such amendments had been in effect at the time of adjudication of the petition or application.


(As printed in the Congressional Record for the Senate on Jul 8, 2009.)