S.Amdt. 3360

1. 1

   Change 1: Inserts “AND WIDOWS” after “CHILDREN”

   InsertsPage 248, line 11Printed page

   In S. 2454 · Placed on Calendar Senate

   (2) Repeal of temporary reduction in workers' visas.-- Section 203(e) of the Nicaraguan Adjustment and Central American Relief Act (Public Law 105-100; 8 U.S.C. 1153 note) is repealed.

   SEC. 404. RELIEF FOR MINOR CHILDREN[inserted: AND WIDOWS].

   (a) In General.--Section 201(b)(2) (8 U.S.C. 1151(b)(2)) is amended to read as follows:

   Original wording

   On page 248, line 11, insert “AND WIDOWS” after “CHILDREN”.

2. 2

   Change 2: Inserts “or, if married for less than 2 years at the time of the citizen's death, proves by a prep…” after “death”

   InsertsPage 249, line 3Printed page

   …death[inserted: or, if married for less than 2 years at the time of the citizen's death, 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,]…

   Original wording

   On page 249, line 3, insert “or, if married for less than 2 years at the time of the citizen's death, 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 “death”.

3. 3

   Change 3: Inserts new text on page 249, line 25

   InsertsPrinted page

   Inserted: (c) Transition Period.--

   Inserted: (1) In general.--In applying clause (iii) of section 201(b)(2)(A) of the Immigration and Nationality Act, as added by subsection (a), to an alien whose citizen relative died before the date of the enactment of this Act, the alien relative may (notwithstanding the deadlines specified in such clause) 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.

   Inserted: (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 by 201(b)(2)(A)(ii) of the Immigration and Nationality Act) due to the citizen's death--

   Inserted: (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; and

   Inserted: (B) such alien's application for adjustment of status shall be considered notwithstanding section 212(a)(9) of such Act.

   Inserted: (d) Adjustment of Status.--Section 245 (8 U.S.C. 1255) is amended by adding at the end the following:

   Inserted: "(n) Application for Adjustment of Status by Surviving Spouses, Parents, and Children.--

   Inserted: "(1) In general.--Any 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.

   Inserted: "(2) Alien described.--An alien is described in this paragraph is an alien who--

   Inserted: "(A) is an immediate relative (as described in section 201(b)(2)(A));

   Inserted: "(B) is a family-sponsored immigrant (as described in subsection (a) or (d) of section 203);

   Inserted: "(C) is a derivative beneficiary of an employment-based immigrant under section 203(b) (as described in section 203(d)); or

   Show 18 more inserted paragraphsShow less

   Inserted: "(D) is a derivative beneficiary of a diversity immigrant (as described in section 203(c)).".

   Inserted: (e) Transition Period.--

   Inserted: (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.

   Inserted: (2) Eligibility for parole.--If an alien was excluded, deported, removed or departed voluntarily before the date of the enactment of this Act--

   Inserted: (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; and

   Inserted: (B) such alien's application for adjustment of status shall be considered notwithstanding section 212(a)(9) of such Act.

   Inserted: (f) Processing of Immigrant Visas.--Section 204(b) (8 U.S.C. 1154) is amended--

   Inserted: (1) by striking "After an investigation" and inserting the following:

   Inserted: "(1) In general.--After an investigation"; and

   Inserted: (2) by adding at the end the following:

   Inserted: "(2) Death of qualifying relative.--

   Inserted: "(A) In general.--Any alien described in paragraph (2) 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.

   Inserted: "(B) Alien described.--An alien is described in this paragraph is an alien who--

   Inserted: "(i) is an immediate relative (as described in section 201(b)(2)(A));

   Inserted: "(ii) is a family-sponsored immigrant (as described in subsection (a) or (d) of section 203);

   Inserted: "(iii) is a derivative beneficiary of an employment-based immigrant under section 203(b) (as described in section 203(d)); or

   Inserted: "(iv) is a derivative beneficiary of a diversity immigrant (as described in section 203(c)).".

   Inserted: (g) Naturalization.--Section 319(a) (8 U.S.C. 1429(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".

   Original wording

   On page 249, after line 25, add the following:

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As printed