To amend the Immigration and Nationality Act to extend the religious workers and Conrad-30 visa programs, to protect orphans and widows with pending or approved visa petitions, and for other purposes.

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.''.

[[Page S7273]]

(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.
______