S.Amdt. 1987

SA 1987. Ms. HIRONO submitted an amendment intended to be proposed by
her to the bill H.R. 2579, to amend the Internal Revenue Code of 1986
to allow the premium tax credit with respect to unsubsidized COBRA
continuation coverage; which was ordered to lie on the table; as
follows:

At the appropriate place, insert the following:

SEC. ___. RELIEF FOR ORPHANS, WIDOWS, AND WIDOWERS.

(a) In General.--
(1) Special rule for orphans, spouses, and permanent
partners.--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 of Homeland Security'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 of Homeland Security'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) 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) In general.--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) Alien described.--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, permanent partner, 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) of the Immigration and
Nationality Act (8 U.S.C. 1430(a)) is amended--
(1) by inserting ``or permanent partner'' after ``spouse''
each place such term appears;
(2) by inserting ``(or, if the spouse is deceased, the
spouse was a citizen of the United States)'' after ``citizen
of the United States''; and
(3) by inserting ``or permanent partnership'' after
``marital union''.
(d) Waivers of Inadmissibility.--Section 212 of the
Immigration and Nationality Act (8 U.S.C. 1182) is amended--
(1) by redesignating the second subsection (t) as
subsection (u); and
(2) 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) of the Immigration and
Nationality Act (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 ``any related applications,'' and inserting
``any related applications (including affidavits of
support),''.
(f) Immediate Relatives.--Section 201(b)(2)(A)(i) of the
Immigration and Nationality Act (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)
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 section
204(l); or''.

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