IB
Union Calendar No. 586
110th CONGRESS
2d Session
H. R. 6034
[Report No. 110–911]
IN THE HOUSE OF REPRESENTATIVES
May 13, 2008
Mr. McGovern (for himself, Mr. Markey, Ms. Bordallo, Mr. Lewis of Georgia, Mr. Daniel E. Lungren of California, Mr. Moran of Virginia, Mr. Sires, Mr. Grijalva, Mrs. Napolitano, Mr. Fattah, Mr. Reyes, Mr. Gene Green of Texas, Mr. Nadler, Ms. Schakowsky, Mr. Gonzalez, Mr. Abercrombie, Mr. Serrano, and Mr. Udall of Colorado) introduced the following bill; which was referred to the Committee on the Judiciary
October 3, 2008
Additional sponsors: Mr. Weller of Illinois, Mr. Carson, Mr. Wu, Ms. Solis, Mr. Honda, Mr. Stark, Mr. Pastor, Mr. Meeks of New York, Mr. Hinojosa, Mr. Shays, Mr. Bilbray, Mr. Keller of Florida, Mr. Walden of Oregon, and Mr. Garrett of New Jersey
October 3, 2008
Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed
Strike out all after the enacting clause and insert the part printed in italic
A BILL
To amend the Immigration and Nationality Act to provide for relief to surviving spouses and children.
Relief for surviving spouses
In general
The second sentence of section 201(b)(2)(A)(i) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)) is amended by inserting (or, if married 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
.
Applicability
In general
The amendment made by subsection (a) shall apply to all applications and petitions relating to immediate relative status under section 201(b)(2)(A)(i) of the Immigration and Nationality Act pending on or after the date of the enactment of this Act.
Transition cases
In general
In the case of an alien described in subparagraph (B) who seeks immediate relative status pursuant to the amendment made by subsection (a), the alien shall have until the date that is 2 years after the date of the enactment of this Act to file a petition under section 204(a)(1)(A)(ii) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)(ii)), notwithstanding any other provision of law.
Aliens described
An alien is described in this subparagraph if—
the alien’s United States citizen spouse died before the date of the enactment of this Act;
the alien and the citizen spouse were married for less than 2 years at the time of the citizen spouse’s death; and
the alien has not remarried.
October 3, 2008
Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed