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HR 6034 IH

To amend the Immigration and Nationality Act to provide for relief to surviving spouses and children.

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

To amend the Immigration and Nationality Act to provide for relief to surviving spouses and children.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. RELIEF FOR SURVIVING SPOUSES.

(a) 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 two 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 two years at the time of the citizen's death'.

(b) Applicability-

(1) 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.

(2) OTHER SPOUSES- In the case of an alien who would be considered, by reason of the amendment made by subsection (a), to remain an immediate relative after the date of their citizen spouse's death if the alien had filed a petition under section 204(a)(1)(A)(ii) of such Act within 2 years after such date, but who did not file within such period, the alien shall have 2 years after the date of the enactment of this Act to file such petition notwithstanding any other provision of law.