Sec. 303. Relief for surviving spouses, children and parents
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Section 201(b)(2)(A)(i) ( 8 U.S.C. 1151(b)(2)(A)(i) ) is amended— by inserting , and if married for less than two 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 within 2 years after such date ; and by inserting In the case of an alien who was the child or parent of a citizen of the United States at the time of the citizen’s death, the alien shall be considered, for purposes of this subsection, to remain an immediate relative after the date of the citizen’s death but only if the alien files a petition under section 204(a)(1)(A)(ii) within two years after such date in the case of a parent, or prior to reaching the age of 21 in the case of a child. after remarries. .
Section 204(a)(1)(A)(ii) ( 8 U.S.C. 1154(a)(1)(A)(ii) ) is amended by inserting or an alien child or alien parent described in the third sentence of section 201(b)(2)(A)(i) after section 201(b)(2)(A)(i) . In applying section 201(b)(2)(A)(i) ( 8 U.S.C. 1151(b)(2)(A)(i) ), as amended by subsection (a), in the case of 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 subsection) file the classification petition referred to in such subsection within 2 years after the date of the enactment of this Act.
In the case of an alien who was excluded, deported, removed or departed voluntarily before the date of the enactment of this Act, such alien shall be eligible for parole into the United States pursuant to the Secretary of Homeland Security’s authority under section 212(d)(5) of such Act (8 U.S.C. 1182(d)(5)), and such alien’s application for adjustment of status shall be considered notwithstanding section 212(a)(9) ( 8 U.S.C. 1182(a)(9) ). Section 245 (8 U.S.C. 1255) is amended by adding at the end the following:
Any alien described in paragraph
(2)who applied for adjustment of status prior to the death of the qualifying relative, may have such application adjudicated as if such death had not occurred. An alien described in this paragraph is an alien who— is an immediate relative as described in section 201(b)(2)(A)(i); is a family-sponsored immigrant as described in subsection
(a)or
(d)of section 203; is a derivative beneficiary of an employment-based immigrant under section 203(b), as described in section 203(d); or is a derivative beneficiary of a diversity immigrant as described in section 203(c). . Notwithstanding a denial of an application for adjustment of status, in the case of 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, filed within two years after the date of the enactment of this Act. In the case of an alien who was excluded, deported, removed or departed voluntarily before the date of the enactment of this Act, such alien shall be eligible for parole into the United States pursuant to the Secretary of Homeland Security’s authority under section 212(d)(5) ( 8 U.S.C. 1182(d)(5) ), and such alien’s application for adjustment of status shall be considered notwithstanding section 212(a)(9) ( 8 U.S.C. 1182(a)(9) ).
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Sec. 303
Relief for surviving spouses, children and parents
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