Sec. 305. Surviving relatives
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Section 212(a)(2)(F) is amended to read as follows: In the case of an alien who would have been statutorily eligible for a waiver of inadmissibility under the Immigration and Nationality Act but for the death of the qualifying relative, the alien may be considered for any waiver under the Immigration and Nationality Act notwithstanding the death of the qualifying relative upon a showing of hardship to the alien or a family member, or that the granting of the waiver is in the public interest. .
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 . An alien described in section 204(l)(2)(D) of the Immigration and Nationality Act may have such petition described in paragraph
(2)of section 204(l) or an application for adjustment of status to that of a person admitted for lawful permanent residence based upon the family relationship described in such paragraph, and any related applications, adjudicated notwithstanding the death of the qualifying relative, regardless of whether the alien is present inside or outside the United States at the time of the qualifying relative’s death or after the qualifying relative’s death.
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Sec. 305
Surviving relatives
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