Sec. 2312. Relief for orphans, widows, and widowers
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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. 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— such alien shall be eligible for parole into the United States pursuant to the Secretary's discretionary 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) of such Act ( 8 U.S.C. 1182(a)(9) ). 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— such alien shall be eligible for parole into the United States pursuant to the Secretary's discretionary 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) of such Act ( 8 U.S.C. 1182(a)(9) ). Section 204(b) ( 8 U.S.C. 1154(b) ) is amended— by striking After an investigation and inserting
(1)After an investigation ; and by adding at the end the following: 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. An alien described in this subparagraph is an alien who— is an immediate relative (as described in section 201(b)(2)(A)); 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 the spouse or child of a refugee (as described in section 207(c)(2)) or an asylee (as described in section 208(b)(3)). . 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. 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. Section 319(a) ( 8 U.S.C. 1430(a) ) is amended by striking States, and inserting States (or if the spouse is deceased, the spouse was a citizen of the United States), . Section 212 ( 8 U.S.C. 1182 ) is amended by adding at the end the following: 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. . Section 204(l)(1) ( 8 U.S.C. 1154(l)(1) ) is amended— 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 by striking related applications, and inserting related applications (including affidavits of support), . Section 201(b)(2)(A)(i) ( 8 U.S.C. 1151(b)(2)(A)(i) ) is amended by striking within 2 years after such date . Section 212(a)(4)(C)(i) ( 8 U.S.C. 1182(a)(4)(C)(i) ) is amended— in subclause (I), by striking , or and inserting a semicolon; in subclause (II), by striking or at the end; and by adding at the end the following: the status as a surviving relative under 204(l); or .
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