Sec. 3105. Relief for orphans, widows, and widowers
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Section 204(b) of the Immigration and Nationality Act ( 8 U.S.C. 1154(b) ) is amended— by striking
(b)After an investigation and inserting the following: After an investigation ; and by adding at the end the following: A noncitizen described in subparagraph
(C)the qualifying relative of whom dies 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 to a noncitizen before the death of his or her qualifying relative shall remain valid after such death. A noncitizen described in this subparagraph is a noncitizen who, at the time of the death of his or her qualifying relative, was— an immediate relative (as described in section 201(b)(2)(A)); a family-sponsored immigrant (as described in subsection
(a)or
(d)of section 203); a derivative beneficiary of an employment-based immigrant under section 203(b) (as described in section 203(d)); or 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 a noncitizen the qualifying relative of whom dies before the date of the enactment of this Act, such application may be renewed by the noncitizen by a motion to reopen, without fee. Notwithstanding section 212(a)(9) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(9) ), the application for an immigrant visa of a noncitizen the qualifying relative of whom died before the date of the enactment of this Act shall be considered if the noncitizen was excluded, deported, removed, or departed voluntarily before the date of the enactment of this Act. If a noncitizen 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 noncitizen 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 noncitizen’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 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 . Section 212(a)(4)(C)(i) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(4)(C)(i) ), as amended by section 3102, is further amended— in subclause (I), by striking , or and inserting a semicolon; and by adding at the end the following: status as a surviving relative under section 204(l); or .
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