Sec. 423. HUMANITARIAN RELIEF FOR CERTAIN SURVIVING SPOUSES AND CHILDREN
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## SEC. 423 HUMANITARIAN RELIEF FOR CERTAIN SURVIVING SPOUSES AND CHILDREN ###
(a)Treatment as Immediate Relatives ####
(1)Spouses Notwithstanding 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)), in the case of an alien who was the spouse of a citizen of the United States at the time of the citizen's death and was not legally separated from the citizen at the time of the citizen's death, if the citizen died as a direct result of a specified terrorist activity, the alien (and each child of the alien) shall be considered, for purposes of section 201(b) of such Act, 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) of such Act within 2 years after such date and only until the date the alien remarries. For purposes of such section 204(a)(1)(A)(ii), an alien granted relief under the preceding sentence shall be considered an alien spouse described in the second sentence of section 201(b)(2)(A)(i) of such Act. ####
(2)Children #####
(A)In general In the case of an alien who was the child of a citizen of the United States at the time of the citizen's death, if the citizen died as a direct result of a specified terrorist activity, the alien shall be considered, for purposes of section 201(b) of the Immigration and Nationality Act (8 U.S.C. 1151(b)), to remain an immediate relative after the date of the citizen's death (regardless of changes in age or marital status thereafter), but only if the alien files a petition under subparagraph
(B)within 2 years after such date. #####
(B)Petitions An alien described in subparagraph
(A)may file a petition with the Attorney General for classification of the alien under section 201(b)(2)(A)(i) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)). For purposes of such Act, such a petition shall be considered a petition filed under section 204(a)(1)(A) of such Act (8 U.S.C. 1154(a)(1)(A)). ###
(b)Spouses, Children, Unmarried Sons and Daughters of Lawful Permanent Resident Aliens ####
(1)In general Any spouse, child, or unmarried son or daughter of an alien described in paragraph
(3)who is included in a petition for classification as a family-sponsored immigrant under section 203(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1153(a)(2)) that was filed by such alien before September 11, 2001, shall be considered (if the spouse, child, son, or daughter has not been admitted or approved for lawful permanent residence by such date) a valid petitioner for preference status under such section with the same priority date as that assigned prior to the death described in paragraph (3)(A). No new petition shall be required to be filed. Such spouse, child, son, or daughter may be eligible for deferred action and work authorization. ####
(2)Self-petitions Any spouse, child, or unmarried son or daughter of an alien described in paragraph
(3)who is not a beneficiary of a petition for classification as a family-sponsored immigrant under section 203(a)(2) of the Immigration and Nationality Act may file a petition for such classification with the Attorney General, if the spouse, child, son, or daughter was present in the United States on September 11, 2001. Such spouse, child, son, or daughter may be eligible for deferred action and work authorization. ####
(3)Aliens described An alien is described in this paragraph if the alien— #####
(A)died as a direct result of a specified terrorist activity; and #####
(B)on the day of such death, was lawfully admitted for permanent residence in the United States. ###
(c)Applications for Adjustment of Status by Surviving Spouses and Children of Employment-Based Immigrants ####
(1)In general Any alien who was, on September 10, 2001, the spouse or child of an alien described in paragraph (2), and who applied for adjustment of status prior to the death described in paragraph (2)(A), may have such application adjudicated as if such death had not occurred. ####
(2)Aliens described An alien is described in this paragraph if the alien— #####
(A)died as a direct result of a specified terrorist activity; and #####
(B)on the day before such death, was— ######
(i)an alien lawfully admitted for permanent residence in the United States by reason of having been allotted a visa under section 203(b) of the Immigration and Nationality Act (8 U.S.C. 1153(b)); or ######
(ii)an applicant for adjustment of status to that of an alien described in clause (i), and admissible to the United States for permanent residence. ###
(d)Waiver of Public Charge Grounds In determining the admissibility of any alien accorded an immigration benefit under this section, the grounds for inadmissibility specified in section 212(a)(4) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(4)) shall not apply.
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Sec. 423
HUMANITARIAN RELIEF FOR CERTAIN SURVIVING SPOUSES AND CHILDREN
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