Page:United States Statutes at Large Volume 116 Part 1.djvu/100

 116 STAT. 74 PUBLIC LAW 107-150—MAR. 13, 2002 Public Law 107-150 107th Congress An Act To amend the Immigration and Nationality Act to provide for the acceptance of Mar. 13, 2002 an affidavit of support from another eligible sponsor if the original sponsor has [HR 18921 ^^ ^^^ *^® Attorney General has determined for humanitarian reasons that the original sponsor's classification petition should not be revoked. Be it enacted by the Senate and House of Representatives of Family Sponsor the United States of America in Congress assembled. Immigration Act of 2002. SECTION 1. SHORT TITLE. 8 USC 1101 note. ^.^ ^^^ ^^^ ^^ ^^^ ^^ ^^^ „p^^.jy ^^^^^^^ Immigration Act of 2002". SEC. 2. SUBSTITUTION OF ALTERNATIVE SPONSOR IF ORIGINAL SPONSOR HAS DIED. (a) PERMITTING SUBSTITUTION OF ALTERNATIVE CLOSE FAMILY SPONSOR IN CASE OF DEATH OF PETITIONER. — (1) RECOGNITION OF ALTERNATIVE SPONSOR.— Section 213A(f)(5) of the Immigration and Nationality Act (8 U.S.C. 1183a(f)(5)) is amended to read as follows: "(5) NON-PETITIONING CASES.—Such term also includes an individual who does not meet the requirement of paragraph (I)(D)butwho— "(A) accepts joint and several liability with a petitioning sponsor under paragraph (2) or relative of an employment-based immigrant under paragraph (4) and who demonstrates (as provided under paragraph (6)) the means to maintain an annual income equal to at least 125 percent of the Federal poverty line; or "(B) is a spouse, parent, mother-in-law, father-in-law, sibling, child (if at least 18 years of age), son, daughter, son-in-law, daughter-in-law, sister-in-law, brother-in-law, grandparent, or grandchild of a sponsored alien or a legal guardian of a sponsored alien, meets the requirements of paragraph (1) (other than subparagraph (D)), and executes an affidavit of support with respect to such alien in a case in which— "(i) the individual petitioning under section 204 for the classification of such alien died after the approval of such petition; and "(ii) the Attorney General has determined for humanitarian reasons that revocation of such petition under section 205 would be inappropriate.". (2) CONFORMING AMENDMENT PERMITTING SUBSTITUTION. — Section 212(a)(4)(C)(ii) of such Act (8 U.S.C. 1182(a)(4)(C)(ii)) is amended by striking "(including any additional sponsor

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