Page:United States Statutes at Large Volume 123.djvu/2207

 123STA T . 21 87PUBLIC LA W 111 – 83 —O CT. 28 , 2 0 0 9(I)theali e n’sU nite dS tates c iti z ens pou se died b e f o r e the date of the enact m ent of this A ct (II) the alien and the citizen spouse w ere mar - ried for less than 2y ears at the time of the citizen spouse’s death; and (III) the alien has not remarried . (d) S URVI VI NGRELAT IVE CO N S I D ERATION F OR CERTAIN P ETI- TIONS AND A P PLI C ATIONS. — ( 1 )A M ENDMENT.—Section 2 04 of the Immi g ration and N ationality Act ( 8 U.S.C. 11 5 4) is amended by adding at the end the following

‘(l) SURVIVING RELATIVE CONSIDERATION FOR CERTAIN PETI- TIONS AND APPLICATIONS.— ‘‘(1) IN GENERAL.—An alien described in paragraph (2) who resided in the United States at the time of the death of the q ualifying relati v e and who continues to reside in the United States shall have such petition described in paragraph (2) , or an application for ad j ustment of status to that of a person admitted for lawful permanent residence based upon the family relationship described in paragraph (2), and any related applications, adjudicated notwithstanding the death of the qualifying relative, unless the Secretary of H omeland Security determines, in the unreviewable discretion of the Secretary, that approval would not be in the public interest. ‘‘(2) ALIEN DESCRI B ED.—An alien described in this para- graph is an alien who, immediately prior to the death of his or her qualifying relative, was— ‘‘(A) the beneficiary of a pending or approved petition for classification as an immediate relative (as described in section 201(b)(2)(A)(i)); ‘‘( B ) the beneficiary of a pending or approved petition for classification under section 20 3 (a) or (d); ‘‘(C) a derivative beneficiary of a pending or approved petition for classification under section 203(b) (as described in section 203(d)); ‘‘( D ) the beneficiary of a pending or approved refugee / asylee relative petition under section 20 7 or 208; ‘‘( E ) an alien admitted in ‘ T ’ nonimmigrant status as described in section 101(a)(15)(T)(ii) or in ‘U’ nonimmigrant status as described in section 101(a)(15)(U)(ii); or ‘‘( F ) an asylee (as described in section 208(b)(3)).’’. (2) CONSTRUCTION.—Nothing in the amendment made by paragraph (1) may be construed to limit or waive any ground of removal, basis for denial of petition or application, or other criteria for adjudicating petitions or applications as otherwise provided under the immigration laws of the United States other than ineligibility based solely on the lac k of a qualifying family relationship as specifically provided by such amendment. (e) CONFORMING AMENDMENT TO AFFIDAVIT OF SUPPORT RE Q UIREMENT.—Section 213A(f)(5) of the Immigration and Nation- ality Act (8 U.S.C. 1183a(5)) is amended by striking clauses (i) and (ii) and inserting: ‘‘(i) the individual petitioning under section 204 of this Act for the classification of such alien died after the approval of such petition, and the Secretary of Homeland Security has determined for humanitarian 8USC1 1 54note.