§ 2313 : RELIEF FOR ORPHANS, WIDOWS, AND WIDOWERS

IN GENERAL.—

1.

SPECIAL RULE FOR ORPHANS AND SPOUSES.—In applying clauses (iii)and (iv) of section 201(b)(2)(B)of the Immigration and Nationality Act, as added by section 2305(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 the Immigration and Nationality Act, not later than 2 years after the date of the enactment of this Act.

2.

ELIGIBILITY FOR PAROLE.—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)(B)(iv)of the Immigration and Nationality Act, as amended by section 2305(a)of this Act) due to the death of such citizen or resident—

A.

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

B.

such alien’s application for adjustment of status shall be considered by the Secretary notwithstanding section 212(a)(9)of such Act (8 U.S.C. 1182(a)(9)).

3.

ELIGIBILITY FOR PAROLE.—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—

A.

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

B.

such alien’s application for adjustment of status shall be considered by the Secretary notwithstanding section 212(a)(9)of such Act (8 U.S.C. 1182(a)(9)).

PROCESSING OF IMMIGRANT VISAS AND DERIVATIVE PETITIONS.—

1.

IN GENERAL.— Section 204(b)(8 U.S.C. 1154(b)) is amended—

A.

by striking After an investigation and inserting (1) After an investigation; and

B.

by adding at the end the following:

2.

 A. 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.

B.

An alien described in this subparagraph is an alien who—

i.

is an immediate relative (as described in section 201(b)(2)(B));

ii.

is a family-sponsored immigrant (as described in subsection (a)or (d) of section 203);

iii.

is a derivative beneficiary of an employment-based immigrant under section 203(b)(as described in section 203(d)); or

iv.

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)).

TRANSITION PERIOD.—

A.

IN GENERAL.—Notwithstanding a denial or revocation of an application for an immigrant visa for an alien due to the death of the qualifying relative before the date of the enactment of this Act, such application may be renewed by the alien through a motion to reopen, without fee.

B.

INAPPLICABILITY OF BARS TO ENTRY.—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.