10/08/2001

• The Act of 21 proposes to give the following immigration benefits to the family members of the victims of terrorist activities:

• (1) Special Immigrant Status
• This section allows the Attorney General to provide Special Immigrant status to any alien whose family or employment based immigrant petition, fiancé visa, or application for labor certification was revoked or terminated (or otherwise rendered null) as a direct result of the death, disability or loss of employment (due to the physical damage or destruction of the business) from the terrorist attacks on September 11. The relief is also available to the spouses and children who were either accompanying the principle applicant, or who are following to join the principle applicant up to two years later (September 11, 2003). The grandparents of any child whose parents died in the attacks may also qualify for this status if the parents were U.S. citizens or legal permanent residents. In determining eligibility for an immigrant visa, the public charge grounds of inadmissibility shall not apply to these special immigrants.

• (2) Extension of Filing or Reentry Deadlines
• This section provides that an alien who was legally in a nonimmigrant status and was disabled as a direct result of the terrorist attacks on September 11 (and his or her spouse and children) may remain lawfully in the U.S. (and receive work authorization) until the later of the date that his or her status normally terminates or September 11, 2002. Such status is also provided to the nonimmigrant spouse and children of an alien who died as a direct result of the terrorist attacks.
• An alien who was lawfully present as a nonimmigrant at the time of the terrorist attacks will be granted 60 additional days to file an application for extension or change of status if the alien was prevented from so filing as a direct result of the terrorist attacks. Also, an alien who was lawfully present as a nonimmigrant at the time of the attacks but was then unable to timely depart the U.S. as a direct result of the attacks will be considered to have departed timely if the departure occurs before November 11, and will not have accrued unlawful presence during that period. An alien (and his or her spouse and children) who was in a lawful nonimmigrant status at the time of the attacks but not in the U.S. at that time, and was prevented from returning to the U.S. in order to file a timely application for an extension of status as a direct result of the terrorist attacks will be given 60 additional days to file an application and will have his or her status extended 60 days beyond the original due date of the application.
• Under current law, winners of the fiscal year 2001 diversity visa lottery must enter the U.S. or adjust status by September 30, 2001. The Act provides that such an alien may enter the U.S. or adjust status until April 1, 2002, if the alien can establish that he or she was prevented from doing so by September 30 as a direct result of the terrorist attacks. If the visa quota for the 2001 diversity visa program has already been exceeded, the alien shall be counted under the 2002 program. Also, if a winner of the 2001 lottery died as a direct result of the terrorist attacks, the spouse and children of the alien shall still be eligible for permanent residence under the program. The ceiling placed on the number of diversity immigrants shall not be exceeded in any case.
• Any immigrant visa that expires before December 31, 2001 shall be extended until that date, if an alien was unable to timely enter the U.S. on the visa as a direct result of the terrorist attacks.
• In the case of an alien who was granted parole that expired on or after September 11, if the alien was unable to enter the U.S. prior to the expiration date as a direct result of the terrorist attacks, the parole is extended an additional 90 days.
• In the case of an alien granted voluntary departure that expired between September 11 and October 11, 2001, voluntary departure is extended an additional 30 days.

• Humanitarian Relief for Certain Surviving Spouses and Children
• Current law provides that an alien who was the spouse of a U.S. citizen for at least two years before the citizen died shall remain eligible for immigrant status as an immediate relative. This also applies to the children of the alien. This section provides that if the citizen dies as a direct result of the terrorist attacks, the two-year requirement is waived.
• If an alien spouse, child, or unmarried adult son or daughter had been the beneficiary of an immigrant visa petition filed by a permanent resident who died as a direct result of the terrorist attacks, the alien will still be eligible for permanent residence. In addition, if an alien spouse, child, or unmarried adult son or daughter of a permanent resident who died as a direct result of the terrorist attacks was present in the U.S. on September 11 but had not yet been petitioned for, the alien can self-petition for permanent residence. These family members may be eligible for deferred action and work authorization.
• This section further provides that an alien spouse or child of an alien who 1) died as a direct result of the terrorist attacks and 2) was a permanent resident (petitioned-for by an employer) or an applicant for adjustment of status for an employment-based immigrant visa, may have his or her application for adjustment adjudicated despite the death (if the application was filed prior to the death).
• The grounds of inadmissibility related to public charge shall not apply to an applicant for permanent residency under this section.

• "Age-Out" Protection for Children
• This section provides that an alien whose 21st birthday occurs this September and who is a beneficiary for a petition or application filed on or before September 11 shall be considered to remain a child for 90 days after the alien's 21st birthday. For an alien whose 21st birthday occurs after this September, the alien shall be considered to remain a child for 45 days after the alien's 21st birthday.

• Temporary Administrative Relief
• This section provides that temporary administrative relief may be provided, for humanitarian purposes or to ensure family unity, to an alien who was lawfully present on September 10, and who was on that date the spouse, parent or child of someone who died or was disabled as a direct result of the terrorist attacks, and is not otherwise entitled to relief under any other provision of Subtitle B.

• Evidence of Death, Disability, or Loss of Employment
• The Attorney General shall establish appropriate standards for evidence demonstrating that a death, disability, or loss of employment due to physical damage to, or destruction of, a business, occurred as a direct result of the terrorist attacks on September 11. The Attorney General is not required to promulgate regulations prior to implementing Subtitle B.