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FOOTNOTES FOR SECTION 213A


INA: ACT 213A FN 1


FN1     Added by § 551 of IIRIRA , effective date set forth by subsection (c) of § 551 which provides:

"(c) Effective Date; Promulgation of Form-

(1) In general.-The amendments made by this section shall apply to affidavits of support executed on or after a date specified by the Attorney General, which date shall be not earlier than 60 days (and not later than 90 days) after the date the Attorney General formulates the form for such affidavits under paragraph (2).

(2) Promulgation of form.-Not later than 90 days after the date of the enactment of this Act, the Attorney General, in consultation with the heads of other appropriate agencies, shall promulgate a standard form for an affidavit of support consistent with the provisions of section 213A of the Immigration and Nationality Act, as amended by subsection (a)."


INA: ACT 213A FN1a

FN 1a     Section 213A(f)(5) revised in its entirety by section 2(a)(1) of the Family Sponsor Immigration Act of 2002, Public Law 107-150, dated March 13, 2002.


Section 2(a)(3) amended section 213A(f)(2) and (f)(4)(B)(ii) by revising "(5)" to read "(5)(A)".


EFFECTIVE DATE: The amendments made by subsection (a) shall apply with respect to deaths occurring before, on, or after the date of the enactment of this Act (Public Law 107-150, dated March 13, 2002), except that, in the case of a death occurring before such date, such amendments shall apply only if--


(1) the sponsored alien--


(A) requests the Attorney General to reinstate the classification petition that was filed with respect to the alien by the deceased and approved under section 204 of the Immigration and Nationality Act (8 U.S.C. 1154) before such death; and


(B) demonstrates that he or she is able to satisfy the requirement of section 212(a)(4)(C)(ii) of such Act (8 U.S.C. 1182(a)(4)(C)(ii)) by reason of such amendments; and


(2) the Attorney General reinstates such petition after making the determination described in section 213A(f)(5)(B)(ii) of such Act (as amended by subsection (a)(1) of this Act).



INA: ACT 213A FN 2


FN 2     Sic. subsection (g) missing in original.


INA: ACT 213A FN 3


FN 3     Section 568(e) of Public Law 110-83, dated October 28, 2009, amended section 213A(f)(5)(B), by revising clause (i) and (ii).