Page:United States Statutes at Large Volume 115 Part 1.djvu/379

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PUBLIC LAW 107-56 —OCT. 26, 2001 115 STAT. 357 (i) the alien was, on September 10, 2001, the spouse or child of a principal alien described in paragraph (1); and (ii) the alien— (I) is accompanying such principal alien; or (II) is following to join such principal alien not later than September 11, 2003. (B) CONSTRUCTION. —For purposes of construing the terms "accompanying" and "following to join" in subparagraph (A)(ii), any death of a principal alien that is described in paragraph (l)(B)(i) shall be disregarded. (3) GRANDPARENTS OF ORPHANS. —An alien is described in this subsection if the alien is a grandparent of a child, both of whose parents died as a direct result of a specified terrorist activity, if either of such deceased parents was, on September 10, 2001, a citizen or national of the United States or an alien lawfully admitted for permanent residence in the United States. (c) PRIORITY DATE. —Immigrant visas made available under this section shall be issued to aliens in the order in which a petition on behalf of each such alien is filed with the Attorney General under subsection (a)(1), except that if an alien was assigned a priority date with respect to a petition described in subsection (b)(l)(A)(i), the alien may maintain that priority date. (d) NUMERICAL LIMITATIONS.— For purposes of the application of sections 201 through 203 of the Immigration and Nationality Act (8 U.S.C. 1151-1153) in any fiscal year, aliens eligible to be provided status under this section shall be treated as special immigrants described in section 101(a)(27) of such Act (8 U.S.C. 1101(a)(27)) who are not described in subparagraph (A), (B), (C), or (K) of such section. SEC. 422. EXTENSION OF FILING OR REENTRY DEADLINES. (a) AUTOMATIC EXTENSION OF NONIMMIGRANT STATUS.— (1) IN GENERAL. — Notwithstanding section 214 of the Immigration and Nationality Act (8 U.S.C. 1184), in the case of an alien described in paragraph (2) who was lawfully present in the United States as a nonimmigrant on September 10, 2001, the alien may remain lawfully in the United States in the same nonimmigrant status until the later of— (A) the date such lawful nonimmigrant status otherwise would have terminated if this subsection had not been enacted; or (B) 1 year after the death or onset of disability described in paragraph (2). (2) ALIENS DESCRIBED.— (A) PRINCIPAL ALIENS. —An alien is described in this paragraph if the alien was disabled as a direct result of a specified terrorist activity. (B) SPOUSES AND CHILDREN.— An alien is described in this paragraph if the alien was, on September 10, 2001, the spouse or child of— (i) a principal alien described in subparagraph (A); or (ii) an alien who died as a direct result of a specified terrorist activity.