Support and Defend Our Military Personnel and Their Families Act

Summary: Support and Defend Our Military Personnel and Their Families Act - States that any person who serves or has served under honorable conditions as a member of the U.S. Armed Forces in support of contingency operations shall be eligible for naturalization as if the person had served during a period of presidentially-designated military hostilities.  Amends the Immigration and Nationality Act (INA) to extend the period for filing a naturalization application to one year after completion of eligible military service. Exempts from worldwide immigrant visa numerical limitations an alien who is eligible for a family-sponsored immigrant visa and is either the spouse or child of a permanent resident alien who is serving in the Armed Forces.  Authorizes the Secretary of Homeland Security (DHS) to adjust to permanent resident status an alien who is a parent, spouse, child, son or daughter, or minor sibling of a person who is serving or has served in the Armed Forces under honorable conditions. Permits posthumous benefits under specified circumstances.   States that with respect to a removal proceeding under INA: (1) a notice to appear shall not be issued against an alien who serves or has served under honorable conditions in the Armed Forces without the Secretary's prior approval; (2) the Secretary, in determining whether to issue a notice, shall consider the alien's eligibility for naturalization, military service record, grounds of deportability, and any hardship to the Armed Forces, the alien, and his or her family if the alien were to be placed in removal proceedings; and (3) an alien who serves or has served under honorable conditions in the Armed Forces shall not be removed from the United States under specified grounds.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Support and Defend Our Military 
Personnel and Their Families Act''.

SEC. 2. FACILITATING NATURALIZATION FOR MILITARY PERSONNEL.

    (a) In General.--Any person who has served honorably as a member of 
the Armed Forces of the United States in support of a contingency 
operation (as defined in section 101(a)(13) of title 10, United States 
Code), and who, if separated from the Armed Forces, was separated under 
honorable conditions, may be naturalized as provided in section 329 of 
the Immigration and Nationality Act (8 U.S.C. 1440) as though the 
person had served during a period designated by the President under 
such section.
    (b) Naturalization Through Service in the Armed Forces of the 
United States.--Section 328 of the Immigration and Nationality Act (8 
U.S.C. 1439) is amended--
            (1) in subsection (a), by striking ``six months'' and 
        inserting ``one year''; and
            (2) in subsection (d), by striking ``six months'' and 
        inserting ``one year''.

SEC. 3. TIMELY REUNIFICATION OF MILITARY PERSONNEL AND THEIR NUCLEAR 
              FAMILIES.

    Section 201(b)(1) of the Immigration and Nationality Act (8 U.S.C. 
1151(b)(1)) is amended by adding at the end the following:
                    ``(F) Aliens who are eligible for an immigrant visa 
                under paragraph (2) of section 203(a) and are the 
                spouse, child, son, or daughter of an alien who is 
                serving in the Armed Forces of the United States.''.

SEC. 4. RELIEF FOR IMMEDIATE FAMILY MEMBERS OF ACTIVE DUTY PERSONNEL.

    Section 245 of the Immigration and Nationality Act (8 U.S.C. 1255) 
is amended by adding at the end the following:
    ``(n) Relief for Immediate Family Members of Active Duty 
Personnel.--
            ``(1) In general.--The Secretary of Homeland Security may 
        adjust the status of an alien described in paragraph (2) to 
        that of an alien lawfully admitted for permanent residence if--
                    ``(A) the alien makes an application for such 
                adjustment, and is physically present in the United 
                States on the date the application is filed;
                    ``(B) the alien is eligible to receive an immigrant 
                visa and is admissible under section 212(a) (except 
                that paragraphs (4), (6)(A), (7)(A), and (9)(B) of such 
                section shall not apply for purposes of this 
                subsection);
                    ``(C) an immigrant visa is immediately available to 
                the alien at the time the application is filed; and
                    ``(D) the alien pays a fee, as determined by the 
                Secretary, for the processing of such application.
            ``(2) Eligible aliens.--
                    ``(A) In general.--The benefits provided in 
                paragraph (1) shall apply only to an alien who is a 
                parent, spouse, child, son, daughter, or minor sibling 
                of an eligible member of the Armed Forces.
                    ``(B) Posthumous benefits.--An alien described in 
                subparagraph (A) shall continue to be eligible for 
                adjustment under this subsection for 2 years after the 
                death of an eligible member of the Armed Forces whose 
                death was the result of injury or disease incurred in 
                or aggravated by his or her service in the Armed Forces 
                or, if such death occurred prior to the date of 
                enactment of this paragraph, for 2 years after such 
                date of enactment.
            ``(3) Eligible members of the armed forces.--In this 
        subsection, `eligible member of the Armed Forces' means any 
        person who--
                    ``(A) has served honorably in an active duty status 
                in the Armed Forces of the United States; and
                    ``(B) if separated from the service described in 
                subparagraph (A), was separated under honorable 
                conditions.''.

SEC. 5. FACTORS TO CONSIDER IN INITIATING REMOVAL PROCEEDINGS AGAINST 
              ACTIVE DUTY MILITARY PERSONNEL AND VETERANS.

    Section 239 of the Immigration and Nationality Act (8 U.S.C. 1229) 
is amended by adding at the end the following:
    ``(f) Considerations for Active Duty Military Personnel and 
Veterans.--(1) A notice to appear shall not be issued against an alien 
who has served honorably at any time in the Armed Forces of the United 
States, and who, if separated from the Armed Forces, separated under 
honorable conditions, without prior approval from the Secretary of 
Homeland Security.
    ``(2) In determining whether to issue a notice to appear against 
such an alien, the Secretary shall consider the alien's eligibility for 
naturalization under section 328 or 329, as well as the alien's record 
of military service, grounds of deportability applicable to the alien, 
and any hardship to the Armed Forces, the alien, and his or her family 
if the alien were to be placed in removal proceedings.
    ``(3) An alien who has served honorably in the Armed Forces of the 
United States, and who, if separated from the Armed Forces, separated 
under honorable conditions, shall not be removed from the United States 
under subparagraph (A)(i) or (B)(iii) of section 235(b)(1), section 
238, or section 241(a)(5).''.