I 

114TH CONGRESS 

2D SESSION H. R. 4600 

To amend the Immigration and Nationality Act to protect the well-being 

of soldiers and their families, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 24, 2016 

Mr. THOMPSON of California (for himself, Ms. ROS-LEHTINEN, Mr. VELA, and 

Mr. FARR) introduced the following bill; which was referred to the Committee on the Judiciary 

A BILL 

To amend the Immigration and Nationality Act to protect 

the well-being of soldiers and their families, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Support and Defend 

5 Our Military Personnel and Their Families Act’’. 

6 SEC. 2. FACILITATING NATURALIZATION FOR MILITARY 

7 PERSONNEL. 

8 (a) IN GENERAL.—Any person who has served honor9 ably as a member of the Armed Forces of the United 


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1 States in support of a contingency operation (as defined 

2 in section 101(a)(13) of title 10, United States Code), and 

3 who, if separated from the Armed Forces, was separated 

4 under honorable conditions, may be naturalized as pro5 vided in section 329 of the Immigration and Nationality 

6 Act (8 U.S.C. 1440) as though the person had served dur7 ing a period designated by the President under such sec8 tion. 

9 (b) NATURALIZATION THROUGH SERVICE IN THE

10 ARMED FORCES OF THE UNITED STATES.—Section 328 

11 of the Immigration and Nationality Act (8 U.S.C. 1439) 

12 is amended— 

13 (1) in subsection (a), by striking ‘‘six months’’ 

14 and inserting ‘‘one year’’; and 

15 (2) in subsection (d), by striking ‘‘six months’’ 

16 and inserting ‘‘one year’’. 

17 SEC. 3. TIMELY REUNIFICATION OF MILITARY PERSONNEL 

18 AND THEIR NUCLEAR FAMILIES. 

19 Section 201(b)(1) of the Immigration and Nationality 

20 Act (8 U.S.C. 1151(b)(1)) is amended by adding at the 

21 end the following: 

22 ‘‘(F) Aliens who are eligible for an immigrant 

23 visa under paragraph (2) of section 203(a) and are 

24 the spouse, child, son, or daughter of an alien who 


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1 is serving in the Armed Forces of the United 

2 States.’’. 

3 SEC. 4. RELIEF FOR IMMEDIATE FAMILY MEMBERS OF AC4 TIVE DUTY PERSONNEL. 

5 Section 245 of the Immigration and Nationality Act 

6 (8 U.S.C. 1255) is amended by adding at the end the fol7 lowing: 

8 ‘‘(n) RELIEF FOR IMMEDIATE FAMILY MEMBERS OF

9 ACTIVE DUTY PERSONNEL.— 

10 ‘‘(1) IN GENERAL.—The Secretary of Homeland 

11 Security may adjust the status of an alien described 

12 in paragraph (2) to that of an alien lawfully admit13 ted for permanent residence if— 

14 ‘‘(A) the alien makes an application for 

15 such adjustment, and is physically present in 

16 the United States on the date the application is 

17 filed; 

18 ‘‘(B) the alien is eligible to receive an im19 migrant visa and is admissible under section 

20 212(a) (except that paragraphs (4), (6)(A), 

21 (7)(A), and (9)(B) of such section shall not 

22 apply for purposes of this subsection); 

23 ‘‘(C) an immigrant visa is immediately 

24 available to the alien at the time the application 

25 is filed; and 


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1 ‘‘(D) the alien pays a fee, as determined by 

2 the Secretary, for the processing of such appli3 cation. 

4 ‘‘(2) ELIGIBLE ALIENS.— 

5 ‘‘(A) IN GENERAL.—The benefits provided 

6 in paragraph (1) shall apply only to an alien 

7 who is a parent, spouse, child, son, daughter, or 

8 minor sibling of an eligible member of the 

9 Armed Forces. 

10 ‘‘(B) POSTHUMOUS BENEFITS.—An alien 

11 described in subparagraph (A) shall continue to 

12 be eligible for adjustment under this subsection 

13 for 2 years after the death of an eligible mem14 ber of the Armed Forces whose death was the 

15 result of injury or disease incurred in or aggra16 vated by his or her service in the Armed Forces 

17 or, if such death occurred prior to the date of 

18 enactment of this paragraph, for 2 years after 

19 such date of enactment. 

20 ‘‘(3) ELIGIBLE MEMBERS OF THE ARMED

21 FORCES.—In this subsection, ‘eligible member of the 

22 Armed Forces’ means any person who— 

23 ‘‘(A) has served honorably in an active 

24 duty status in the Armed Forces of the United 

25 States; and 


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1 ‘‘(B) if separated from the service de2 scribed in subparagraph (A), was separated 

3 under honorable conditions.’’. 

4 SEC. 5. FACTORS TO CONSIDER IN INITIATING REMOVAL 

5 PROCEEDINGS AGAINST ACTIVE DUTY MILI6 TARY PERSONNEL AND VETERANS. 

7 Section 239 of the Immigration and Nationality Act 

8 (8 U.S.C. 1229) is amended by adding at the end the fol9 lowing: 

10 ‘‘(f) CONSIDERATIONS FOR ACTIVE DUTY MILITARY

11 PERSONNEL AND VETERANS.— 

12 ‘‘(1) IN GENERAL.—A notice to appear shall 

13 not be issued against an alien who has served honor14 ably at any time in the Armed Forces of the United 

15 States, and who, if separated from the Armed 

16 Forces, separated under honorable conditions, with17 out prior approval from the Secretary of Homeland 

18 Security. 

19 ‘‘(2) FACTORS.—In determining whether to 

20 issue a notice to appear against such an alien, the 

21 Secretary shall consider the alien’s eligibility for nat22 uralization under section 328 or 329, as well as the 

23 alien’s record of military service, grounds of deport24 ability applicable to the alien, and any hardship to 


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1 the Armed Forces, the alien, and his or her family 

2 if the alien were to be placed in removal proceedings. 

3 ‘‘(3) PROHIBITION.—An alien who has served 

4 honorably in the Armed Forces of the United States, 

5 and who, if separated from the Armed Forces, sepa6 rated under honorable conditions, shall not be re7 moved from the United States under subparagraph 

8 (A)(i) or (B)(iii) of section 235(b)(1), section 238, 

9 or section 241(a)(5).’’. 

Æ 


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