I 

108TH CONGRESS 

1ST SESSION H. R. 1850

To provide for automatic naturalization for noncitizen members of the Armed 

Forces ordered to serve in a combat zone, and to extend immigration 

benefits to surviving spouses, children, and parents of persons granted 

posthumous citizenship through death while on active-duty service in 

the Armed Forces. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 29, 2003

Mr. GUTIERREZ introduced the following bill; which was referred to the 

Committee on the Judiciary 

A BILL

To provide for automatic naturalization for noncitizen members of the Armed Forces ordered to serve in a combat 

zone, and to extend immigration benefits to surviving 

spouses, children, and parents of persons granted posthumous citizenship through death while on active-duty 

service in the Armed Forces.

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 ‘‘Fairness for America’s 

5 Heroes Act’’. 
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1 SEC. 2. NATURALIZATION THROUGH COMBAT ZONE SERV2 ICE IN ARMED FORCES. 

3 Section 329 of the Immigration and Nationality Act 

4 (8 U.S.C. 1440) is amended—

5 (1) by redesignating subsection (c) as sub6 section (d); and 

7 (2) by inserting after subsection (b) the fol8 lowing: 

9 ‘‘(c)(1) Any person eligible under paragraph (3) who, 

10 while an alien or a noncitizen national of the United 

11 States, performs active service as a member below the 

12 grade of commissioned officer in the Armed Forces of the 

13 United States in a combat zone (as defined in section 

14 112(c) of the Internal Revenue Code of 1986 (26 U.S.C. 

15 112(c))) shall be admitted to citizenship without regard 

16 to any other provision of this title upon the commence17 ment of such service. 

18 ‘‘(2) The executive department issuing the order for 

19 the service described in paragraph (1) shall, at the time 

20 of such issuance, inform the person of the benefits avail21 able under this subsection and of the procedure estab22 lished by such department for satisfying the requirement 

23 of paragraph (3). 

24 ‘‘(3) In order to be eligible for naturalization under 

25 this subsection, a person shall inform the executive depart26 ment issuing the order for the service described in para-
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1 graph (1) that the person desires to be admitted to citizen2 ship in accordance with this subsection upon the com3 mencement of such service. 

4 ‘‘(4) The appropriate executive department shall no5 tify the Secretary of Homeland Security when a person 

6 has been naturalized in accordance with this subsection 

7 and of the effective date of such naturalization. The Sec8 retary of Homeland Security, not later than 30 days after 

9 receipt of such notification, shall issue to the person a cer10 tificate of naturalization reflecting such date and any 

11 other information the Secretary determines to be appro12 priate.’’. 

13 SEC. 3. IMMIGRATION BENEFITS FOR SURVIVORS OF PER14 SONS GRANTED POSTHUMOUS CITIZENSHIP 

15 THROUGH DEATH WHILE ON ACTIVE-DUTY 

16 SERVICE. 

17 Section 329A(e) of the Immigration and Nationality 

18 Act (8 U.S.C. 1440–1(e)) is amended to read as follows: 

19 ‘‘(e) BENEFITS FOR SURVIVORS.—

20 ‘‘(1) IN GENERAL.—Subject to this subsection, 

21 any immigration benefit available under Federal law 

22 to a spouse, child, or parent of a citizen of the 

23 United States shall be available to a spouse, child, 

24 or parent of a person granted posthumous citizen-
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1 ship under this section as if the person’s death had 

2 not occurred. 

3 ‘‘(2) SPOUSE.—For purposes of this Act, a per4 son shall be considered a spouse of a person granted 

5 posthumous citizenship under this section if the per6 son was not legally separated from the citizen at the 

7 time of the citizen’s death. 

8 ‘‘(3) CHILDREN.—For purposes of this Act, a 

9 person shall be considered a child of a person grant10 ed posthumous citizenship under this section if the 

11 person would have been considered a child (as de12 fined in section 101(b)(1)) at the time of the citi13 zen’s death. 

14 ‘‘(4) PARENTS.—For purposes of section 

15 201(b)(2)(A)(i), the requirement that the citizen be 

16 at least 21 years of age shall not apply in the case 

17 of a parent of a person granted posthumous citizen18 ship under this section. 

19 ‘‘(5) SELF-PETITIONS.—For purposes of peti20 tions and applications for immigration benefits re21 quired to be filed under this Act on behalf of a 

22 spouse, child, or parent by a citizen of the United 

23 States, the spouse, child, or parent shall be per24 mitted to self-petition for such benefits as if filed by 

25 the person granted posthumous citizenship under 
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1 this section. Any requirement under this Act for an 

2 affidavit of support pursuant to such a petition or 

3 application shall be waived. 

4 ‘‘(6) NO BENEFITS FOR OTHER RELATIVES.—

5 Nothing in this section or section 319(d) shall be 

6 construed as providing for any benefit under this 

7 Act for any relative of a person granted posthumous 

8 citizenship under this section who is not treated as 

9 a spouse, child, or parent under this subsection.’’. 

10 SEC. 4. EFFECTIVE DATE. 

11 The amendments made by this Act shall take effect 

12 as if enacted on September 11, 2001.

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