I 

108TH CONGRESS 

1ST SESSION H. R. 1814

To change the requirements for naturalization through service in the Armed 

Forces of the United States, to extend naturalization benefits to members 

of the Ready Reserve of a reserve component of the Armed Forces, 

to extend posthumous benefits to surviving spouses, children, and parents, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 11, 2003

Ms. SOLIS (for herself, Mr. CANNON, Mr. CONYERS, Mr. DREIER, Mr. FROST, 

and Mr. MCINNIS) introduced the following bill; which was referred to the 

Committee on the Judiciary 

A BILL

To change the requirements for naturalization through service in the Armed Forces of the United States, to extend 

naturalization benefits to members of the Ready Reserve 

of a reserve component of the Armed Forces, to extend 

posthumous benefits to surviving spouses, children, and 

parents, 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 ‘‘Naturalization and 

5 Family Protection for Military Members Act of 2003’’. 
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1 SEC. 2. REQUIREMENTS FOR NATURALIZATION THROUGH 

2 SERVICE IN THE ARMED FORCES OF THE 

3 UNITED STATES. 

4 (a) REDUCTION OF PERIOD FOR REQUIRED SERV5 ICE.—Section 328(a) of the Immigration and Nationality 

6 Act (8 U.S.C. 1439(a)) is amended by striking ‘‘three 

7 years’’ and inserting ‘‘2 years’’. 

8 (b) PROHIBITION ON IMPOSITION OF FEES RELAT9 ING TO NATURALIZATION.—Title III of the Immigration 

10 and Nationality Act (8 U.S.C. 1401 et seq.) is amended—

11 (1) in section 328(b)—

12 (A) in paragraph (3)—

13 (i) by striking ‘‘honorable. The’’ and 

14 inserting ‘‘honorable (the’’; and 

15 (ii) by striking ‘‘discharge.’’ and in16 serting ‘‘discharge); and’’; and 

17 (B) by adding at the end the following: 

18 ‘‘(4) notwithstanding any other provision of 

19 law, no fee shall be charged or collected from the ap20 plicant for filing a petition for naturalization or for 

21 the issuance of a certificate of naturalization upon 

22 citizenship being granted to the applicant, and no 

23 clerk of any State court shall charge or collect any 

24 fee for such services unless the laws of the State re25 quire such charge to be made, in which case nothing 
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1 more than the portion of the fee required to be paid 

2 to the State shall be charged or collected.’’; and 

3 (2) in section 329(b)—

4 (A) in paragraph (2), by striking ‘‘and’’ at 

5 the end; 

6 (B) in paragraph (3), by striking the pe7 riod at the end and inserting ‘‘; and’’; and 

8 (C) by adding at the end the following: 

9 ‘‘(4) notwithstanding any other provision of 

10 law, no fee shall be charged or collected from the ap11 plicant for filing a petition for naturalization or for 

12 the issuance of a certificate of naturalization upon 

13 citizenship being granted to the applicant, and no 

14 clerk of any State court shall charge or collect any 

15 fee for such services unless the laws of the State re16 quire such charge to be made, in which case nothing 

17 more than the portion of the fee required to be paid 

18 to the State shall be charged or collected.’’. 

19 (c) NATURALIZATION PROCEEDINGS OVERSEAS FOR

20 MEMBERS OF THE ARMED FORCES.—Notwithstanding 

21 any other provision of law, the Secretary of Homeland Se22 curity, the Secretary of State, and the Secretary of De23 fense shall ensure that any applications, interviews, filings, 

24 oaths, ceremonies, or other proceedings under title III of 

25 the Immigration and Nationality Act (8 U.S.C. 1401 et 
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1 seq.) relating to naturalization of members of the Armed 

2 Forces are available through United States embassies, 

3 consulates, and as practicable, United States military in4 stallations overseas. 

5 (d) TECHNICAL AND CONFORMING AMENDMENT.—

6 Section 328(b)(3) of the Immigration and Nationality Act 

7 (8 U.S.C. 1439(b)(3)) is amended by striking ‘‘Attorney 

8 General’’ and inserting ‘‘Secretary of Homeland Secu9 rity’’. 

10 SEC. 3. NATURALIZATION BENEFITS FOR MEMBERS OF THE 

11 SELECTED RESERVE OF THE READY RE12 SERVE. 

13 Section 329(a) of the Immigration and Nationality 

14 Act (8 U.S.C. 1440(a)) is amended by inserting ‘‘as a 

15 member of the Selected Reserve of the Ready Reserve or’’ 

16 after ‘‘has served honorably’’. 

17 SEC. 4. EXTENSION OF POSTHUMOUS BENEFITS TO SUR18 VIVING SPOUSES, CHILDREN, AND PARENTS. 

19 (a) TREATMENT AS IMMEDIATE RELATIVES.—

20 (1) SPOUSES.—Notwithstanding the second 

21 sentence of section 201(b)(2)(A)(i) of the Immigra22 tion and Nationality Act (8 U.S.C. 

23 1151(b)(2)(A)(i)), in the case of an alien who was

24 the spouse of a citizen of the United States at the 

25 time of the citizen’s death and was not legally sepa-
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1 rated from the citizen at the time of the citizen’s 

2 death, if the citizen served honorably in an active 

3 duty status in the military, air, or naval forces of 

4 the United States and died as a result of injury or 

5 disease incurred in or aggravated by that service, 

6 the alien (and each child of the alien) shall be con7 sidered, for purposes of section 201(b) of such Act, 

8 to remain an immediate relative after the date of 

9 the citizen’s death, but only if the alien files a peti10 tion under section 204(a)(1)(A)(ii) of such Act with11 in 2 years after such date and only until the date 

12 the alien remarries. For purposes of such section 

13 204(a)(1)(A)(ii), an alien granted relief under the 

14 preceding sentence shall be considered an alien 

15 spouse described in the second sentence of section 

16 201(b)(2)(A)(i) of such Act. 

17 (2) CHILDREN.—

18 (A) IN GENERAL.—In the case of an alien 

19 who was the child of a citizen of the United 

20 States at the time of the citizen’s death, if the 

21 citizen served honorably in an active duty sta22 tus in the military, air, or naval forces of the 

23 United States and died as a result of injury or 

24 disease incurred in or aggravated by that serv25 ice, the alien shall be considered, for purposes 
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1 of section 201(b) of the Immigration and Na2 tionality Act (8 U.S.C. 1151(b)), to remain an 

3 immediate relative after the date of the citizen’s 

4 death (regardless of changes in age or marital 

5 status thereafter), but only if the alien files a 

6 petition under subparagraph (B) within 2 years 

7 after such date. 

8 (B) PETITIONS.—An alien described in 

9 subparagraph (A) may file a petition with the 

10 Secretary of Homeland Security for classifica11 tion of the alien under section 201(b)(2)(A)(i) 

12 of the Immigration and Nationality Act (8 

13 U.S.C. 1151(b)(2)(A)(i)). For purposes of such 

14 Act, such a petition shall be considered a peti15 tion filed under section 204(a)(1)(A) of such 

16 Act (8 U.S.C. 1154(a)(1)(A)). 

17 (3) PARENTS.—

18 (A) IN GENERAL.—In the case of an alien 

19 who was the parent of a citizen of the United 

20 States at the time of the citizen’s death, if the 

21 citizen served honorably in an active duty sta22 tus in the military, air, or naval forces of the 

23 United States and died as a result of injury or 

24 disease incurred in or aggravated by that serv25 ice, the alien shall be considered, for purposes 
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1 of section 201(b) of the Immigration and Na2 tionality Act (8 U.S.C. 1151(b)), to remain an 

3 immediate relative after the date of the citizen’s 

4 death (regardless of changes in age or marital 

5 status thereafter), but only if the alien files a 

6 petition under subparagraph (B) within 2 years 

7 after such date. 

8 (B) PETITIONS.—An alien described in 

9 subparagraph (A) may file a petition with the 

10 Secretary of Homeland Security for classifica11 tion of the alien under section 201(b)(2)(A)(i) 

12 of the Immigration and Nationality Act (8 

13 U.S.C. 1151(b)(2)(A)(i)). For purposes of such 

14 Act, such a petition shall be considered a peti15 tion filed under section 204(a)(1)(A) of such 

16 Act (8 U.S.C. 1154(a)(1)(A)). 

17 (C) EXCEPTION.—Notwithstanding section 

18 201(b)(2)(A)(i) of the Immigration and Nation19 ality Act (8 U.S.C. 1151(b)(2)(A)(i)), for pur20 poses of this paragraph, a citizen described in 

21 subparagraph (A) does not have to be 21 years 

22 of age for a parent to benefit under this para23 graph. 

24 (b) APPLICATIONS FOR ADJUSTMENT OF STATUS BY

25 SURVIVING SPOUSES, CHILDREN, AND PARENTS.—
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1 (1) IN GENERAL.—Notwithstanding subsections 

2 (a) and (c) of section 245 of the Immigration and 

3 Nationality Act (8 U.S.C. 1255), any alien who was 

4 the spouse, child, or parent of an alien described in 

5 paragraph (2), and who applied for adjustment of 

6 status prior to the death described in paragraph 

7 (2)(B), may have such application adjudicated as if 

8 such death had not occurred. 

9 (2) ALIEN DESCRIBED.—An alien is described 

10 in this paragraph if the alien—

11 (A) served honorably in an active duty sta12 tus in the military, air, or naval forces of the 

13 United States; 

14 (B) died as a result of injury or disease in15 curred in or aggravated by that service; and 

16 (C) was granted posthumous citizenship 

17 under section 329A of the Immigration and Na18 tionality Act (8 U.S.C. 1440–1). 

19 (c) SPOUSES AND CHILDREN OF LAWFUL PERMA20 NENT RESIDENT ALIENS.—

21 (1) TREATMENT AS IMMEDIATE RELATIVES.—

22 (A) IN GENERAL.—A spouse or child of an 

23 alien described in paragraph (3) who is included

24 in a petition for classification as a family-spon25 sored immigrant under section 203(a)(2) of the 
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1 Immigration and Nationality Act (8 U.S.C. 

2 1153(a)(2)) that was filed by such alien, shall 

3 be considered (if the spouse or child has not 

4 been admitted or approved for lawful perma5 nent residence by such date) a valid petitioner 

6 for immediate relative status under section 

7 201(b)(2)(A)(i) of the Immigration and Nation8 ality Act (8 U.S.C. 1151(b)(2)(A)(i)). Such 

9 spouse or child shall be eligible for deferred ac10 tion, advance parole, and work authorization. 

11 (B) PETITIONS.—An alien spouse or child 

12 described in subparagraph (A) may file a peti13 tion with the Secretary of Homeland Security 

14 for classification of the alien under section 

15 201(b)(2)(A)(i) of the Immigration and Nation16 ality Act (8 U.S.C. 1151(b)(2)(A)(i)). For pur17 poses of such Act, such a petition shall be con18 sidered a petition filed under section 

19 204(a)(1)(A) of such Act (8 U.S.C. 

20 1154(a)(1)(A)). 

21 (2) SELF-PETITIONS.—Any spouse or child of 

22 an alien described in paragraph (3) who is not a 

23 beneficiary of a petition for classification as a fam24 ily-sponsored immigrant may file a petition for such 

25 classification under section 201(b)(2)(A)(i) of the 
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1 Immigration and Nationality Act (8 U.S.C. 

2 1151(b)(2)(A)(i)) with the Secretary of Homeland 

3 Security, but only if the spouse or child files a peti4 tion within 2 years after such date. Such spouse or 

5 child shall be eligible for deferred action, advance 

6 parole, and work authorization. 

7 (3) ALIEN DESCRIBED.—An alien is described 

8 in this paragraph if the alien—

9 (A) served honorably in an active duty sta10 tus in the military, air, or naval forces of the 

11 United States; 

12 (B) died as a result of injury or disease in13 curred in or aggravated by that service; and 

14 (C) was granted posthumous citizenship 

15 under section 329A of the Immigration and Na16 tionality Act (8 U.S.C. 1440–1). 

17 (d) PARENTS OF LAWFUL PERMANENT RESIDENT

18 ALIENS.—

19 (1) SELF-PETITIONS.—Any parent of an alien 

20 described in paragraph (2) may file a petition for 

21 classification under section 201(b)(2)(A)(i) of the 

22 Immigration and Nationality Act (8 U.S.C. 

23 1151(b)(2)(A)(i)), but only if the parent files a peti24 tion within 2 years after such date. For purposes of 

25 such Act, such petition shall be considered a petition 
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1 filed under section 204(a)(1)(A) of such Act (8 

2 U.S.C. 1154(a)(1)(A)). Such parent shall be eligible 

3 for deferred action, advance parole, and work au4 thorization. 

5 (2) ALIEN DESCRIBED.—An alien is described 

6 in this paragraph if the alien—

7 (A) served honorably in an active duty sta8 tus in the military, air, or naval forces of the 

9 United States; 

10 (B) died as a result of injury or disease in11 curred in or aggravated by that service; and 

12 (C) was granted posthumous citizenship 

13 under section 329A of the Immigration and Na14 tionality Act (8 U.S.C. 1440–1). 

15 (e) ADJUSTMENT OF STATUS.—Notwithstanding 

16 subsections (a) and (c) of section 245 of the Immigration 

17 and Nationality Act (8 U.S.C. 1255), an alien physically 

18 present in the United States who is the beneficiary of a 

19 petition under paragraph (1), (2)(B), or (3)(B) of sub20 section (a), paragraph (1)(B) or (2) of subsection (c), or 

21 subsection (d)(1) of this section, may apply to the Sec22 retary of Homeland Security for adjustment of status to 

23 that of an alien lawfully admitted for permanent residence. 

24 (f) WAIVER OF CERTAIN GROUNDS OF INADMIS25 SIBILITY.—In determining the admissibility of any alien 
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1 accorded an immigration benefit under this section, the 

2 grounds for inadmissibility specified in paragraphs (4), 

3 (6), (7), and (9) of section 212(a) of the Immigration and 

4 Nationality Act (8 U.S.C. 1182(a)) shall not apply. 

5 (g) BENEFITS TO SURVIVORS; TECHNICAL AMEND6 MENT.—Section 329A of the Immigration and Nationality 

7 Act (8 U.S.C. 1440–1) is amended—

8 (1) by striking subsection (e); and 

9 (2) by striking ‘‘Attorney General’’ each place 

10 that term appears and inserting ‘‘Secretary of 

11 Homeland Security’’. 

12 (h) TECHNICAL AND CONFORMING AMENDMENTS.—

13 Section 319(d) of the Immigration and Nationality Act (8 

14 U.S.C. 1430(d)) is amended—

15 (1) by inserting ‘‘, child, or parent’’ after ‘‘sur16 viving spouse’’; 

17 (2) by inserting ‘‘, parent, or child’’ after 

18 ‘‘whose citizen spouse’’; and 

19 (3) by striking ‘‘who was living’’ and inserting 

20 ‘‘who, in the case of a surviving spouse, was living’’. 

21 SEC. 5. EFFECTIVE DATE. 

22 This Act and the amendments made by this Act shall 

23 take effect as if enacted on September 11, 2001.

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