108TH CONGRESS

1ST SESSION H. R. 1954

AN ACT

To revise the provisions of the Immigration and

Nationality Act relating to naturalizationthrough service in the Armed Forces, and forother purposes.

108TH CONGRESS

1ST SESSION H. R. 1954

AN ACT

To revise the provisions of the Immigration and Nationality

Act relating to naturalization through service in the

Armed Forces, 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,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Armed Forces Natu3 ralization Act of 2003’’.

4 SEC. 2. NATURALIZATION THROUGH SERVICE IN ARMED

5 FORCES.

6 (a) REDUCTION OF PERIOD FOR REQUIRED SERV7 ICE.—

8 (1) IN GENERAL.—Section 328(a) of the Immi9 gration and Nationality Act (8 U.S.C. 1439(a)) is

10 amended by striking ‘‘three years,’’ and inserting

11 ‘‘one year,’’.

12 (2) EFFECTIVE DATE.—The amendment made

13 by paragraph (1) shall apply with respect to applica14 tions for naturalization filed or pending on or after

15 the date of the enactment of this Act.

16 (b) PROHIBITION ON IMPOSITION OF FEES RELAT17 ING TO NATURALIZATION.—

18 (1) IN GENERAL.—Title III of the Immigration

19 and Nationality Act (8 U.S.C. 1401 et seq.) is

20 amended—

21 (A) in section 328(b)—

22 (i) in paragraph (3)—

23 (I) by striking ‘‘honorable. The’’

24 and inserting ‘‘honorable (the’’; and

25 (II) by striking ‘‘discharge.’’ and

26 inserting ‘‘discharge); and’’; and
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1 (ii) by adding at the end the fol2 lowing:

3 ‘‘(4) notwithstanding any other provision of

4 law, no fee shall be charged or collected from the

5 person for filing the application, or for the issuance

6 of a certificate of naturalization upon being granted

7 citizenship, and no clerk of any State court shall

8 charge or collect any fee for such services unless the

9 laws of the State require such charge to be made,

10 in which case nothing more than the portion of the

11 fee required to be paid to the State shall be charged

12 or collected.’’; and

13 (B) in section 329(b)—

14 (i) in paragraph (2), by striking

15 ‘‘and’’ at the end;

16 (ii) in paragraph (3), by striking the

17 period at the end and inserting ‘‘; and’’;

18 and

19 (iii) by adding at the end the fol20 lowing:

21 ‘‘(4) notwithstanding any other provision of

22 law, no fee shall be charged or collected from the

23 person for filing the application, or for the issuance

24 of a certificate of naturalization upon being granted

25 citizenship, and no clerk of any State court shall
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1 charge or collect any fee for such services unless the

2 laws of the State require such charge to be made,

3 in which case nothing more than the portion of the

4 fee required to be paid to the State shall be charged

5 or collected.’’.

6 (2) EFFECTIVE DATE.—The amendments made

7 by paragraph (1) shall apply with respect to applica8 tions for naturalization filed, and certificates of nat9 uralization issued, on or after the date of the enact10 ment of this Act. Such amendments shall not be

11 construed to require the refund or return of any fee

12 collected before such date.

13 (c) REVOCATION OF CITIZENSHIP FOR SEPARATION

14 FROM MILITARY SERVICE UNDER OTHER THAN HONOR15 ABLE CONDITIONS.—

16 (1) IN GENERAL.—Title III of the Immigration

17 and Nationality Act (8 U.S.C. 1401 et seq.) is

18 amended—

19 (A) by adding at the end of section 328

20 the following:

21 ‘‘(f) Citizenship granted pursuant to this section may

22 be revoked in accordance with section 340 if the person

23 is separated from the Armed Forces under other than hon24 orable conditions before the person has served honorably

25 for a period or periods aggregating five years. Such
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1 ground for revocation shall be in addition to any other

2 provided by law, including the grounds described in section

3 340. The fact that the naturalized person was separated

4 from the service under other than honorable conditions

5 shall be proved by a duly authenticated certification from

6 the executive department under which the person was

7 serving at the time of separation. Any period or periods

8 of service shall be proved by duly authenticated copies of

9 the records of the executive departments having custody

10 of the records of such service.’’; and

11 (B) by amending section 329(c) to read as

12 follows:

13 ‘‘(c) Citizenship granted pursuant to this section may

14 be revoked in accordance with section 340 if the person

15 is separated from the Armed Forces under other than hon16 orable conditions before the person has served honorably

17 for a period or periods aggregating five years. Such

18 ground for revocation shall be in addition to any other

19 provided by law, including the grounds described in section

20 340. The fact that the naturalized person was separated

21 from the service under other than honorable conditions

22 shall be proved by a duly authenticated certification from

23 the executive department under which the person was

24 serving at the time of separation. Any period or periods

25 of service shall be proved by duly authenticated copies of
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1 the records of the executive departments having custody

2 of the records of such service.’’.

3 (2) EFFECTIVE DATE.—The amendments made

4 by paragraph (1) shall apply to citizenship granted

5 on or after the date of the enactment of this Act.

6 (d) NATURALIZATION PROCEEDINGS OVERSEAS FOR

7 MEMBERS OF ARMED FORCES.—Notwithstanding any

8 other provision of law, the Secretary of Homeland Secu9 rity, the Secretary of State, and the Secretary of Defense

10 shall ensure that any applications, interviews, filings,

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

12 the Immigration and Nationality Act (8 U.S.C. 1401 et

13 seq.) relating to naturalization of members of the Armed

14 Forces are available, to the maximum extent practicable,

15 through United States embassies, consulates, and United

16 States military installations overseas.

17 (e) TECHNICAL AMENDMENT.—

18 (1) IN GENERAL.—Section 328(b)(3) of the Im19 migration and Nationality Act (8 U.S.C. 1439(b)(3))

20 is amended by striking ‘‘Attorney General,’’ and in21 serting ‘‘Secretary of Homeland Security,’’.

22 (2) EFFECTIVE DATE.—The amendment made

23 by paragraph (1) shall take effect as if enacted on

24 March 1, 2003.
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1 SEC. 3. POSTHUMOUS CITIZENSHIP THROUGH DEATH

2 WHILE ON ACTIVE-DUTY SERVICE IN ARMED

3 FORCES.

4 (a) PROHIBITION ON IMPOSITION OF FEES; BENE5 FITS FOR SURVIVORS.—

6 (1) IN GENERAL.—Section 329A of the Immi7 gration and Nationality Act (8 U.S.C. 1440–1) is

8 amended by striking subsection (e) and inserting the

9 following:

10 ‘‘(e) PROHIBITION ON IMPOSITION OF FEES.—Not11 withstanding any other provision of law, no fee shall be

12 charged or collected from a person for filing a request for

13 the granting of posthumous citizenship under subsection

14 (c), or for the issuance of a document under subsection

15 (d).

16 ‘‘(f) BENEFITS FOR SURVIVORS.—

17 ‘‘(1) APPLICABILITY.—Notwithstanding any

18 other provision of this subsection, this subsection

19 shall apply only to the surviving spouses, children,

20 and parents of persons dying on or after September

21 11, 2001.

22 ‘‘(2) SPOUSES.—Notwithstanding the second

23 sentence of section 201(b)(2)(A)(i), a person who is

24 the surviving spouse of a person granted post25 humous citizenship under this section, and who was

26 living in marital union with the citizen spouse at the
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1 time of death, shall be considered, for purposes of

2 section 201(b), to remain an immediate relative after

3 the date of the citizen’s death, but only until the

4 date on which the surviving spouse remarries.

5 ‘‘(3) CHILDREN.—Notwithstanding the second

6 sentence of section 201(b)(2)(A)(i), a person who is

7 the surviving child of a person granted posthumous

8 citizenship under this section, and who is an unmar9 ried person under 21 years of age on the date of

10 such grant, shall be considered, for purposes of sec11 tion 201(b), to remain an immediate relative after

12 the date of the citizen’s death (regardless of changes

13 in age or marital status after the date of such

14 grant).

15 ‘‘(4) PARENTS.—Notwithstanding the first sen16 tence of section 201(b)(2)(A)(i), a person who is the

17 surviving parent of a person granted posthumous

18 citizenship under this section, and who is lawfully

19 authorized to be present in the United States on the

20 date of the citizen’s death (disregarding any depar21 ture for a temporary visit abroad), shall be consid22 ered, for purposes of section 201(b), to remain an

23 immediate relative after such date, and the require24 ment that the citizen be at least 21 years of age

25 shall not apply.
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1 ‘‘(5) SELF-PETITIONS.—

2 ‘‘(A) IN GENERAL.—In the case of a sur3 viving spouse, child, or parent who remains an

4 immediate relative after the date of a citizen’s

5 death pursuant to paragraph (2), (3), or (4),

6 any petition under section 204 otherwise re7 quired to be filed by the citizen to classify the

8 spouse, child, or parent under section

9 201(b)(2)(A)(i) may be filed instead by the

10 spouse, child, or parent. A surviving spouse’s

11 petition may include derivative children in the

12 same manner as is permitted under section

13 204(a)(1)(A)(ii).

14 ‘‘(B) MINOR CHILDREN.—In the case of a

15 child under 18 years of age on the filing date,

16 any nonderivative petition described in subpara17 graph (A) shall be filed on behalf of the child

18 by a parent or legal guardian of the child.

19 ‘‘(6) DEADLINE.—Paragraphs (1) through (5)

20 shall apply only if the petition under paragraph (5)

21 is filed not later than 2 years after the date on

22 which the request under subsection (c) is granted.

23 ‘‘(7) CONVERSION OF PETITIONS.—In the case

24 of a petition under section 204 initially filed for an

25 alien’s classification as a family-sponsored immi-
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1 grant under section 203(a)(2)(A), based on the

2 alien’s petitioning spouse or parent being lawfully

3 admitted for permanent residence, upon the grant of

4 posthumous citizenship under this section to the pe5 titioner, the Secretary of Homeland Security, unless

6 the alien otherwise has attained the status of an

7 alien lawfully admitted for permanent residence—

8 ‘‘(A) shall convert such petition to a peti9 tion filed under paragraph (5) to classify the

10 alien as an immediate relative under subsection

11 (b)(2)(A)(i); and

12 ‘‘(B) shall ensure that the filing date of

13 the original petition is maintained.

14 ‘‘(8) WAIVER OF PUBLIC CHARGE GROUND FOR

15 INADMISSIBILITY.—In determining the admissibility

16 of any alien accorded an immigration benefit under

17 this subsection, the grounds for inadmissibility speci18 fied in section 212(a)(4) shall not apply.

19 ‘‘(9) NO BENEFITS FOR OTHER RELATIVES.—

20 Nothing in this section shall be construed as pro21 viding for any benefit under this Act for any relative

22 of a person granted posthumous citizenship under

23 this section who is not treated as a spouse, child, or

24 parent under this subsection.’’.
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1 (2) CONVERSION OF PETITIONS.—In the case of

2 a surviving spouse or child accorded an immigration

3 benefit under section 329(f) of the Immigration and

4 Nationality Act, as added by paragraph (1), if the

5 spouse or child was the beneficiary of a petition de6 scribed in paragraph (7) of such section, unless the

7 beneficiary otherwise has attained the status of an

8 alien lawfully admitted for permanent residence, the

9 Secretary of Homeland Security shall provide for—

10 (A) the reinstatement of such petition, if it

11 was revoked or terminated (or otherwise ren12 dered null), either before or after its approval,

13 due to the death of the petitioner; and

14 (B) the conversion of such petition in ac15 cordance with such section.

16 (3) EFFECTIVE DATES.—

17 (A) IN GENERAL.—Except as provided in

18 subparagraph (B), the amendment made by

19 paragraph (1) shall apply with respect to post20 humous citizenship granted before, on, or after

21 the date of the enactment of this section.

22 (B) FEES.—Section 329A(e) of the Immi23 gration and Nationality Act, as amended by

24 paragraph (1), shall apply with respect to re25 quests for posthumous citizenship filed, and
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1 documentation of posthumous citizenship

2 issued, on or after the date of the enactment of

3 this Act. Such section shall not be construed to

4 require the refund or return of any fee collected

5 before such date.

6 (b) NATURALIZATION FOR SURVIVING SPOUSES.—

7 (1) IN GENERAL.—Section 319(d) of the Immi8 gration and Nationality Act (8 U.S.C. 1430(d)) is

9 amended by adding at the end the following: ‘‘For

10 purposes of this subsection, the terms ‘United States

11 citizen’ and ‘citizen spouse’ include a person granted

12 posthumous citizenship under section 329A.’’.

13 (2) EFFECTIVE DATE.—The amendment made

14 by paragraph (1) shall apply with respect to persons

15 granted posthumous citizenship under section 329A

16 of the Immigration and Nationality Act (8 U.S.C.

17 1440–1) due to death on or after September 11,

18 2001.

19 (c) TECHNICAL AMENDMENTS.—

20 (1) IN GENERAL.—Section 329A of the Immi21 gration and Nationality Act (8 U.S.C. 1440–1) is

22 amended by striking ‘‘Attorney General’’ each place

23 such term appears and inserting ‘‘Secretary of

24 Homeland Security’’.
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1 (2) EFFECTIVE DATE.—The amendment made

2 by paragraph (1) shall take effect as if enacted on

3 March 1, 2003.

4 SEC. 4. IMMIGRATION BENEFITS FOR SURVIVING ALIEN

5 SPOUSES, CHILDREN, AND PARENTS OF CITI6 ZENS WHO DIE DURING SERVICE IN ARMED

7 FORCES.

8 (a) TREATMENT AS IMMEDIATE RELATIVES.—

9 (1) IN GENERAL.—Section 201(f) of the Immi10 gration and Nationality Act (8 U.S.C. 1151(f)) is

11 amended by adding at the end the following:

12 ‘‘(4) SURVIVING ALIEN SPOUSES, CHILDREN,

13 AND PARENTS OF CITIZENS WHO DIE DURING SERV14 ICE IN ARMED FORCES.—

15 ‘‘(A) BENEFITS FOR SURVIVORS.—

16 ‘‘(i) IN GENERAL.—The benefits

17 under this paragraph shall apply only to a

18 surviving spouse, child, or parent of a per19 son who, while a citizen of the United

20 States, died on or after September 11,

21 2001, during a period of honorable service

22 in the Armed Forces as a result of injury

23 or disease incurred in or aggravated by

24 such service.
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1 ‘‘(ii) DETERMINATIONS.—The execu2 tive department under which the citizen so

3 served shall determine whether the citizen

4 satisfied the requirements of clause (i).

5 ‘‘(B) SPOUSES.—Notwithstanding the sec6 ond sentence of subsection (b)(2)(A)(i), a per7 son who is a surviving spouse described in sub8 paragraph (A), and who was living in marital

9 union with the citizen described in such sub10 paragraph at the time of death, shall be consid11 ered, for purposes of subsection (b), to remain

12 an immediate relative after the date of the citi13 zen’s death, but only until the date on which

14 the surviving spouse remarries.

15 ‘‘(C) CHILDREN.—Notwithstanding the

16 second sentence of subsection (b)(2)(A)(i), a

17 person who is a surviving child described in

18 subparagraph (A), and who is an unmarried

19 person under 21 years of age on the date on

20 which a petition described in subparagraph (E)

21 to classify the alien as an immediate relative is

22 filed, shall be considered, for purposes of sub23 section (b), to remain an immediate relative

24 after the date of the citizen’s death (regardless
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1 of changes in age or marital status after such

2 filing date).

3 ‘‘(D) PARENTS.—Notwithstanding the first

4 sentence of subsection (b)(2)(A)(i), and subject

5 to subparagraph (E), a person who is a sur6 viving parent described in subparagraph (A)

7 shall be considered, for purposes of subsection

8 (b), to remain an immediate relative after such

9 date, and the requirement that the citizen be at

10 least 21 years of age shall not apply.

11 ‘‘(E) TREATMENT OF PETITIONS.—

12 ‘‘(i) CONTINUATION OF PETITIONS.—

13 A petition properly filed on behalf of a

14 spouse, child, or parent under section

15 204(a)(1)(A)(i) by a citizen described in

16 subparagraph (A) prior to the citizen’s

17 death shall be valid to classify the spouse,

18 child, or parent as an immediate relative

19 pursuant to this paragraph. No new peti20 tion shall be required to be filed, and any

21 filing date assigned prior to the death shall

22 be maintained.

23 ‘‘(ii) SELF-PETITIONS.—

24 ‘‘(I) SPOUSES.—In the case of a

25 surviving spouse who remains an im-
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1 mediate relative after the date of a

2 citizen’s death pursuant to subpara3 graph (B), the spouse may file a peti4 tion under section 204(a)(1)(A)(ii) for

5 classification of the spouse (and the

6 spouse’s children) under subsection

7 (b)(2)(A)(i). The spouse shall be

8 treated as an alien spouse described in

9 the second sentence of subsection

10 (b)(2)(A)(i) for such purpose.

11 ‘‘(II) CHILDREN.—In the case of

12 a surviving child who remains an im13 mediate relative after the date of a

14 citizen’s death pursuant to subpara15 graph (C), any petition under section

16 204 otherwise required to be filed by

17 the citizen to classify the child under

18 subsection (b)(2)(A)(i) may be filed

19 instead by the child. In the case of a

20 child under 18 years of age on the fil21 ing date, the petition described in this

22 subclause shall be filed on behalf of

23 the child by a parent or legal guard24 ian of the child.
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1 ‘‘(III) PARENTS.—In the case of

2 a surviving parent who remains an

3 immediate relative after the date of a

4 citizen’s death pursuant to subpara5 graph (D), any petition under section

6 204 otherwise required to be filed by

7 the citizen to classify the parent under

8 subsection (b)(2)(A)(i) may be filed

9 instead by the parent, but only if the

10 parent was lawfully authorized to be

11 present in the United States on the

12 date of the citizen’s death (dis13 regarding any departure for a tem14 porary visit abroad).

15 ‘‘(iii) DEADLINE.—In the case of peti16 tion under clause (ii), subparagraphs (B),

17 (C), and (D) shall apply only if such peti18 tion is filed not later than 2 years after the

19 date of the citizen’s death.

20 ‘‘(F) WAIVER OF PUBLIC CHARGE GROUND

21 FOR INADMISSIBILITY.—In determining the ad22 missibility of any alien accorded an immigration

23 benefit under this paragraph, the grounds for

24 inadmissibility specified in section 212(a)(4)

25 shall not apply.’’.
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1 (2) CONTINUATION OF PETITIONS.—

2 (A) IN GENERAL.—The Secretary of

3 Homeland Security shall provide for the rein4 statement of any petition filed by a deceased

5 person described in subparagraph (A) of section

6 201(f)(4) of the Immigration and Nationality

7 Act, as added by paragraph (1), if such petition

8 is described in subparagraph (E)(i) of such sec9 tion and was revoked or terminated (or other10 wise rendered null), either before or after its

11 approval, due to the death of such person, un12 less the beneficiary otherwise has attained the

13 status of an alien lawfully admitted for perma14 nent residence.

15 (B) EXCEPTION.—A petition otherwise sat16 isfying the requirements of subparagraph (A)

17 and filed by a citizen on behalf of a parent shall

18 not be reinstated unless the parent was lawfully

19 authorized to be present in the United States

20 on the date of the citizen’s death (disregarding

21 any departure for a temporary visit abroad).

22 (3) EFFECTIVE DATE.—The amendment made

23 by paragraph (1) shall take effect on the date of the

24 enactment of this Act.

25 (b) TECHNICAL AMENDMENT.—
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1 (1) IN GENERAL.—Section 201(f)(1) of the Im2 migration and Nationality Act (8 U.S.C. 201(f)(1))

3 is amended by striking ‘‘Attorney General’’ and in4 serting ‘‘Secretary of Homeland Security’’.

5 (2) EFFECTIVE DATE.—The amendment made

6 by paragraph (1) shall take effect as if enacted on

7 March 1, 2003.

Passed the House of Representatives June 4, 2003.

Attest:

Clerk.