II 

Calendar No. 142

108TH CONGRESS 

1ST SESSION H.R. 1954 

IN THE SENATE OF THE UNITED STATES 

JUNE 5, 2003

Received 

JUNE 10, 2003

Read twice and referred to the Committee on the Judiciary 

JUNE 16, 2003

Reported by Mr. HATCH, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

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,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Armed Forces Natu5 ralization Act of 2003’’. 
2

•HR 1954 RS 

1 SEC. 2. NATURALIZATION THROUGH SERVICE IN ARMED 

2 FORCES. 

3 (a) REDUCTION OF PERIOD FOR REQUIRED SERV4 ICE.—

5 (1) IN GENERAL.—Section 328(a) of the Immi6 gration and Nationality Act (8 U.S.C. 1439(a)) is 

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

8 ‘‘one year,’’. 

9 (2) EFFECTIVE DATE.—The amendment made 

10 by paragraph (1) shall apply with respect to applica11 tions for naturalization filed or pending on or after 

12 the date of the enactment of this Act. 

13 (b) PROHIBITION ON IMPOSITION OF FEES RELAT14 ING TO NATURALIZATION.—

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

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

17 amended—

18 (A) in section 328(b)—

19 (i) in paragraph (3)—

20 (I) by striking ‘‘honorable. The’’ 

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

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

23 inserting ‘‘discharge); and’’; and 

24 (ii) by adding at the end the fol25 lowing: 
3

•HR 1954 RS 

1 ‘‘(4) notwithstanding any other provision of 

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

3 person for filing the application, or for the issuance 

4 of a certificate of naturalization upon being granted 

5 citizenship, and no clerk of any State court shall 

6 charge or collect any fee for such services unless the 

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

8 in which case nothing more than the portion of the 

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

10 or collected.’’; and 

11 (B) in section 329(b)—

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

13 ‘‘and’’ at the end; 

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

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

16 and 

17 (iii) by adding at the end the fol18 lowing: 

19 ‘‘(4) notwithstanding any other provision of 

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

21 person for filing the application, or for the issuance 

22 of a certificate of naturalization upon being granted 

23 citizenship, and no clerk of any State court shall 

24 charge or collect any fee for such services unless the 

25 laws of the State require such charge to be made, 
4

•HR 1954 RS 

1 in which case nothing more than the portion of the 

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

3 or collected.’’. 

4 (2) EFFECTIVE DATE.—The amendments made 

5 by paragraph (1) shall apply with respect to applica6 tions for naturalization filed, and certificates of nat7 uralization issued, on or after the date of the enact8 ment of this Act. Such amendments shall not be 

9 construed to require the refund or return of any fee 

10 collected before such date. 

11 (c) REVOCATION OF CITIZENSHIP FOR SEPARATION

12 FROM MILITARY SERVICE UNDER OTHER THAN HONOR13 ABLE CONDITIONS.—

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

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

16 amended—

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

18 the following: 

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

20 be revoked in accordance with section 340 if the person 

21 is separated from the Armed Forces under other than hon22 orable conditions before the person has served honorably 

23 for a period or periods aggregating five years. Such 

24 ground for revocation shall be in addition to any other 

25 provided by law, including the grounds described in section 
5

•HR 1954 RS 

1 340. The fact that the naturalized person was separated 

2 from the service under other than honorable conditions 

3 shall be proved by a duly authenticated certification from 

4 the executive department under which the person was 

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

6 of service shall be proved by duly authenticated copies of 

7 the records of the executive departments having custody 

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

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

10 follows: 

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

12 be revoked in accordance with section 340 if the person 

13 is separated from the Armed Forces under other than hon14 orable conditions before the person has served honorably 

15 for a period or periods aggregating five years. Such 

16 ground for revocation shall be in addition to any other 

17 provided by law, including the grounds described in section 

18 340. The fact that the naturalized person was separated 

19 from the service under other than honorable conditions 

20 shall be proved by a duly authenticated certification from 

21 the executive department under which the person was 

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

23 of service shall be proved by duly authenticated copies of 

24 the records of the executive departments having custody 

25 of the records of such service.’’. 
6

•HR 1954 RS 

1 (2) EFFECTIVE DATE.—The amendments made 

2 by paragraph (1) shall apply to citizenship granted 

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

4 (d) NATURALIZATION PROCEEDINGS OVERSEAS FOR

5 MEMBERS OF ARMED FORCES.—Notwithstanding any 

6 other provision of law, the Secretary of Homeland Secu7 rity, the Secretary of State, and the Secretary of Defense 

8 shall ensure that any applications, interviews, filings, 

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

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

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

12 Forces are available, to the maximum extent practicable, 

13 through United States embassies, consulates, and United 

14 States military installations overseas. 

15 (e) TECHNICAL AMENDMENT.—

16 (1) IN GENERAL.—Section 328(b)(3) of the Im17 migration and Nationality Act (8 U.S.C. 1439(b)(3)) 

18 is amended by striking ‘‘Attorney General,’’ and in19 serting ‘‘Secretary of Homeland Security,’’. 

20 (2) EFFECTIVE DATE.—The amendment made 

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

22 March 1, 2003. 
7

•HR 1954 RS 

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 
8

•HR 1954 RS 

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. 
9

•HR 1954 RS 

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-
10

•HR 1954 RS 

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.’’. 
11

•HR 1954 RS 

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 
12

•HR 1954 RS 

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’’. 
13

•HR 1954 RS 

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. 
14

•HR 1954 RS 

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 
15

•HR 1954 RS 

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-
16

•HR 1954 RS 

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. 
17

•HR 1954 RS 

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.’’. 
18

•HR 1954 RS 

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.—
19

•HR 1954 RS 

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.

8 SECTION 1. SHORT TITLE. 

9 This Act may be cited as the ‘‘Naturalization and 

10 Family Protection for Military Members Act of 2003’’. 

11 SEC. 2. REQUIREMENTS FOR NATURALIZATION THROUGH 

12 SERVICE IN THE ARMED FORCES OF THE 

13 UNITED STATES. 

14 (a) REDUCTION OF PERIOD FOR REQUIRED SERV15 ICE.—Section 328(a) of the Immigration and Nationality 

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

17 years’’ and inserting ‘‘2 years’’. 

18 (b) PROHIBITION ON IMPOSITION OF FEES RELATING

19 TO NATURALIZATION.—Title III of the Immigration and 

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

21 (1) in section 328(b)—

22 (A) in paragraph (3)—

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

24 inserting ‘‘honorable (the’’; and 
20

•HR 1954 RS 

1 (ii) by striking ‘‘discharge.’’ and in2 serting ‘‘discharge); and’’; and 

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

4 ‘‘(4) notwithstanding any other provision of law, 

5 no fee shall be charged or collected from the applicant 

6 for filing a petition for naturalization or for the 

7 issuance of a certificate of naturalization upon citi8 zenship being granted to the applicant, and no clerk 

9 of any State court shall charge or collect any fee for 

10 such services unless the laws of the State require such 

11 charge to be made, in which case nothing more than 

12 the portion of the fee required to be paid to the State 

13 shall be charged or collected.’’; and 

14 (2) in section 329(b)—

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

16 the end; 

17 (B) in paragraph (3), by striking the period 

18 at the end and inserting ‘‘; and’’; and 

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

20 ‘‘(4) notwithstanding any other provision of law, 

21 no fee shall be charged or collected from the applicant 

22 for filing a petition for naturalization or for the 

23 issuance of a certificate of naturalization upon citi24 zenship being granted to the applicant, and no clerk 

25 of any State court shall charge or collect any fee for 
21

•HR 1954 RS 

1 such services unless the laws of the State require such 

2 charge to be made, in which case nothing more than 

3 the portion of the fee required to be paid to the State 

4 shall be charged or collected.’’. 

5 (c) NATURALIZATION PROCEEDINGS OVERSEAS FOR

6 MEMBERS OF THE ARMED FORCES.—Notwithstanding any 

7 other provision of law, the Secretary of Homeland Security, 

8 the Secretary of State, and the Secretary of Defense shall 

9 ensure that any applications, interviews, filings, oaths, 

10 ceremonies, or other proceedings under title III of the Immi11 gration and Nationality Act (8 U.S.C. 1401 et seq.) relating 

12 to naturalization of members of the Armed Forces are avail13 able through United States embassies, consulates, and as 

14 practicable, United States military installations overseas. 

15 (d) FINALIZATION OF NATURALIZATION PROCEEDINGS

16 FOR MEMBERS OF THE ARMED FORCES.—Not later than 

17 90 days after the date of enactment of this Act, the Sec18 retary of Defense shall prescribe a policy that facilitates the 

19 opportunity for a member of the Armed Forces to finalize 

20 naturalization for which the member has applied. The pol21 icy shall include, for such purpose, the following: 

22 (1) A high priority for grant of emergency leave. 

23 (2) A high priority for transportation on air24 craft of, or chartered by, the Armed Forces. 
22

•HR 1954 RS 

1 (e) TECHNICAL AND CONFORMING AMENDMENT.—Sec2 tion 328(b)(3) of the Immigration and Nationality Act (8 

3 U.S.C. 1439(b)(3)) is amended by striking ‘‘Attorney Gen4 eral’’ and inserting ‘‘Secretary of Homeland Security’’. 

5 SEC. 3. NATURALIZATION BENEFITS FOR MEMBERS OF THE 

6 SELECTED RESERVE OF THE READY RE7 SERVE. 

8 Section 329(a) of the Immigration and Nationality 

9 Act (8 U.S.C. 1440(a)) is amended by inserting ‘‘as a mem10 ber of the Selected Reserve of the Ready Reserve or’’ after 

11 ‘‘has served honorably’’. 

12 SEC. 4. EXTENSION OF POSTHUMOUS BENEFITS TO SUR13 VIVING SPOUSES, CHILDREN, AND PARENTS. 

14 (a) TREATMENT AS IMMEDIATE RELATIVES.—

15 (1) SPOUSES.—Notwithstanding the second sen16 tence of section 201(b)(2)(A)(i) of the Immigration 

17 and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)), in 

18 the case of an alien who was the spouse of a citizen 

19 of the United States at the time of the citizen’s death 

20 and was not legally separated from the citizen at the 

21 time of the citizen’s death, if the citizen served honor22 ably in an active duty status in the military, air, or 

23 naval forces of the United States and died as a result 

24 of injury or disease incurred in or aggravated by 

25 combat, the alien (and each child of the alien) shall 
23

•HR 1954 RS 

1 be considered, for purposes of section 201(b) of such 

2 Act, to remain an immediate relative after the date 

3 of the citizen’s death, but only if the alien files a peti4 tion under section 204(a)(1)(A)(ii) of such Act within 

5 2 years after such date and only until the date the 

6 alien remarries. For purposes of such section 

7 204(a)(1)(A)(ii), an alien granted relief under the 

8 preceding sentence shall be considered an alien spouse 

9 described in the second sentence of section 

10 201(b)(2)(A)(i) of such Act. 

11 (2) CHILDREN.—

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

13 who was the child of a citizen of the United 

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

15 citizen served honorably in an active duty status 

16 in the military, air, or naval forces of the United 

17 States and died as a result of injury or disease 

18 incurred in or aggravated by combat, the alien 

19 shall be considered, for purposes of section 201(b) 

20 of the Immigration and Nationality Act (8 

21 U.S.C. 1151(b)), to remain an immediate rel22 ative after the date of the citizen’s death (regard23 less of changes in age or marital status there24 after), but only if the alien files a petition under 

25 subparagraph (B) within 2 years after such date.
24

•HR 1954 RS 

1 (B) PETITIONS.—An alien described in sub2 paragraph (A) may file a petition with the Sec3 retary of Homeland Security for classification of 

4 the alien under section 201(b)(2)(A)(i) of the Im5 migration and Nationality Act (8 U.S.C. 

6 1151(b)(2)(A)(i)). For purposes of such Act, such 

7 a petition shall be considered a petition filed 

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

9 1154(a)(1)(A)). 

10 (3) PARENTS.—

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

12 who was the parent of a citizen of the United 

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

14 citizen served honorably in an active duty status 

15 in the military, air, or naval forces of the United 

16 States and died as a result of injury or disease 

17 incurred in or aggravated by combat, the alien 

18 shall be considered, for purposes of section 201(b) 

19 of the Immigration and Nationality Act (8 

20 U.S.C. 1151(b)), to remain an immediate rel21 ative after the date of the citizen’s death (regard22 less of changes in age or marital status there23 after), but only if the alien files a petition under 

24 subparagraph (B) within 2 years after such date. 
25

•HR 1954 RS 

1 (B) PETITIONS.—An alien described in sub2 paragraph (A) may file a petition with the Sec3 retary of Homeland Security for classification of 

4 the alien under section 201(b)(2)(A)(i) of the Im5 migration and Nationality Act (8 U.S.C. 

6 1151(b)(2)(A)(i)). For purposes of such Act, such 

7 a petition shall be considered a petition filed 

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

9 1154(a)(1)(A)). 

10 (C) EXCEPTION.—Notwithstanding section 

11 201(b)(2)(A)(i) of the Immigration and Nation12 ality Act (8 U.S.C. 1151(b)(2)(A)(i)), for pur13 poses of this paragraph, a citizen described in 

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

15 of age for a parent to benefit under this para16 graph. 

17 (b) APPLICATIONS FOR ADJUSTMENT OF STATUS BY

18 SURVIVING SPOUSES, CHILDREN, AND PARENTS.—

19 (1) IN GENERAL.—Notwithstanding subsections 

20 (a) and (c) of section 245 of the Immigration and Na21 tionality Act (8 U.S.C. 1255), any alien who was the 

22 spouse, child, or parent of an alien described in para23 graph (2), and who applied for adjustment of status 

24 prior to the death described in paragraph (2)(B), 
26

•HR 1954 RS 

1 may have such application adjudicated as if such 

2 death had not occurred. 

3 (2) ALIEN DESCRIBED.—An alien is described in 

4 this paragraph if the alien—

5 (A) served honorably in an active duty sta6 tus in the military, air, or naval forces of the 

7 United States; 

8 (B) died as a result of injury or disease in9 curred in or aggravated by combat; and 

10 (C) was granted posthumous citizenship 

11 under section 329A of the Immigration and Na12 tionality Act (8 U.S.C. 1440–1). 

13 (c) SPOUSES AND CHILDREN OF LAWFUL PERMANENT

14 RESIDENT ALIENS.—

15 (1) TREATMENT AS IMMEDIATE RELATIVES.—

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

17 alien described in paragraph (3) who is included 

18 in a petition for classification as a family-spon19 sored immigrant under section 203(a)(2) of the 

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

21 1153(a)(2)) that was filed by such alien, shall be 

22 considered (if the spouse or child has not been 

23 admitted or approved for lawful permanent resi24 dence by such date) a valid petitioner for imme25 diate relative status under section 
27

•HR 1954 RS 

1 201(b)(2)(A)(i) of the Immigration and Nation2 ality Act (8 U.S.C. 1151(b)(2)(A)(i)). Such 

3 spouse or child shall be eligible for deferred ac4 tion, advance parole, and work authorization. 

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

6 described in subparagraph (A) may file a peti7 tion with the Secretary of Homeland Security 

8 for classification of the alien under section 

9 201(b)(2)(A)(i) of the Immigration and Nation10 ality Act (8 U.S.C. 1151(b)(2)(A)(i)). For pur11 poses of such Act, such a petition shall be consid12 ered a petition filed under section 204(a)(1)(A) 

13 of such Act (8 U.S.C. 1154(a)(1)(A)). 

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

15 alien described in paragraph (3) who is not a bene16 ficiary of a petition for classification as a family17 sponsored immigrant may file a petition for such 

18 classification under section 201(b)(2)(A)(i) of the Im19 migration and Nationality Act (8 U.S.C. 

20 1151(b)(2)(A)(i)) with the Secretary of Homeland Se21 curity, but only if the spouse or child files a petition 

22 within 2 years after such date. Such spouse or child 

23 shall be eligible for deferred action, advance parole, 

24 and work authorization. 
28

•HR 1954 RS 

1 (3) ALIEN DESCRIBED.—An alien is described in 

2 this paragraph if the alien—

3 (A) served honorably in an active duty sta4 tus in the military, air, or naval forces of the 

5 United States; 

6 (B) died as a result of injury or disease in7 curred in or aggravated by combat; and 

8 (C) was granted posthumous citizenship 

9 under section 329A of the Immigration and Na10 tionality Act (8 U.S.C. 1440–1). 

11 (d) PARENTS OF LAWFUL PERMANENT RESIDENT

12 ALIENS.—

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

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

15 classification under section 201(b)(2)(A)(i) of the Im16 migration and Nationality Act (8 U.S.C. 

17 1151(b)(2)(A)(i)), but only if the parent files a peti18 tion within 2 years after such date. For purposes of 

19 such Act, such petition shall be considered a petition 

20 filed under section 204(a)(1)(A) of such Act (8 U.S.C. 

21 1154(a)(1)(A)). Such parent shall be eligible for de22 ferred action, advance parole, and work authoriza23 tion. 

24 (2) ALIEN DESCRIBED.—An alien is described in 

25 this paragraph if the alien—
29

•HR 1954 RS 

1 (A) served honorably in an active duty sta2 tus in the military, air, or naval forces of the 

3 United States; 

4 (B) died as a result of injury or disease in5 curred in or aggravated by combat; and 

6 (C) was granted posthumous citizenship 

7 under section 329A of the Immigration and Na8 tionality Act (8 U.S.C. 1440–1). 

9 (e) ADJUSTMENT OF STATUS.—Notwithstanding sub10 sections (a) and (c) of section 245 of the Immigration and 

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

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

13 petition under paragraph (1), (2)(B), or (3)(B) of sub14 section (a), paragraph (1)(B) or (2) of subsection (c), or 

15 subsection (d)(1) of this section, may apply to the Secretary 

16 of Homeland Security for adjustment of status to that of 

17 an alien lawfully admitted for permanent residence. 

18 (f) WAIVER OF CERTAIN GROUNDS OF INADMIS19 SIBILITY.—In determining the admissibility of any alien 

20 accorded an immigration benefit under this section, the 

21 ground for inadmissibility specified in section 212(a)(4) of 

22 the Immigration and Nationality Act (8 U.S.C. 1182(a)(4)) 

23 shall not apply, and notwithstanding any other provision 

24 of law, the Secretary of Homeland Security may waive 

25 paragraph (6)(A), (7), and (9)(B) of section 212(a) of the 
30

•HR 1954 RS 

1 Immigration and Nationality Act (8 U.S.C. 1182(a)) with 

2 respect to such an alien if the alien establishes exceptional 

3 and extremely unusual hardship to the alien or the alien’s 

4 spouse, parent, or child, who is a citizen of the United 

5 States or an alien lawfully admitted for permanent resi6 dence. Any such waiver by the Secretary of Homeland Secu7 rity shall be in writing and shall be granted only on an 

8 individual basis following an investigation. 

9 (g) BENEFITS TO SURVIVORS; TECHNICAL AMEND10 MENT.—Section 329A of the Immigration and Nationality 

11 Act (8 U.S.C. 1440–1) is amended—

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

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

14 that term appears and inserting ‘‘Secretary of Home15 land Security’’. 

16 (h) TECHNICAL AND CONFORMING AMENDMENTS.—

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

18 U.S.C. 1430(d)) is amended—

19 (1) by inserting ‘‘, child, or parent’’ after ‘‘sur20 viving spouse’’; 

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

22 citizen spouse’’; and 

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

24 ‘‘who, in the case of a surviving spouse, was living’’. 
31

•HR 1954 RS 

1 SEC. 5. EXPEDITED PROCESS FOR GRANTING POSTHUMOUS 

2 CITIZENSHIP TO MEMBERS OF THE ARMED 

3 FORCES. 

4 Section 329A of the Immigration and Nationality Act 

5 (8 U.S.C. 1440–1) is amended—

6 (1) by striking subsection (c) and inserting the 

7 following: 

8 ‘‘(c) REQUESTS FOR POSTHUMOUS CITIZENSHIP.—

9 ‘‘(1) IN GENERAL.—A request for the granting of 

10 posthumous citizenship to a person described in sub11 section (b) may be filed on behalf of that person—

12 ‘‘(A) upon locating the next-of-kin, and if so 

13 requested by the next-of-kin, by the Secretary of 

14 Defense or the Secretary’s designee with the Bu15 reau of Citizenship and Immigration Services in 

16 the Department of Homeland Security imme17 diately upon the death of that person; or 

18 ‘‘(B) by the next-of-kin. 

19 ‘‘(2) APPROVAL.—The Director of the Bureau of 

20 Citizenship and Immigration Services shall approve a 

21 request for posthumous citizenship filed by the next22 of-kin in accordance with paragraph (1)(B) if—

23 ‘‘(A) the request is filed not later than 2 

24 years after—

25 ‘‘(i) the date of enactment of this sec26 tion; or 
32

•HR 1954 RS 

1 ‘‘(ii) the date of the person’s death; 

2 whichever date is later; 

3 ‘‘(B) the request is accompanied by a duly 

4 authenticated certificate from the executive de5 partment under which the person served which 

6 states that the person satisfied the requirements 

7 of paragraphs (1) and (2) of subsection (b); and 

8 ‘‘(C) the Director finds that the person sat9 isfied the requirement of subsection (b)(3).’’; and 

10 (2) by striking subsection (d) and inserting the 

11 following: 

12 ‘‘(d) DOCUMENTATION OF POSTHUMOUS CITIZEN13 SHIP.—If the Director of the Bureau of Citizenship and Im14 migration Services approves the request referred to in sub15 section (c), the Director shall send to the next-of-kin of the 

16 person who is granted citizenship, a suitable document 

17 which states that the United States considers the person to 

18 have been a citizen of the United States at the time of the 

19 person’s death.’’. 

20 SEC. 6. EFFECTIVE DATE. 

21 This Act and the amendments made by this Act shall 

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

Calendar No. 142

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. 

JUNE 16, 2003

Reported with an amendment