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[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1954 Reported in Senate (RS)]

                                                       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.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Armed Forces Naturalization 
Act of 2003''.</DELETED>

<DELETED>SEC. 2. NATURALIZATION THROUGH SERVICE IN ARMED 
              FORCES.</DELETED>

<DELETED>    (a) Reduction of Period for Required Service.--</DELETED>
        <DELETED>    (1) In general.--Section 328(a) of the Immigration 
        and Nationality Act (8 U.S.C. 1439(a)) is amended by striking 
        ``three years,'' and inserting ``one year,''.</DELETED>
        <DELETED>    (2) Effective date.--The amendment made by 
        paragraph (1) shall apply with respect to applications for 
        naturalization filed or pending on or after the date of the 
        enactment of this Act.</DELETED>
<DELETED>    (b) Prohibition on Imposition of Fees Relating to 
Naturalization.--</DELETED>
        <DELETED>    (1) In general.--Title III of the Immigration and 
        Nationality Act (8 U.S.C. 1401 et seq.) is amended--</DELETED>
                <DELETED>    (A) in section 328(b)--</DELETED>
                        <DELETED>    (i) in paragraph (3)--</DELETED>
                                <DELETED>    (I) by striking 
                                ``honorable. The'' and inserting 
                                ``honorable (the''; and</DELETED>
                                <DELETED>    (II) by striking 
                                ``discharge.'' and inserting 
                                ``discharge); and''; and</DELETED>
                        <DELETED>    (ii) by adding at the end the 
                        following:</DELETED>
        <DELETED>    ``(4) notwithstanding any other provision of law, 
        no fee shall be charged or collected from the person for filing 
        the application, or for the issuance of a certificate of 
        naturalization upon being granted citizenship, and no clerk of 
        any State court shall charge or collect any fee for such 
        services unless the laws of the State require such charge to be 
        made, in which case nothing more than the portion of the fee 
        required to be paid to the State shall be charged or 
        collected.''; and</DELETED>
                <DELETED>    (B) in section 329(b)--</DELETED>
                        <DELETED>    (i) in paragraph (2), by striking 
                        ``and'' at the end;</DELETED>
                        <DELETED>    (ii) in paragraph (3), by striking 
                        the period at the end and inserting ``; and''; 
                        and</DELETED>
                        <DELETED>    (iii) by adding at the end the 
                        following:</DELETED>
        <DELETED>    ``(4) notwithstanding any other provision of law, 
        no fee shall be charged or collected from the person for filing 
        the application, or for the issuance of a certificate of 
        naturalization upon being granted citizenship, and no clerk of 
        any State court shall charge or collect any fee for such 
        services unless the laws of the State require such charge to be 
        made, in which case nothing more than the portion of the fee 
        required to be paid to the State shall be charged or 
        collected.''.</DELETED>
        <DELETED>    (2) Effective date.--The amendments made by 
        paragraph (1) shall apply with respect to applications for 
        naturalization filed, and certificates of naturalization 
        issued, on or after the date of the enactment of this Act. Such 
        amendments shall not be construed to require the refund or 
        return of any fee collected before such date.</DELETED>
<DELETED>    (c) Revocation of Citizenship for Separation From Military 
Service Under Other Than Honorable Conditions.--</DELETED>
        <DELETED>    (1) In general.--Title III of the Immigration and 
        Nationality Act (8 U.S.C. 1401 et seq.) is amended--</DELETED>
                <DELETED>    (A) by adding at the end of section 328 
                the following:</DELETED>
<DELETED>    ``(f) Citizenship granted pursuant to this section may be 
revoked in accordance with section 340 if the person is separated from 
the Armed Forces under other than honorable conditions before the 
person has served honorably for a period or periods aggregating five 
years. Such ground for revocation shall be in addition to any other 
provided by law, including the grounds described in section 340. The 
fact that the naturalized person was separated from the service under 
other than honorable conditions shall be proved by a duly authenticated 
certification from the executive department under which the person was 
serving at the time of separation. Any period or periods of service 
shall be proved by duly authenticated copies of the records of the 
executive departments having custody of the records of such service.''; 
and</DELETED>
                <DELETED>    (B) by amending section 329(c) to read as 
                follows:</DELETED>
<DELETED>    ``(c) Citizenship granted pursuant to this section may be 
revoked in accordance with section 340 if the person is separated from 
the Armed Forces under other than honorable conditions before the 
person has served honorably for a period or periods aggregating five 
years. Such ground for revocation shall be in addition to any other 
provided by law, including the grounds described in section 340. The 
fact that the naturalized person was separated from the service under 
other than honorable conditions shall be proved by a duly authenticated 
certification from the executive department under which the person was 
serving at the time of separation. Any period or periods of service 
shall be proved by duly authenticated copies of the records of the 
executive departments having custody of the records of such 
service.''.</DELETED>
        <DELETED>    (2) Effective date.--The amendments made by 
        paragraph (1) shall apply to citizenship granted on or after 
        the date of the enactment of this Act.</DELETED>
<DELETED>    (d) Naturalization Proceedings Overseas for Members of 
Armed Forces.--Notwithstanding any other provision of law, the 
Secretary of Homeland Security, the Secretary of State, and the 
Secretary of Defense shall ensure that any applications, interviews, 
filings, oaths, ceremonies, or other proceedings under title III of the 
Immigration and Nationality Act (8 U.S.C. 1401 et seq.) relating to 
naturalization of members of the Armed Forces are available, to the 
maximum extent practicable, through United States embassies, 
consulates, and United States military installations 
overseas.</DELETED>
<DELETED>    (e) Technical Amendment.--</DELETED>
        <DELETED>    (1) In general.--Section 328(b)(3) of the 
        Immigration and Nationality Act (8 U.S.C. 1439(b)(3)) is 
        amended by striking ``Attorney General,'' and inserting 
        ``Secretary of Homeland Security,''.</DELETED>
        <DELETED>    (2) Effective date.--The amendment made by 
        paragraph (1) shall take effect as if enacted on March 1, 
        2003.</DELETED>

<DELETED>SEC. 3. POSTHUMOUS CITIZENSHIP THROUGH DEATH WHILE ON ACTIVE-
              DUTY SERVICE IN ARMED FORCES.</DELETED>

<DELETED>    (a) Prohibition on Imposition of Fees; Benefits for 
Survivors.--</DELETED>
        <DELETED>    (1) In general.--Section 329A of the Immigration 
        and Nationality Act (8 U.S.C. 1440-1) is amended by striking 
        subsection (e) and inserting the following:</DELETED>
<DELETED>    ``(e) Prohibition on Imposition of Fees.--Notwithstanding 
any other provision of law, no fee shall be charged or collected from a 
person for filing a request for the granting of posthumous citizenship 
under subsection (c), or for the issuance of a document under 
subsection (d).</DELETED>
<DELETED>    ``(f) Benefits for Survivors.--</DELETED>
        <DELETED>    ``(1) Applicability.--Notwithstanding any other 
        provision of this subsection, this subsection shall apply only 
        to the surviving spouses, children, and parents of persons 
        dying on or after September 11, 2001.</DELETED>
        <DELETED>    ``(2) Spouses.--Notwithstanding the second 
        sentence of section 201(b)(2)(A)(i), a person who is the 
        surviving spouse of a person granted posthumous citizenship 
        under this section, and who was living in marital union with 
        the citizen spouse at the time of death, shall be considered, 
        for purposes of section 201(b), to remain an immediate relative 
        after the date of the citizen's death, but only until the date 
        on which the surviving spouse remarries.</DELETED>
        <DELETED>    ``(3) Children.--Notwithstanding the second 
        sentence of section 201(b)(2)(A)(i), a person who is the 
        surviving child of a person granted posthumous citizenship 
        under this section, and who is an unmarried person under 21 
        years of age on the date of such grant, shall be considered, 
        for purposes of section 201(b), to remain an immediate relative 
        after the date of the citizen's death (regardless of changes in 
        age or marital status after the date of such grant).</DELETED>
        <DELETED>    ``(4) Parents.--Notwithstanding the first sentence 
        of section 201(b)(2)(A)(i), a person who is the surviving 
        parent of a person granted posthumous citizenship under this 
        section, and who is lawfully authorized to be present in the 
        United States on the date of the citizen's death (disregarding 
        any departure for a temporary visit abroad), shall be 
        considered, for purposes of section 201(b), to remain an 
        immediate relative after such date, and the requirement that 
        the citizen be at least 21 years of age shall not 
        apply.</DELETED>
        <DELETED>    ``(5) Self-petitions.--</DELETED>
                <DELETED>    ``(A) In general.--In the case of a 
                surviving spouse, child, or parent who remains an 
                immediate relative after the date of a citizen's death 
                pursuant to paragraph (2), (3), or (4), any petition 
                under section 204 otherwise required to be filed by the 
                citizen to classify the spouse, child, or parent under 
                section 201(b)(2)(A)(i) may be filed instead by the 
                spouse, child, or parent. A surviving spouse's petition 
                may include derivative children in the same manner as 
                is permitted under section 204(a)(1)(A)(ii).</DELETED>
                <DELETED>    ``(B) Minor children.--In the case of a 
                child under 18 years of age on the filing date, any 
                nonderivative petition described in subparagraph (A) 
                shall be filed on behalf of the child by a parent or 
                legal guardian of the child.</DELETED>
        <DELETED>    ``(6) Deadline.--Paragraphs (1) through (5) shall 
        apply only if the petition under paragraph (5) is filed not 
        later than 2 years after the date on which the request under 
        subsection (c) is granted.</DELETED>
        <DELETED>    ``(7) Conversion of petitions.--In the case of a 
        petition under section 204 initially filed for an alien's 
        classification as a family-sponsored immigrant under section 
        203(a)(2)(A), based on the alien's petitioning spouse or parent 
        being lawfully admitted for permanent residence, upon the grant 
        of posthumous citizenship under this section to the petitioner, 
        the Secretary of Homeland Security, unless the alien otherwise 
        has attained the status of an alien lawfully admitted for 
        permanent residence--</DELETED>
                <DELETED>    ``(A) shall convert such petition to a 
                petition filed under paragraph (5) to classify the 
                alien as an immediate relative under subsection 
                (b)(2)(A)(i); and</DELETED>
                <DELETED>    ``(B) shall ensure that the filing date of 
                the original petition is maintained.</DELETED>
        <DELETED>    ``(8) Waiver of public charge ground for 
        inadmissibility.--In determining the admissibility of any alien 
        accorded an immigration benefit under this subsection, the 
        grounds for inadmissibility specified in section 212(a)(4) 
        shall not apply.</DELETED>
        <DELETED>    ``(9) No benefits for other relatives.--Nothing in 
        this section shall be construed as providing for any benefit 
        under this Act for any relative of a person granted posthumous 
        citizenship under this section who is not treated as a spouse, 
        child, or parent under this subsection.''.</DELETED>
        <DELETED>    (2) Conversion of petitions.--In the case of a 
        surviving spouse or child accorded an immigration benefit under 
        section 329(f) of the Immigration and Nationality Act, as added 
        by paragraph (1), if the spouse or child was the beneficiary of 
        a petition described in paragraph (7) of such section, unless 
        the beneficiary otherwise has attained the status of an alien 
        lawfully admitted for permanent residence, the Secretary of 
        Homeland Security shall provide for--</DELETED>
                <DELETED>    (A) the reinstatement of such petition, if 
                it was revoked or terminated (or otherwise rendered 
                null), either before or after its approval, due to the 
                death of the petitioner; and</DELETED>
                <DELETED>    (B) the conversion of such petition in 
                accordance with such section.</DELETED>
        <DELETED>    (3) Effective dates.--</DELETED>
                <DELETED>    (A) In general.--Except as provided in 
                subparagraph (B), the amendment made by paragraph (1) 
                shall apply with respect to posthumous citizenship 
                granted before, on, or after the date of the enactment 
                of this section.</DELETED>
                <DELETED>    (B) Fees.--Section 329A(e) of the 
                Immigration and Nationality Act, as amended by 
                paragraph (1), shall apply with respect to requests for 
                posthumous citizenship filed, and documentation of 
                posthumous citizenship issued, on or after the date of 
                the enactment of this Act. Such section shall not be 
                construed to require the refund or return of any fee 
                collected before such date.</DELETED>
<DELETED>    (b) Naturalization for Surviving Spouses.--</DELETED>
        <DELETED>    (1) In general.--Section 319(d) of the Immigration 
        and Nationality Act (8 U.S.C. 1430(d)) is amended by adding at 
        the end the following: ``For purposes of this subsection, the 
        terms `United States citizen' and `citizen spouse' include a 
        person granted posthumous citizenship under section 
        329A.''.</DELETED>
        <DELETED>    (2) Effective date.--The amendment made by 
        paragraph (1) shall apply with respect to persons granted 
        posthumous citizenship under section 329A of the Immigration 
        and Nationality Act (8 U.S.C. 1440-1) due to death on or after 
        September 11, 2001.</DELETED>
<DELETED>    (c) Technical Amendments.--</DELETED>
        <DELETED>    (1) In general.--Section 329A of the Immigration 
        and Nationality Act (8 U.S.C. 1440-1) is amended by striking 
        ``Attorney General'' each place such term appears and inserting 
        ``Secretary of Homeland Security''.</DELETED>
        <DELETED>    (2) Effective date.--The amendment made by 
        paragraph (1) shall take effect as if enacted on March 1, 
        2003.</DELETED>

<DELETED>SEC. 4. IMMIGRATION BENEFITS FOR SURVIVING ALIEN SPOUSES, 
              CHILDREN, AND PARENTS OF CITIZENS WHO DIE DURING SERVICE 
              IN ARMED FORCES.</DELETED>

<DELETED>    (a) Treatment as Immediate Relatives.--</DELETED>
        <DELETED>    (1) In general.--Section 201(f) of the Immigration 
        and Nationality Act (8 U.S.C. 1151(f)) is amended by adding at 
        the end the following:</DELETED>
        <DELETED>    ``(4) Surviving alien spouses, children, and 
        parents of citizens who die during service in armed forces.--
        </DELETED>
                <DELETED>    ``(A) Benefits for survivors.--</DELETED>
                        <DELETED>    ``(i) In general.--The benefits 
                        under this paragraph shall apply only to a 
                        surviving spouse, child, or parent of a person 
                        who, while a citizen of the United States, died 
                        on or after September 11, 2001, during a period 
                        of honorable service in the Armed Forces as a 
                        result of injury or disease incurred in or 
                        aggravated by such service.</DELETED>
                        <DELETED>    ``(ii) Determinations.--The 
                        executive department under which the citizen so 
                        served shall determine whether the citizen 
                        satisfied the requirements of clause 
                        (i).</DELETED>
                <DELETED>    ``(B) Spouses.--Notwithstanding the second 
                sentence of subsection (b)(2)(A)(i), a person who is a 
                surviving spouse described in subparagraph (A), and who 
                was living in marital union with the citizen described 
                in such subparagraph at the time of death, shall be 
                considered, for purposes of subsection (b), to remain 
                an immediate relative after the date of the citizen's 
                death, but only until the date on which the surviving 
                spouse remarries.</DELETED>
                <DELETED>    ``(C) Children.--Notwithstanding the 
                second sentence of subsection (b)(2)(A)(i), a person 
                who is a surviving child described in subparagraph (A), 
                and who is an unmarried person under 21 years of age on 
                the date on which a petition described in subparagraph 
                (E) to classify the alien as an immediate relative is 
                filed, shall be considered, for purposes of subsection 
                (b), to remain an immediate relative after the date of 
                the citizen's death (regardless of changes in age or 
                marital status after such filing date).</DELETED>
                <DELETED>    ``(D) Parents.--Notwithstanding the first 
                sentence of subsection (b)(2)(A)(i), and subject to 
                subparagraph (E), a person who is a surviving parent 
                described in subparagraph (A) shall be considered, for 
                purposes of subsection (b), to remain an immediate 
                relative after such date, and the requirement that the 
                citizen be at least 21 years of age shall not 
                apply.</DELETED>
                <DELETED>    ``(E) Treatment of petitions.--</DELETED>
                        <DELETED>    ``(i) Continuation of petitions.--
                        A petition properly filed on behalf of a 
                        spouse, child, or parent under section 
                        204(a)(1)(A)(i) by a citizen described in 
                        subparagraph (A) prior to the citizen's death 
                        shall be valid to classify the spouse, child, 
                        or parent as an immediate relative pursuant to 
                        this paragraph. No new petition shall be 
                        required to be filed, and any filing date 
                        assigned prior to the death shall be 
                        maintained.</DELETED>
                        <DELETED>    ``(ii) Self-petitions.--</DELETED>
                                <DELETED>    ``(I) Spouses.--In the 
                                case of a surviving spouse who remains 
                                an immediate relative after the date of 
                                a citizen's death pursuant to 
                                subparagraph (B), the spouse may file a 
                                petition under section 204(a)(1)(A)(ii) 
                                for classification of the spouse (and 
                                the spouse's children) under subsection 
                                (b)(2)(A)(i). The spouse shall be 
                                treated as an alien spouse described in 
                                the second sentence of subsection 
                                (b)(2)(A)(i) for such 
                                purpose.</DELETED>
                                <DELETED>    ``(II) Children.--In the 
                                case of a surviving child who remains 
                                an immediate relative after the date of 
                                a citizen's death pursuant to 
                                subparagraph (C), any petition under 
                                section 204 otherwise required to be 
                                filed by the citizen to classify the 
                                child under subsection (b)(2)(A)(i) may 
                                be filed instead by the child. In the 
                                case of a child under 18 years of age 
                                on the filing date, the petition 
                                described in this subclause shall be 
                                filed on behalf of the child by a 
                                parent or legal guardian of the 
                                child.</DELETED>
                                <DELETED>    ``(III) Parents.--In the 
                                case of a surviving parent who remains 
                                an immediate relative after the date of 
                                a citizen's death pursuant to 
                                subparagraph (D), any petition under 
                                section 204 otherwise required to be 
                                filed by the citizen to classify the 
                                parent under subsection (b)(2)(A)(i) 
                                may be filed instead by the parent, but 
                                only if the parent was lawfully 
                                authorized to be present in the United 
                                States on the date of the citizen's 
                                death (disregarding any departure for a 
                                temporary visit abroad).</DELETED>
                        <DELETED>    ``(iii) Deadline.--In the case of 
                        petition under clause (ii), subparagraphs (B), 
                        (C), and (D) shall apply only if such petition 
                        is filed not later than 2 years after the date 
                        of the citizen's death.</DELETED>
                <DELETED>    ``(F) Waiver of public charge ground for 
                inadmissibility.--In determining the admissibility of 
                any alien accorded an immigration benefit under this 
                paragraph, the grounds for inadmissibility specified in 
                section 212(a)(4) shall not apply.''.</DELETED>
        <DELETED>    (2) Continuation of petitions.--</DELETED>
                <DELETED>    (A) In general.--The Secretary of Homeland 
                Security shall provide for the reinstatement of any 
                petition filed by a deceased person described in 
                subparagraph (A) of section 201(f)(4) of the 
                Immigration and Nationality Act, as added by paragraph 
                (1), if such petition is described in subparagraph 
                (E)(i) of such section and was revoked or terminated 
                (or otherwise rendered null), either before or after 
                its approval, due to the death of such person, unless 
                the beneficiary otherwise has attained the status of an 
                alien lawfully admitted for permanent 
                residence.</DELETED>
                <DELETED>    (B) Exception.--A petition otherwise 
                satisfying the requirements of subparagraph (A) and 
                filed by a citizen on behalf of a parent shall not be 
                reinstated unless the parent was lawfully authorized to 
                be present in the United States on the date of the 
                citizen's death (disregarding any departure for a 
                temporary visit abroad).</DELETED>
        <DELETED>    (3) Effective date.--The amendment made by 
        paragraph (1) shall take effect on the date of the enactment of 
        this Act.</DELETED>
<DELETED>    (b) Technical Amendment.--</DELETED>
        <DELETED>    (1) In general.--Section 201(f)(1) of the 
        Immigration and Nationality Act (8 U.S.C. 201(f)(1)) is amended 
        by striking ``Attorney General'' and inserting ``Secretary of 
        Homeland Security''.</DELETED>
        <DELETED>    (2) Effective date.--The amendment made by 
        paragraph (1) shall take effect as if enacted on March 1, 
        2003.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Naturalization and Family Protection 
for Military Members Act of 2003''.

SEC. 2. REQUIREMENTS FOR NATURALIZATION THROUGH SERVICE IN THE ARMED 
              FORCES OF THE UNITED STATES.

    (a) Reduction of Period for Required Service.--Section 328(a) of 
the Immigration and Nationality Act (8 U.S.C. 1439(a)) is amended by 
striking ``three years'' and inserting ``2 years''.
    (b) Prohibition on Imposition of Fees Relating to Naturalization.--
Title III of the Immigration and Nationality Act (8 U.S.C. 1401 et 
seq.) is amended--
            (1) in section 328(b)--
                    (A) in paragraph (3)--
                            (i) by striking ``honorable. The'' and 
                        inserting ``honorable (the''; and
                            (ii) by striking ``discharge.'' and 
                        inserting ``discharge); and''; and
                    (B) by adding at the end the following:
            ``(4) notwithstanding any other provision of law, no fee 
        shall be charged or collected from the applicant for filing a 
        petition for naturalization or for the issuance of a 
        certificate of naturalization upon citizenship being granted to 
        the applicant, and no clerk of any State court shall charge or 
        collect any fee for such services unless the laws of the State 
        require such charge to be made, in which case nothing more than 
        the portion of the fee required to be paid to the State shall 
        be charged or collected.''; and
            (2) in section 329(b)--
                    (A) in paragraph (2), by striking ``and'' at the 
                end;
                    (B) in paragraph (3), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(4) notwithstanding any other provision of law, no fee 
        shall be charged or collected from the applicant for filing a 
        petition for naturalization or for the issuance of a 
        certificate of naturalization upon citizenship being granted to 
        the applicant, and no clerk of any State court shall charge or 
        collect any fee for such services unless the laws of the State 
        require such charge to be made, in which case nothing more than 
        the portion of the fee required to be paid to the State shall 
        be charged or collected.''.
    (c) Naturalization Proceedings Overseas for Members of the Armed 
Forces.--Notwithstanding any other provision of law, the Secretary of 
Homeland Security, the Secretary of State, and the Secretary of Defense 
shall ensure that any applications, interviews, filings, oaths, 
ceremonies, or other proceedings under title III of the Immigration and 
Nationality Act (8 U.S.C. 1401 et seq.) relating to naturalization of 
members of the Armed Forces are available through United States 
embassies, consulates, and as practicable, United States military 
installations overseas.
    (d) Finalization of Naturalization Proceedings for Members of the 
Armed Forces.--Not later than 90 days after the date of enactment of 
this Act, the Secretary of Defense shall prescribe a policy that 
facilitates the opportunity for a member of the Armed Forces to 
finalize naturalization for which the member has applied. The policy 
shall include, for such purpose, the following:
            (1) A high priority for grant of emergency leave.
            (2) A high priority for transportation on aircraft of, or 
        chartered by, the Armed Forces.
    (e) Technical and Conforming Amendment.--Section 328(b)(3) of the 
Immigration and Nationality Act (8 U.S.C. 1439(b)(3)) is amended by 
striking ``Attorney General'' and inserting ``Secretary of Homeland 
Security''.

SEC. 3. NATURALIZATION BENEFITS FOR MEMBERS OF THE SELECTED RESERVE OF 
              THE READY RESERVE.

    Section 329(a) of the Immigration and Nationality Act (8 U.S.C. 
1440(a)) is amended by inserting ``as a member of the Selected Reserve 
of the Ready Reserve or'' after ``has served honorably''.

SEC. 4. EXTENSION OF POSTHUMOUS BENEFITS TO SURVIVING SPOUSES, 
              CHILDREN, AND PARENTS.

    (a) Treatment as Immediate Relatives.--
            (1) Spouses.--Notwithstanding the second sentence of 
        section 201(b)(2)(A)(i) of the Immigration and Nationality Act 
        (8 U.S.C. 1151(b)(2)(A)(i)), in the case of an alien who was 
        the spouse of a citizen of the United States at the time of the 
        citizen's death and was not legally separated from the citizen 
        at the time of the citizen's death, if the citizen served 
        honorably in an active duty status in the military, air, or 
        naval forces of the United States and died as a result of 
        injury or disease incurred in or aggravated by combat, the 
        alien (and each child of the alien) shall be considered, for 
        purposes of section 201(b) of such Act, to remain an immediate 
        relative after the date of the citizen's death, but only if the 
        alien files a petition under section 204(a)(1)(A)(ii) of such 
        Act within 2 years after such date and only until the date the 
        alien remarries. For purposes of such section 204(a)(1)(A)(ii), 
        an alien granted relief under the preceding sentence shall be 
        considered an alien spouse described in the second sentence of 
        section 201(b)(2)(A)(i) of such Act.
            (2) Children.--
                    (A) In general.--In the case of an alien who was 
                the child of a citizen of the United States at the time 
                of the citizen's death, if the citizen served honorably 
                in an active duty status in the military, air, or naval 
                forces of the United States and died as a result of 
                injury or disease incurred in or aggravated by combat, 
                the alien shall be considered, for purposes of section 
                201(b) of the Immigration and Nationality Act (8 U.S.C. 
                1151(b)), to remain an immediate relative after the 
                date of the citizen's death (regardless of changes in 
                age or marital status thereafter), but only if the 
                alien files a petition under subparagraph (B) within 2 
                years after such date.
                    (B) Petitions.--An alien described in subparagraph 
                (A) may file a petition with the Secretary of Homeland 
                Security for classification of the alien under section 
                201(b)(2)(A)(i) of the Immigration and Nationality Act 
                (8 U.S.C. 1151(b)(2)(A)(i)). For purposes of such Act, 
                such a petition shall be considered a petition filed 
                under section 204(a)(1)(A) of such Act (8 U.S.C. 
                1154(a)(1)(A)).
            (3) Parents.--
                    (A) In general.--In the case of an alien who was 
                the parent of a citizen of the United States at the 
                time of the citizen's death, if the citizen served 
                honorably in an active duty status in the military, 
                air, or naval forces of the United States and died as a 
                result of injury or disease incurred in or aggravated 
                by combat, the alien shall be considered, for purposes 
                of section 201(b) of the Immigration and Nationality 
                Act (8 U.S.C. 1151(b)), to remain an immediate relative 
                after the date of the citizen's death (regardless of 
                changes in age or marital status thereafter), but only 
                if the alien files a petition under subparagraph (B) 
                within 2 years after such date.
                    (B) Petitions.--An alien described in subparagraph 
                (A) may file a petition with the Secretary of Homeland 
                Security for classification of the alien under section 
                201(b)(2)(A)(i) of the Immigration and Nationality Act 
                (8 U.S.C. 1151(b)(2)(A)(i)). For purposes of such Act, 
                such a petition shall be considered a petition filed 
                under section 204(a)(1)(A) of such Act (8 U.S.C. 
                1154(a)(1)(A)).
                    (C) Exception.--Notwithstanding section 
                201(b)(2)(A)(i) of the Immigration and Nationality Act 
                (8 U.S.C. 1151(b)(2)(A)(i)), for purposes of this 
                paragraph, a citizen described in subparagraph (A) does 
                not have to be 21 years of age for a parent to benefit 
                under this paragraph.
    (b) Applications for Adjustment of Status by Surviving Spouses, 
Children, and Parents.--
            (1) In general.--Notwithstanding subsections (a) and (c) of 
        section 245 of the Immigration and Nationality Act (8 U.S.C. 
        1255), any alien who was the spouse, child, or parent of an 
        alien described in paragraph (2), and who applied for 
        adjustment of status prior to the death described in paragraph 
        (2)(B), may have such application adjudicated as if such death 
        had not occurred.
            (2) Alien described.--An alien is described in this 
        paragraph if the alien--
                    (A) served honorably in an active duty status in 
                the military, air, or naval forces of the United 
                States;
                    (B) died as a result of injury or disease incurred 
                in or aggravated by combat; and
                    (C) was granted posthumous citizenship under 
                section 329A of the Immigration and Nationality Act (8 
                U.S.C. 1440-1).
    (c) Spouses and Children of Lawful Permanent Resident Aliens.--
            (1) Treatment as immediate relatives.--
                    (A) In general.--A spouse or child of an alien 
                described in paragraph (3) who is included in a 
                petition for classification as a family-sponsored 
                immigrant under section 203(a)(2) of the Immigration 
                and Nationality Act (8 U.S.C. 1153(a)(2)) that was 
                filed by such alien, shall be considered (if the spouse 
                or child has not been admitted or approved for lawful 
                permanent residence by such date) a valid petitioner 
                for immediate relative status under section 
                201(b)(2)(A)(i) of the Immigration and Nationality Act 
                (8 U.S.C. 1151(b)(2)(A)(i)). Such spouse or child shall 
                be eligible for deferred action, advance parole, and 
                work authorization.
                    (B) Petitions.--An alien spouse or child described 
                in subparagraph (A) may file a petition with the 
                Secretary of Homeland Security for classification of 
                the alien under section 201(b)(2)(A)(i) of the 
                Immigration and Nationality Act (8 U.S.C. 
                1151(b)(2)(A)(i)). For purposes of such Act, such a 
                petition shall be considered a petition filed under 
                section 204(a)(1)(A) of such Act (8 U.S.C. 
                1154(a)(1)(A)).
            (2) Self-petitions.--Any spouse or child of an alien 
        described in paragraph (3) who is not a beneficiary of a 
        petition for classification as a family-sponsored immigrant may 
        file a petition for such classification under section 
        201(b)(2)(A)(i) of the Immigration and Nationality Act (8 
        U.S.C. 1151(b)(2)(A)(i)) with the Secretary of Homeland 
        Security, but only if the spouse or child files a petition 
        within 2 years after such date. Such spouse or child shall be 
        eligible for deferred action, advance parole, and work 
        authorization.
            (3) Alien described.--An alien is described in this 
        paragraph if the alien--
                    (A) served honorably in an active duty status in 
                the military, air, or naval forces of the United 
                States;
                    (B) died as a result of injury or disease incurred 
                in or aggravated by combat; and
                    (C) was granted posthumous citizenship under 
                section 329A of the Immigration and Nationality Act (8 
                U.S.C. 1440-1).
    (d) Parents of Lawful Permanent Resident Aliens.--
            (1) Self-petitions.--Any parent of an alien described in 
        paragraph (2) may file a petition for classification under 
        section 201(b)(2)(A)(i) of the Immigration and Nationality Act 
        (8 U.S.C. 1151(b)(2)(A)(i)), but only if the parent files a 
        petition within 2 years after such date. For purposes of such 
        Act, such petition shall be considered a petition filed under 
        section 204(a)(1)(A) of such Act (8 U.S.C. 1154(a)(1)(A)). Such 
        parent shall be eligible for deferred action, advance parole, 
        and work authorization.
            (2) Alien described.--An alien is described in this 
        paragraph if the alien--
                    (A) served honorably in an active duty status in 
                the military, air, or naval forces of the United 
                States;
                    (B) died as a result of injury or disease incurred 
                in or aggravated by combat; and
                    (C) was granted posthumous citizenship under 
                section 329A of the Immigration and Nationality Act (8 
                U.S.C. 1440-1).
    (e) Adjustment of Status.--Notwithstanding subsections (a) and (c) 
of section 245 of the Immigration and Nationality Act (8 U.S.C. 1255), 
an alien physically present in the United States who is the beneficiary 
of a petition under paragraph (1), (2)(B), or (3)(B) of subsection (a), 
paragraph (1)(B) or (2) of subsection (c), or subsection (d)(1) of this 
section, may apply to the Secretary of Homeland Security for adjustment 
of status to that of an alien lawfully admitted for permanent 
residence.
    (f) Waiver of Certain Grounds of Inadmissibility.--In determining 
the admissibility of any alien accorded an immigration benefit under 
this section, the ground for inadmissibility specified in section 
212(a)(4) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(4)) 
shall not apply, and notwithstanding any other provision of law, the 
Secretary of Homeland Security may waive paragraph (6)(A), (7), and 
(9)(B) of section 212(a) of the Immigration and Nationality Act (8 
U.S.C. 1182(a)) with respect to such an alien if the alien establishes 
exceptional and extremely unusual hardship to the alien or the alien's 
spouse, parent, or child, who is a citizen of the United States or an 
alien lawfully admitted for permanent residence. Any such waiver by the 
Secretary of Homeland Security shall be in writing and shall be granted 
only on an individual basis following an investigation.
    (g) Benefits to Survivors; Technical Amendment.--Section 329A of 
the Immigration and Nationality Act (8 U.S.C. 1440-1) is amended--
            (1) by striking subsection (e); and
            (2) by striking ``Attorney General'' each place that term 
        appears and inserting ``Secretary of Homeland Security''.
    (h) Technical and Conforming Amendments.--Section 319(d) of the 
Immigration and Nationality Act (8 U.S.C. 1430(d)) is amended--
            (1) by inserting ``, child, or parent'' after ``surviving 
        spouse'';
            (2) by inserting ``, parent, or child'' after ``whose 
        citizen spouse''; and
            (3) by striking ``who was living'' and inserting ``who, in 
        the case of a surviving spouse, was living''.

SEC. 5. EXPEDITED PROCESS FOR GRANTING POSTHUMOUS CITIZENSHIP TO 
              MEMBERS OF THE ARMED FORCES.

    Section 329A of the Immigration and Nationality Act (8 U.S.C. 1440-
1) is amended--
            (1) by striking subsection (c) and inserting the following:
    ``(c) Requests for Posthumous Citizenship.--
            ``(1) In general.--A request for the granting of posthumous 
        citizenship to a person described in subsection (b) may be 
        filed on behalf of that person--
                    ``(A) upon locating the next-of-kin, and if so 
                requested by the next-of-kin, by the Secretary of 
                Defense or the Secretary's designee with the Bureau of 
                Citizenship and Immigration Services in the Department 
                of Homeland Security immediately upon the death of that 
                person; or
                    ``(B) by the next-of-kin.
            ``(2) Approval.--The Director of the Bureau of Citizenship 
        and Immigration Services shall approve a request for posthumous 
        citizenship filed by the next-of-kin in accordance with 
        paragraph (1)(B) if--
                    ``(A) the request is filed not later than 2 years 
                after--
                            ``(i) the date of enactment of this 
                        section; or
                            ``(ii) the date of the person's death;
                whichever date is later;
                    ``(B) the request is accompanied by a duly 
                authenticated certificate from the executive department 
                under which the person served which states that the 
                person satisfied the requirements of paragraphs (1) and 
                (2) of subsection (b); and
                    ``(C) the Director finds that the person satisfied 
                the requirement of subsection (b)(3).''; and
            (2) by striking subsection (d) and inserting the following:
    ``(d) Documentation of Posthumous Citizenship.--If the Director of 
the Bureau of Citizenship and Immigration Services approves the request 
referred to in subsection (c), the Director shall send to the next-of-
kin of the person who is granted citizenship, a suitable document which 
states that the United States considers the person to have been a 
citizen of the United States at the time of the person's death.''.

SEC. 6. EFFECTIVE DATE.

    This Act and the amendments made by this Act shall 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
```