I 

108TH CONGRESS 

1ST SESSION H. R. 1954

To revise the provisions of the Immigration and Nationality Act relating 

to naturalization through service in the Armed Forces, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 6, 2003

Mr. SENSENBRENNER (for himself, Mr. COBLE, Mr. FLAKE, Mr. GUTIERREZ, 

Mr. HASTINGS of Washington, Mr. ISSA, Mr. JENKINS, Mr. JONES of 

North Carolina, Mr. KELLER, Mr. CONYERS, Ms. JACKSON-LEE of 

Texas, and Mr. BERMAN) introduced the following bill; which was referred to the Committee on the Judiciary 

A BILL

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’’. 
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1 SEC. 2. NATURALIZATION THROUGH SERVICE IN ARMED 

2 FORCES. 

3 (a) REDUCTION OF PERIOD FOR REQUIRED SERV4 ICE.—Section 328(a) of the Immigration and Nationality 

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

6 years,’’ and inserting ‘‘one year,’’. 

7 (b) PROHIBITION ON IMPOSITION OF FEES RELAT8 ING TO NATURALIZATION.—Title III of the Immigration 

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

10 (1) in section 328(b)—

11 (A) in paragraph (3)—

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

13 inserting ‘‘honorable (the’’; and 

14 (ii) by striking ‘‘discharge.’’ and in15 serting ‘‘discharge); and’’; and 

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

17 ‘‘(4) notwithstanding any other provision of 

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

19 person for filing the application, or for the issuance 

20 of a certificate of naturalization upon being granted 

21 citizenship, and no clerk of any State court shall 

22 charge or collect any fee for such services unless the 

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

24 in which case nothing more than the portion of the 

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

26 or collected.’’; and 
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1 (2) in section 329(b)—

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

3 the end; 

4 (B) in paragraph (3), by striking the pe5 riod at the end and inserting ‘‘; and’’; and 

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

7 ‘‘(4) notwithstanding any other provision of 

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

9 person for filing the application, or for the issuance 

10 of a certificate of naturalization upon being granted 

11 citizenship, and no clerk of any State court shall 

12 charge or collect any fee for such services unless the 

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

14 in which case nothing more than the portion of the 

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

16 or collected.’’. 

17 (c) NATURALIZATION PROCEEDINGS OVERSEAS FOR

18 MEMBERS OF ARMED FORCES.—Notwithstanding any 

19 other provision of law, the Secretary of Homeland Secu20 rity, the Secretary of State, and the Secretary of Defense 

21 shall ensure that any applications, interviews, filings, 

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

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

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

25 Forces are available, to the maximum extent practicable, 
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1 through United States embassies, consulates, and United 

2 States military installations overseas. 

3 (d) TECHNICAL AMENDMENT.—Section 328(b)(3) of 

4 the Immigration and Nationality Act (8 U.S.C. 

5 1439(b)(3)) is amended by striking ‘‘Attorney General,’’ 

6 and inserting ‘‘Secretary of Homeland Security,’’. 

7 SEC. 3. POSTHUMOUS CITIZENSHIP THROUGH DEATH 

8 WHILE ON ACTIVE-DUTY SERVICE IN ARMED 

9 FORCES. 

10 (a) IN GENERAL.—Section 329A of the Immigration 

11 and Nationality Act (8 U.S.C. 1440–1) is amended by 

12 striking subsection (e) and inserting the following: 

13 ‘‘(e) PROHIBITION ON IMPOSITION OF FEES.—Not14 withstanding any other provision of law, no fee shall be 

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

16 the granting of posthumous citizenship under subsection 

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

18 (d). 

19 ‘‘(f) BENEFITS FOR SURVIVORS.—

20 ‘‘(1) SPOUSES.—Notwithstanding the second 

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

22 the surviving spouse of a person granted post23 humous citizenship under this section, and who was 

24 living in marital union with the citizen spouse at the 

25 time of death, shall be considered, for purposes of 
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1 section 201(b), to remain an immediate relative after 

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

3 date on which the surviving spouse remarries. 

4 ‘‘(2) CHILDREN.—Notwithstanding the second 

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

6 the surviving child of a person granted posthumous 

7 citizenship under this section, and who is an unmar8 ried person under 21 years of age on the date on 

9 which the petition under paragraph (4) is filed, shall 

10 be considered, for purposes of section 201(b), to re11 main an immediate relative after the date of the citi12 zen’s death (regardless of changes in age or marital 

13 status after such filing date). 

14 ‘‘(3) PARENTS.—Notwithstanding the first sen15 tence of section 201(b)(2)(A)(i), a person who is the 

16 surviving parent of a person granted posthumous 

17 citizenship under this section shall be considered, for 

18 purposes of section 201(b), to remain an immediate 

19 relative after the date of the citizen’s death, and the 

20 requirement that the citizen be at least 21 years of 

21 age shall not apply. 

22 ‘‘(4) SELF-PETITIONS.—

23 ‘‘(A) IN GENERAL.—In the case of a sur24 viving spouse, child, or parent who remains an 

25 immediate relative after the date of a citizen’s 
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1 death pursuant to paragraph (1), (2), or (3), 

2 any petition under section 204 otherwise re3 quired to be filed by the citizen to classify the 

4 spouse, child, or parent under section 

5 201(b)(2)(A)(i) may be filed instead by the 

6 spouse, child, or parent. 

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

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

9 the petition described in subparagraph (A) shall 

10 be filed on behalf of the child by a parent or 

11 legal guardian of the child. 

12 ‘‘(5) DEADLINE.—Paragraphs (1) through (4) 

13 shall apply only if the petition under paragraph (4) 

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

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

16 ‘‘(6) CONVERSION OF PETITIONS.—In the case 

17 of a petition under section 204 initially filed for an 

18 alien’s classification as a family-sponsored immi19 grant under section 203(a)(2)(A), based on the 

20 alien’s spouse or parent being lawfully admitted for 

21 permanent residence, upon the grant of posthumous 

22 citizenship under this section to the petitioner, the 

23 Secretary of Homeland Security—

24 ‘‘(A) shall convert such petition to a peti25 tion filed under paragraph (4) to classify the 
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1 alien as an immediate relative under subsection 

2 (b)(2)(A)(i); 

3 ‘‘(B) shall ensure that the priority date as4 signed upon receipt of the original petition is 

5 maintained; and 

6 ‘‘(C) otherwise shall treat the date on 

7 which the request under subsection (c) is grant8 ed as the petition filing date for purposes of 

9 this subsection. 

10 ‘‘(7) WAIVER OF PUBLIC CHARGE GROUND FOR

11 INADMISSIBILITY.—In determining the admissibility 

12 of any alien accorded an immigration benefit under 

13 this subsection, the grounds for inadmissibility speci14 fied in section 212(a)(4) shall not apply. 

15 ‘‘(8) NO BENEFITS FOR OTHER RELATIVES.—

16 Nothing in this section shall be construed as pro17 viding for any benefit under this Act for any relative 

18 of a person granted posthumous citizenship under 

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

20 parent under this subsection.’’. 

21 (b) TECHNICAL AMENDMENTS.—Section 329A of the 

22 Immigration and Nationality Act (8 U.S.C. 1440–1) is 

23 amended by striking ‘‘Attorney General’’ each place such 

24 term appears and inserting ‘‘Secretary of Homeland Secu25 rity’’. 
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1 SEC. 4. IMMIGRATION BENEFITS FOR SURVIVING ALIEN 

2 SPOUSES, CHILDREN, AND PARENTS OF CITI3 ZENS WHO DIE WHILE ON ACTIVE DUTY. 

4 (a) TREATMENT AS IMMEDIATE RELATIVES.—Sec5 tion 201(f) of the Immigration and Nationality Act (8 

6 U.S.C. 1151(f)) is amended by adding at the end the fol7 lowing: 

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

9 AND PARENTS OF CITIZENS WHO DIE WHILE ON AC10 TIVE-DUTY SERVICE IN ARMED FORCES.—

11 ‘‘(A) BENEFITS FOR SURVIVORS.—

12 ‘‘(i) IN GENERAL.—The benefits 

13 under this paragraph shall apply only to a 

14 surviving spouse, child, or parent of a per15 son who, while a citizen of the United 

16 States—

17 ‘‘(I) served honorably in an ac18 tive-duty status in the military, air, or 

19 naval forces of the United States dur20 ing any period described in the first 

21 sentence of section 329(a); and 

22 ‘‘(II) died as a result of injury or 

23 disease incurred in or aggravated by 

24 such service. 

25 ‘‘(ii) DETERMINATIONS.—The execu26 tive department under which the citizen so
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1 served shall determine whether the citizen 

2 satisfied the requirements of this subpara3 graph. 

4 ‘‘(B) SPOUSES.—Notwithstanding the sec5 ond sentence of subsection (b)(2)(A)(i), a per6 son who is a surviving spouse described in sub7 paragraph (A), and who was living in marital 

8 union with the citizen described in such sub9 paragraph at the time of death, shall be consid10 ered, for purposes of subsection (b), to remain 

11 an immediate relative after the date of the citi12 zen’s death, but only until the date on which 

13 the surviving spouse remarries. In all other re14 spects, the provisions of subsection (b)(2)(A)(i) 

15 and section 204(a)(1)(A)(ii) shall apply to such 

16 a surviving spouse. 

17 ‘‘(C) CHILDREN.—Notwithstanding the 

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

19 person who is a surviving child described in 

20 subparagraph (A), and who is an unmarried 

21 person under 21 years of age on the date on 

22 which a petition described in subparagraph (E) 

23 to classify the alien as an immediate relative is 

24 filed, shall be considered, for purposes of sub25 section (b), to remain an immediate relative 
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1 after the date of the citizen’s death (regardless 

2 of changes in age or marital status after such 

3 filing date). 

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

5 sentence of subsection (b)(2)(A)(i), a person 

6 who is a surviving parent described in subpara7 graph (A) shall be considered, for purposes of 

8 subsection (b), to remain an immediate relative 

9 after the date of the citizen’s death, and the re10 quirement that the citizen be at least 21 years 

11 of age shall not apply. 

12 ‘‘(E) TREATMENT OF PETITIONS WITH RE13 SPECT TO CHILDREN AND PARENTS.—

14 ‘‘(i) CONTINUATION OF PETITIONS.—

15 A petition properly filed on behalf of a 

16 child or parent under section 

17 204(a)(1)(A)(i) by a citizen described in 

18 subparagraph (A) prior to the citizen’s 

19 death shall be valid to classify the child or 

20 parent as an immediate relative pursuant 

21 to this paragraph. No new petition shall be 

22 required to be filed, and any priority date 

23 assigned prior to the death shall be main24 tained. 
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1 ‘‘(ii) SELF-PETITIONS.—In the case of 

2 a surviving child or parent who remains an 

3 immediate relative after the date of a citi4 zen’s death pursuant to subparagraph (C) 

5 or (D), any petition under section 204 oth6 erwise required to be filed by the citizen to 

7 classify the child or parent under sub8 section (b)(2)(A)(i) may be filed instead by 

9 the child or parent. 

10 ‘‘(iii) MINOR CHILDREN.—In the case 

11 of a child under 18 years of age on the fil12 ing date, the petition described in clause 

13 (ii) shall be filed on behalf of the child by 

14 a parent or legal guardian of the child. 

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

17 and (D) shall apply only if the petition de18 scribed in such clause is filed not later 

19 than 2 years after the date of the citizen’s 

20 death. 

21 ‘‘(F) WAIVER OF PUBLIC CHARGE GROUND

22 FOR INADMISSIBILITY.—In determining the ad23 missibility of any alien accorded an immigration 

24 benefit under this paragraph, the grounds for 
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1 inadmissibility specified in section 212(a)(4) 

2 shall not apply.’’. 

3 (b) TECHNICAL AMENDMENT.—Section 201(f)(1) of 

4 the Immigration and Nationality Act (8 U.S.C. 201(f)(1)) 

5 is amended by striking ‘‘Attorney General’’ and inserting 

6 ‘‘Secretary of Homeland Security’’. 

7 SEC. 5. EFFECTIVE DATE. 

8 (a) IN GENERAL.—Except as provided in subsection 

9 (b), this Act and the amendments made by this Act shall 

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

11 (b) FEES.—The amendments made by this Act to 

12 sections 328 through 329A of the Immigration and Na13 tionality Act (8 U.S.C. 1439–1440–1), insofar as such 

14 amendments prohibit the imposition of a fee—

15 (1) shall take effect on the date of the enact16 ment of this Act; and 

17 (2) shall not be construed to require the refund 

18 or return of any fee collected before such date.

Æ