I 

112TH CONGRESS 

1ST SESSION H. R. 3761 

To amend the Immigration and Nationality Act to protect the well-being 

of soldiers and their families, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 20, 2011 

Mr. THOMPSON of California (for himself, Ms. ZOE LOFGREN of California, 

Mr. REYES, Mr. CONYERS, Mr. BERMAN, Mr. GUTIERREZ, Mr. GRIJALVA, Mr. FILNER, Mrs. NAPOLITANO, Ms. LINDA T. SA ́NCHEZ of California, Mr. HONDA, Ms. ROYBAL-ALLARD, and Ms. ROS-LEHTINEN) introduced the following bill; which was referred to the Committee on the 

Judiciary, and in addition to the Committee on Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To amend the Immigration and Nationality Act to protect 

the well-being of soldiers and their families, 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 ‘‘Support and Defend 

5 Our Military Personnel and Their Families Act’’. 


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1 SEC. 2. FACILITATING NATURALIZATION FOR MILITARY 

2 PERSONNEL. 

3 (a) IN GENERAL.—Any person who has served honor4 ably as a member of the Armed Forces of the United 

5 States in support of a contingency operation (as defined 

6 in section 101(a)(13) of title 10, United States Code), and 

7 who, if separated from the Armed Forces, was separated 

8 under honorable conditions, may be naturalized as pro9 vided in section 329 of the Immigration and Nationality 

10 Act (8 U.S.C. 1440) as though the person had served dur11 ing a period designated by the President under such sec12 tion. 

13 (b) NATURALIZATION THROUGH SERVICE IN THE

14 ARMED FORCES OF THE UNITED STATES.—Section 328 

15 of the Immigration and Nationality Act (8 U.S.C. 1439) 

16 is amended— 

17 (1) in subsection (a), by striking ‘‘six months’’ 

18 and inserting ‘‘one year’’; and 

19 (2) in subsection (d), by striking ‘‘six months’’ 

20 and inserting ‘‘one year’’. 

21 SEC. 3. TIMELY REUNIFICATION OF MILITARY PERSONNEL 

22 AND THEIR NUCLEAR FAMILIES. 

23 Section 201(b)(1) of the Immigration and Nationality 

24 Act (8 U.S.C. 1151(b)(1)) is amended by adding at the 

25 end the following: 


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1 ‘‘(F) Aliens who are eligible for an immi2 grant visa under paragraph (2) of section 

3 203(a) and are the spouse, child, son, or daugh4 ter of an alien who is serving in the Armed 

5 Forces of the United States.’’. 

6 SEC. 4. RELIEF FOR IMMEDIATE FAMILY MEMBERS OF AC7 TIVE DUTY PERSONNEL. 

8 Section 245 of the Immigration and Nationality Act 

9 (8 U.S.C. 1255) is amended by adding at the end the fol10 lowing: 

11 ‘‘(n) RELIEF FOR IMMEDIATE FAMILY MEMBERS OF

12 ACTIVE DUTY PERSONNEL.— 

13 ‘‘(1) IN GENERAL.—The Secretary of Homeland 

14 Security may adjust the status of an alien described 

15 in paragraph (2) to that of an alien lawfully admit16 ted for permanent residence if— 

17 ‘‘(A) the alien makes an application for 

18 such adjustment, and is physically present in 

19 the United States on the date the application is 

20 filed; 

21 ‘‘(B) the alien is eligible to receive an im22 migrant visa and is admissible under section 

23 212(a) (except that paragraphs (4), (6)(A), 

24 (7)(A), and (9)(B) of such section shall not 

25 apply for purposes of this subsection); 


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1 ‘‘(C) an immigrant visa is immediately 

2 available to the alien at the time the application 

3 is filed; and 

4 ‘‘(D) the alien pays a fee, as determined by 

5 the Secretary, for the processing of such appli6 cation. 

7 ‘‘(2) ELIGIBLE ALIENS.— 

8 ‘‘(A) IN GENERAL.—The benefits provided 

9 in paragraph (1) shall apply only to an alien 

10 who is a parent, spouse, child, son, daughter, or 

11 minor sibling of an eligible member of the 

12 Armed Forces. 

13 ‘‘(B) POSTHUMOUS BENEFITS.—An alien 

14 described in subparagraph (A) shall continue to 

15 be eligible for adjustment under this subsection 

16 for 2 years after the death of an eligible mem17 ber of the Armed Forces whose death was the 

18 result of injury or disease incurred in or aggra19 vated by his or her service in the Armed Forces 

20 or, if such death occurred prior to the date of 

21 enactment of this paragraph, for 2 years after 

22 such date of enactment. 

23 ‘‘(3) ELIGIBLE MEMBERS OF THE ARMED

24 FORCES.—In this subsection, ‘eligible member of the 

25 Armed Forces’ means any person who— 


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1 ‘‘(A) has served honorably in an active 

2 duty status in the Armed Forces of the United 

3 States; and 

4 ‘‘(B) if separated from the service de5 scribed in subparagraph (A), was separated 

6 under honorable conditions.’’. 

7 SEC. 5. MILITARY ENLISTMENT DURING MILITARY OPER8 ATIONS AND NATIONAL EMERGENCIES. 

9 Section 504(b)(1) of title 10, United States Code, is 

10 amended by adding at the end the following: 

11 ‘‘(D) An alien who, during any period of 

12 contingency operations (as defined in section 

13 101(a)(13) of title 10, United States Code), 

14 takes the following oath: ‘I, 

15 lllllllll, do solemnly swear (or 

16 affirm), that (i) I am loyal to and will defend 

17 the United States of America and bear true 

18 faith and allegiance to the same; (ii) I support 

19 and will defend the Constitution and the laws 

20 of the United States against all enemies, for21 eign and domestic; and (iii) I intend to re22 nounce entirely all allegiance to any other na23 tion and promply seek naturalization as pro24 vided under law as soon as I am permitted to 

25 do so.’ ’’. 


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1 SEC. 6. FACTORS TO CONSIDER IN INITIATING REMOVAL 

2 PROCEEDINGS AGAINST ACTIVE DUTY MILI3 TARY PERSONNEL AND VETERANS. 

4 Section 239 of the Immigration and Nationality Act 

5 (8 U.S.C. 1229) is amended by adding at the end the fol6 lowing: 

7 ‘‘(f) CONSIDERATIONS FOR ACTIVE DUTY MILITARY

8 PERSONNEL AND VETERANS.—(1) A notice to appear 

9 shall not be issued against an alien who has served honor10 ably at any time in the Armed Forces of the United 

11 States, and who, if separated from the Armed Forces, sep12 arated under honorable conditions, without prior approval 

13 from the Secretary of Homeland Security. 

14 ‘‘(2) In determining whether to issue a notice to ap15 pear against such an alien, the Secretary shall consider 

16 the alien’s eligibility for naturalization under section 328 

17 or 329, as well as the alien’s record of military service, 

18 grounds of deportability applicable to the alien, and any 

19 hardship to the Armed Forces, the alien, and his or her 

20 family if the alien were to be placed in removal pro21 ceedings. 

22 ‘‘(3) An alien who has served honorably in the Armed 

23 Forces of the United States, and who, if separated from 

24 the Armed Forces, separated under honorable conditions, 

25 shall not be removed from the United States under subVerDate Mar 15 2010 17:55 Dec 28, 2011 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3761.IH H3761

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1 paragraph (A)(i) or (B)(iii) of section 235(b)(1), section 

2 238, or section 241(a)(5).’’. 

Æ 


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