I 

108TH CONGRESS 

1ST SESSION H. R. 2887

To provide for naturalization through service in a combat zone designated 

in connection with Operation Iraqi Freedom, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 24, 2003

Mr. RANGEL introduced the following bill; which was referred to the 

Committee on the Judiciary 

A BILL

To provide for naturalization through service in a combat 

zone designated in connection with Operation Iraqi Freedom, 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 ‘‘Riayan Tejeda Memo5 rial Act of 2003’’. 

6 SEC. 2. REQUIREMENTS FOR NATURALIZATION THROUGH 

7 SERVICE IN COMBAT ZONE DURING OPER8 ATION IRAQI FREEDOM. 

9 (a) IN GENERAL.—An alien described in subsection 

10 (b) may be naturalized without regard to the requirements 
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1 of title III of the Immigration and Nationality Act (8 

2 U.S.C. 1401 et seq.) if the alien—

3 (1) files an application for naturalization in ac4 cordance such procedures to carry out this section as 

5 may be established by regulation by the Secretary of 

6 Homeland Security; and 

7 (2) takes the oath required by section 337 of 

8 such Act (8 U.S.C. 1448) in accordance with such 

9 procedures. 

10 (b) ALIENS DESCRIBED.—An alien described in this 

11 subsection is an alien who—

12 (1) while an alien or noncitizen national of the 

13 United States, served honorably for any period of 

14 time in the Army, Navy, Air Force, Marine Corps 

15 (including reserve components), or in the Coast 

16 Guard or Coast Guard Reserve, in a combat zone 

17 designated in connection with Operation Iraqi Free18 dom; and 

19 (2) if separated from such service, was never 

20 separated except under honorable conditions. 

21 (c) PROHIBITION ON IMPOSITION OF FEES RELAT22 ING TO NATURALIZATION.—Notwithstanding any other 

23 provision of law, no fee shall be charged or collected from 

24 an applicant under this section for filing an application 

25 for naturalization or for the issuance of a certificate of 
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1 naturalization upon citizenship being granted to the appli2 cant, and no clerk of any State court shall charge or col3 lect any fee for such services unless the laws of the State 

4 require such charge to be made, in which case nothing 

5 more than the portion of the fee required to be paid to 

6 the State shall be charged or collected. 

7 (d) NATURALIZATION PROCEEDINGS OVERSEAS FOR

8 MEMBERS OF THE ARMED FORCES.—Notwithstanding 

9 any other provision of law, the Secretary of Homeland Se10 curity, the Secretary of State, and the Secretary of De11 fense shall ensure that any applications, interviews, filings, 

12 oaths, ceremonies, or other proceedings under this section 

13 are available through United States embassies, consulates, 

14 and as practicable, United States military installations 

15 overseas. 

16 SEC. 3. EXTENSION OF POSTHUMOUS BENEFITS TO SUR17 VIVING SPOUSES, CHILDREN, AND PARENTS. 

18 (a) TREATMENT AS IMMEDIATE RELATIVES.—

19 (1) SPOUSES.—Notwithstanding the second 

20 sentence of section 201(b)(2)(A)(i) of the Immigra21 tion and Nationality Act (8 U.S.C. 

22 1151(b)(2)(A)(i)), in the case of an alien who was 

23 the spouse of a citizen of the United States at the 

24 time of the citizen’s death and was not legally sepa25 rated from the citizen at the time of the citizen’s 
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1 death, if the citizen served honorably for any period 

2 of time in the Army, Navy, Air Force, Marine Corps 

3 (including reserve components), or in the Coast 

4 Guard or Coast Guard Reserve, in a combat zone 

5 designated in connection with Operation Iraqi Free6 dom and died as a result of injury or disease in7 curred in or aggravated by that service, the alien 

8 (and each child of the alien) shall be considered, for 

9 purposes of section 201(b) of such Act, to remain an 

10 immediate relative after the date of the citizen’s 

11 death, but only if the alien files a petition under sec12 tion 204(a)(1)(A)(ii) of such Act within 2 years 

13 after such date and only until the date the alien re14 marries. For purposes of such section 

15 204(a)(1)(A)(ii), an alien granted relief under the 

16 preceding sentence shall be considered an alien 

17 spouse described in the second sentence of section 

18 201(b)(2)(A)(i) of such Act. 

19 (2) CHILDREN.—

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

21 who was the child of a citizen of the United 

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

23 citizen served honorably for any period of time 

24 in the Army, Navy, Air Force, Marine Corps 

25 (including reserve components), or in the Coast 
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1 Guard or Coast Guard Reserve, in a combat 

2 zone designated in connection with Operation 

3 Iraqi Freedom and died as a result of injury or 

4 disease incurred in or aggravated by that serv5 ice, the alien shall be considered, for purposes 

6 of section 201(b) of the Immigration and Na7 tionality Act (8 U.S.C. 1151(b)), to remain an 

8 immediate relative after the date of the citizen’s 

9 death (regardless of changes in age or marital 

10 status thereafter), but only if the alien files a 

11 petition under subparagraph (B) within 2 years 

12 after such date. 

13 (B) PETITIONS.—An alien described in 

14 subparagraph (A) may file a petition with the 

15 Secretary of Homeland Security for classifica16 tion of the alien under section 201(b)(2)(A)(i) 

17 of the Immigration and Nationality Act (8 

18 U.S.C. 1151(b)(2)(A)(i)). For purposes of such 

19 Act, such a petition shall be considered a peti20 tion filed under section 204(a)(1)(A) of such 

21 Act (8 U.S.C. 1154(a)(1)(A)). 

22 (3) PARENTS.—

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

24 who was the parent of a citizen of the United 

25 States at the time of the citizen’s death, if the 
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1 citizen served honorably for any period of time 

2 in the Army, Navy, Air Force, Marine Corps 

3 (including reserve components), or in the Coast 

4 Guard or Coast Guard Reserve, in a combat 

5 zone designated in connection with Operation 

6 Iraqi Freedom and died as a result of injury or 

7 disease incurred in or aggravated by that serv8 ice, the alien shall be considered, for purposes 

9 of section 201(b) of the Immigration and Na10 tionality Act (8 U.S.C. 1151(b)), to remain an 

11 immediate relative after the date of the citizen’s 

12 death (regardless of changes in age or marital 

13 status thereafter), but only if the alien files a 

14 petition under subparagraph (B) within 2 years 

15 after such date. 

16 (B) PETITIONS.—An alien described in 

17 subparagraph (A) may file a petition with the 

18 Secretary of Homeland Security for classifica19 tion of the alien under section 201(b)(2)(A)(i) 

20 of the Immigration and Nationality Act (8 

21 U.S.C. 1151(b)(2)(A)(i)). For purposes of such 

22 Act, such a petition shall be considered a peti23 tion filed under section 204(a)(1)(A) of such 

24 Act (8 U.S.C. 1154(a)(1)(A)). 
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1 (C) EXCEPTION.—Notwithstanding section 

2 201(b)(2)(A)(i) of the Immigration and Nation3 ality Act (8 U.S.C. 1151(b)(2)(A)(i)), for pur4 poses of this paragraph, a citizen described in 

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

6 of age for a parent to benefit under this para7 graph. 

8 (b) APPLICATIONS FOR ADJUSTMENT OF STATUS BY

9 SURVIVING SPOUSES, CHILDREN, AND PARENTS.—

10 (1) IN GENERAL.—Notwithstanding subsections 

11 (a) and (c) of section 245 of the Immigration and 

12 Nationality Act (8 U.S.C. 1255), any alien who was 

13 the spouse, child, or parent of an alien described in 

14 paragraph (2), and who applied for adjustment of 

15 status prior to the death described in paragraph 

16 (2)(B), may have such application adjudicated as if 

17 such death had not occurred. 

18 (2) ALIEN DESCRIBED.—An alien is described 

19 in this paragraph if the alien—

20 (A) served honorably for any period of 

21 time in the Army, Navy, Air Force, Marine 

22 Corps (including reserve components), or in the 

23 Coast Guard or Coast Guard Reserve, in a com24 bat zone designated in connection with Oper25 ation Iraqi Freedom; 
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1 (B) died as a result of injury or disease in2 curred in or aggravated by that service; and 

3 (C) was granted posthumous citizenship 

4 under section 329A of the Immigration and Na5 tionality Act (8 U.S.C. 1440–1). 

6 (c) SPOUSES AND CHILDREN OF LAWFUL PERMA7 NENT RESIDENT ALIENS.—

8 (1) TREATMENT AS IMMEDIATE RELATIVES.—

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

10 alien described in paragraph (3) who is included 

11 in a petition for classification as a family-spon12 sored immigrant under section 203(a)(2) of the 

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

14 1153(a)(2)) that was filed by such alien, shall 

15 be considered (if the spouse or child has not 

16 been admitted or approved for lawful perma17 nent residence by such date) a valid petitioner 

18 for immediate relative status under section 

19 201(b)(2)(A)(i) of the Immigration and Nation20 ality Act (8 U.S.C. 1151(b)(2)(A)(i)). Such 

21 spouse or child shall be eligible for deferred ac22 tion, advance parole, and work authorization. 

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

24 described in subparagraph (A) may file a peti25 tion with the Secretary of Homeland Security 
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1 for classification of the alien under section 

2 201(b)(2)(A)(i) of the Immigration and Nation3 ality Act (8 U.S.C. 1151(b)(2)(A)(i)). For pur4 poses of such Act, such a petition shall be con5 sidered a petition filed under section 

6 204(a)(1)(A) of such Act (8 U.S.C. 

7 1154(a)(1)(A)). 

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

9 an alien described in paragraph (3) who is not a 

10 beneficiary of a petition for classification as a fam11 ily-sponsored immigrant may file a petition for such 

12 classification under section 201(b)(2)(A)(i) of the 

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

14 1151(b)(2)(A)(i)) with the Secretary of Homeland 

15 Security, but only if the spouse or child files a peti16 tion within 2 years after such date. Such spouse or 

17 child shall be eligible for deferred action, advance 

18 parole, and work authorization. 

19 (3) ALIEN DESCRIBED.—An alien is described 

20 in this paragraph if the alien—

21 (A) served honorably for any period of 

22 time in the Army, Navy, Air Force, Marine 

23 Corps (including reserve components), or in the 

24 Coast Guard or Coast Guard Reserve, in a com-
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1 bat zone designated in connection with Oper2 ation Iraqi Freedom; 

3 (B) died as a result of injury or disease in4 curred in or aggravated by that service; and 

5 (C) was granted posthumous citizenship 

6 under section 329A of the Immigration and Na7 tionality Act (8 U.S.C. 1440–1). 

8 (d) PARENTS OF LAWFUL PERMANENT RESIDENT

9 ALIENS.—

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

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

12 classification under section 201(b)(2)(A)(i) of the 

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

14 1151(b)(2)(A)(i)), but only if the parent files a peti15 tion within 2 years after such date. For purposes of 

16 such Act, such petition shall be considered a petition 

17 filed under section 204(a)(1)(A) of such Act (8 

18 U.S.C. 1154(a)(1)(A)). Such parent shall be eligible 

19 for deferred action, advance parole, and work au20 thorization. 

21 (2) ALIEN DESCRIBED.—An alien is described 

22 in this paragraph if the alien—

23 (A) served honorably for any period of 

24 time in the Army, Navy, Air Force, Marine 

25 Corps (including reserve components), or in the 
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1 Coast Guard or Coast Guard Reserve, in a com2 bat zone designated in connection with Oper3 ation Iraqi Freedom; 

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

10 subsections (a) and (c) of section 245 of the Immigration 

11 and 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 Sec16 retary of Homeland Security for adjustment of status to 

17 that of 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 grounds for inadmissibility specified in paragraphs (4), 

22 (6), (7), and (9) of section 212(a) of the Immigration and 

23 Nationality Act (8 U.S.C. 1182(a)) shall not apply. 

24 (g) INAPPLICABILITY OF PROHIBITION ON BENEFITS

25 TO SURVIVORS.—Section 329A(e) of the Immigration and 
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1 Nationality Act (8 U.S.C. 1440–1) shall not apply to the 

2 benefits granted under this Act to relatives of a person 

3 granted posthumous citizenship by reason of service in the 

4 Army, Navy, Air Force, Marine Corps (including reserve 

5 components), or in the Coast Guard or Coast Guard Re6 serve, in a combat zone designated in connection with Op7 eration Iraqi Freedom. 

8 (h) NATURALIZATION OF SURVIVORS.—Any person 

9 who is the surviving spouse, child, or parent of a United 

10 States citizen, whose citizen spouse, parent, or child dies 

11 during a period of honorable service in the Army, Navy, 

12 Air Force, Marine Corps (including reserve components), 

13 or in the Coast Guard or Coast Guard Reserve, in a com14 bat zone designated in connection with Operation Iraqi 

15 Freedom, and who, in the case of a surviving spouse, was 

16 living in marital union with the citizen spouse at the time 

17 of death, may be naturalized upon compliance with all the 

18 requirements of title III of the Immigration and Nation19 ality Act (8 U.S.C. 1401 et seq.) except that no prior resi20 dence or specified physical presence within the United 

21 States, or within a State or a district of the Service in 

22 the United States shall be required. 

23 SEC. 4. PRIORITY FOR NATURALIZATION APPLICATIONS. 

24 In processing applications for naturalization, the Sec25 retary of Homeland Security shall give priority to—
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1 (1) applications filed under section 2 of this 

2 Act; and 

3 (2) applications filed under title III of the Im4 migration and Nationality Act (8 U.S.C. 1401 et 

5 seq.) for naturalization of a parent, spouse, or child 

6 of a person who has served honorably in the Army, 

7 Navy, Air Force, Marine Corps (including reserve 

8 components), or in the Coast Guard or Coast Guard 

9 Reserve, in a combat zone designated in connection 

10 with Operation Iraqi Freedom.

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