I 

111TH CONGRESS 

1ST SESSION H. R. 4350 

To amend the Immigration and Nationality Act to provide for nonimmigrant 

status for an alien who is the parent or legal guardian of a United 

States citizen child if the child was born abroad and is the child of 

a deceased member of the Armed Forces of the United States. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 16, 2009 

Mr. ISSA (for himself, Mr. REYES, Mr. SKELTON, Mr. HOEKSTRA, Mr. 

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

A BILL 

To amend the Immigration and Nationality Act to provide 

for nonimmigrant status for an alien who is the parent 

or legal guardian of a United States citizen child if 

the child was born abroad and is the child of a deceased 

member of the Armed Forces of the United States. 

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 ‘‘Fallen Heroes Family 

5 Act of 2009’’. 


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1 SEC. 2. NONIMMIGRANT STATUS FOR ALIEN PARENT OF 

2 U.S. CITIZEN CHILD OF DECEASED MEMBER 

3 OF ARMED FORCES. 

4 Section 101(a)(15) of the Immigration and Nation5 ality Act (8 U.S.C. 1101(a)(15)) is amended— 

6 (1) in subparagraph (U), by striking ‘‘or’’ at 

7 the end; 

8 (2) in subparagraph (V), by striking the period 

9 at the end and inserting ‘‘; or’’; and 

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

11 ‘‘(W) subject to section 214(s), an alien who is 

12 the parent of a child who— 

13 ‘‘(i) is a United States citizen; 

14 ‘‘(ii) was born outside the United States 

15 and its outlying possessions; and 

16 ‘‘(iii) had a natural parent who— 

17 ‘‘(I) served honorably in an active18 duty status in the military, air, or naval 

19 forces of the United States; and 

20 ‘‘(II) died on or after September 11, 

21 2001, as a result of injury or disease in22 curred in or aggravated by that service.’’. 

23 SEC. 3. PARENT TO INCLUDE LEGAL GUARDIAN. 

24 Section 101(b)(2) of the Immigration and Nationality 

25 Act (8 U.S.C. 1101(b)(2)) is amended by adding at the 

26 end the following: ‘‘For purposes of subsection (a)(15)(W) 


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1 and section 201(b)(2)(A)(i), the term ‘parent’ includes a 

2 legal guardian or other person standing in loco parentis.’’. 

3 SEC. 4. CONDITIONS ON ADMISSION. 

4 Section 214 of the Immigration and Nationality Act 

5 (8 U.S.C. 1184) is amended by adding at the end the fol6 lowing: 

7 ‘‘(s)(1) In the case of a nonimmigrant described in 

8 section 101(a)(15)(W), the Secretary of Homeland Secu9 rity shall authorize the nonimmigrant to engage in em10 ployment in the United States during the period of author11 ized admission and shall provide the nonimmigrant with 

12 an ‘employment authorized’ endorsement or other appro13 priate document signifying authorization of employment. 

14 ‘‘(2) The period of authorized admission of such a 

15 nonimmigrant shall terminate on the date that is 180 days 

16 after the 21st birthday of the child described in section 

17 101(a)(15)(W), except that if the child files a petition 

18 under section 204(a)(1)(A)(i) to classify the non19 immigrant as an immediate relative before such date, such 

20 period shall terminate on the date that is 30 days after 

21 the date on which such petition is denied. 

22 ‘‘(3) Not more than 1 alien may be admitted to the 

23 United States as a nonimmigrant with regard to each 

24 child described in section 101(a)(15)(W), unless an alien 


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1 previously so admitted with respect to that child has 

2 died.’’. 

Æ 


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