II 

110TH CONGRESS 

2D SESSION S. 3453 

To authorize the adjustment of status for immediate family members of 

aliens who served honorably in the Armed Forces of the United States 

during the Afghanistan and Iraq conflicts. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 8, 2008 

Mr. MENENDEZ introduced the following bill; which was read twice and 

referred to the Committee on the Judiciary 

A BILL 

To authorize the adjustment of status for immediate family 

members of aliens who served honorably in the Armed 

Forces of the United States during the Afghanistan and 

Iraq conflicts. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. PERMANENT RESIDENT STATUS FOR IMME4 DIATE FAMILY MEMBERS OF ACTIVE DUTY 

5 MILITARY SERVICE PERSONNEL. 

6 (a) IN GENERAL.—The Secretary of Homeland Secu7 rity or the Attorney General may adjust the status of an 


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1 alien described in subsection (b) to that of an alien law2 fully admitted for permanent residence if the alien— 

3 (1) applies for such adjustment; 

4 (2) is admissible to the United States as an im5 migrant, except as provided in subsection (d); 

6 (3) pays a fee in an amount determined by the 

7 Secretary for the processing of such application (un8 less such fee is waived by the Secretary); and 

9 (4) is physically present in the United States. 

10 (b) ALIENS ELIGIBLE FOR ADJUSTMENT OF STA11 TUS.—The benefits provided under subsection (a) shall 

12 only apply to an alien who is— 

13 (1) a parent, spouse, child, son or daughter 

14 (and their spouse, child, son, or daughter, if any) 

15 of— 

16 (A) a living Armed Forces member de17 scribed in subsection (c); or 

18 (B) a deceased Armed Forces member de19 scribed in subsection (c) if— 

20 (i) the Armed Forces member died as 

21 a result of injury or disease incurred in or 

22 aggravated by his or her service; and 

23 (ii) the alien applies for such adjust24 ment not later than 2 years after the death 

25 of the Armed Forces member; or 


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1 (2) a son or daughter described in paragraph 

2 (1) or (3) of section 203(a) of the Immigration and 

3 Nationality Act (8 U.S.C. 1153(a)) who has a Fili4 pino parent who was naturalized pursuant to section 

5 405 of the Immigration Act of 1990 (8 U.S.C. 1440 

6 note). 

7 (c) ARMED FORCES MEMBER DEFINED.—In this sec8 tion, the term ‘‘Armed Forces member’’ means any person 

9 who— 

10 (1) is, or was at the time of the person’s death 

11 described in subsection (b)(1)(B), a United States 

12 citizen or lawful permanent resident; 

13 (2) is serving, or has served honorably on or 

14 after October 7, 2001, as a member of the National 

15 Guard or the Selected Reserve of the Ready Reserve, 

16 or in an active-duty status in the military, air, or 

17 naval forces of the United States; and 

18 (3) if separated from the service described in 

19 paragraph (2), was separated under honorable condi20 tions. 

21 (d) WAIVER OF CERTAIN GROUNDS OF INADMIS22 SIBILITY.— 

23 (1) IN GENERAL.—The provisions of para24 graphs (4), (5), (6)(A), (7)(A), and (9)(B) of section 

25 212(a) of the Immigration and Nationality Act (8 


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1 U.S.C. 1182(a)) shall not apply to adjustment of 

2 status under this Act. 

3 (2) ADDITIONAL WAIVERS.—The Secretary of 

4 Homeland Security or the Attorney General may 

5 waive any other provision of section 212(a) of such 

6 Act (other than paragraph (2)(C) and subpara7 graphs (A), (B), (C), (E), and (F) of paragraph (3)) 

8 with respect to an adjustment of status under this 

9 Act— 

10 (A) for humanitarian purposes; 

11 (B) to assure family unity; or 

12 (C) if such waiver is otherwise in the pub13 lic interest. 

14 (e) DATE OF APPROVAL.—Upon the approval of an 

15 application for adjustment of status under this Act, the 

16 Secretary of Homeland Security shall create a record of 

17 the alien’s admission as a lawful permanent resident. 

18 (f) NO OFFSET IN NUMBER OF VISAS AVAILABLE.— 

19 (1) IN GENERAL.—If an alien is granted lawful 

20 permanent resident status under this Act, the Sec21 retary of State shall not reduce the number of immi22 grant visas authorized to be issued under the Immi23 gration and Nationality Act (8 U.S.C. 1101 et seq.). 

24 (2) EXEMPTION FROM DIRECT NUMERICAL LIM25 ITATIONS.—Section 201(b)(1) of the Immigration 


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1 and Nationality Act (8 U.S.C. 1151(b)(1)) is 

2 amended by adding at the end the following: 

3 ‘‘(F) Aliens who are described in paragraph (1) 

4 or (3) of section 203(a) and have a Filipino parent 

5 who was naturalized pursuant to section 405 of the 

6 Immigration Act of 1990 (8 U.S.C. 1440 note).’’. 

Æ 


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