II 

111TH CONGRESS 

1ST SESSION S. 2757 

To authorize the adjustment of status for immediate family members of 

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

during the Afghanistan and Iraq conflicts, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 9, 2009 

Mr. MENENDEZ (for himself, Mr. DURBIN, Mr. FEINGOLD, Mrs. GILLIBRAND, 

Mr. INOUYE, and Ms. LANDRIEU) 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 persons who served honorably in the Armed 

Forces of the United States during the Afghanistan and 

Iraq conflicts, 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 ‘‘Military Families Act’’. 


wwoods2 on DSK1DXX6B1PROD with BILLS
2 

•S 2757 IS

1 SEC. 2. PERMANENT RESIDENT STATUS FOR IMMEDIATE 

2 FAMILY MEMBERS OF ACTIVE DUTY MILI3 TARY SERVICE PERSONNEL. 

4 (a) IN GENERAL.—The Secretary of Homeland Secu5 rity or the Attorney General shall adjust the status of an 

6 alien described in subsection (b) to that of an alien law7 fully admitted for permanent residence if the alien— 

8 (1) applies for such adjustment; 

9 (2) is admissible to the United States as an im10 migrant, except as provided in subsection (d); 

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

12 Secretary for the processing of such application (un13 less such fee is waived by the Secretary); and 

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

15 (b) ALIENS ELIGIBLE FOR ADJUSTMENT OF STA16 TUS.—The benefits provided under subsection (a) shall 

17 only apply to an alien who is— 

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

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

20 of— 

21 (A) a living Armed Forces member de22 scribed in subsection (c); or 

23 (B) a deceased Armed Forces member de24 scribed in subsection (c) if— 

25 (i) the Armed Forces member died as 

26 a result of injury or disease incurred in or 


wwoods2 on DSK1DXX6B1PROD with BILLS
3 

•S 2757 IS

1 aggravated by the Armed Forces member’s 

2 service; and 

3 (ii) the alien applies for such adjust4 ment— 

5 (I) if the death of the Armed 

6 Forces member occurred prior to the 

7 date of the enactment of this Act, not 

8 later than 2 years after the date of 

9 such enactment; or 

10 (II) if the death of the Armed 

11 Forces member occurred after the 

12 date of the enactment of this Act, not 

13 later than 2 years after the death of 

14 the Armed Forces member; or 

15 (2) a son or daughter described in paragraph 

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

17 Nationality Act (8 U.S.C. 1153(a)) who has a Fili18 pino parent who was naturalized pursuant to section 

19 405 of the Immigration Act of 1990 (8 U.S.C. 1440 

20 note). 

21 (c) ARMED FORCES MEMBER DEFINED.—In this sec22 tion, the term ‘‘Armed Forces member’’ means any person 

23 who— 


wwoods2 on DSK1DXX6B1PROD with BILLS
4 

•S 2757 IS

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

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

3 citizen or lawfully admitted for permanent residence; 

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

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

6 Guard or the Selected Reserve of the Ready Reserve, 

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

8 naval forces of the United States; and 

9 (3) if separated from the service described in 

10 paragraph (2), was separated under honorable condi11 tions. 

12 (d) WAIVER OF CERTAIN GROUNDS OF INADMIS13 SIBILITY.— 

14 (1) IN GENERAL.—The provisions of para15 graphs (4), (5), (6)(A), (7)(A), and (9)(B) of section 

16 212(a) of the Immigration and Nationality Act (8 

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

18 status under this Act. 

19 (2) ADDITIONAL WAIVERS.—The Secretary of 

20 Homeland Security or the Attorney General may 

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

22 Act (other than paragraph (2)(C) and subpara23 graphs (A), (B), (C), (E), and (F) of paragraph (3)) 

24 with respect to an adjustment of status under this 

25 Act— 


wwoods2 on DSK1DXX6B1PROD with BILLS
5 

•S 2757 IS

1 (A) for humanitarian purposes; 

2 (B) to assure family unity; or 

3 (C) if such waiver is otherwise in the pub4 lic interest. 

5 (e) RECORD OF ADJUSTMENT.—Upon the approval 

6 of an application for adjustment of status under this Act, 

7 the Secretary of Homeland Security shall create a record 

8 of the alien’s admission as an alien lawfully admitted for 

9 permanent residence. 

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

11 (1) IN GENERAL.—If an alien is lawfully admit12 ted for permanent residence under this Act, the Sec13 retary of State shall not reduce the number of immi14 grant visas authorized to be issued under the Immi15 gration and Nationality Act (8 U.S.C. 1101 et seq.). 

16 (2) EXEMPTION FROM DIRECT NUMERICAL LIM17 ITATIONS.—Section 201(b)(1) of the Immigration 

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

19 amended by adding at the end the following: 

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

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

22 who was naturalized pursuant to section 405 of the 

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

Æ 


wwoods2 on DSK1DXX6B1PROD with BILLS