I 

112TH CONGRESS 

1ST SESSION H. R. 2638 

To authorize the adjustment of status for immediate family members of 

individuals who served honorably in the Armed Forces of the United 

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

IN THE HOUSE OF REPRESENTATIVES 

JULY 25, 2011 

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

Committee on the Judiciary 

A BILL 

To authorize the adjustment of status for immediate family 

members of individuals 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’’. 


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1 SEC. 2. PERMANENT RESIDENT STATUS FOR FAMILY MEM2 BERS OF MEMBERS OF THE ARMED FORCES. 

3 (a) IN GENERAL.—Section 245 of the Immigration 

4 and Nationality Act (8 U.S.C. 1255) is amended by add5 ing at the end the following: 

6 ‘‘(n) ADJUSTMENT OF STATUS FOR IMMEDIATE FAM7 ILY MEMBERS OF MEMBERS OF THE ARMED FORCES.— 

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

9 Security shall adjust the status of an alien described 

10 in paragraph (2) to that of an alien lawfully admit11 ted for permanent residence if the alien— 

12 ‘‘(A) applies for such adjustment; 

13 ‘‘(B) is admissible to the United States as 

14 an immigrant, except as provided in paragraph 

15 (4); and 

16 ‘‘(C) is physically present in the United 

17 States. 

18 ‘‘(2) ALIENS ELIGIBLE FOR ADJUSTMENT OF

19 STATUS.—An alien described in this paragraph is an 

20 alien— 

21 ‘‘(A) who is a parent, spouse, child, son, 

22 daughter, or the legal guardian of a child of— 

23 ‘‘(i) a living Armed Forces member; 

24 or 

25 ‘‘(ii) a deceased Armed Forces mem26 ber if— 


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1 ‘‘(I) the Armed Forces member 

2 died as a result of injury or disease 

3 incurred in, or aggravated by, the 

4 Armed Forces member’s service; and 

5 ‘‘(II) the alien applies for such 

6 adjustment— 

7 ‘‘(aa) if the death of the 

8 Armed Forces member occurred 

9 prior to the date of the enact10 ment of the Military Families 

11 Act, not later than 2 years after 

12 such date of enactment; or 

13 ‘‘(bb) if the death of the 

14 Armed Forces member occurred 

15 after the date of the enactment 

16 of the Military Families Act, not 

17 later than 2 years after the death 

18 of the Armed Forces member; or 

19 ‘‘(B) who is the spouse, child, son, or 

20 daughter of an alien described in subparagraph 

21 (A). 

22 ‘‘(3) ARMED FORCES MEMBER DEFINED.—In 

23 this subsection, the term ‘Armed Forces member’ 

24 means an individual who— 


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1 ‘‘(A) is, or was at the time of the individ2 ual’s death described in paragraph (2)(B)(ii)(I), 

3 a national of the United States or lawfully ad4 mitted for permanent residence; 

5 ‘‘(B) on or after October 7, 2001, served 

6 as a member of— 

7 ‘‘(i) the Armed Forces on active duty; 

8 ‘‘(ii) the National Guard; or 

9 ‘‘(iii) the Selected Reserve of the 

10 Ready Reserve; and 

11 ‘‘(C) if separated from the service de12 scribed in subparagraph (B), was separated 

13 under honorable conditions. 

14 ‘‘(4) INAPPLICABILITY OF CERTAIN GROUNDS

15 OF INADMISSIBILITY.— 

16 ‘‘(A) IN GENERAL.—The provisions of 

17 paragraphs (4), (5), (6)(A), (7)(A), and (9)(B) 

18 of section 212(a) shall not apply to an adjust19 ment of status made pursuant to this sub20 section. 

21 ‘‘(B) WAIVER.—The Secretary of Home22 land Security or the Attorney General, as ap23 propriate, may waive any other provision of sec24 tion 212(a) (other than paragraph (2)(C) and 

25 subparagraphs (A), (B), (C), (E), and (F) of 


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1 paragraph (3)) with respect to an adjustment of 

2 status made pursuant to this subsection— 

3 ‘‘(i) for humanitarian purposes; 

4 ‘‘(ii) to assure family unity; or 

5 ‘‘(iii) if such waiver is otherwise in the 

6 public interest. 

7 ‘‘(5) FEE AUTHORITY.—The Secretary of 

8 Homeland Security or the Secretary of State, as ap9 propriate, may establish a fee pursuant to section 

10 9701 of title 31, United States Code, for the proc11 essing of an application for an adjustment of status 

12 made pursuant to this subsection. 

13 ‘‘(6) JURISDICTION.— 

14 ‘‘(A) SECRETARY OF HOMELAND SECU15 RITY.—Except as provided in subparagraph 

16 (B), the Secretary of Homeland Security shall 

17 have exclusive jurisdiction to determine eligi18 bility for an adjustment of status made pursu19 ant to this subsection. 

20 ‘‘(B) ATTORNEY GENERAL.—Notwith21 standing paragraph (1) or subparagraph (A), in 

22 cases in which an alien has been placed into de23 portation, exclusion, or removal proceedings, ei24 ther prior to or after filing an application for 

25 an adjustment of status pursuant to this subVerDate Mar 15 2010 01:59 Jul 26, 2011 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2638.IH H2638

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1 section, the Attorney General shall have exclu2 sive jurisdiction and shall assume all the powers 

3 and duties of the Secretary of Homeland Secu4 rity until proceedings are terminated, or if a 

5 final order of deportation, exclusion, or removal 

6 is entered.’’. 

7 (b) EXEMPTION FROM DIRECT NUMERICAL LIMITA8 TIONS.—Section 201(b)(1) of the Immigration and Na9 tionality Act (8 U.S.C. 1151(b)(1)) is amended by adding 

10 at the end the following: 

11 ‘‘(F) Aliens provided permanent residence sta12 tus under section 245(n).’’. 

13 SEC. 3. FILIPINO VETERANS FAMILY REUNIFICATION. 

14 (a) SHORT TITLE.—This section may be cited as the 

15 ‘‘Filipino Veterans Family Reunification Act’’. 

16 (b) EXCEPTION FROM DIRECT NUMERICAL LIMITA17 TIONS.—Section 201(b)(1) of the Immigration and Na18 tionality Act (8 U.S.C. 1151(b)(1)), as amended by sec19 tion 2(b), is further amended by adding at the end the 

20 following: 

21 ‘‘(G) Aliens who— 

22 ‘‘(i) are eligible for a visa under paragraph 

23 (1) or (3) of section 203(a); and 


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1 ‘‘(ii) have a parent (regardless of whether 

2 the parent is living or dead) who was natural3 ized pursuant to— 

4 ‘‘(I) section 405 of the Immigration 

5 Act of 1990 (Public Law 101–649; 8 

6 U.S.C. 1440 note); or 

7 ‘‘(II) title III of the Act of October 

8 14, 1940 (54 Stat. 1137, chapter 876), as 

9 added by section 1001 of the Second War 

10 Powers Act, 1942 (56 Stat. 182, chapter 

11 199).’’. 

Æ 


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