Protect Patriot Spouses Act

To render certain military spouses eligible for adjustment of status, and for other purposes. 1. Short title This Act may be cited as the Protect Patriot Spouses Act 2. Adjustment of status for certain military spouses Section 245 of the Immigration and Nationality Act ( 8 U.S.C. 1255 (o) (1) In applying this section to an alien described in paragraph (2)— (A) such alien shall be deemed, for purposes of subsection (a), to have been inspected and admitted into the United States; and (B) in determining the alien’s admissibility as an immigrant— (i) paragraphs (6)(A), (7)(A), and (9)(B) of section 212(a) shall not apply; and (ii) the Secretary of Homeland Security, in the discretion of the Secretary, may waive the application of paragraphs (6)(C), (9)(A), and (9)(C) of section 212(a) if the alien establishes to the satisfaction of the Secretary that the alien does not pose a threat to the public and has not committed any criminal offenses in violation of Federal or State law unrelated to the alien’s status. (2) An alien is described in this paragraph if the alien— (A) is or was the spouse of a United States citizen who— (i) is or was serving on active duty in the United States Armed Forces or in a reserve component of the United States Armed Forces; and (ii) if discharged or released from service in the Armed Forces, was discharged or released under honorable conditions; and (B) is the beneficiary of a petition for classification under section 204(a)(1)(A) as an immediate relative (as defined in section 201(b)) by reason of the marriage to such citizen. . 3. Treatment of certain grounds for inadmissibility for certain military spouses Section 212 of the Immigration and Nationality Act ( 8 U.S.C. 1182 (c) (1) In determining the admissibility as an immigrant of an alien described in paragraph (2)— (A) subsection (a)(9)(B) shall not apply; and (B) the Secretary of Homeland Security, in the discretion of the Secretary, may waive the application of paragraphs (6)(C), (9)(A), and (9)(C) of subsection (a) if the alien establishes to the satisfaction of the Secretary that the alien does not pose a threat to the public and has not committed any criminal offenses in violation of Federal or State law unrelated to the alien’s status. (2) An alien is described in this paragraph if the alien— (A) is or was the spouse of a United States citizen who— (i) is or was serving on active duty in the United States Armed Forces or in a reserve component of the United States Armed Forces; and (ii) if discharged or released from service in the Armed Forces, was discharged or released under honorable conditions; and (B) is the beneficiary of a petition for classification under section 204(a)(1)(A) as an immediate relative (as defined in section 201(b)) by reason of the marriage to such citizen. . 4. Eligibility of removed or voluntarily departed aliens (a) In general The Secretary of Homeland Security and the Secretary of State shall take such steps as may be necessary to ensure that eligible aliens who were removed or permitted to depart voluntarily from the United States before the date of the enactment of this Act may apply from abroad for an immigrant visa pursuant to the amendment made by section 3. (b) Nonimmigrant admission pending adjudication The Secretary of Homeland Security and the Secretary of State shall establish a program under which an eligible alien with a pending application made under subsection (a) may be authorized to enter the United States as a nonimmigrant to reunite with their United States citizen spouse during the period in which such application, and an associated application for adjustment of status, remain pending. In determining whether an alien is eligible to be admitted to the United States as a nonimmigrant under this subsection, the Secretary of Homeland Security and the Secretary of State shall require the alien to establish to the satisfaction of each Secretary that the alien does not pose a threat to the public or to national security. In determining the admissibility as a nonimmigrant of an alien described in this subsection, the Secretary of Homeland Security, in the discretion of the Secretary, may waive the application of paragraphs (6)(C) and (9) of section 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)

Summary: Protect Patriot Spouses Act This bill makes certain military spouses who are non-U.S. nationals (aliens under federal law) eligible for lawful permanent resident status (also known as a green card). To be eligible for a green card under this bill, an individual must be the current or former spouse of a U.S. citizen who serves or served in the Armed Forces, either on active duty or in a reserve component. If the U.S. citizen has been discharged from the Armed Forces, such discharge must be under honorable conditions. Certain factors that would otherwise make an individual inadmissible, such as having entered the United States without being admitted, shall not apply to a spouse seeking a green card under the bill. The Department of Homeland Security (DHS) may also waive certain factors that would otherwise make an individual inadmissible, such as having misrepresented a material fact to secure a visa, if the individual does not pose a threat to the public and has not committed any crimes that are unrelated to immigration status. The bill also requires DHS and the Department of State to allow a qualifying non-U.S. national spouse to (1) apply for an immigrant visa to enter the United States under this bill; and (2) enter and stay in the United States to reunite with their U.S. citizen spouse while the application is pending, if the non-U.S. national spouse does not pose a threat to the public or national security.