of title III of the Immigration and Nationality Act (8 
U.S.C. 1401 et seq.) if the alien—
(1) files an application for naturalization in ac-
cordance such procedures to carry out this section as 
may be established by regulation by the Secretary of 
Homeland Security; and 
(2) takes the oath required by section 337 of 
such Act (8 U.S.C. 1448) in accordance with such 
procedures. 
(b) ALIENS DESCRIBED.—An alien described in this 
subsection is an alien who—
(1) while an alien or noncitizen national of the 
United States, served honorably for any period of 
time in the Army, Navy, Air Force, Marine Corps 
(including reserve components), or in the Coast 
Guard or Coast Guard Reserve, in a combat zone 
designated in connection with Operation Iraqi Free-
dom; and 
(2) if separated from such service, was never 
separated except under honorable conditions. 
(c) PROHIBITION ON IMPOSITION OF FEES RELAT-
ING TO NATURALIZATION.—Notwithstanding any other 
provision of law, no fee shall be charged or collected from 
an applicant under this section for filing an application 
for naturalization or for the issuance of a certificate of
naturalization upon citizenship being granted to the appli-
cant, and no clerk of any State court shall charge or col-
lect any fee for such services unless the laws of the State 
require such charge to be made, in which case nothing 
more than the portion of the fee required to be paid to 
the State shall be charged or collected. 
(d) NATURALIZATION PROCEEDINGS OVERSEAS FOR 
MEMBERS
OF
THE ARMED FORCES.—Notwithstanding 
any other provision of law, the Secretary of Homeland Se-
curity, the Secretary of State, and the Secretary of De-
fense shall ensure that any applications, interviews, filings, 
oaths, ceremonies, or other proceedings under this section 
are available through United States embassies, consulates, 
and as practicable, United States military installations 
overseas. 
SEC. 3. EXTENSION OF POSTHUMOUS BENEFITS TO SUR-
VIVING SPOUSES, CHILDREN, AND PARENTS. 
(a) TREATMENT AS IMMEDIATE RELATIVES.—
(1) SPOUSES.—Notwithstanding the second 
sentence of section 201(b)(2)(A)(i) of the Immigra-
tion 
and 
Nationality 
Act 
(8 
U.S.C. 
1151(b)(2)(A)(i)), in the case of an alien who was 
the spouse of a citizen of the United States at the 
time of the citizen’s death and was not legally sepa-
rated from the citizen at the time of the citizen’s
death, if the citizen served honorably for any period 
of time in the Army, Navy, Air Force, Marine Corps 
(including reserve components), or in the Coast 
Guard or Coast Guard Reserve, in a combat zone 
designated in connection with Operation Iraqi Free-
dom and died as a result of injury or disease in-
curred in or aggravated by that service, the alien 
(and each child of the alien) shall be considered, for 
purposes of section 201(b) of such Act, to remain an 
immediate relative after the date of the citizen’s 
death, but only if the alien files a petition under sec-
tion 204(a)(1)(A)(ii) of such Act within 2 years 
after such date and only until the date the alien re-
marries. 
For 
purposes 
of 
such 
section 
204(a)(1)(A)(ii), an alien granted relief under the 
preceding sentence shall be considered an alien 
spouse described in the second sentence of section 
201(b)(2)(A)(i) of such Act. 
(2) CHILDREN.—
(A) IN GENERAL.—In the case of an alien 
who was the child of a citizen of the United 
States at the time of the citizen’s death, if the 
citizen served honorably for any period of time 
in the Army, Navy, Air Force, Marine Corps 
(including reserve components), or in the Coast
Guard or Coast Guard Reserve, in a combat 
zone designated in connection with Operation 
Iraqi Freedom and died as a result of injury or 
disease incurred in or aggravated by that serv-
ice, the alien shall be considered, for purposes 
of section 201(b) of the Immigration and Na-
tionality Act (8 U.S.C. 1151(b)), to remain an 
immediate relative after the date of the citizen’s 
death (regardless of changes in age or marital 
status thereafter), but only if the alien files a 
petition under subparagraph (B) within 2 years 
after such date. 
(B) PETITIONS.—An alien described in 
subparagraph (A) may file a petition with the 
Secretary of Homeland Security for classifica-
tion of the alien under section 201(b)(2)(A)(i) 
of the Immigration and Nationality Act (8 
U.S.C. 1151(b)(2)(A)(i)). For purposes of such 
Act, such a petition shall be considered a peti-
tion filed under section 204(a)(1)(A) of such 
Act (8 U.S.C. 1154(a)(1)(A)). 
(3) PARENTS.—
(A) IN GENERAL.—In the case of an alien 
who was the parent of a citizen of the United 
States at the time of the citizen’s death, if the
citizen served honorably for any period of time 
in the Army, Navy, Air Force, Marine Corps 
(including reserve components), or in the Coast 
Guard or Coast Guard Reserve, in a combat 
zone designated in connection with Operation 
Iraqi Freedom and died as a result of injury or 
disease incurred in or aggravated by that serv-
ice, the alien shall be considered, for purposes 
of section 201(b) of the Immigration and Na-
tionality Act (8 U.S.C. 1151(b)), to remain an 
immediate relative after the date of the citizen’s 
death (regardless of changes in age or marital 
status thereafter), but only if the alien files a 
petition under subparagraph (B) within 2 years 
after such date. 
(B) PETITIONS.—An alien described in 
subparagraph (A) may file a petition with the 
Secretary of Homeland Security for classifica-
tion of the alien under section 201(b)(2)(A)(i) 
of the Immigration and Nationality Act (8 
U.S.C. 1151(b)(2)(A)(i)). For purposes of such 
Act, such a petition shall be considered a peti-
tion filed under section 204(a)(1)(A) of such 
Act (8 U.S.C. 1154(a)(1)(A)).
(C) EXCEPTION.—Notwithstanding section 
201(b)(2)(A)(i) of the Immigration and Nation-
ality Act (8 U.S.C. 1151(b)(2)(A)(i)), for pur-
poses of this paragraph, a citizen described in 
subparagraph (A) does not have to be 21 years 
of age for a parent to benefit under this para-
graph. 
(b) APPLICATIONS FOR ADJUSTMENT OF STATUS BY 
SURVIVING SPOUSES, CHILDREN, AND PARENTS.—
(1) IN GENERAL.—Notwithstanding subsections 
(a) and (c) of section 245 of the Immigration and 
Nationality Act (8 U.S.C. 1255), any alien who was 
the spouse, child, or parent of an alien described in 
paragraph (2), and who applied for adjustment of 
status prior to the death described in paragraph 
(2)(B), may have such application adjudicated as if 
such death had not occurred. 
(2) ALIEN DESCRIBED.—An alien is described 
in this paragraph if the alien—
(A) served honorably for any period of 
time in the Army, Navy, Air Force, Marine 
Corps (including reserve components), or in the 
Coast Guard or Coast Guard Reserve, in a com-
bat zone designated in connection with Oper-
ation Iraqi Freedom;
(B) died as a result of injury or disease in-
curred in or aggravated by that service; and 
(C) was granted posthumous citizenship 
under section 329A of the Immigration and Na-
tionality Act (8 U.S.C. 1440–1). 
(c) SPOUSES AND CHILDREN OF LAWFUL PERMA-
NENT RESIDENT ALIENS.—
(1) TREATMENT AS IMMEDIATE RELATIVES.—
(A) IN GENERAL.—A spouse or child of an 
alien described in paragraph (3) who is included 
in a petition for classification as a family-spon-
sored immigrant under section 203(a)(2) of the 
Immigration and Nationality Act (8 U.S.C. 
1153(a)(2)) that was filed by such alien, shall 
be considered (if the spouse or child has not 
been admitted or approved for lawful perma-
nent residence by such date) a valid petitioner 
for immediate relative status under section 
201(b)(2)(A)(i) of the Immigration and Nation-
ality Act (8 U.S.C. 1151(b)(2)(A)(i)). Such 
spouse or child shall be eligible for deferred ac-
tion, advance parole, and work authorization. 
(B) PETITIONS.—An alien spouse or child 
described in subparagraph (A) may file a peti-
tion with the Secretary of Homeland Security
for classification of the alien under section 
201(b)(2)(A)(i) of the Immigration and Nation-
ality Act (8 U.S.C. 1151(b)(2)(A)(i)). For pur-
poses of such Act, such a petition shall be con-
sidered 
a 
petition 
filed 
under 
section 
204(a)(1)(A) 
of 
such 
Act 
(8 
U.S.C. 
1154(a)(1)(A)). 
(2) SELF-PETITIONS.—Any spouse or child of 
an alien described in paragraph (3) who is not a 
beneficiary of a petition for classification as a fam-
ily-sponsored immigrant may file a petition for such 
classification under section 201(b)(2)(A)(i) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1151(b)(2)(A)(i)) with the Secretary of Homeland 
Security, but only if the spouse or child files a peti-
tion within 2 years after such date. Such spouse or 
child shall be eligible for deferred action, advance 
parole, and work authorization. 
(3) ALIEN DESCRIBED.—An alien is described 
in this paragraph if the alien—
(A) served honorably for any period of 
time in the Army, Navy, Air Force, Marine 
Corps (including reserve components), or in the 
Coast Guard or Coast Guard Reserve, in a com-
bat zone designated in connection with Oper-
ation Iraqi Freedom; 
(B) died as a result of injury or disease in-
curred in or aggravated by that service; and 
(C) was granted posthumous citizenship 
under section 329A of the Immigration and Na-
tionality Act (8 U.S.C. 1440–1). 
(d) PARENTS OF LAWFUL PERMANENT RESIDENT 
ALIENS.—
(1) SELF-PETITIONS.—Any parent of an alien 
described in paragraph (2) may file a petition for 
classification under section 201(b)(2)(A)(i) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1151(b)(2)(A)(i)), but only if the parent files a peti-
tion within 2 years after such date. For purposes of 
such Act, such petition shall be considered a petition 
filed under section 204(a)(1)(A) of such Act (8 
U.S.C. 1154(a)(1)(A)). Such parent shall be eligible 
for deferred action, advance parole, and work au-
thorization. 
(2) ALIEN DESCRIBED.—An alien is described 
in this paragraph if the alien—
(A) served honorably for any period of 
time in the Army, Navy, Air Force, Marine 
Corps (including reserve components), or in the
Coast Guard or Coast Guard Reserve, in a com-
bat zone designated in connection with Oper-
ation Iraqi Freedom; 
(B) died as a result of injury or disease in-
curred in or aggravated by that service; and 
(C) was granted posthumous citizenship 
under section 329A of the Immigration and Na-
tionality Act (8 U.S.C. 1440–1). 
(e) ADJUSTMENT
OF
STATUS.—Notwithstanding 
subsections (a) and (c) of section 245 of the Immigration 
and Nationality Act (8 U.S.C. 1255), an alien physically 
present in the United States who is the beneficiary of a 
petition under paragraph (1), (2)(B), or (3)(B) of sub-
section (a), paragraph (1)(B) or (2) of subsection (c), or 
subsection (d)(1) of this section, may apply to the Sec-
retary of Homeland Security for adjustment of status to 
that of an alien lawfully admitted for permanent residence. 
(f) WAIVER
OF CERTAIN GROUNDS
OF INADMIS-
SIBILITY.—In determining the admissibility of any alien 
accorded an immigration benefit under this section, the 
grounds for inadmissibility specified in paragraphs (4), 
(6), (7), and (9) of section 212(a) of the Immigration and 
Nationality Act (8 U.S.C. 1182(a)) shall not apply. 
(g) INAPPLICABILITY OF PROHIBITION ON BENEFITS 
TO SURVIVORS.—Section 329A(e) of the Immigration and
Nationality Act (8 U.S.C. 1440–1) shall not apply to the 
benefits granted under this Act to relatives of a person 
granted posthumous citizenship by reason of service in the 
Army, Navy, Air Force, Marine Corps (including reserve 
components), or in the Coast Guard or Coast Guard Re-
serve, in a combat zone designated in connection with Op-
eration Iraqi Freedom. 
(h) NATURALIZATION OF SURVIVORS.—Any person 
who is the surviving spouse, child, or parent of a United 
States citizen, whose citizen spouse, parent, or child dies 
during a period of honorable service in the Army, Navy, 
Air Force, Marine Corps (including reserve components), 
or in the Coast Guard or Coast Guard Reserve, in a com-
bat zone designated in connection with Operation Iraqi 
Freedom, and who, in the case of a surviving spouse, was 
living in marital union with the citizen spouse at the time 
of death, may be naturalized upon compliance with all the 
requirements of title III of the Immigration and Nation-
ality Act (8 U.S.C. 1401 et seq.) except that no prior resi-
dence or specified physical presence within the United 
States, or within a State or a district of the Service in 
the United States shall be required. 
SEC. 4. PRIORITY FOR NATURALIZATION APPLICATIONS. 
In processing applications for naturalization, the Sec-
retary of Homeland Security shall give priority to—
(1) applications filed under section 2 of this 
Act; and 
(2) applications filed under title III of the Im-
migration and Nationality Act (8 U.S.C. 1401 et 
seq.) for naturalization of a parent, spouse, or child 
of a person who has served honorably in the Army, 
Navy, Air Force, Marine Corps (including reserve 
components), or in the Coast Guard or Coast Guard 
Reserve, in a combat zone designated in connection 
with Operation Iraqi Freedom.
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