I 
108TH CONGRESS 
1ST SESSION H. R. 1814
To change the requirements for naturalization through service in the Armed 
Forces of the United States, to extend naturalization benefits to members 
of the Ready Reserve of a reserve component of the Armed Forces, 
to extend posthumous benefits to surviving spouses, children, and par-
ents, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 11, 2003
Ms. SOLIS (for herself, Mr. CANNON, Mr. CONYERS, Mr. DREIER, Mr. FROST, 
and Mr. MCINNIS) introduced the following bill; which was referred to the 
Committee on the Judiciary 
A BILL 
To change the requirements for naturalization through serv-
ice in the Armed Forces of the United States, to extend 
naturalization benefits to members of the Ready Reserve 
of a reserve component of the Armed Forces, to extend 
posthumous benefits to surviving spouses, children, and 
parents, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Naturalization and 
Family Protection for Military Members Act of 2003’’.
SEC. 2. REQUIREMENTS FOR NATURALIZATION THROUGH 
SERVICE IN THE ARMED FORCES OF THE 
UNITED STATES. 
(a) REDUCTION OF PERIOD FOR REQUIRED SERV-
ICE.—Section 328(a) of the Immigration and Nationality 
Act (8 U.S.C. 1439(a)) is amended by striking ‘‘three 
years’’ and inserting ‘‘2 years’’. 
(b) PROHIBITION ON IMPOSITION OF FEES RELAT-
ING TO NATURALIZATION.—Title III of the Immigration 
and Nationality Act (8 U.S.C. 1401 et seq.) is amended—
(1) in section 328(b)—
(A) in paragraph (3)—
(i) by striking ‘‘honorable. The’’ and 
inserting ‘‘honorable (the’’; and 
(ii) by striking ‘‘discharge.’’ and in-
serting ‘‘discharge); and’’; and 
(B) by adding at the end the following: 
‘‘(4) notwithstanding any other provision of 
law, no fee shall be charged or collected from the ap-
plicant for filing a petition for naturalization or for 
the issuance of a certificate of naturalization upon 
citizenship being granted to the applicant, and no 
clerk of any State court shall charge or collect any 
fee for such services unless the laws of the State re-
quire 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.’’; and 
(2) in section 329(b)—
(A) in paragraph (2), by striking ‘‘and’’ at 
the end; 
(B) in paragraph (3), by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(4) notwithstanding any other provision of 
law, no fee shall be charged or collected from the ap-
plicant for filing a petition for naturalization or for 
the issuance of a certificate of naturalization upon 
citizenship being granted to the applicant, and no 
clerk of any State court shall charge or collect any 
fee for such services unless the laws of the State re-
quire 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.’’. 
(c) 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 title III of 
the Immigration and Nationality Act (8 U.S.C. 1401 et
seq.) relating to naturalization of members of the Armed 
Forces are available through United States embassies, 
consulates, and as practicable, United States military in-
stallations overseas. 
(d) TECHNICAL AND CONFORMING AMENDMENT.—
Section 328(b)(3) of the Immigration and Nationality Act 
(8 U.S.C. 1439(b)(3)) is amended by striking ‘‘Attorney 
General’’ and inserting ‘‘Secretary of Homeland Secu-
rity’’. 
SEC. 3. NATURALIZATION BENEFITS FOR MEMBERS OF THE 
SELECTED RESERVE OF THE READY RE-
SERVE. 
Section 329(a) of the Immigration and Nationality 
Act (8 U.S.C. 1440(a)) is amended by inserting ‘‘as a 
member of the Selected Reserve of the Ready Reserve or’’ 
after ‘‘has served honorably’’. 
SEC. 4. 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 in an active 
duty status in the military, air, or naval forces of 
the United States and died as a result of injury or 
disease incurred in or aggravated by that service, 
the alien (and each child of the alien) shall be con-
sidered, 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 peti-
tion under section 204(a)(1)(A)(ii) of such Act with-
in 2 years after such date and only until the date 
the alien remarries. 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 in an active duty sta-
tus in the military, air, or naval forces of the 
United States 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 in an active duty sta-
tus in the military, air, or naval forces of the 
United States 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 in an active duty sta-
tus in the military, air, or naval forces of the 
United States; 
(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 in an active duty sta-
tus in the military, air, or naval forces of the 
United States; 
(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 in an active duty sta-
tus in the military, air, or naval forces of the 
United States; 
(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) BENEFITS TO SURVIVORS; TECHNICAL AMEND-
MENT.—Section 329A of the Immigration and Nationality 
Act (8 U.S.C. 1440–1) is amended—
(1) by striking subsection (e); and 
(2) by striking ‘‘Attorney General’’ each place 
that term appears and inserting ‘‘Secretary of 
Homeland Security’’. 
(h) TECHNICAL AND CONFORMING AMENDMENTS.—
Section 319(d) of the Immigration and Nationality Act (8 
U.S.C. 1430(d)) is amended—
(1) by inserting ‘‘, child, or parent’’ after ‘‘sur-
viving spouse’’; 
(2) by inserting ‘‘, parent, or child’’ after 
‘‘whose citizen spouse’’; and 
(3) by striking ‘‘who was living’’ and inserting 
‘‘who, in the case of a surviving spouse, was living’’. 
SEC. 5. EFFECTIVE DATE. 
This Act and the amendments made by this Act shall 
take effect as if enacted on September 11, 2001.
Æ