I 
108TH CONGRESS 
1ST SESSION H. R. 2887
To provide for naturalization through service in a combat zone designated 
in connection with Operation Iraqi Freedom, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 24, 2003
Mr. RANGEL introduced the following bill; which was referred to the 
Committee on the Judiciary 
A BILL 
To provide for naturalization through service in a combat 
zone designated in connection with Operation Iraqi Free-
dom, 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 ‘‘Riayan Tejeda Memo-
rial Act of 2003’’. 
SEC. 2. REQUIREMENTS FOR NATURALIZATION THROUGH 
SERVICE IN COMBAT ZONE DURING OPER-
ATION IRAQI FREEDOM. 
(a) IN GENERAL.—An alien described in subsection 
(b) may be naturalized without regard to the requirements
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