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 Afghani-
stan and Iraq conflicts, 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 ‘‘Military Families Act’’. 
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SEC. 2. PERMANENT RESIDENT STATUS FOR FAMILY MEM-
BERS OF MEMBERS OF THE ARMED FORCES. 
(a) IN GENERAL.—Section 245 of the Immigration 
and Nationality Act (8 U.S.C. 1255) is amended by add-
ing at the end the following: 
‘‘(n) ADJUSTMENT OF STATUS FOR IMMEDIATE FAM-
ILY MEMBERS OF MEMBERS OF THE ARMED FORCES.— 
‘‘(1) IN GENERAL.—The Secretary of Homeland 
Security shall adjust the status of an alien described 
in paragraph (2) to that of an alien lawfully admit-
ted for permanent residence if the alien— 
‘‘(A) applies for such adjustment; 
‘‘(B) is admissible to the United States as 
an immigrant, except as provided in paragraph 
(4); and 
‘‘(C) is physically present in the United 
States. 
‘‘(2) ALIENS ELIGIBLE FOR ADJUSTMENT OF 
STATUS.—An alien described in this paragraph is an 
alien— 
‘‘(A) who is a parent, spouse, child, son, 
daughter, or the legal guardian of a child of— 
‘‘(i) a living Armed Forces member; 
or 
‘‘(ii) a deceased Armed Forces mem-
ber if— 
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‘‘(I) the Armed Forces member 
died as a result of injury or disease 
incurred in, or aggravated by, the 
Armed Forces member’s service; and 
‘‘(II) the alien applies for such 
adjustment— 
‘‘(aa) if the death of the 
Armed Forces member occurred 
prior to the date of the enact-
ment of the Military Families 
Act, not later than 2 years after 
such date of enactment; or 
‘‘(bb) if the death of the 
Armed Forces member occurred 
after the date of the enactment 
of the Military Families Act, not 
later than 2 years after the death 
of the Armed Forces member; or 
‘‘(B) who is the spouse, child, son, or 
daughter of an alien described in subparagraph 
(A). 
‘‘(3) ARMED
FORCES
MEMBER
DEFINED.—In 
this subsection, the term ‘Armed Forces member’ 
means an individual who— 
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‘‘(A) is, or was at the time of the individ-
ual’s death described in paragraph (2)(B)(ii)(I), 
a national of the United States or lawfully ad-
mitted for permanent residence; 
‘‘(B) on or after October 7, 2001, served 
as a member of— 
‘‘(i) the Armed Forces on active duty; 
‘‘(ii) the National Guard; or 
‘‘(iii) the Selected Reserve of the 
Ready Reserve; and 
‘‘(C) if separated from the service de-
scribed in subparagraph (B), was separated 
under honorable conditions. 
‘‘(4) INAPPLICABILITY
OF
CERTAIN
GROUNDS 
OF INADMISSIBILITY.— 
‘‘(A) IN
GENERAL.—The provisions of 
paragraphs (4), (5), (6)(A), (7)(A), and (9)(B) 
of section 212(a) shall not apply to an adjust-
ment of status made pursuant to this sub-
section. 
‘‘(B) WAIVER.—The Secretary of Home-
land Security or the Attorney General, as ap-
propriate, may waive any other provision of sec-
tion 212(a) (other than paragraph (2)(C) and 
subparagraphs (A), (B), (C), (E), and (F) of 
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paragraph (3)) with respect to an adjustment of 
status made pursuant to this subsection— 
‘‘(i) for humanitarian purposes; 
‘‘(ii) to assure family unity; or 
‘‘(iii) if such waiver is otherwise in the 
public interest. 
‘‘(5) FEE
AUTHORITY.—The Secretary of 
Homeland Security or the Secretary of State, as ap-
propriate, may establish a fee pursuant to section 
9701 of title 31, United States Code, for the proc-
essing of an application for an adjustment of status 
made pursuant to this subsection. 
‘‘(6) JURISDICTION.— 
‘‘(A) SECRETARY
OF
HOMELAND
SECU-
RITY.—Except as provided in subparagraph 
(B), the Secretary of Homeland Security shall 
have exclusive jurisdiction to determine eligi-
bility for an adjustment of status made pursu-
ant to this subsection. 
‘‘(B) 
ATTORNEY
GENERAL.—Notwith-
standing paragraph (1) or subparagraph (A), in 
cases in which an alien has been placed into de-
portation, exclusion, or removal proceedings, ei-
ther prior to or after filing an application for 
an adjustment of status pursuant to this sub-
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section, the Attorney General shall have exclu-
sive jurisdiction and shall assume all the powers 
and duties of the Secretary of Homeland Secu-
rity until proceedings are terminated, or if a 
final order of deportation, exclusion, or removal 
is entered.’’. 
(b) EXEMPTION FROM DIRECT NUMERICAL LIMITA-
TIONS.—Section 201(b)(1) of the Immigration and Na-
tionality Act (8 U.S.C. 1151(b)(1)) is amended by adding 
at the end the following: 
‘‘(F) Aliens provided permanent residence sta-
tus under section 245(n).’’. 
SEC. 3. FILIPINO VETERANS FAMILY REUNIFICATION. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘Filipino Veterans Family Reunification Act’’. 
(b) EXCEPTION FROM DIRECT NUMERICAL LIMITA-
TIONS.—Section 201(b)(1) of the Immigration and Na-
tionality Act (8 U.S.C. 1151(b)(1)), as amended by sec-
tion 2(b), is further amended by adding at the end the 
following: 
‘‘(G) Aliens who— 
‘‘(i) are eligible for a visa under paragraph 
(1) or (3) of section 203(a); and 
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‘‘(ii) have a parent (regardless of whether 
the parent is living or dead) who was natural-
ized pursuant to— 
‘‘(I) section 405 of the Immigration 
Act of 1990 (Public Law 101–649; 8 
U.S.C. 1440 note); or 
‘‘(II) title III of the Act of October 
14, 1940 (54 Stat. 1137, chapter 876), as 
added by section 1001 of the Second War 
Powers Act, 1942 (56 Stat. 182, chapter 
199).’’. 
Æ 
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