‘‘(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 admit-
ted 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 estab-
lishes 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 
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component of the United States Armed Forces; 
and 
‘‘(ii) if discharged or released from service 
in the Armed Forces, was discharged or re-
leased under honorable conditions; and 
‘‘(B) is the beneficiary of a petition for classi-
fication under section 204(a)(1)(A) as an immediate 
relative (as defined in section 201(b)) by reason of 
the marriage to such citizen.’’. 
SEC. 3. TREATMENT OF CERTAIN GROUNDS FOR INADMIS-
SIBILITY FOR CERTAIN MILITARY SPOUSES. 
Section 212 of the Immigration and Nationality Act 
(8 U.S.C. 1182) is amended by inserting after subsection 
(b) the following: 
‘‘(c)(1) In determining the admissibility as an immi-
grant 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 appli-
cation of paragraphs (6)(C), (9)(A), and (9)(C) of 
subsection (a) if the alien establishes to the satisfac-
tion 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. 
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‘‘(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 re-
leased under honorable conditions; and 
‘‘(B) is the beneficiary of a petition for classi-
fication under section 204(a)(1)(A) as an immediate 
relative (as defined in section 201(b)) by reason of 
the marriage to such citizen.’’. 
SEC. 4. ELIGIBILITY OF REMOVED OR VOLUNTARILY DE-
PARTED ALIENS. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity 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. 
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(b) NONIMMIGRANT ADMISSION PENDING ADJUDICA-
TION.—The Secretary of Homeland Security and the Sec-
retary of State shall establish a program under which an 
eligible alien with a pending application made under sub-
section (a) may be authorized to enter the United States 
as a nonimmigrant to reunite with their United States cit-
izen spouse during the period in which such application, 
and an associated application for adjustment of status, re-
main 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 estab-
lish 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 Home-
land Security, in the discretion of the Secretary, may 
waive the application of paragraphs (6)(C) and (9) of sec-
tion 212(a) of the Immigration and Nationality Act (8 
U.S.C. 1182(a)). 
Æ 
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