IIB 
108TH CONGRESS 
1ST SESSION H. R. 1954
IN THE SENATE OF THE UNITED STATES 
JUNE 5, 2003
Received 
JUNE 10, 2003
Read twice and referred to the Committee on the Judiciary 
AN ACT 
To revise the provisions of the Immigration and Nationality 
Act relating to naturalization through service in the 
Armed Forces, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
HR 1954 RFS 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Armed Forces Natu-
ralization Act of 2003’’. 
SEC. 2. NATURALIZATION THROUGH SERVICE IN ARMED 
FORCES. 
(a) REDUCTION OF PERIOD FOR REQUIRED SERV-
ICE.—
(1) IN GENERAL.—Section 328(a) of the Immi-
gration and Nationality Act (8 U.S.C. 1439(a)) is 
amended by striking ‘‘three years,’’ and inserting 
‘‘one year,’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall apply with respect to applica-
tions for naturalization filed or pending on or after 
the date of the enactment of this Act. 
(b) PROHIBITION ON IMPOSITION OF FEES RELAT-
ING TO NATURALIZATION.—
(1) IN GENERAL.—Title III of the Immigration 
and Nationality Act (8 U.S.C. 1401 et seq.) is 
amended—
(A) in section 328(b)—
(i) in paragraph (3)—
(I) by striking ‘‘honorable. The’’ 
and inserting ‘‘honorable (the’’; and 
(II) by striking ‘‘discharge.’’ and 
inserting ‘‘discharge); and’’; and
HR 1954 RFS 
(ii) by adding at the end the fol-
lowing: 
‘‘(4) notwithstanding any other provision of 
law, no fee shall be charged or collected from the 
person for filing the application, or for the issuance 
of a certificate of naturalization upon being granted 
citizenship, and no clerk of any State court shall 
charge or collect 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.’’; and 
(B) in section 329(b)—
(i) in paragraph (2), by striking 
‘‘and’’ at the end; 
(ii) in paragraph (3), by striking the 
period at the end and inserting ‘‘; and’’; 
and 
(iii) by adding at the end the fol-
lowing: 
‘‘(4) notwithstanding any other provision of 
law, no fee shall be charged or collected from the 
person for filing the application, or for the issuance 
of a certificate of naturalization upon being granted 
citizenship, and no clerk of any State court shall
HR 1954 RFS 
charge or collect 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.’’. 
(2) EFFECTIVE DATE.—The amendments made 
by paragraph (1) shall apply with respect to applica-
tions for naturalization filed, and certificates of nat-
uralization issued, on or after the date of the enact-
ment of this Act. Such amendments shall not be 
construed to require the refund or return of any fee 
collected before such date. 
(c) REVOCATION OF CITIZENSHIP FOR SEPARATION 
FROM MILITARY SERVICE UNDER OTHER THAN HONOR-
ABLE CONDITIONS.—
(1) IN GENERAL.—Title III of the Immigration 
and Nationality Act (8 U.S.C. 1401 et seq.) is 
amended—
(A) by adding at the end of section 328 
the following: 
‘‘(f) Citizenship granted pursuant to this section may 
be revoked in accordance with section 340 if the person 
is separated from the Armed Forces under other than hon-
orable conditions before the person has served honorably 
for a period or periods aggregating five years. Such
HR 1954 RFS 
ground for revocation shall be in addition to any other 
provided by law, including the grounds described in section 
340. The fact that the naturalized person was separated 
from the service under other than honorable conditions 
shall be proved by a duly authenticated certification from 
the executive department under which the person was 
serving at the time of separation. Any period or periods 
of service shall be proved by duly authenticated copies of 
the records of the executive departments having custody 
of the records of such service.’’; and 
(B) by amending section 329(c) to read as 
follows: 
‘‘(c) Citizenship granted pursuant to this section may 
be revoked in accordance with section 340 if the person 
is separated from the Armed Forces under other than hon-
orable conditions before the person has served honorably 
for a period or periods aggregating five years. Such 
ground for revocation shall be in addition to any other 
provided by law, including the grounds described in section 
340. The fact that the naturalized person was separated 
from the service under other than honorable conditions 
shall be proved by a duly authenticated certification from 
the executive department under which the person was 
serving at the time of separation. Any period or periods 
of service shall be proved by duly authenticated copies of
HR 1954 RFS 
the records of the executive departments having custody 
of the records of such service.’’. 
(2) EFFECTIVE DATE.—The amendments made 
by paragraph (1) shall apply to citizenship granted 
on or after the date of the enactment of this Act. 
(d) NATURALIZATION PROCEEDINGS OVERSEAS FOR 
MEMBERS
OF ARMED FORCES.—Notwithstanding any 
other provision of law, the Secretary of Homeland Secu-
rity, the Secretary of State, and the Secretary of Defense 
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, to the maximum extent practicable, 
through United States embassies, consulates, and United 
States military installations overseas. 
(e) TECHNICAL AMENDMENT.—
(1) IN GENERAL.—Section 328(b)(3) of the Im-
migration and Nationality Act (8 U.S.C. 1439(b)(3)) 
is amended by striking ‘‘Attorney General,’’ and in-
serting ‘‘Secretary of Homeland Security,’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall take effect as if enacted on 
March 1, 2003.
HR 1954 RFS 
SEC. 3. POSTHUMOUS CITIZENSHIP THROUGH DEATH 
WHILE ON ACTIVE-DUTY SERVICE IN ARMED 
FORCES. 
(a) PROHIBITION ON IMPOSITION OF FEES; BENE-
FITS FOR SURVIVORS.—
(1) IN GENERAL.—Section 329A of the Immi-
gration and Nationality Act (8 U.S.C. 1440–1) is 
amended by striking subsection (e) and inserting the 
following: 
‘‘(e) PROHIBITION ON IMPOSITION OF FEES.—Not-
withstanding any other provision of law, no fee shall be 
charged or collected from a person for filing a request for 
the granting of posthumous citizenship under subsection 
(c), or for the issuance of a document under subsection 
(d). 
‘‘(f) BENEFITS FOR SURVIVORS.—
‘‘(1) 
APPLICABILITY.—Notwithstanding 
any 
other provision of this subsection, this subsection 
shall apply only to the surviving spouses, children, 
and parents of persons dying on or after September 
11, 2001. 
‘‘(2) SPOUSES.—Notwithstanding the second 
sentence of section 201(b)(2)(A)(i), a person who is 
the surviving spouse of a person granted post-
humous citizenship under this section, and who was 
living in marital union with the citizen spouse at the
HR 1954 RFS 
time of death, shall be considered, for purposes of 
section 201(b), to remain an immediate relative after 
the date of the citizen’s death, but only until the 
date on which the surviving spouse remarries. 
‘‘(3) CHILDREN.—Notwithstanding the second 
sentence of section 201(b)(2)(A)(i), a person who is 
the surviving child of a person granted posthumous 
citizenship under this section, and who is an unmar-
ried person under 21 years of age on the date of 
such grant, shall be considered, for purposes of sec-
tion 201(b), to remain an immediate relative after 
the date of the citizen’s death (regardless of changes 
in age or marital status after the date of such 
grant). 
‘‘(4) PARENTS.—Notwithstanding the first sen-
tence of section 201(b)(2)(A)(i), a person who is the 
surviving parent of a person granted posthumous 
citizenship under this section, and who is lawfully 
authorized to be present in the United States on the 
date of the citizen’s death (disregarding any depar-
ture for a temporary visit abroad), shall be consid-
ered, for purposes of section 201(b), to remain an 
immediate relative after such date, and the require-
ment that the citizen be at least 21 years of age 
shall not apply.
HR 1954 RFS 
‘‘(5) SELF-PETITIONS.—
‘‘(A) IN GENERAL.—In the case of a sur-
viving spouse, child, or parent who remains an 
immediate relative after the date of a citizen’s 
death pursuant to paragraph (2), (3), or (4), 
any petition under section 204 otherwise re-
quired to be filed by the citizen to classify the 
spouse, 
child, 
or 
parent 
under 
section 
201(b)(2)(A)(i) may be filed instead by the 
spouse, child, or parent. A surviving spouse’s 
petition may include derivative children in the 
same manner as is permitted under section 
204(a)(1)(A)(ii). 
‘‘(B) MINOR CHILDREN.—In the case of a 
child under 18 years of age on the filing date, 
any nonderivative petition described in subpara-
graph (A) shall be filed on behalf of the child 
by a parent or legal guardian of the child. 
‘‘(6) DEADLINE.—Paragraphs (1) through (5) 
shall apply only if the petition under paragraph (5) 
is filed not later than 2 years after the date on 
which the request under subsection (c) is granted. 
‘‘(7) CONVERSION OF PETITIONS.—In the case 
of a petition under section 204 initially filed for an 
alien’s classification as a family-sponsored immi-
HR 1954 RFS 
grant under section 203(a)(2)(A), based on the 
alien’s petitioning spouse or parent being lawfully 
admitted for permanent residence, upon the grant of 
posthumous citizenship under this section to the pe-
titioner, the Secretary of Homeland Security, unless 
the alien otherwise has attained the status of an 
alien lawfully admitted for permanent residence—
‘‘(A) shall convert such petition to a peti-
tion filed under paragraph (5) to classify the 
alien as an immediate relative under subsection 
(b)(2)(A)(i); and 
‘‘(B) shall ensure that the filing date of 
the original petition is maintained. 
‘‘(8) WAIVER OF PUBLIC CHARGE GROUND FOR 
INADMISSIBILITY.—In determining the admissibility 
of any alien accorded an immigration benefit under 
this subsection, the grounds for inadmissibility speci-
fied in section 212(a)(4) shall not apply. 
‘‘(9) NO BENEFITS FOR OTHER RELATIVES.—
Nothing in this section shall be construed as pro-
viding for any benefit under this Act for any relative 
of a person granted posthumous citizenship under 
this section who is not treated as a spouse, child, or 
parent under this subsection.’’.
HR 1954 RFS 
documentation 
of 
posthumous 
citizenship 
issued, on or after the date of the enactment of 
this Act. Such section shall not be construed to 
require the refund or return of any fee collected 
before such date. 
(b) NATURALIZATION FOR SURVIVING SPOUSES.—
(1) IN GENERAL.—Section 319(d) of the Immi-
gration and Nationality Act (8 U.S.C. 1430(d)) is 
amended by adding at the end the following: ‘‘For 
purposes of this subsection, the terms ‘United States 
citizen’ and ‘citizen spouse’ include a person granted 
posthumous citizenship under section 329A.’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall apply with respect to persons 
granted posthumous citizenship under section 329A 
of the Immigration and Nationality Act (8 U.S.C. 
1440–1) due to death on or after September 11, 
2001. 
(c) TECHNICAL AMENDMENTS.—
(1) IN GENERAL.—Section 329A of the Immi-
gration and Nationality Act (8 U.S.C. 1440–1) is 
amended by striking ‘‘Attorney General’’ each place 
such term appears and inserting ‘‘Secretary of 
Homeland Security’’.
HR 1954 RFS 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall take effect as if enacted on 
March 1, 2003. 
SEC. 4. IMMIGRATION BENEFITS FOR SURVIVING ALIEN 
SPOUSES, CHILDREN, AND PARENTS OF CITI-
ZENS WHO DIE DURING SERVICE IN ARMED 
FORCES. 
(a) TREATMENT AS IMMEDIATE RELATIVES.—
(1) IN GENERAL.—Section 201(f) of the Immi-
gration and Nationality Act (8 U.S.C. 1151(f)) is 
amended by adding at the end the following: 
‘‘(4) SURVIVING
ALIEN
SPOUSES, CHILDREN, 
AND PARENTS OF CITIZENS WHO DIE DURING SERV-
ICE IN ARMED FORCES.—
‘‘(A) BENEFITS FOR SURVIVORS.—
‘‘(i) 
IN
GENERAL.—The 
benefits 
under this paragraph shall apply only to a 
surviving spouse, child, or parent of a per-
son who, while a citizen of the United 
States, died on or after September 11, 
2001, during a period of honorable service 
in the Armed Forces as a result of injury 
or disease incurred in or aggravated by 
such service.
HR 1954 RFS 
‘‘(ii) DETERMINATIONS.—The execu-
tive department under which the citizen so 
served shall determine whether the citizen 
satisfied the requirements of clause (i). 
‘‘(B) SPOUSES.—Notwithstanding the sec-
ond sentence of subsection (b)(2)(A)(i), a per-
son who is a surviving spouse described in sub-
paragraph (A), and who was living in marital 
union with the citizen described in such sub-
paragraph at the time of death, shall be consid-
ered, for purposes of subsection (b), to remain 
an immediate relative after the date of the citi-
zen’s death, but only until the date on which 
the surviving spouse remarries. 
‘‘(C) 
CHILDREN.—Notwithstanding 
the 
second sentence of subsection (b)(2)(A)(i), a 
person who is a surviving child described in 
subparagraph (A), and who is an unmarried 
person under 21 years of age on the date on 
which a petition described in subparagraph (E) 
to classify the alien as an immediate relative is 
filed, shall be considered, for purposes of sub-
section (b), to remain an immediate relative 
after the date of the citizen’s death (regardless
HR 1954 RFS 
of changes in age or marital status after such 
filing date). 
‘‘(D) PARENTS.—Notwithstanding the first 
sentence of subsection (b)(2)(A)(i), and subject 
to subparagraph (E), a person who is a sur-
viving parent described in subparagraph (A) 
shall be considered, for purposes of subsection 
(b), to remain an immediate relative after such 
date, and the requirement that the citizen be at 
least 21 years of age shall not apply. 
‘‘(E) TREATMENT OF PETITIONS.—
‘‘(i) CONTINUATION OF PETITIONS.—
A petition properly filed on behalf of a 
spouse, child, or parent under section 
204(a)(1)(A)(i) by a citizen described in 
subparagraph (A) prior to the citizen’s 
death shall be valid to classify the spouse, 
child, or parent as an immediate relative 
pursuant to this paragraph. No new peti-
tion shall be required to be filed, and any 
filing date assigned prior to the death shall 
be maintained. 
‘‘(ii) SELF-PETITIONS.—
‘‘(I) SPOUSES.—In the case of a 
surviving spouse who remains an im-
HR 1954 RFS 
mediate relative after the date of a 
citizen’s death pursuant to subpara-
graph (B), the spouse may file a peti-
tion under section 204(a)(1)(A)(ii) for 
classification of the spouse (and the 
spouse’s children) under subsection 
(b)(2)(A)(i). The spouse shall be 
treated as an alien spouse described in 
the second sentence of subsection 
(b)(2)(A)(i) for such purpose. 
‘‘(II) CHILDREN.—In the case of 
a surviving child who remains an im-
mediate relative after the date of a 
citizen’s death pursuant to subpara-
graph (C), any petition under section 
204 otherwise required to be filed by 
the citizen to classify the child under 
subsection (b)(2)(A)(i) may be filed 
instead by the child. In the case of a 
child under 18 years of age on the fil-
ing date, the petition described in this 
subclause shall be filed on behalf of 
the child by a parent or legal guard-
ian of the child.
HR 1954 RFS 
‘‘(III) PARENTS.—In the case of 
a surviving parent who remains an 
immediate relative after the date of a 
citizen’s death pursuant to subpara-
graph (D), any petition under section 
204 otherwise required to be filed by 
the citizen to classify the parent under 
subsection (b)(2)(A)(i) may be filed 
instead by the parent, but only if the 
parent was lawfully authorized to be 
present in the United States on the 
date of the citizen’s death (dis-
regarding any departure for a tem-
porary visit abroad). 
‘‘(iii) DEADLINE.—In the case of peti-
tion under clause (ii), subparagraphs (B), 
(C), and (D) shall apply only if such peti-
tion is filed not later than 2 years after the 
date of the citizen’s death. 
‘‘(F) WAIVER OF PUBLIC CHARGE GROUND 
FOR INADMISSIBILITY.—In determining the ad-
missibility of any alien accorded an immigration 
benefit under this paragraph, the grounds for 
inadmissibility specified in section 212(a)(4) 
shall not apply.’’.
HR 1954 RFS 
(2) CONTINUATION OF PETITIONS.—
(A) 
IN
GENERAL.—The 
Secretary 
of 
Homeland Security shall provide for the rein-
statement of any petition filed by a deceased 
person described in subparagraph (A) of section 
201(f)(4) of the Immigration and Nationality 
Act, as added by paragraph (1), if such petition 
is described in subparagraph (E)(i) of such sec-
tion and was revoked or terminated (or other-
wise rendered null), either before or after its 
approval, due to the death of such person, un-
less the beneficiary otherwise has attained the 
status of an alien lawfully admitted for perma-
nent residence. 
(B) EXCEPTION.—A petition otherwise sat-
isfying the requirements of subparagraph (A) 
and filed by a citizen on behalf of a parent shall 
not be reinstated unless the parent was lawfully 
authorized to be present in the United States 
on the date of the citizen’s death (disregarding 
any departure for a temporary visit abroad). 
(3) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall take effect on the date of the 
enactment of this Act. 
(b) TECHNICAL AMENDMENT.—
HR 1954 RFS 
(1) IN GENERAL.—Section 201(f)(1) of the Im-
migration and Nationality Act (8 U.S.C. 201(f)(1)) 
is amended by striking ‘‘Attorney General’’ and in-
serting ‘‘Secretary of Homeland Security’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall take effect as if enacted on 
March 1, 2003.
Passed the House of Representatives June 4, 2003. 
Attest: 
JEFF TRANDAHL, 
Clerk.