IB 
Union Calendar No. 587 
110TH CONGRESS 
2D SESSION 
H. R. 6020 
[Report No. 110–912] 
To amend the Immigration and Nationality Act to protect the well-being 
of soldiers and their families, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 8, 2008 
Ms. ZOE LOFGREN of California (for herself, Mr. THORNBERRY, Mr. CON-
YERS, Mr. PENCE, Ms. LORETTA SANCHEZ of California, Mr. TURNER, 
and Mr. REYES) introduced the following bill; which was referred to the 
Committee on the Judiciary 
OCTOBER 3, 2008 
Additional sponsors: Mr. CUELLAR, Mr. ABERCROMBIE, Mr. HONDA, Mr. FIL-
NER, Ms. SOLIS, Ms. JACKSON-LEE of Texas, Ms. ROYBAL-ALLARD, Ms. 
HARMAN, Mr. GRIJALVA, Mrs. NAPOLITANO, Ms. LINDA T. SA´NCHEZ of 
California, Mr. PASTOR, and Mr. BACA 
OCTOBER 3, 2008 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on May 8, 2008] 
A BILL 
To amend the Immigration and Nationality Act to protect 
the well-being of soldiers and their families, and for 
other purposes. 
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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 ‘‘Lance Corporal Jose 
Gutierrez Act of 2008’’. 
SEC. 2. FACILITATING NATURALIZATION FOR MILITARY 
PERSONNEL. 
(a) IN GENERAL.—Any person who served honorably 
as a member of the Armed Forces in support of contingency 
operations (as defined in section 101(a)(13) of title 10, 
United States Code) shall be eligible for naturalization pur-
suant to section 329 of the Immigration and Nationality 
Act (8 U.S.C. 1440) as if the person had served during a 
period designated by the President under such section 329. 
(b) NATURALIZATION THROUGH SERVICE
IN
THE 
ARMED FORCES OF THE UNITED STATES.—Section 328 of 
the Immigration and Nationality Act (8 U.S.C. 1439) is 
amended— 
(1) in subsection (a), by striking ‘‘six months’’ 
and inserting ‘‘one year’’; 
(2) by striking subsection (c); 
(3) in subsection (d), by striking ‘‘six months’’ 
and inserting ‘‘one year’’; and 
(4) by redesignating subsections (d), (e), and (f) 
as subsections (c), (d), and (e), respectively. 
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SEC. 3. FACILITATING REMOVAL OF CONDITIONAL STATUS 
FOR MILITARY PERSONNEL AND THEIR FAMI-
LIES. 
(a) PERIOD FOR FILING PETITION.—Section 216(d)(2) 
of the Immigration and Nationality Act (8 U.S.C. 
1186a(d)(2)) is amended— 
(1) in subparagraph (A), by striking ‘‘subpara-
graph (B),’’ and inserting ‘‘subparagraphs (B) and 
(D),’’; and 
(2) by adding at the end the following: 
‘‘(D) FILING OF PETITIONS DURING MILI-
TARY SERVICE.—In the case of an alien who is 
serving as a member of the Selected Reserve of 
the Ready Reserve or in an active-duty status in 
the military, air, or naval forces of the United 
States during the 90-day period described in 
subparagraph (A), the alien may file the petition 
under subsection (c)(1)(A) during the 6-month 
period beginning on the date on which the alien 
is discharged from such service.’’. 
(b) REQUIREMENTS OF TIMELY PETITION AND INTER-
VIEW FOR REMOVAL OF CONDITION.—Section 216(c)(1)(B) 
of the Immigration and Nationality Act (8 U.S.C. 
1186a(a)(1)) is amended by inserting ‘‘or serving in the 
Armed Forces at the time of the interview’’ after ‘‘deceased’’. 
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SEC. 4. FACTORS TO CONSIDER IN INITIATING REMOVAL 
PROCEEDINGS AGAINST ACTIVE DUTY MILI-
TARY PERSONNEL OR VETERANS. 
Section 239 of the Immigration and Nationality Act 
(8 U.S.C. 1229a) is amended by adding at the end the fol-
lowing: 
‘‘(f)(1) A notice to appear shall not be issued against 
an alien who served honorably at any time in the Armed 
Forces of the United States, and who, if separated from such 
service, separated under honorable conditions, without prior 
approval from the Director of the United States Citizenship 
and Immigration Services or the Assistant Secretary of 
Homeland Security for U.S. Immigration and Customs En-
forcement. 
‘‘(2) In determining whether to issue a notice to ap-
pear against such an alien, the Director or the Assistant 
Secretary shall consider the alien’s eligibility for natu-
ralization under section 328 or 329, as well as the alien’s 
record of military service, grounds of deportability applica-
ble to the alien, and any hardship to the Armed Services, 
the alien, and his or her family if the alien were to be placed 
in removal proceedings. 
‘‘(3) An alien who served honorably at any time in 
the Armed Forces of the United States, and who, if sepa-
rated from such service, separated under honorable condi-
tions, shall not be removed from the United States under 
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subparagraph (A)(i) or (B)(iii) of section 235(b)(1), section 
238, or section 241(a)(5).’’. 
SEC. 5. DISCRETIONARY RELIEF FOR ACTIVE DUTY MILI-
TARY PERSONNEL, VETERANS, AND FAMILY 
MEMBERS IN REMOVAL PROCEEDINGS. 
(a) GROUNDS OF INADMISSIBILITY.—Section 212 of 
the Immigration and Nationality Act (8 U.S.C. 1182) is 
amended by inserting after subsection (b) the following: 
‘‘(c) MILITARY SERVICE PERSONNEL
AND FAMILY 
MEMBERS.— 
‘‘(1) IN GENERAL.—With respect to an alien who 
served honorably at any time in the Armed Forces of 
the United States, and who, if separated from such 
service, separated under honorable conditions, or an 
alien who is the spouse, child, son, daughter, parent, 
or minor sibling of a member serving in the Armed 
Forces of the United States— 
‘‘(A) paragraphs (4), (5), (6)(A), (7)(A), 
and (9)(B) of subsection (a) shall not apply; 
‘‘(B) the Secretary of Homeland Security, 
or the Attorney General, shall not waive— 
‘‘(i) subsection (a)(2)(B), if the alien 
actually was incarcerated for 5 years or 
more for the offenses described in such sub-
section; 
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‘‘(ii) subparagraph (C), (D), (G), or 
(H) of subsection (a)(2); 
‘‘(iii) subparagraph (A), (B), (C), (E), 
or (F) of subsection (a)(3); 
‘‘(iv) subsection (a)(6)(E); 
‘‘(v) subparagraph (A) or (C) of sub-
section (a)(10); or 
‘‘(vi) subsection (a)(10)(D), if the alien 
has received a conviction, award, com-
promise, settlement, or injunction for an of-
fense described in clause (i) of such sub-
section, and if the court finds that the alien 
did not reasonably believe at the time such 
violation that the alien was a citizen; and 
‘‘(C) the Secretary of Homeland Security, 
or the Attorney General, may waive any other 
provision of subsection (a). 
‘‘(2) WAIVER
FACTORS.—In making a deter-
mination under paragraph (1)(C), the following fac-
tors may be considered: 
‘‘(A) The grounds of inadmissibility appli-
cable to the alien. 
‘‘(B) The alien’s service in the United 
States military, or the degree to which the alien’s 
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removal would affect a close family member who 
is serving or has served in the Armed Forces. 
‘‘(C) The length of time the alien has lived 
in the United States. 
‘‘(D) The degree to which the alien would be 
impacted by his or her removal from the United 
States. 
‘‘(E) The existence of close family ties with-
in the United States. 
‘‘(F) The degree to which the alien’s re-
moval would adversely affect the alien’s United 
States citizen, or lawful permanent resident, 
parents, spouses, children, sons, daughters, or 
siblings. 
‘‘(G) The alien’s history of employment in 
the United States, including whether the alien 
has been self-employed or has owned a business. 
‘‘(H) The degree to which the alien’s re-
moval would adversely affect the alien’s United 
States employer or business. 
‘‘(I) The degree to which the alien has ties 
to the alien’s community in the United States or 
has contributed to the Nation through commu-
nity, volunteer, or other activities.’’. 
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(b) GROUNDS OF DEPORTABILITY.—Section 237 of the 
Immigration and Nationality Act (8 U.S.C. 1227) is 
amended by adding at the end the following: 
‘‘(d) MILITARY SERVICE PERSONNEL
AND FAMILY 
MEMBERS.— 
‘‘(1) IN GENERAL.—With respect to an alien who 
served honorably at any time in the Armed Forces of 
the United States, and who, if separated from such 
service, separated under honorable conditions, or an 
alien who is the spouse, child, son, daughter, parent, 
or minor sibling of a member serving in the Armed 
Forces of the United States— 
‘‘(A) paragraphs (1)(D), (3)(A), and (5) of 
subsection (a) shall not apply; 
‘‘(B) the Secretary of Homeland Security, 
or the Attorney General, shall not waive— 
‘‘(i) subsection (a)(1)(E); 
‘‘(ii) subsection (a)(2)(A)(ii), if the 
alien actually was incarcerated for 5 years 
or more for the offenses described in such 
subsection; 
‘‘(iii) subsection (a)(2)(A)(iii), if the 
aggravated felony involved was an offense 
described in subparagraph (A), (B), (C), 
(D), (E)(i), (H), (I), (K)(i), (K)(ii), 
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‘‘(2) WAIVER
FACTORS.—In making a deter-
mination under paragraph (1)(C), the following fac-
tors may be considered: 
‘‘(A) The grounds of deportability applica-
ble to the alien. 
‘‘(B) The alien’s service in the United 
States military, or the degree to which the alien’s 
removal would affect a close family member who 
is serving or has served in the Armed Forces. 
‘‘(C) The length of time the alien has lived 
in the United States. 
‘‘(D) The degree to which the alien would be 
impacted by his or her removal from the United 
States. 
‘‘(E) The existence of close family ties with-
in the United States. 
‘‘(F) The degree to which the alien’s re-
moval would adversely affect the alien’s United 
States citizen, or lawful permanent resident, 
parents, spouses, children, sons, daughters, or 
siblings. 
‘‘(G) The alien’s history of employment in 
the United States, including whether the alien 
has been self-employed or has owned a business. 
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‘‘(H) The degree to which the alien’s re-
moval would adversely affect the aliens United 
States employer or business. 
‘‘(I) The degree to which the alien has ties 
to the alien’s community in the United States or 
has contributed to the Nation through commu-
nity, volunteer, or other activities.’’. 
SEC. 6. TIMELY REUNIFICATION OF MILITARY PERSONNEL 
AND THEIR NUCLEAR FAMILIES. 
Section 201(b)(1) of the Immigration and Nationality 
Act (8 U.S.C. 1151(b)(1)) is amended by adding at the end 
the following: 
‘‘(F) Aliens who are eligible for an immigrant 
visa under paragraph (2)(A) of section 203(a) and 
are either the spouse or child of an alien who is serv-
ing in the Armed Forces of the United States.’’. 
SEC. 7. RELIEF FOR IMMEDIATE FAMILY MEMBERS OF AC-
TIVE DUTY PERSONNEL. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity shall adjust the status of an alien described in sub-
section (b) to that of an alien lawfully admitted for perma-
nent residence if the alien— 
(1) applies for such adjustment, and is phys-
ically present in the United States on the date the ap-
plication is filed; 
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(2) is admissible to the United States as an im-
migrant, except as provided in subsection (d); and 
(3) pays a fee, as determined by the Secretary, 
for the processing of such application. 
(b) ELIGIBLE ALIENS.— 
(1) IN GENERAL.—The benefits provided in sub-
section (a) shall apply only to an alien who is a par-
ent, spouse, child, son or daughter, or minor sibling 
of an eligible member of the Armed Forces, as defined 
in subsection (c). 
(2) POSTHUMOUS BENEFITS.—An alien described 
in paragraph (1) shall continue to be eligible for ad-
justment under this section for 2 years after the death 
of an eligible member of the Armed Forces whose 
death was the result of injury or disease incurred in 
or aggravated by his or her service in the Armed 
Forces. 
(c) ELIGIBLE MEMBERS OF THE ARMED FORCES.— 
In this section, ‘‘eligible member of the Armed Forces’’ 
means any person who— 
(1) is serving or has served honorably as a mem-
ber of the Selected Reserve of the Ready Reserve or in 
an active-duty status in the military, air, or naval 
forces of the United States during a period beginning 
February 28, 1961, and ending on a date designated 
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by the President by Executive order as of the date of 
termination of the Vietnam hostilities, or thereafter 
during any other period which the President by Exec-
utive order shall designate as a period in which 
Armed Forces of the United States are or were en-
gaged in military operations involving armed conflict 
with a hostile foreign force; and 
(2) if separated from the service described in 
paragraph (1), was separated under honorable condi-
tions. 
(d) WAIVER
OF CERTAIN GROUNDS
OF INADMIS-
SIBILITY.—For the purpose of adjustment of status under 
this section: 
(1) Paragraphs (4), (5), (6)(A), (7)(A), and 
(9)(B) of section 212(a) of the Immigration and Na-
tionality Act (8 U.S.C. 1182(a)) shall not apply. 
(2) The Secretary of Homeland Security, or the 
Attorney General, shall not waive the following provi-
sions of section 212 of the Immigration and Nation-
ality Act (8 U.S.C. 1182): 
(A) Subsection (a)(2)(B), if the alien actu-
ally was incarcerated for 5 years or more for the 
offenses described in such subsection. 
(B) Subparagraph (C), (D), (G), or (H) of 
subsection (a)(2). 
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(C) Subparagraph (A), (B), (C), (E), or (F) 
of subsection (a)(3). 
(D) Subsection (a)(6)(E). 
(E) Subparagraph (A) or (C) of subsection 
(a)(10). 
(F) Subsection (a)(10)(D), if the alien has 
received a conviction, award, compromise, settle-
ment, or injunction for an offense described in 
clause (i) of such subsection, and if the court 
finds that the alien did not reasonably believe at 
the time such violation that the alien was a cit-
izen. 
(3) The Secretary of Homeland Security, or the 
Attorney General, may waive any other provision of 
section 212(a) of the Immigration and Nationality 
Act (8 U.S.C. 1182(a)) for humanitarian purposes, to 
assure family unity, or when it is otherwise in the 
public interest. 
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Union Calendar No. 587 
110TH CONGRESS 
2D SESSION 
H. R. 6020 
[Report No. 110–912] 
A BILL 
To amend the Immigration and Nationality Act to 
protect the well-being of soldiers and their fami-
lies, and for other purposes. 
OCTOBER 3, 2008 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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