NOVEMBER 15, 2022 
Committees on Veterans’ Affairs and Armed Services discharged; committed 
to the Committee of the Whole House on the State of the Union and or-
dered to be printed 
[For text of introduced bill, see copy of bill as introduced on June 3, 2022] 
A BILL 
To provide benefits for noncitizen members of the Armed 
Forces, 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 ‘‘Veteran Service Recogni-
tion Act of 2022’’. 
SEC. 2. STUDY AND REPORT ON NONCITIZEN VETERANS RE-
MOVED FROM THE UNITED STATES. 
(a) STUDY REQUIRED.—Not later than 1 year after 
the date of the enactment of this Act, the Secretary of De-
fense, the Secretary of Homeland Security, and the Sec-
retary of Veterans Affairs shall jointly carry out a study 
on noncitizen veterans and noncitizen former members of 
the Armed Forces who were removed from the United States 
during the period beginning on January 1, 1990, and end-
ing on the date of the enactment of this Act, which shall 
include the following: 
(1) The number of noncitizens removed by U.S. 
Immigration and Customs Enforcement or the Immi-
gration and Naturalization Service during the period 
covered by the report who served in the Armed Forces 
for an aggregate period of more than 180 days. 
(2) For each noncitizen described in paragraph 
(1)— 
(A) the country of nationality or last habit-
ual residence of the noncitizen; 
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(B) the total length of time the noncitizen 
served as a member of the Armed Forces; 
(C) each ground on which the noncitizen 
was ordered removed under section 237(a) of the 
Immigration and Nationality Act (8 U.S.C. 
1227(a)) or section 212(a) of the Immigration 
and Nationality Act (8 U.S.C. 1182(a)), as ap-
plicable; and 
(D) whether the noncitizen appealed the re-
moval order to the Board of Immigration Ap-
peals. 
(3) Each of the following enumerations: 
(A) The number of noncitizens described in 
paragraph (1) who were discharged or released 
from service under honorable conditions. 
(B) The number of noncitizens described in 
paragraph (1) who were discharged or released 
from service under other than honorable condi-
tions. 
(C) The number of noncitizens described in 
paragraph (1) who were deployed overseas. 
(D) The number of noncitizens described in 
paragraph (1) who served on active duty in the 
Armed Forces in an overseas contingency oper-
ation. 
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(E) The number of noncitizens described in 
paragraph (1) who were awarded decorations or 
medals. 
(F) The number of noncitizens described in 
paragraph (1) who applied for benefits under 
laws administered by the Secretary of Veterans 
Affairs. 
(G) The number of noncitizens described in 
paragraph (1) who receive benefits described in 
subparagraph (F). 
(4) A description of the reasons preventing any 
of the noncitizens who applied for benefits described 
in paragraph (3)(F) from receiving such benefits. 
(b) REPORT.—Not later than 90 days after the date 
of the completion of the study required under subsection (a), 
the Secretary of Defense, the Secretary of Homeland Secu-
rity, and the Secretary of Veterans Affairs shall jointly sub-
mit a report containing the results of such study to the ap-
propriate congressional committees. 
SEC. 3. INFORMATION SYSTEM ON VETERANS SUBJECT TO 
REMOVAL. 
(a) ESTABLISHMENT.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary of Home-
land Security shall create— 
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(1) a protocol for identifying noncitizens who are 
or may be veterans; and 
(2) a system for maintaining information about 
noncitizen veterans identified pursuant to the protocol 
created under paragraph (1) and information pro-
vided by the Under Secretary of Defense for Personnel 
and Readiness under section 4(d). 
(b) INFORMATION SHARING.—The system shall be 
shared across all components of the Department of Home-
land Security, including Enforcement and Removal Oper-
ations, the Office of the Principal Legal Advisor, Homeland 
Security Investigations, and the Military Family Immigra-
tion Advisory Committee. 
(c) CONSIDERATION OF VETERAN STATUS.—The Sec-
retary of Homeland Security shall ensure that, in the case 
of any noncitizen veteran who is potentially removable, and 
in any removal proceeding against such a noncitizen vet-
eran, information available under this system is taken into 
consideration, including for purposes of any adjudication 
on the immigration status of such veteran. 
(d) USE OF SYSTEM REQUIRED.—The Secretary of 
Homeland Security may not initiate removal proceedings 
against an individual prior to using the system established 
under subsection (a) to attempt to determine whether the 
individual is a veteran. If the Secretary of Homeland Secu-
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rity determines that such an individual is or may be a vet-
eran, the Secretary shall notify the Military Family Immi-
gration Advisory Committee concurrently upon initiating 
removal proceedings against such individual. 
(e) TRAINING.—Beginning in the first fiscal year that 
begins after the Secretary of Homeland Security completes 
the requirements under subsection (a), personnel of U.S. 
Immigration and Customs Enforcement shall participate, 
on an annual basis, in a training on the protocol developed 
under this section. 
SEC. 4. MILITARY FAMILY IMMIGRATION ADVISORY COM-
MITTEE. 
(a) ESTABLISHMENT.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary of Home-
land Security shall establish an advisory committee, to be 
known as the ‘‘Military Family Immigration Advisory 
Committee’’, to provide recommendations to the Secretary 
of Homeland Security on the exercise of discretion in any 
case involving removal proceedings for— 
(1) a member of the Armed Forces; 
(2) a veteran; or 
(3) a covered family member. 
(b) MEMBERSHIP.—The Advisory Committee shall be 
composed of 9 members, appointed by the Secretary of 
Homeland Security. 
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(c) CASE REVIEWS.— 
(1) IN GENERAL.—Not later than 30 days after 
the Advisory Committee identifies or is notified about 
the case of an individual described in subsection (a), 
the Advisory Committee shall meet to review the case 
and to provide a written recommendation to the Sec-
retary of Homeland Security on whether— 
(A) an exercise of discretion is warranted, 
including— 
(i) termination of removal proceedings; 
(ii) parole; 
(iii) deferred action; 
(iv) a stay of removal; 
(v) administrative closure; or 
(vi) authorization to apply for any 
other form of relief; or 
(B) to continue seeking the removal of such 
individual. 
(2) SUBMISSION
OF
INFORMATION.—An indi-
vidual who is the subject of a case review under para-
graph (1) may submit information to the Advisory 
Committee, and the Advisory Committee shall con-
sider such information. 
(3) PROCEDURES.—In conducting each case re-
view under paragraph (1), the Advisory Committee 
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shall consider, as factors weighing in favor of a rec-
ommendation under paragraph (1)(A)— 
(A) with respect to a member of the Armed 
Forces, whether the individual— 
(i) was an enlisted member or officer of 
the Armed Forces; 
(ii) received a medal or decoration, 
was deployed, or was otherwise evaluated 
for merit in service during his or her service 
in the Armed Forces; 
(iii) is a national of a country that 
prohibits repatriation of an individual after 
any service in the Armed Forces; or 
(iv) contributed to his or her local com-
munity during his or her service in the 
Armed Forces; 
(B) with respect to a veteran, whether the 
individual— 
(i) was an enlisted member or officer of 
the Armed Forces; 
(ii) completed a period of service in the 
Armed Forces and was discharged under 
conditions other than dishonorable; 
(iii) received a medal or decoration, 
was deployed, or was otherwise evaluated 
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for merit in service during his or her service 
in the Armed Forces; 
(iv) is a national of a country that 
prohibits repatriation of an individual after 
any service in the Armed Forces of another 
country; or 
(v) contributed to his or her local com-
munity during or after his or her service in 
the Armed Forces; and 
(C) with respect to a covered family mem-
ber, whether the individual— 
(i) supported a member of the Armed 
Forces serving on active duty or a veteran, 
including through financial support, emo-
tional support, or caregiving; or 
(ii) contributed to his or her local com-
munity during or after the military service 
of the member or of the veteran. 
(4) PRECLUDING FACTOR.—In conducting each 
case review under paragraph (1), the Advisory Com-
mittee shall consider, as a factor requiring a rec-
ommendation under paragraph (1)(B), whether the 
member of the Armed Forces, veteran, or covered fam-
ily member has been convicted of 5 offenses for driv-
ing while intoxicated (including a conviction under 
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the influence of or impaired by alcohol or drugs), un-
less the conviction is older than 25 years. 
(d) BRIEFINGS
ON
NONCITIZEN
VETERANS.—The 
Under Secretary of Defense for Personnel and Readiness 
shall provide detailed briefings to the Advisory Committee 
regarding the service of a noncitizen veteran when that in-
dividual’s case is being considered by the Advisory Com-
mittee. 
(e) BRIEFINGS ON ACTIONS IN RESPONSE TO REC-
OMMENDATIONS.—Not less frequently than quarterly, the 
Secretary of Homeland Security shall provide detailed 
briefings to the Advisory Committee regarding actions 
taken in response to the recommendations of the Advisory 
Committee, including detailed explanations for any cases 
in which a recommendation of the Advisory Committee was 
not followed. 
(f) TRANSFER OF CASE FILES.—For any individual 
with respect to whom the Advisory Committee is conducting 
a case review under this section, the Secretary of Defense 
and Secretary of Homeland Security shall provide to the 
Advisory Committee a copy of any available record per-
taining to that individual, including such individual’s 
alien file, that is relevant to the case review. 
(g) LIMITATION ON REMOVAL.—Notwithstanding any 
other provision of law, an individual described in sub-
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section (a) may not be ordered removed until the Advisory 
Committee has provided a recommendation with respect to 
that individual to the Secretary of Homeland Security. 
(h) LIMITATION ON ELIGIBILITY FOR CASE REVIEW.— 
An individual who is inadmissible based on a conviction 
of an aggravated felony described in subparagraph (A) of 
section 101(a)(43) of the Immigration and Nationality Act 
(8 U.S.C. 1101(a)(43)) shall be ineligible for a case review 
under this section. 
SEC. 5. PROGRAM OF CITIZENSHIP THROUGH MILITARY 
SERVICE. 
(a) IN GENERAL.— 
(1) PROGRAM ESTABLISHED.—The Secretary of 
Homeland Security, acting through the Director of 
U.S. Citizenship and Immigration Services, and in 
coordination with the Secretary of Defense, shall 
jointly implement a program to ensure that— 
(A) each eligible noncitizen is afforded the 
opportunity to file an application for natu-
ralization at any point on or after the first day 
of service on active duty or first day of service 
as a member of the Selected Reserve pursuant to 
section 329 of the Immigration and Nationality 
Act (8 U.S.C. 1440); and 
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(B) the duly authenticated certification (or 
any other successor form) required under section 
329(b)(3) of the Immigration and Nationality 
Act (8 U.S.C. 1140(b)(3)) is issued to each non-
citizen not later than 30 days after the indi-
vidual makes a request for such certification. 
(2) ELIGIBLE NONCITIZEN.—For purposes of this 
subsection, the term ‘‘eligible noncitizen’’ means a 
noncitizen who serves or has served in the Armed 
Forces of the United States during any period that 
the President by Executive order designates as a pe-
riod during which the Armed Forces of the United 
States are or were engaged in military operations in-
volving armed conflict with a hostile foreign force. 
(b) JAG TRAINING.—The Secretary of Defense shall 
ensure that appropriate members of the Judge Advocate 
General Corps of each Armed Force receive training to func-
tion as liaisons with U.S. Citizenship and Immigration 
Services with respect to applications for citizenship of non-
citizen members of the Armed Forces. 
(c) TRAINING FOR RECRUITERS.—The Secretary of 
Defense shall ensure that all recruiters in the Armed Forces 
receive training regarding— 
(1) the steps required for a noncitizen member of 
the Armed Forces to receive citizenship; 
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(2) limitations on the path to citizenship for 
family members of such individuals; and 
(3) points of contact at the Department of 
Homeland Security to resolve emergency immigra-
tion-related situations with respect to such individ-
uals and their family members. 
(d) ANNUAL REPORTS.—The Secretary of each mili-
tary department shall annually submit to the appropriate 
congressional committees a report on the number of all non-
citizens who enlisted or were appointed in the military de-
partment concerned, all members of the Armed Forces in 
their department who naturalized, and all members of the 
Armed Forces in their department who were discharged or 
released without United States citizenship under the juris-
diction of such Secretary during the preceding year. 
(e) FURTHER FACILITATION NATURALIZATION
FOR 
MILITARY PERSONNEL IN CONTINGENCY OPERATIONS.— 
Any person who has served honorably as a member of the 
Armed Forces of the United States in support of a contin-
gency operation (as defined in section 101(a)(13) of title 
10, United States Code), and who, if separated from the 
Armed Forces, was separated under honorable conditions, 
may be naturalized as provided in section 329 of the Immi-
gration and Nationality Act (8 U.S.C. 1440) as though the 
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person had served during a period designated by the Presi-
dent under such section. 
(f) 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’’; and 
(2) in subsection (d), by striking ‘‘six months’’ 
and inserting ‘‘one year’’. 
SEC. 6. INFORMATION FOR MILITARY RECRUITS REGARD-
ING NATURALIZATION THROUGH SERVICE IN 
THE ARMED FORCES. 
The Secretary of Defense, in coordination with the Sec-
retary of Homeland Security, shall ensure that there is sta-
tioned or employed at each Military Entrance Processing 
Station— 
(1) an employee of U.S. Citizenship and Immi-
gration Services; or 
(2) in the case that the Secretary determines that 
it is impracticable to station or employ a person de-
scribed in paragraph (1) at a Military Entrance 
Processing Station, a member of the Armed Forces or 
an employee of the Department of Defense— 
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(A) whom the Secretary determines is 
trained in the immigration laws; and 
(B) who shall inform each military recruit 
who is not a citizen of the United States proc-
essed at such Military Entrance Processing Sta-
tion regarding naturalization through service in 
the Armed Forces under sections 328 and 329 of 
the Immigration and Nationality Act (8 U.S.C. 
1439–1440). 
SEC. 7. RETURN OF ELIGIBLE VETERANS REMOVED FROM 
THE UNITED STATES; ADJUSTMENT OF STA-
TUS. 
(a) ELIGIBLE VETERANS.—In the case of a noncitizen 
who has been issued a final order of removal, the Secretary 
of Homeland Security, may, notwithstanding such order of 
removal, adjust that noncitizen’s status to that of an alien 
lawfully admitted for permanent residence, or admit such 
noncitizen for lawful permanent residence if the Secretary 
determines that such noncitizen is a veteran and, consistent 
with subsection (b), is not inadmissible. 
(b) WAIVER.— 
(1) AUTHORITY.—In the case of a noncitizen vet-
eran described in subsection (a), the Secretary of 
Homeland Security may waive any applicable 
ground of inadmissibility under section 212(a) of the 
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Immigration and Nationality Act (8 U.S.C. 1182(a)) 
(other than paragraphs (3) and (2)(H) of such section 
212(a), a finding of inadmissibility under paragraph 
(2)(A) based on a conviction of an aggravated felony 
described in subparagraph (A), (I), or (K) of section 
101(a)(43) (8 U.S.C. 1101(a)(43)), or 5 convictions 
for driving while intoxicated (including a conviction 
for driving while under the influence of or imparied 
by alcohol or drugs) unless the conviction is older 
than 25 years, if the Secretary determines that it is 
in the public interest. 
(2) PUBLIC INTEREST CONSIDERATIONS.—In de-
termining whether a waiver described in paragraph 
(1) is in the public interest, the Secretary of Home-
land Security shall consider factors including the 
noncitizen’s service in the Armed Forces, and the 
recency and severity of any offense or conduct that 
forms the basis of a finding of inadmissibility under 
section 212(a) of the Immigration and Nationality 
Act (8 U.S.C. 1182(a)). 
(c) PROCEDURES.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary of Homeland 
Security shall, by rule, establish procedures to carry out 
this section. 
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(d) NO NUMERICAL LIMITATIONS.—Individuals who 
are granted lawful permanent residence under this section 
shall not be subject to the numerical limitations under sec-
tion 201, 202, or 203 of the Immigration and Nationality 
Act (8 U.S.C. 1151, 1152, or 1153). 
(e) CLARIFICATION.—If a noncitizen veteran’s status 
is adjusted under this section to that of an alien lawfully 
admitted for permanent residence, or if such noncitizen is 
lawfully admitted for permanent residence, such adjustment 
or admission shall create a presumption that the noncitizen 
has established good moral character under paragraphs (1) 
through (8) of section 101(f) of the Immigration and Na-
tionality Act (8 U.S.C. 1101(f)). 
(f) LIMITATION ON REMOVAL.— 
(1) IN GENERAL.—A noncitizen who appears to 
be prima facie eligible for lawful permanent resident 
status under this section shall be given a reasonable 
opportunity to apply for such status. Such noncitizen 
shall not be removed from the United States until a 
final administrative decision establishing ineligibility 
for such status is rendered. 
(2) EFFECT
OF
FINAL
ORDER.—A noncitizen 
present in the United States who has been ordered re-
moved or has been permitted to depart voluntarily 
from the United States may, notwithstanding such 
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