‘‘(F) Aliens who are eligible for an immi-
grant visa under paragraph (2) of section 
203(a) and are the spouse, child, son, or daugh-
ter of an alien who is serving in the Armed 
Forces of the United States.’’. 
SEC. 4. RELIEF FOR IMMEDIATE FAMILY MEMBERS OF AC-
TIVE DUTY PERSONNEL. 
Section 245 of the Immigration and Nationality Act 
(8 U.S.C. 1255) is amended by adding at the end the fol-
lowing: 
‘‘(n) RELIEF FOR IMMEDIATE FAMILY MEMBERS OF 
ACTIVE DUTY PERSONNEL.— 
‘‘(1) IN GENERAL.—The Secretary of Homeland 
Security may adjust the status of an alien described 
in paragraph (2) to that of an alien lawfully admit-
ted for permanent residence if— 
‘‘(A) the alien makes an application for 
such adjustment, and is physically present in 
the United States on the date the application is 
filed; 
‘‘(B) the alien is eligible to receive an im-
migrant visa and is admissible under section 
212(a) (except that paragraphs (4), (6)(A), 
(7)(A), and (9)(B) of such section shall not 
apply for purposes of this subsection); 
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‘‘(C) an immigrant visa is immediately 
available to the alien at the time the application 
is filed; and 
‘‘(D) the alien pays a fee, as determined by 
the Secretary, for the processing of such appli-
cation. 
‘‘(2) ELIGIBLE ALIENS.— 
‘‘(A) IN GENERAL.—The benefits provided 
in paragraph (1) shall apply only to an alien 
who is a parent, spouse, child, son, daughter, or 
minor sibling of an eligible member of the 
Armed Forces. 
‘‘(B) POSTHUMOUS BENEFITS.—An alien 
described in subparagraph (A) shall continue to 
be eligible for adjustment under this subsection 
for 2 years after the death of an eligible mem-
ber of the Armed Forces whose death was the 
result of injury or disease incurred in or aggra-
vated by his or her service in the Armed Forces 
or, if such death occurred prior to the date of 
enactment of this paragraph, for 2 years after 
such date of enactment. 
‘‘(3) ELIGIBLE
MEMBERS
OF
THE
ARMED 
FORCES.—In this subsection, ‘eligible member of the 
Armed Forces’ means any person who— 
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‘‘(A) has served honorably in an active 
duty status in the Armed Forces of the United 
States; and 
‘‘(B) if separated from the service de-
scribed in subparagraph (A), was separated 
under honorable conditions.’’. 
SEC. 5. MILITARY ENLISTMENT DURING MILITARY OPER-
ATIONS AND NATIONAL EMERGENCIES. 
Section 504(b)(1) of title 10, United States Code, is 
amended by adding at the end the following: 
‘‘(D) An alien who, during any period of 
contingency operations (as defined in section 
101(a)(13) of title 10, United States Code), 
takes 
the 
following 
oath: 
‘I, 
lllllllll, do solemnly swear (or 
affirm), that (i) I am loyal to and will defend 
the United States of America and bear true 
faith and allegiance to the same; (ii) I support 
and will defend the Constitution and the laws 
of the United States against all enemies, for-
eign and domestic; and (iii) I intend to re-
nounce entirely all allegiance to any other na-
tion and promply seek naturalization as pro-
vided under law as soon as I am permitted to 
do so.’ ’’. 
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SEC. 6. FACTORS TO CONSIDER IN INITIATING REMOVAL 
PROCEEDINGS AGAINST ACTIVE DUTY MILI-
TARY PERSONNEL AND VETERANS. 
Section 239 of the Immigration and Nationality Act 
(8 U.S.C. 1229) is amended by adding at the end the fol-
lowing: 
‘‘(f) CONSIDERATIONS FOR ACTIVE DUTY MILITARY 
PERSONNEL AND VETERANS.—(1) A notice to appear 
shall not be issued against an alien who has served honor-
ably at any time in the Armed Forces of the United 
States, and who, if separated from the Armed Forces, sep-
arated under honorable conditions, without prior approval 
from the Secretary of Homeland Security. 
‘‘(2) In determining whether to issue a notice to ap-
pear against such an alien, the Secretary shall consider 
the alien’s eligibility for naturalization under section 328 
or 329, as well as the alien’s record of military service, 
grounds of deportability applicable to the alien, and any 
hardship to the Armed Forces, the alien, and his or her 
family if the alien were to be placed in removal pro-
ceedings. 
‘‘(3) An alien who has served honorably in the Armed 
Forces of the United States, and who, if separated from 
the Armed Forces, separated under honorable conditions, 
shall not be removed from the United States under sub-
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paragraph (A)(i) or (B)(iii) of section 235(b)(1), section 
238, or section 241(a)(5).’’. 
Æ 
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