I 
108TH CONGRESS 
1ST SESSION H. R. 1850
To provide for automatic naturalization for noncitizen members of the Armed 
Forces ordered to serve in a combat zone, and to extend immigration 
benefits to surviving spouses, children, and parents of persons granted 
posthumous citizenship through death while on active-duty service in 
the Armed Forces. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 29, 2003
Mr. GUTIERREZ introduced the following bill; which was referred to the 
Committee on the Judiciary 
A BILL 
To provide for automatic naturalization for noncitizen mem-
bers of the Armed Forces ordered to serve in a combat 
zone, and to extend immigration benefits to surviving 
spouses, children, and parents of persons granted post-
humous citizenship through death while on active-duty 
service in the Armed Forces.
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 ‘‘Fairness for America’s 
Heroes Act’’.
SEC. 2. NATURALIZATION THROUGH COMBAT ZONE SERV-
ICE IN ARMED FORCES. 
Section 329 of the Immigration and Nationality Act 
(8 U.S.C. 1440) is amended—
(1) by redesignating subsection (c) as sub-
section (d); and 
(2) by inserting after subsection (b) the fol-
lowing: 
‘‘(c)(1) Any person eligible under paragraph (3) who, 
while an alien or a noncitizen national of the United 
States, performs active service as a member below the 
grade of commissioned officer in the Armed Forces of the 
United States in a combat zone (as defined in section 
112(c) of the Internal Revenue Code of 1986 (26 U.S.C. 
112(c))) shall be admitted to citizenship without regard 
to any other provision of this title upon the commence-
ment of such service. 
‘‘(2) The executive department issuing the order for 
the service described in paragraph (1) shall, at the time 
of such issuance, inform the person of the benefits avail-
able under this subsection and of the procedure estab-
lished by such department for satisfying the requirement 
of paragraph (3). 
‘‘(3) In order to be eligible for naturalization under 
this subsection, a person shall inform the executive depart-
ment issuing the order for the service described in para-
graph (1) that the person desires to be admitted to citizen-
ship in accordance with this subsection upon the com-
mencement of such service. 
‘‘(4) The appropriate executive department shall no-
tify the Secretary of Homeland Security when a person 
has been naturalized in accordance with this subsection 
and of the effective date of such naturalization. The Sec-
retary of Homeland Security, not later than 30 days after 
receipt of such notification, shall issue to the person a cer-
tificate of naturalization reflecting such date and any 
other information the Secretary determines to be appro-
priate.’’. 
SEC. 3. IMMIGRATION BENEFITS FOR SURVIVORS OF PER-
SONS GRANTED POSTHUMOUS CITIZENSHIP 
THROUGH DEATH WHILE ON ACTIVE-DUTY 
SERVICE. 
Section 329A(e) of the Immigration and Nationality 
Act (8 U.S.C. 1440–1(e)) is amended to read as follows: 
‘‘(e) BENEFITS FOR SURVIVORS.—
‘‘(1) IN GENERAL.—Subject to this subsection, 
any immigration benefit available under Federal law 
to a spouse, child, or parent of a citizen of the 
United States shall be available to a spouse, child, 
or parent of a person granted posthumous citizen-
ship under this section as if the person’s death had 
not occurred. 
‘‘(2) SPOUSE.—For purposes of this Act, a per-
son shall be considered a spouse of a person granted 
posthumous citizenship under this section if the per-
son was not legally separated from the citizen at the 
time of the citizen’s death. 
‘‘(3) CHILDREN.—For purposes of this Act, a 
person shall be considered a child of a person grant-
ed posthumous citizenship under this section if the 
person would have been considered a child (as de-
fined in section 101(b)(1)) at the time of the citi-
zen’s death. 
‘‘(4) 
PARENTS.—For 
purposes 
of 
section 
201(b)(2)(A)(i), the requirement that the citizen be 
at least 21 years of age shall not apply in the case 
of a parent of a person granted posthumous citizen-
ship under this section. 
‘‘(5) SELF-PETITIONS.—For purposes of peti-
tions and applications for immigration benefits re-
quired to be filed under this Act on behalf of a 
spouse, child, or parent by a citizen of the United 
States, the spouse, child, or parent shall be per-
mitted to self-petition for such benefits as if filed by 
the person granted posthumous citizenship under
this section. Any requirement under this Act for an 
affidavit of support pursuant to such a petition or 
application shall be waived. 
‘‘(6) NO BENEFITS FOR OTHER RELATIVES.—
Nothing in this section or section 319(d) shall be 
construed as providing 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.’’. 
SEC. 4. EFFECTIVE DATE. 
The amendments made by this Act shall take effect 
as if enacted on September 11, 2001.
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