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 pro-
vided in section 329 of the Immigration and Nationality 
Act (8 U.S.C. 1440) as though the person had served dur-
ing a period designated by the President under such sec-
tion. 
(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’’; and 
(2) in subsection (d), by striking ‘‘six months’’ 
and inserting ‘‘one year’’. 
SEC. 3. 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) of section 203(a) and are 
the spouse, child, son, or daughter of an alien who 
is serving in the Armed Forces of the United 
States.’’. 
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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: 
‘‘(o) 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); 
‘‘(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. 
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‘‘(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— 
‘‘(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.’’. 
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SEC. 5. 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) IN GENERAL.—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, separated under honorable conditions, with-
out prior approval from the Secretary of Homeland 
Security. 
‘‘(2) FACTORS.—In determining whether to 
issue a notice to appear against such an alien, the 
Secretary shall consider the alien’s eligibility for nat-
uralization under section 328 or 329, as well as the 
alien’s record of military service, grounds of deport-
ability 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 proceedings. 
‘‘(3) PROHIBITION.—An alien who has served 
honorably in the Armed Forces of the United States, 
and who, if separated from the Armed Forces, sepa-
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rated under honorable conditions, shall not be re-
moved from the United States under subparagraph 
(A)(i) or (B)(iii) of section 235(b)(1), section 238, 
or section 241(a)(5).’’. 
Æ 
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