in the Armed Forces at the time of filing for removal of 
conditional basis’’. 
(b) REQUIREMENTS
OF
TIMELY
PETITION
AND 
INTERVIEW
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’’. 
SEC. 3. 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 
following: 
‘‘(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, with-
out 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 Enforcement. 
‘‘(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-
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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 
subparagraph (A)(i) or (B)(iii) of section 235(b)(1), sec-
tion 238, or section 241(a)(5).’’. 
SEC. 4. 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 condi-
tions, or an alien who is the spouse, child, son, 
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daughter, parent, or minor sibling of a member serv-
ing 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; 
and 
‘‘(B) the Secretary of Homeland Security, 
or the Attorney General, may waive any other 
provision of subsection (a) (other than para-
graph (2)(C) and subparagraphs (A), (B), (C), 
(E), or (F) of paragraph (3)). 
‘‘(2) WAIVER
FACTORS.—In making a deter-
mination under paragraph (1)(B), 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 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. 
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‘‘(E) The existence of close family ties 
within 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 com-
munity, volunteer, or other activities.’’. 
(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 
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from such service, separated under honorable condi-
tions, or an alien who is the spouse, child, son, 
daughter, parent, or minor sibling of a member serv-
ing in the Armed Forces of the United States— 
‘‘(A) paragraphs (1)(D), (3)(A), and (5) of 
subsection (a) shall not apply; and 
‘‘(B) the Secretary of Homeland Security, 
or the Attorney General, may waive paragraphs 
(1) (other than subparagraph (D)), (2), (3) 
(other than subparagraph (A)), and (6) of sub-
section (a). 
‘‘(2) WAIVER
FACTORS.—In making a deter-
mination under paragraph (1)(B), 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. 
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‘‘(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 
within 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 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 com-
munity, volunteer, or other activities.’’. 
SEC. 5. 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: 
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‘‘(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. 6. 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 
application is filed; 
(2) is admissible to the United States as an im-
migrant, except as provided in subsection (e); 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 
subsection (a) shall apply only to an alien who is a 
parent, spouse, child, son or daughter, or minor sib-
ling of an eligible member of the Armed Forces, as 
defined in subsection (c). 
(2) POSTHUMOUS
BENEFITS.—An alien de-
scribed in paragraph (1) shall continue to be eligible 
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for adjustment 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 in-
curred 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’’ 
shall include— 
(1) a United States citizen who is serving or 
has served honorably 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 either World War I or during 
a period beginning September 1, 1939, and ending 
December 31, 1946, or during a period beginning 
June 25, 1950, and ending July 1, 1955, or during 
a period beginning February 28, 1961, and ending 
on a date designated 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 Executive order shall des-
ignate as a period in which Armed Forces of the 
United States are or were engaged in military oper-
ations involving armed conflict with a hostile foreign 
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force, and who, if separated from such service, was 
separated under honorable conditions; or 
(2) any person who is eligible for naturalization 
through active duty service in the Armed Forces 
pursuant to section 329 of the Immigration and Na-
tionality Act. 
(d) WAIVER OF CERTAIN GROUNDS OF INADMIS-
SIBILITY.—The provisions of paragraphs (4), (5), (6)(A), 
(7)(A), and (9)(B) of section 212(a) of the Immigration 
and Nationality Act (8 U.S.C. 1182(a)) shall not apply 
to adjustment of status under this section. With respect 
to such an adjustment of status, the Secretary of Home-
land Security may waive any other provision of such sec-
tion 212(a) (other than paragraph (2)(C) and subpara-
graphs (A), (B), (C), (E), or (F) of paragraph (3)) for 
humanitarian purposes, to assure family unity, or when 
it is otherwise in the public interest. 
Æ 
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