II 
Calendar No. 142
108TH CONGRESS 
1ST SESSION 
H.R. 1954 
IN THE SENATE OF THE UNITED STATES 
JUNE 5, 2003
Received 
JUNE 10, 2003
Read twice and referred to the Committee on the Judiciary 
JUNE 16, 2003
Reported by Mr. HATCH, with an amendment 
[Strike out all after the enacting clause and insert the part printed in italic] 
AN ACT 
To revise the provisions of the Immigration and Nationality 
Act relating to naturalization through service in the 
Armed Forces, and for other purposes.
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 ‘‘Armed Forces Natu-
ralization Act of 2003’’.
SEC. 2. NATURALIZATION THROUGH SERVICE IN ARMED 
FORCES. 
(a) REDUCTION OF PERIOD FOR REQUIRED SERV-
ICE.—
(1) IN GENERAL.—Section 328(a) of the Immi-
gration and Nationality Act (8 U.S.C. 1439(a)) is 
amended by striking ‘‘three years,’’ and inserting 
‘‘one year,’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall apply with respect to applica-
tions for naturalization filed or pending on or after 
the date of the enactment of this Act. 
(b) PROHIBITION ON IMPOSITION OF FEES RELAT-
ING TO NATURALIZATION.—
(1) IN GENERAL.—Title III of the Immigration 
and Nationality Act (8 U.S.C. 1401 et seq.) is 
amended—
(A) in section 328(b)—
(i) in paragraph (3)—
(I) by striking ‘‘honorable. The’’ 
and inserting ‘‘honorable (the’’; and 
(II) by striking ‘‘discharge.’’ and 
inserting ‘‘discharge); and’’; and 
(ii) by adding at the end the fol-
lowing:
‘‘(4) notwithstanding any other provision of 
law, no fee shall be charged or collected from the 
person for filing the application, or for the issuance 
of a certificate of naturalization upon being granted 
citizenship, and no clerk of any State court shall 
charge or collect any fee for such services unless the 
laws of the State require such charge to be made, 
in which case nothing more than the portion of the 
fee required to be paid to the State shall be charged 
or collected.’’; and 
(B) in section 329(b)—
(i)
in
paragraph
(2),
by
striking 
‘‘and’’ at the end; 
(ii) in paragraph (3), by striking the 
period at the end and inserting ‘‘; and’’; 
and 
(iii) by adding at the end the fol-
lowing: 
‘‘(4) notwithstanding any other provision of 
law, no fee shall be charged or collected from the 
person for filing the application, or for the issuance 
of a certificate of naturalization upon being granted 
citizenship, and no clerk of any State court shall 
charge or collect any fee for such services unless the 
laws of the State require such charge to be made,
in which case nothing more than the portion of the 
fee required to be paid to the State shall be charged 
or collected.’’. 
(2) EFFECTIVE DATE.—The amendments made 
by paragraph (1) shall apply with respect to applica-
tions for naturalization filed, and certificates of nat-
uralization issued, on or after the date of the enact-
ment of this Act. Such amendments shall not be 
construed to require the refund or return of any fee 
collected before such date. 
(c) REVOCATION OF CITIZENSHIP FOR SEPARATION 
FROM MILITARY SERVICE UNDER OTHER THAN HONOR-
ABLE CONDITIONS.—
(1) IN GENERAL.—Title III of the Immigration 
and Nationality Act (8 U.S.C. 1401 et seq.) is 
amended—
(A) by adding at the end of section 328 
the following: 
‘‘(f) Citizenship granted pursuant to this section may 
be revoked in accordance with section 340 if the person 
is separated from the Armed Forces under other than hon-
orable conditions before the person has served honorably 
for a period or periods aggregating five years. Such 
ground for revocation shall be in addition to any other 
provided by law, including the grounds described in section
340. The fact that the naturalized person was separated 
from the service under other than honorable conditions 
shall be proved by a duly authenticated certification from 
the executive department under which the person was 
serving at the time of separation. Any period or periods 
of service shall be proved by duly authenticated copies of 
the records of the executive departments having custody 
of the records of such service.’’; and 
(B) by amending section 329(c) to read as 
follows: 
‘‘(c) Citizenship granted pursuant to this section may 
be revoked in accordance with section 340 if the person 
is separated from the Armed Forces under other than hon-
orable conditions before the person has served honorably 
for a period or periods aggregating five years. Such 
ground for revocation shall be in addition to any other 
provided by law, including the grounds described in section 
340. The fact that the naturalized person was separated 
from the service under other than honorable conditions 
shall be proved by a duly authenticated certification from 
the executive department under which the person was 
serving at the time of separation. Any period or periods 
of service shall be proved by duly authenticated copies of 
the records of the executive departments having custody 
of the records of such service.’’.
(2) EFFECTIVE DATE.—The amendments made 
by paragraph (1) shall apply to citizenship granted 
on or after the date of the enactment of this Act. 
(d) NATURALIZATION PROCEEDINGS OVERSEAS FOR 
MEMBERS
OF ARMED FORCES.—Notwithstanding any 
other provision of law, the Secretary of Homeland Secu-
rity, the Secretary of State, and the Secretary of Defense 
shall ensure that any applications, interviews, filings, 
oaths, ceremonies, or other proceedings under title III of 
the Immigration and Nationality Act (8 U.S.C. 1401 et 
seq.) relating to naturalization of members of the Armed 
Forces are available, to the maximum extent practicable, 
through United States embassies, consulates, and United 
States military installations overseas. 
(e) TECHNICAL AMENDMENT.—
(1) IN GENERAL.—Section 328(b)(3) of the Im-
migration and Nationality Act (8 U.S.C. 1439(b)(3)) 
is amended by striking ‘‘Attorney General,’’ and in-
serting ‘‘Secretary of Homeland Security,’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall take effect as if enacted on 
March 1, 2003.
SEC.
3.
POSTHUMOUS
CITIZENSHIP
THROUGH
DEATH 
WHILE ON ACTIVE-DUTY SERVICE IN ARMED 
FORCES. 
(a) PROHIBITION ON IMPOSITION OF FEES; BENE-
FITS FOR SURVIVORS.—
(1) IN GENERAL.—Section 329A of the Immi-
gration and Nationality Act (8 U.S.C. 1440–1) is 
amended by striking subsection (e) and inserting the 
following: 
‘‘(e) PROHIBITION ON IMPOSITION OF FEES.—Not-
withstanding any other provision of law, no fee shall be 
charged or collected from a person for filing a request for 
the granting of posthumous citizenship under subsection 
(c), or for the issuance of a document under subsection 
(d). 
‘‘(f) BENEFITS FOR SURVIVORS.—
‘‘(1)
APPLICABILITY.—Notwithstanding
any 
other provision of this subsection, this subsection 
shall apply only to the surviving spouses, children, 
and parents of persons dying on or after September 
11, 2001. 
‘‘(2)
SPOUSES.—Notwithstanding
the
second 
sentence of section 201(b)(2)(A)(i), a person who is 
the surviving spouse of a person granted post-
humous citizenship under this section, and who was 
living in marital union with the citizen spouse at the
time of death, shall be considered, for purposes of 
section 201(b), to remain an immediate relative after 
the date of the citizen’s death, but only until the 
date on which the surviving spouse remarries. 
‘‘(3) CHILDREN.—Notwithstanding the second 
sentence of section 201(b)(2)(A)(i), a person who is 
the surviving child of a person granted posthumous 
citizenship under this section, and who is an unmar-
ried person under 21 years of age on the date of 
such grant, shall be considered, for purposes of sec-
tion 201(b), to remain an immediate relative after 
the date of the citizen’s death (regardless of changes 
in age or marital status after the date of such 
grant). 
‘‘(4) PARENTS.—Notwithstanding the first sen-
tence of section 201(b)(2)(A)(i), a person who is the 
surviving parent of a person granted posthumous 
citizenship under this section, and who is lawfully 
authorized to be present in the United States on the 
date of the citizen’s death (disregarding any depar-
ture for a temporary visit abroad), shall be consid-
ered, for purposes of section 201(b), to remain an 
immediate relative after such date, and the require-
ment that the citizen be at least 21 years of age 
shall not apply.
‘‘(5) SELF-PETITIONS.—
‘‘(A) IN GENERAL.—In the case of a sur-
viving spouse, child, or parent who remains an 
immediate relative after the date of a citizen’s 
death pursuant to paragraph (2), (3), or (4), 
any petition under section 204 otherwise re-
quired to be filed by the citizen to classify the 
spouse,
child,
or
parent
under
section 
201(b)(2)(A)(i) may be filed instead by the 
spouse, child, or parent. A surviving spouse’s 
petition may include derivative children in the 
same manner as is permitted under section 
204(a)(1)(A)(ii). 
‘‘(B) MINOR CHILDREN.—In the case of a 
child under 18 years of age on the filing date, 
any nonderivative petition described in subpara-
graph (A) shall be filed on behalf of the child 
by a parent or legal guardian of the child. 
‘‘(6) DEADLINE.—Paragraphs (1) through (5) 
shall apply only if the petition under paragraph (5) 
is filed not later than 2 years after the date on 
which the request under subsection (c) is granted. 
‘‘(7) CONVERSION OF PETITIONS.—In the case 
of a petition under section 204 initially filed for an 
alien’s classification as a family-sponsored immi-
grant under section 203(a)(2)(A), based on the 
alien’s petitioning spouse or parent being lawfully 
admitted for permanent residence, upon the grant of 
posthumous citizenship under this section to the pe-
titioner, the Secretary of Homeland Security, unless 
the alien otherwise has attained the status of an 
alien lawfully admitted for permanent residence—
‘‘(A) shall convert such petition to a peti-
tion filed under paragraph (5) to classify the 
alien as an immediate relative under subsection 
(b)(2)(A)(i); and 
‘‘(B) shall ensure that the filing date of 
the original petition is maintained. 
‘‘(8) WAIVER OF PUBLIC CHARGE GROUND FOR 
INADMISSIBILITY.—In determining the admissibility 
of any alien accorded an immigration benefit under 
this subsection, the grounds for inadmissibility speci-
fied in section 212(a)(4) shall not apply. 
‘‘(9) NO BENEFITS FOR OTHER RELATIVES.—
Nothing in this section shall be construed as pro-
viding 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.’’.
(2) CONVERSION OF PETITIONS.—In the case of 
a surviving spouse or child accorded an immigration 
benefit under section 329(f) of the Immigration and 
Nationality Act, as added by paragraph (1), if the 
spouse or child was the beneficiary of a petition de-
scribed in paragraph (7) of such section, unless the 
beneficiary otherwise has attained the status of an 
alien lawfully admitted for permanent residence, the 
Secretary of Homeland Security shall provide for—
(A) the reinstatement of such petition, if it 
was revoked or terminated (or otherwise ren-
dered null), either before or after its approval, 
due to the death of the petitioner; and 
(B) the conversion of such petition in ac-
cordance with such section. 
(3) EFFECTIVE DATES.—
(A) IN GENERAL.—Except as provided in 
subparagraph (B), the amendment made by 
paragraph (1) shall apply with respect to post-
humous citizenship granted before, on, or after 
the date of the enactment of this section. 
(B) FEES.—Section 329A(e) of the Immi-
gration and Nationality Act, as amended by 
paragraph (1), shall apply with respect to re-
quests for posthumous citizenship filed, and
documentation
of
posthumous
citizenship 
issued, on or after the date of the enactment of 
this Act. Such section shall not be construed to 
require the refund or return of any fee collected 
before such date. 
(b) NATURALIZATION FOR SURVIVING SPOUSES.—
(1) IN GENERAL.—Section 319(d) of the Immi-
gration and Nationality Act (8 U.S.C. 1430(d)) is 
amended by adding at the end the following: ‘‘For 
purposes of this subsection, the terms ‘United States 
citizen’ and ‘citizen spouse’ include a person granted 
posthumous citizenship under section 329A.’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall apply with respect to persons 
granted posthumous citizenship under section 329A 
of the Immigration and Nationality Act (8 U.S.C. 
1440–1) due to death on or after September 11, 
2001. 
(c) TECHNICAL AMENDMENTS.—
(1) IN GENERAL.—Section 329A of the Immi-
gration and Nationality Act (8 U.S.C. 1440–1) is 
amended by striking ‘‘Attorney General’’ each place 
such term appears and inserting ‘‘Secretary of 
Homeland Security’’.
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall take effect as if enacted on 
March 1, 2003. 
SEC. 4. IMMIGRATION BENEFITS FOR SURVIVING ALIEN 
SPOUSES, CHILDREN, AND PARENTS OF CITI-
ZENS WHO DIE DURING SERVICE IN ARMED 
FORCES. 
(a) TREATMENT AS IMMEDIATE RELATIVES.—
(1) IN GENERAL.—Section 201(f) of the Immi-
gration and Nationality Act (8 U.S.C. 1151(f)) is 
amended by adding at the end the following: 
‘‘(4) SURVIVING
ALIEN
SPOUSES,
CHILDREN, 
AND PARENTS OF CITIZENS WHO DIE DURING SERV-
ICE IN ARMED FORCES.—
‘‘(A) BENEFITS FOR SURVIVORS.—
‘‘(i)
IN
GENERAL.—The
benefits 
under this paragraph shall apply only to a 
surviving spouse, child, or parent of a per-
son who, while a citizen of the United 
States, died on or after September 11, 
2001, during a period of honorable service 
in the Armed Forces as a result of injury 
or disease incurred in or aggravated by 
such service.
‘‘(ii) DETERMINATIONS.—The execu-
tive department under which the citizen so 
served shall determine whether the citizen 
satisfied the requirements of clause (i). 
‘‘(B) SPOUSES.—Notwithstanding the sec-
ond sentence of subsection (b)(2)(A)(i), a per-
son who is a surviving spouse described in sub-
paragraph (A), and who was living in marital 
union with the citizen described in such sub-
paragraph at the time of death, shall be consid-
ered, for purposes of subsection (b), to remain 
an immediate relative after the date of the citi-
zen’s death, but only until the date on which 
the surviving spouse remarries. 
‘‘(C)
CHILDREN.—Notwithstanding
the 
second sentence of subsection (b)(2)(A)(i), a 
person who is a surviving child described in 
subparagraph (A), and who is an unmarried 
person under 21 years of age on the date on 
which a petition described in subparagraph (E) 
to classify the alien as an immediate relative is 
filed, shall be considered, for purposes of sub-
section (b), to remain an immediate relative 
after the date of the citizen’s death (regardless
of changes in age or marital status after such 
filing date). 
‘‘(D) PARENTS.—Notwithstanding the first 
sentence of subsection (b)(2)(A)(i), and subject 
to subparagraph (E), a person who is a sur-
viving parent described in subparagraph (A) 
shall be considered, for purposes of subsection 
(b), to remain an immediate relative after such 
date, and the requirement that the citizen be at 
least 21 years of age shall not apply. 
‘‘(E) TREATMENT OF PETITIONS.—
‘‘(i) CONTINUATION OF PETITIONS.—
A petition properly filed on behalf of a 
spouse,
child,
or
parent
under
section 
204(a)(1)(A)(i) by a citizen described in 
subparagraph (A) prior to the citizen’s 
death shall be valid to classify the spouse, 
child, or parent as an immediate relative 
pursuant to this paragraph. No new peti-
tion shall be required to be filed, and any 
filing date assigned prior to the death shall 
be maintained. 
‘‘(ii) SELF-PETITIONS.—
‘‘(I) SPOUSES.—In the case of a 
surviving spouse who remains an im-
mediate relative after the date of a 
citizen’s death pursuant to subpara-
graph (B), the spouse may file a peti-
tion under section 204(a)(1)(A)(ii) for 
classification of the spouse (and the 
spouse’s
children)
under
subsection 
(b)(2)(A)(i).
The
spouse
shall
be 
treated as an alien spouse described in 
the
second
sentence
of
subsection 
(b)(2)(A)(i) for such purpose. 
‘‘(II) CHILDREN.—In the case of 
a surviving child who remains an im-
mediate relative after the date of a 
citizen’s death pursuant to subpara-
graph (C), any petition under section 
204 otherwise required to be filed by 
the citizen to classify the child under 
subsection (b)(2)(A)(i) may be filed 
instead by the child. In the case of a 
child under 18 years of age on the fil-
ing date, the petition described in this 
subclause shall be filed on behalf of 
the child by a parent or legal guard-
ian of the child.
‘‘(III) PARENTS.—In the case of 
a surviving parent who remains an 
immediate relative after the date of a 
citizen’s death pursuant to subpara-
graph (D), any petition under section 
204 otherwise required to be filed by 
the citizen to classify the parent under 
subsection (b)(2)(A)(i) may be filed 
instead by the parent, but only if the 
parent was lawfully authorized to be 
present in the United States on the 
date
of
the
citizen’s
death
(dis-
regarding any departure for a tem-
porary visit abroad). 
‘‘(iii) DEADLINE.—In the case of peti-
tion under clause (ii), subparagraphs (B), 
(C), and (D) shall apply only if such peti-
tion is filed not later than 2 years after the 
date of the citizen’s death. 
‘‘(F) WAIVER OF PUBLIC CHARGE GROUND 
FOR INADMISSIBILITY.—In determining the ad-
missibility of any alien accorded an immigration 
benefit under this paragraph, the grounds for 
inadmissibility specified in section 212(a)(4) 
shall not apply.’’.
(2) CONTINUATION OF PETITIONS.—
(A)
IN
GENERAL.—The
Secretary
of 
Homeland Security shall provide for the rein-
statement of any petition filed by a deceased 
person described in subparagraph (A) of section 
201(f)(4) of the Immigration and Nationality 
Act, as added by paragraph (1), if such petition 
is described in subparagraph (E)(i) of such sec-
tion and was revoked or terminated (or other-
wise rendered null), either before or after its 
approval, due to the death of such person, un-
less the beneficiary otherwise has attained the 
status of an alien lawfully admitted for perma-
nent residence. 
(B) EXCEPTION.—A petition otherwise sat-
isfying the requirements of subparagraph (A) 
and filed by a citizen on behalf of a parent shall 
not be reinstated unless the parent was lawfully 
authorized to be present in the United States 
on the date of the citizen’s death (disregarding 
any departure for a temporary visit abroad). 
(3) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall take effect on the date of the 
enactment of this Act. 
(b) TECHNICAL AMENDMENT.—
(1) IN GENERAL.—Section 201(f)(1) of the Im-
migration and Nationality Act (8 U.S.C. 201(f)(1)) 
is amended by striking ‘‘Attorney General’’ and in-
serting ‘‘Secretary of Homeland Security’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall take effect as if enacted on 
March 1, 2003.
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Naturalization and 
Family Protection for Military Members Act of 2003’’. 
SEC. 2. REQUIREMENTS FOR NATURALIZATION THROUGH 
SERVICE IN THE ARMED FORCES OF THE 
UNITED STATES. 
(a) REDUCTION OF PERIOD FOR REQUIRED SERV-
ICE.—Section 328(a) of the Immigration and Nationality 
Act (8 U.S.C. 1439(a)) is amended by striking ‘‘three 
years’’ and inserting ‘‘2 years’’. 
(b) PROHIBITION ON IMPOSITION OF FEES RELATING 
TO NATURALIZATION.—Title III of the Immigration and 
Nationality Act (8 U.S.C. 1401 et seq.) is amended—
(1) in section 328(b)—
(A) in paragraph (3)—
(i) by striking ‘‘honorable. The’’ and 
inserting ‘‘honorable (the’’; and
(ii) by striking ‘‘discharge.’’ and in-
serting ‘‘discharge); and’’; and 
(B) by adding at the end the following: 
‘‘(4) notwithstanding any other provision of law, 
no fee shall be charged or collected from the applicant 
for filing a petition for naturalization or for the 
issuance of a certificate of naturalization upon citi-
zenship being granted to the applicant, and no clerk 
of any State court shall charge or collect any fee for 
such services unless the laws of the State require such 
charge to be made, in which case nothing more than 
the portion of the fee required to be paid to the State 
shall be charged or collected.’’; and 
(2) in section 329(b)—
(A) in paragraph (2), by striking ‘‘and’’ at 
the end; 
(B) in paragraph (3), by striking the period 
at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(4) notwithstanding any other provision of law, 
no fee shall be charged or collected from the applicant 
for filing a petition for naturalization or for the 
issuance of a certificate of naturalization upon citi-
zenship being granted to the applicant, and no clerk 
of any State court shall charge or collect any fee for
such services unless the laws of the State require such 
charge to be made, in which case nothing more than 
the portion of the fee required to be paid to the State 
shall be charged or collected.’’. 
(c) NATURALIZATION PROCEEDINGS OVERSEAS FOR 
MEMBERS OF THE ARMED FORCES.—Notwithstanding any 
other provision of law, the Secretary of Homeland Security, 
the Secretary of State, and the Secretary of Defense shall 
ensure that any applications, interviews, filings, oaths, 
ceremonies, or other proceedings under title III of the Immi-
gration and Nationality Act (8 U.S.C. 1401 et seq.) relating 
to naturalization of members of the Armed Forces are avail-
able through United States embassies, consulates, and as 
practicable, United States military installations overseas. 
(d) FINALIZATION OF NATURALIZATION PROCEEDINGS 
FOR MEMBERS OF THE ARMED FORCES.—Not later than 
90 days after the date of enactment of this Act, the Sec-
retary of Defense shall prescribe a policy that facilitates the 
opportunity for a member of the Armed Forces to finalize 
naturalization for which the member has applied. The pol-
icy shall include, for such purpose, the following: 
(1) A high priority for grant of emergency leave. 
(2) A high priority for transportation on air-
craft of, or chartered by, the Armed Forces.
(e) TECHNICAL AND CONFORMING AMENDMENT.—Sec-
tion 328(b)(3) of the Immigration and Nationality Act (8 
U.S.C. 1439(b)(3)) is amended by striking ‘‘Attorney Gen-
eral’’ and inserting ‘‘Secretary of Homeland Security’’. 
SEC. 3. NATURALIZATION BENEFITS FOR MEMBERS OF THE 
SELECTED RESERVE OF THE READY RE-
SERVE. 
Section 329(a) of the Immigration and Nationality 
Act (8 U.S.C. 1440(a)) is amended by inserting ‘‘as a mem-
ber of the Selected Reserve of the Ready Reserve or’’ after 
‘‘has served honorably’’. 
SEC. 4. EXTENSION OF POSTHUMOUS BENEFITS TO SUR-
VIVING SPOUSES, CHILDREN, AND PARENTS. 
(a) TREATMENT AS IMMEDIATE RELATIVES.—
(1) SPOUSES.—Notwithstanding the second sen-
tence of section 201(b)(2)(A)(i) of the Immigration 
and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)), in 
the case of an alien who was the spouse of a citizen 
of the United States at the time of the citizen’s death 
and was not legally separated from the citizen at the 
time of the citizen’s death, if the citizen served honor-
ably in an active duty status in the military, air, or 
naval forces of the United States and died as a result 
of injury or disease incurred in or aggravated by 
combat, the alien (and each child of the alien) shall
be considered, for purposes of section 201(b) of such 
Act, to remain an immediate relative after the date 
of the citizen’s death, but only if the alien files a peti-
tion under section 204(a)(1)(A)(ii) of such Act within 
2 years after such date and only until the date the 
alien remarries. For purposes of such section 
204(a)(1)(A)(ii), an alien granted relief under the 
preceding sentence shall be considered an alien spouse 
described 
in 
the 
second 
sentence 
of 
section 
201(b)(2)(A)(i) of such Act. 
(2) CHILDREN.—
(A) IN GENERAL.—In the case of an alien 
who was the child of a citizen of the United 
States at the time of the citizen’s death, if the 
citizen served honorably in an active duty status 
in the military, air, or naval forces of the United 
States and died as a result of injury or disease 
incurred in or aggravated by combat, the alien 
shall be considered, for purposes of section 201(b) 
of the Immigration and Nationality Act (8 
U.S.C. 1151(b)), to remain an immediate rel-
ative after the date of the citizen’s death (regard-
less of changes in age or marital status there-
after), but only if the alien files a petition under 
subparagraph (B) within 2 years after such date.
may have such application adjudicated as if such 
death had not occurred. 
(2) ALIEN DESCRIBED.—An alien is described in 
this paragraph if the alien—
(A) served honorably in an active duty sta-
tus in the military, air, or naval forces of the 
United States; 
(B) died as a result of injury or disease in-
curred in or aggravated by combat; and 
(C) was granted posthumous citizenship 
under section 329A of the Immigration and Na-
tionality Act (8 U.S.C. 1440–1). 
(c) SPOUSES AND CHILDREN OF LAWFUL PERMANENT 
RESIDENT ALIENS.—
(1) TREATMENT AS IMMEDIATE RELATIVES.—
(A) IN GENERAL.—A spouse or child of an 
alien described in paragraph (3) who is included 
in a petition for classification as a family-spon-
sored immigrant under section 203(a)(2) of the 
Immigration and Nationality Act (8 U.S.C. 
1153(a)(2)) that was filed by such alien, shall be 
considered (if the spouse or child has not been 
admitted or approved for lawful permanent resi-
dence by such date) a valid petitioner for imme-
diate 
relative 
status 
under 
section
201(b)(2)(A)(i) of the Immigration and Nation-
ality Act (8 U.S.C. 1151(b)(2)(A)(i)). Such 
spouse or child shall be eligible for deferred ac-
tion, advance parole, and work authorization. 
(B) PETITIONS.—An alien spouse or child 
described in subparagraph (A) may file a peti-
tion with the Secretary of Homeland Security 
for classification of the alien under section 
201(b)(2)(A)(i) of the Immigration and Nation-
ality Act (8 U.S.C. 1151(b)(2)(A)(i)). For pur-
poses of such Act, such a petition shall be consid-
ered a petition filed under section 204(a)(1)(A) 
of such Act (8 U.S.C. 1154(a)(1)(A)). 
(2) SELF-PETITIONS.—Any spouse or child of an 
alien described in paragraph (3) who is not a bene-
ficiary of a petition for classification as a family-
sponsored immigrant may file a petition for such 
classification under section 201(b)(2)(A)(i) of the Im-
migration 
and 
Nationality 
Act 
(8 
U.S.C. 
1151(b)(2)(A)(i)) with the Secretary of Homeland Se-
curity, but only if the spouse or child files a petition 
within 2 years after such date. Such spouse or child 
shall be eligible for deferred action, advance parole, 
and work authorization.
(3) ALIEN DESCRIBED.—An alien is described in 
this paragraph if the alien—
(A) served honorably in an active duty sta-
tus in the military, air, or naval forces of the 
United States; 
(B) died as a result of injury or disease in-
curred in or aggravated by combat; and 
(C) was granted posthumous citizenship 
under section 329A of the Immigration and Na-
tionality Act (8 U.S.C. 1440–1). 
(d) PARENTS
OF LAWFUL PERMANENT RESIDENT 
ALIENS.—
(1) SELF-PETITIONS.—Any parent of an alien 
described in paragraph (2) may file a petition for 
classification under section 201(b)(2)(A)(i) of the Im-
migration 
and 
Nationality 
Act 
(8 
U.S.C. 
1151(b)(2)(A)(i)), but only if the parent files a peti-
tion within 2 years after such date. For purposes of 
such Act, such petition shall be considered a petition 
filed under section 204(a)(1)(A) of such Act (8 U.S.C. 
1154(a)(1)(A)). Such parent shall be eligible for de-
ferred action, advance parole, and work authoriza-
tion. 
(2) ALIEN DESCRIBED.—An alien is described in 
this paragraph if the alien—
(A) served honorably in an active duty sta-
tus in the military, air, or naval forces of the 
United States; 
(B) died as a result of injury or disease in-
curred in or aggravated by combat; and 
(C) was granted posthumous citizenship 
under section 329A of the Immigration and Na-
tionality Act (8 U.S.C. 1440–1). 
(e) ADJUSTMENT OF STATUS.—Notwithstanding sub-
sections (a) and (c) of section 245 of the Immigration and 
Nationality Act (8 U.S.C. 1255), an alien physically 
present in the United States who is the beneficiary of a 
petition under paragraph (1), (2)(B), or (3)(B) of sub-
section (a), paragraph (1)(B) or (2) of subsection (c), or 
subsection (d)(1) of this section, may apply to the Secretary 
of Homeland Security for adjustment of status to that of 
an alien lawfully admitted for permanent residence. 
(f) WAIVER
OF CERTAIN GROUNDS
OF INADMIS-
SIBILITY.—In determining the admissibility of any alien 
accorded an immigration benefit under this section, the 
ground for inadmissibility specified in section 212(a)(4) of 
the Immigration and Nationality Act (8 U.S.C. 1182(a)(4)) 
shall not apply, and notwithstanding any other provision 
of law, the Secretary of Homeland Security may waive 
paragraph (6)(A), (7), and (9)(B) of section 212(a) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)) with 
respect to such an alien if the alien establishes exceptional 
and extremely unusual hardship to the alien or the alien’s 
spouse, parent, or child, who is a citizen of the United 
States or an alien lawfully admitted for permanent resi-
dence. Any such waiver by the Secretary of Homeland Secu-
rity shall be in writing and shall be granted only on an 
individual basis following an investigation. 
(g) BENEFITS
TO SURVIVORS; TECHNICAL AMEND-
MENT.—Section 329A of the Immigration and Nationality 
Act (8 U.S.C. 1440–1) is amended—
(1) by striking subsection (e); and 
(2) by striking ‘‘Attorney General’’ each place 
that term appears and inserting ‘‘Secretary of Home-
land Security’’. 
(h) TECHNICAL AND CONFORMING AMENDMENTS.—
Section 319(d) of the Immigration and Nationality Act (8 
U.S.C. 1430(d)) is amended—
(1) by inserting ‘‘, child, or parent’’ after ‘‘sur-
viving spouse’’; 
(2) by inserting ‘‘, parent, or child’’ after ‘‘whose 
citizen spouse’’; and 
(3) by striking ‘‘who was living’’ and inserting 
‘‘who, in the case of a surviving spouse, was living’’.
SEC. 5. EXPEDITED PROCESS FOR GRANTING POSTHUMOUS 
CITIZENSHIP TO MEMBERS OF THE ARMED 
FORCES. 
Section 329A of the Immigration and Nationality Act 
(8 U.S.C. 1440–1) is amended—
(1) by striking subsection (c) and inserting the 
following: 
‘‘(c) REQUESTS FOR POSTHUMOUS CITIZENSHIP.—
‘‘(1) IN GENERAL.—A request for the granting of 
posthumous citizenship to a person described in sub-
section (b) may be filed on behalf of that person—
‘‘(A) upon locating the next-of-kin, and if so 
requested by the next-of-kin, by the Secretary of 
Defense or the Secretary’s designee with the Bu-
reau of Citizenship and Immigration Services in 
the Department of Homeland Security imme-
diately upon the death of that person; or 
‘‘(B) by the next-of-kin. 
‘‘(2) APPROVAL.—The Director of the Bureau of 
Citizenship and Immigration Services shall approve a 
request for posthumous citizenship filed by the next-
of-kin in accordance with paragraph (1)(B) if—
‘‘(A) the request is filed not later than 2 
years after—
‘‘(i) the date of enactment of this sec-
tion; or