I 
111TH CONGRESS 
1ST SESSION H. R. 4350 
To amend the Immigration and Nationality Act to provide for nonimmigrant 
status for an alien who is the parent or legal guardian of a United 
States citizen child if the child was born abroad and is the child of 
a deceased member of the Armed Forces of the United States. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 16, 2009 
Mr. ISSA (for himself, Mr. REYES, Mr. SKELTON, Mr. HOEKSTRA, Mr. 
MCKEON, and Mr. TOWNS) introduced the following bill; which was re-
ferred to the Committee on the Judiciary 
A BILL 
To amend the Immigration and Nationality Act to provide 
for nonimmigrant status for an alien who is the parent 
or legal guardian of a United States citizen child if 
the child was born abroad and is the child of a deceased 
member of the Armed Forces of the United States. 
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 ‘‘Fallen Heroes Family 
Act of 2009’’. 
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SEC. 2. NONIMMIGRANT STATUS FOR ALIEN PARENT OF 
U.S. CITIZEN CHILD OF DECEASED MEMBER 
OF ARMED FORCES. 
Section 101(a)(15) of the Immigration and Nation-
ality Act (8 U.S.C. 1101(a)(15)) is amended— 
(1) in subparagraph (U), by striking ‘‘or’’ at 
the end; 
(2) in subparagraph (V), by striking the period 
at the end and inserting ‘‘; or’’; and 
(3) by adding at the end the following: 
‘‘(W) subject to section 214(s), an alien who is 
the parent of a child who— 
‘‘(i) is a United States citizen; 
‘‘(ii) was born outside the United States 
and its outlying possessions; and 
‘‘(iii) had a natural parent who— 
‘‘(I) served honorably in an active- 
duty status in the military, air, or naval 
forces of the United States; and 
‘‘(II) died on or after September 11, 
2001, as a result of injury or disease in-
curred in or aggravated by that service.’’. 
SEC. 3. PARENT TO INCLUDE LEGAL GUARDIAN. 
Section 101(b)(2) of the Immigration and Nationality 
Act (8 U.S.C. 1101(b)(2)) is amended by adding at the 
end the following: ‘‘For purposes of subsection (a)(15)(W) 
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and section 201(b)(2)(A)(i), the term ‘parent’ includes a 
legal guardian or other person standing in loco parentis.’’. 
SEC. 4. CONDITIONS ON ADMISSION. 
Section 214 of the Immigration and Nationality Act 
(8 U.S.C. 1184) is amended by adding at the end the fol-
lowing: 
‘‘(s)(1) In the case of a nonimmigrant described in 
section 101(a)(15)(W), the Secretary of Homeland Secu-
rity shall authorize the nonimmigrant to engage in em-
ployment in the United States during the period of author-
ized admission and shall provide the nonimmigrant with 
an ‘employment authorized’ endorsement or other appro-
priate document signifying authorization of employment. 
‘‘(2) The period of authorized admission of such a 
nonimmigrant shall terminate on the date that is 180 days 
after the 21st birthday of the child described in section 
101(a)(15)(W), except that if the child files a petition 
under section 204(a)(1)(A)(i) to classify the non-
immigrant as an immediate relative before such date, such 
period shall terminate on the date that is 30 days after 
the date on which such petition is denied. 
‘‘(3) Not more than 1 alien may be admitted to the 
United States as a nonimmigrant with regard to each 
child described in section 101(a)(15)(W), unless an alien 
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previously so admitted with respect to that child has 
died.’’. 
Æ 
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