I 
108TH CONGRESS 
1ST SESSION H. R. 1954
To revise the provisions of the Immigration and Nationality Act relating 
to naturalization through service in the Armed Forces, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 6, 2003
Mr. SENSENBRENNER (for himself, Mr. COBLE, Mr. FLAKE, Mr. GUTIERREZ, 
Mr. HASTINGS of Washington, Mr. ISSA, Mr. JENKINS, Mr. JONES of 
North Carolina, Mr. KELLER, Mr. CONYERS, Ms. JACKSON-LEE of 
Texas, and Mr. BERMAN) introduced the following bill; which was re-
ferred to the Committee on the Judiciary 
A BILL 
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.—Section 328(a) of the Immigration and Nationality 
Act (8 U.S.C. 1439(a)) is amended by striking ‘‘three 
years,’’ and inserting ‘‘one year,’’. 
(b) PROHIBITION ON IMPOSITION OF FEES RELAT-
ING 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 
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
(2) in section 329(b)—
(A) in paragraph (2), by striking ‘‘and’’ at 
the end; 
(B) in paragraph (3), by striking the pe-
riod 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 
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.’’. 
(c) 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. 
(d) TECHNICAL AMENDMENT.—Section 328(b)(3) of 
the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1439(b)(3)) is amended by striking ‘‘Attorney General,’’ 
and inserting ‘‘Secretary of Homeland Security,’’. 
SEC. 3. POSTHUMOUS CITIZENSHIP THROUGH DEATH 
WHILE ON ACTIVE-DUTY SERVICE IN ARMED 
FORCES. 
(a) IN GENERAL.—Section 329A of the Immigration 
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) 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. 
‘‘(2) 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 on 
which the petition under paragraph (4) is filed, shall 
be considered, for purposes of section 201(b), to re-
main an immediate relative after the date of the citi-
zen’s death (regardless of changes in age or marital 
status after such filing date). 
‘‘(3) 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 shall be considered, for 
purposes of section 201(b), to remain an immediate 
relative after the date of the citizen’s death, and the 
requirement that the citizen be at least 21 years of 
age shall not apply. 
‘‘(4) 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 (1), (2), or (3), 
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. 
‘‘(B) MINOR CHILDREN.—In the case of a 
child under 18 years of age on the filing date, 
the petition described in subparagraph (A) shall 
be filed on behalf of the child by a parent or 
legal guardian of the child. 
‘‘(5) DEADLINE.—Paragraphs (1) through (4) 
shall apply only if the petition under paragraph (4) 
is filed not later than 2 years after the date on 
which the request under subsection (c) is granted. 
‘‘(6) 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 spouse or parent being lawfully admitted for 
permanent residence, upon the grant of posthumous 
citizenship under this section to the petitioner, the 
Secretary of Homeland Security—
‘‘(A) shall convert such petition to a peti-
tion filed under paragraph (4) to classify the
alien as an immediate relative under subsection 
(b)(2)(A)(i); 
‘‘(B) shall ensure that the priority date as-
signed upon receipt of the original petition is 
maintained; and 
‘‘(C) otherwise shall treat the date on 
which the request under subsection (c) is grant-
ed as the petition filing date for purposes of 
this subsection. 
‘‘(7) 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. 
‘‘(8) 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.’’. 
(b) TECHNICAL AMENDMENTS.—Section 329A of the 
Immigration 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 Secu-
rity’’.
SEC. 4. IMMIGRATION BENEFITS FOR SURVIVING ALIEN 
SPOUSES, CHILDREN, AND PARENTS OF CITI-
ZENS WHO DIE WHILE ON ACTIVE DUTY. 
(a) TREATMENT AS IMMEDIATE RELATIVES.—Sec-
tion 201(f) of the Immigration and Nationality Act (8 
U.S.C. 1151(f)) is amended by adding at the end the fol-
lowing: 
‘‘(4) SURVIVING
ALIEN
SPOUSES, CHILDREN, 
AND PARENTS OF CITIZENS WHO DIE WHILE ON AC-
TIVE-DUTY SERVICE 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—
‘‘(I) served honorably in an ac-
tive-duty status in the military, air, or 
naval forces of the United States dur-
ing any period described in the first 
sentence of section 329(a); and 
‘‘(II) died 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 this subpara-
graph. 
‘‘(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. In all other re-
spects, the provisions of subsection (b)(2)(A)(i) 
and section 204(a)(1)(A)(ii) shall apply to such 
a surviving spouse. 
‘‘(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), a person 
who is a surviving parent described in subpara-
graph (A) shall be considered, for purposes of 
subsection (b), to remain an immediate relative 
after the date of the citizen’s death, and the re-
quirement that the citizen be at least 21 years 
of age shall not apply. 
‘‘(E) TREATMENT OF PETITIONS WITH RE-
SPECT TO CHILDREN AND PARENTS.—
‘‘(i) CONTINUATION OF PETITIONS.—
A petition properly filed on behalf of a 
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 child or 
parent as an immediate relative pursuant 
to this paragraph. No new petition shall be 
required to be filed, and any priority date 
assigned prior to the death shall be main-
tained.
‘‘(ii) SELF-PETITIONS.—In the case of 
a surviving child or parent who remains an 
immediate relative after the date of a citi-
zen’s death pursuant to subparagraph (C) 
or (D), any petition under section 204 oth-
erwise required to be filed by the citizen to 
classify the child or parent under sub-
section (b)(2)(A)(i) may be filed instead by 
the child or parent. 
‘‘(iii) MINOR CHILDREN.—In the case 
of a child under 18 years of age on the fil-
ing date, the petition described in clause 
(ii) shall be filed on behalf of the child by 
a parent or legal guardian of the child. 
‘‘(iv) DEADLINE.—In the case of peti-
tion under clause (ii), subparagraphs (C) 
and (D) shall apply only if the petition de-
scribed in such clause 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