Support and Defend Our Military Personnel and Their Families Act
Bill: H.R.3881 | Sponsor: Rep. Thompson, Mike (D-CA)
Policy area: Immigration

Summary:
Support and Defend Our Military Personnel and Their Families Act
This bill provides immigration-related benefits and protections for certain Armed Forces veterans.
Any person who has served under honorable conditions as a member of the Armed Forces in support of contingency operations shall be eligible for naturalization as if the person had served during a period of presidentially designated military hostilities. (Contingency operations are operations where Armed Forces members are or may become involved in military actions, operations, or hostilities, or that result in the call to active duty.)
The bill also extends the period for filing a naturalization application from six months to one year after completing eligible military service.
An alien eligible for a family-sponsored visa and is either the spouse or child of a permanent resident alien serving in the Armed Forces shall be exempt from worldwide visa numerical limitations.
The Department of Homeland Security (DHS) may adjust to permanent resident status an alien who is a parent, spouse, adult or minor child, or minor sibling of a person who has served in the Armed Forces under honorable conditions.
DHS must give prior approval before a notice to appear in a removal proceeding may be issued against an alien veteran who has served honorably. Before giving such approval, DHS shall consider factors such as the alien's record of service and any hardship to the Armed Forces or the alien or family members if placed in removal proceedings. Such an alien may not be removed based on certain grounds of inadmissibility or a prior order of removal.

To amend the Immigration and Nationality Act to protect the well-being 
        of soldiers and their families, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Support and Defend Our Military 
Personnel and Their Families Act''.

SEC. 2. FACILITATING NATURALIZATION FOR MILITARY PERSONNEL.

    (a) In General.--Any person who has served honorably as a member of 
the Armed Forces of the United States in support of a contingency 
operation (as defined 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 provided in section 329 of 
the Immigration and Nationality Act (8 U.S.C. 1440) as though the 
person had served during a period designated by the President under 
such section.
    (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.''.

SEC. 4. RELIEF FOR IMMEDIATE FAMILY MEMBERS OF ACTIVE DUTY PERSONNEL.

    Section 245 of the Immigration and Nationality Act (8 U.S.C. 1255) 
is amended by adding at the end the following:
    ``(n) 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 admitted 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 immigrant 
                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 application.
            ``(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 member of the Armed Forces whose 
                death was the result of injury or disease incurred in 
                or aggravated 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 described in 
                subparagraph (A), was separated under honorable 
                conditions.''.

SEC. 5. FACTORS TO CONSIDER IN INITIATING REMOVAL PROCEEDINGS AGAINST 
              ACTIVE DUTY MILITARY PERSONNEL AND VETERANS.

    Section 239 of the Immigration and Nationality Act (8 U.S.C. 1229) 
is amended by adding at the end the following:
    ``(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 honorably at any time in the 
        Armed Forces of the United States, and who, if separated from 
        the Armed Forces, separated under honorable conditions, without 
        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 naturalization under section 328 or 
        329, as well as the alien's record of military service, grounds 
        of deportability 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, separated under honorable conditions, 
        shall not be removed from the United States under subparagraph 
        (A)(i) or (B)(iii) of section 235(b)(1), section 238, or 
        section 241(a)(5).''.
                                 <all>