Veterans’ Pathway to Citizenship Act of 2021
Bill: H.R.2382 | Sponsor: Rep. Barragan, Nanette Diaz (D-CA)
Policy area: Immigration

Summary:
Veterans' Pathway to Citizenship Act of 2021
This bill waives certain requirements for eligible noncitizens seeking U.S. citizenship through service in the Armed Forces and addresses related issues.
Currently, a noncitizen who served honorably during a designated period of hostilities may acquire citizenship on an expedited basis, subject to certain requirements.
Under this bill, such a noncitizen shall be deemed to be a lawful permanent resident and to have fulfilled all residency and physical presence requirements for naturalization purposes if that noncitizen meets all other naturalization requirements.
In addition, for such a noncitizen seeking naturalization, any prior removals from the United States shall not affect the noncitizen's eligibility for any immigration benefit or in determining whether the alien is deportable or inadmissible. Similarly, if such a noncitizen has received a pardon for an offense, that offense shall not affect the noncitizen's naturalization application unless the pardoned offense led to the noncitizen's separation from the Armed Forces in any manner other than honorable.
Furthermore, when a noncitizen becomes eligible for naturalization through military service during hostilities, the Department of Homeland Security shall notify the noncitizen and submit an application on the noncitizen's behalf, unless the noncitizen requests otherwise.
If a noncitizen is eligible for citizenship through this path but had filed an untimely application, that application shall be treated as timely and reviewed. This provision shall be in effect for a one-year period starting from this bill's enactment.

To amend the Immigration and Nationality Act to recognize the service 
   of veterans of the armed forces by providing a more navigable and 
accommodating pathway for veterans honorably discharged from the United 
   States military to naturalize and seek citizenship, 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 ``Veterans' Pathway to Citizenship Act 
of 2021''.

SEC. 2. NATURALIZATION OF VETERANS DURING PERIODS OF HOSTILITIES.

    (a) Naturalization of Veterans During Periods of Hostilities.--
Section 329 of the Immigration and Nationality Act (8 U.S.C. 1440) is 
amended by adding at the end the following:
    ``(d) Remedies.--
            ``(1) Immigration status.--
                    ``(A) Assumption of lawful permanent resident 
                status.--For purposes of this title, any current or 
                former member of the Armed Forces who would be eligible 
                for naturalization under this section but is not by 
                reason of a failure to complete a specified period of 
                residence or physical presence within the United States 
                under this title or failure to maintain status as a 
                lawful permanent resident shall, upon application for 
                naturalization, be deemed to be a lawful permanent 
                resident and to have fulfilled any residency and 
                physical presence requirements solely for purposes of 
                such current or former member's application for 
                naturalization.
                    ``(B) Prior removals.--In the case of any current 
                or former member of the Armed Forces who is seeking 
                naturalization under this section, no prior removal may 
                be taken into account for purposes of eligibility for 
                any immigration benefit or in determining 
                deportability, or inadmissibility, including for 
                purposes of the application of sections 212(a)(9) and 
                318.
            ``(2) Pardons.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), in the case of a current or former 
                member of the Armed Forces who receives a pardon for an 
                offense, that offense may not be taken into account for 
                purposes of an application for naturalization under 
                this section, including as to--
                            ``(i) requirements under section 212; and
                            ``(ii) requirements under section 316.
                Such benefit shall apply only as to the current or 
                former member's application for naturalization.
                    ``(B) Exception.--Subparagraph (A) shall not apply 
                if the offense pardoned was the same offense that 
                caused that former member's separation from the Armed 
                Forces in any manner other than honorable.
            ``(3) Notice program.--
                    ``(A) Upon enlistment.--Every military recruiter or 
                officer overseeing an enlistment shall provide to every 
                recruit proper notice of that recruit's options for 
                naturalization under this title, and shall inform the 
                recruit of existing programs or services that may aid 
                in the recruit's naturalization process, including 
                directing the recruit to the Judge Advocate General or 
                other designated point-of-contact for naturalization.
                    ``(B) Upon discharge.--The Secretary of Homeland 
                Security, acting through the Director of the United 
                States Customs and Immigration Services, and in 
                coordination with the Secretary of Defense, shall 
                provide to every former member of the Armed Forces, 
                upon separation from the Armed Forces, an adequate 
                notice of that former member's options for 
                naturalization under this title, and shall inform that 
                former member of existing programs and services that 
                may aid in the naturalization process. The Secretary 
                shall issue along with this notice a copy of each form 
                required for naturalization and a copy of the 
                certification of honorable service required under 
                subsection (b)(3), at no expense to that former member.
            ``(4) Application automatically filed.--When the current or 
        former member who would be eligible for naturalization under 
        this section becomes eligible for such naturalization, the 
        Secretary of Homeland Security, in coordination with the 
        Secretary of Defense shall notify the member of his or her 
        eligibility, and shall, unless the member requests the 
        Secretary of Homeland Security not do so, submit an application 
        for the naturalization on behalf of that member.
            ``(5) Veteran's application to be given treatment as though 
        timely filed.--In the case of any current or former member of 
        the Armed Forces who would be eligible for naturalization under 
        this section but is not by reason of a failure or inability to 
        timely file application for naturalization, the Director of 
        United States Customs and Immigration Services shall review any 
        application for naturalization submitted by or on behalf of the 
        former member as if it were completed and timely filed.''.
    (b) Prospective Repeal.--Section 329 of the Immigration and 
Nationality Act (8 U.S.C. 1440) is amended by striking subsection 
(d)(5).
    (c) Applicability.--
            (1) Effective date of amendment.--The amendment made by 
        subsection (a) shall take effect beginning on the date of 
        enactment of this Act.
            (2) Effective date of repeal.--The amendment made by 
        subsection (b) shall take effect beginning 1 year after the 
        date of enactment of this Act.
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