Protect Patriot Spouses Act
Bill: H.R.163 | Sponsor: Rep. Soto, Darren (D-FL)
Policy area: Immigration

Summary:
Protect Patriot Spouses Act
This bill makes certain alien military spouses eligible for adjustment to permanent residence status.
An eligible alien shall be an individual who is or was a spouse of a U.S. citizen who serves or served in the Armed Forces, either on active duty or in a reserve component. If the U.S. citizen has been discharged from the Armed Forces, such discharge must be under honorable conditions.
Certain factors that would otherwise make an alien inadmissible, such as having entered the United States without being admitted, shall not make such an alien spouse inadmissible or ineligible for permanent residence status under the bill. The Department of Homeland Security (DHS) may also waive certain factors that would otherwise make an alien inadmissible, such as having misrepresented a material fact to secure a visa, if the alien does not pose a threat to the public and has not committed any crimes that are unrelated to immigration status.
The bill also requires DHS and the Department of State to allow a qualifying alien spouse to (1) apply for an immigrant visa to enter the United States under this bill; and (2) enter and stay in the United States to reunite with their U.S. citizen spouse while the application is pending, if the alien spouse does not pose a threat to the public or national security.

To render certain military spouses eligible for adjustment of status, 
                        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 ``Protect Patriot Spouses Act''.

SEC. 2. ADJUSTMENT OF STATUS FOR CERTAIN MILITARY SPOUSES.

    Section 245 of the Immigration and Nationality Act (8 U.S.C. 1255) 
is amended by adding at the end the following:
    ``(n)(1) In applying this section to an alien described in 
paragraph (2)--
            ``(A) such alien shall be deemed, for purposes of 
        subsection (a), to have been inspected and admitted into the 
        United States; and
            ``(B) in determining the alien's admissibility as an 
        immigrant--
                    ``(i) paragraphs (6)(A), (7)(A), and (9)(B) of 
                section 212(a) shall not apply; and
                    ``(ii) the Secretary of Homeland Security, in the 
                discretion of the Secretary, may waive the application 
                of paragraphs (6)(C), (9)(A), and (9)(C) of section 
                212(a) if the alien establishes to the satisfaction of 
                the Secretary that the alien does not pose a threat to 
                the public and has not committed any criminal offenses 
                in violation of Federal or State law unrelated to the 
                alien's status.
    ``(2) An alien is described in this paragraph if the alien--
            ``(A) is or was the spouse of a United States citizen who--
                    ``(i) is or was serving on active duty in the 
                United States Armed Forces or in a reserve component of 
                the United States Armed Forces; and
                    ``(ii) if discharged or released from service in 
                the Armed Forces, was discharged or released under 
                honorable conditions; and
            ``(B) is the beneficiary of a petition for classification 
        under section 204(a)(1)(A) as an immediate relative (as defined 
        in section 201(b)) by reason of the marriage to such 
        citizen.''.

SEC. 3. TREATMENT OF CERTAIN GROUNDS FOR INADMISSIBILITY FOR CERTAIN 
              MILITARY SPOUSES.

    Section 212 of the Immigration and Nationality Act (8 U.S.C. 1182) 
is amended by inserting after subsection (b) the following:
    ``(c)(1) In determining the admissibility as an immigrant of an 
alien described in paragraph (2)--
            ``(A) subsection (a)(9)(B) shall not apply; and
            ``(B) the Secretary of Homeland Security, in the discretion 
        of the Secretary, may waive the application of paragraphs 
        (6)(C), (9)(A), and (9)(C) of subsection (a) if the alien 
        establishes to the satisfaction of the Secretary that the alien 
        does not pose a threat to the public and has not committed any 
        criminal offenses in violation of Federal or State law 
        unrelated to the alien's status.
    ``(2) An alien is described in this paragraph if the alien--
            ``(A) is or was the spouse of a United States citizen who--
                    ``(i) is or was serving on active duty in the 
                United States Armed Forces or in a reserve component of 
                the United States Armed Forces; and
                    ``(ii) if discharged or released from service in 
                the Armed Forces, was discharged or released under 
                honorable conditions; and
            ``(B) is the beneficiary of a petition for classification 
        under section 204(a)(1)(A) as an immediate relative (as defined 
        in section 201(b)) by reason of the marriage to such 
        citizen.''.

SEC. 4. ELIGIBILITY OF REMOVED OR VOLUNTARILY DEPARTED ALIENS.

    (a) In General.--The Secretary of Homeland Security and the 
Secretary of State shall take such steps as may be necessary to ensure 
that eligible aliens who were removed or permitted to depart 
voluntarily from the United States before the date of the enactment of 
this Act may apply from abroad for an immigrant visa pursuant to the 
amendment made by section 3.
    (b) Nonimmigrant Admission Pending Adjudication.--The Secretary of 
Homeland Security and the Secretary of State shall establish a program 
under which an eligible alien with a pending application made under 
subsection (a) may be authorized to enter the United States as a 
nonimmigrant to reunite with their United States citizen spouse during 
the period in which such application, and an associated application for 
adjustment of status, remain pending. In determining whether an alien 
is eligible to be admitted to the United States as a nonimmigrant under 
this subsection, the Secretary of Homeland Security and the Secretary 
of State shall require the alien to establish to the satisfaction of 
each Secretary that the alien does not pose a threat to the public or 
to national security. In determining the admissibility as a 
nonimmigrant of an alien described in this subsection, the Secretary of 
Homeland Security, in the discretion of the Secretary, may waive the 
application of paragraphs (6)(C) and (9) of section 212(a) of the 
Immigration and Nationality Act (8 U.S.C. 1182(a)).
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