Naturalization and Family Protection for Military Members Act of 2003

Bill: 108-hr-1954
Sponsor: Rep. Sensenbrenner, F. James, Jr. [R-WI-5]
Introduced: 2003-05-06 in the House
Policy area: Immigration
Subjects: Administrative fees
Aliens
Armed Forces and National Security
Armed forces abroad
Citizenship
Economics and Public Finance
Embassies
Families
Fees
Government Operations and Politics
Government paperwork
Immigrants
International Affairs
Law
Legal fees
Marriage
Married people
Military bases
Military dependents
Military personnel
Naturalization
Parents
State courts
State laws
Survivors' benefits
Veterans' benefits
Visas
War casualties
Widowers
Widows
Women

Summary:
action_date: 2003-05-06
text: Armed Forces Naturalization Act of 2003 - Amends the Immigration and Nationality Act respecting naturalization through service in the armed forces to: (1) reduce the required service from three years to one year; and (2) prohibit the imposition of a naturalization fee.
Provides for overseas naturalization proceedings for members of the armed forces.
Amends the Act to retain, with specified filing deadlines, immediate relative status for the alien spouse, child, or parent of a person granted posthumous U.S. citizenship through death from injury or disease incurred while serving honorably on active military service during a period of hostilities. Permits self-petitions for immigrant status. Waives public charge grounds of inadmissibility. Prohibits the imposition of related fees.
Treats the alien spouse, child, or parent of a U.S. citizen who died from injury or disease incurred while serving honorably on active military service during a period of hostilities as a valid petitioner for immediate family status. Permits surviving child or parent self-petitions for immigrant status. Waives public charge grounds of inadmissibility.
Replaces specified references to the "Attorney General" with the "Secretary of Homeland Security."
Makes the provisions of this Act, except fee-related provisions, effective as if enacted on September 11, 2001.
action_date: 2003-05-19
text: Armed Forces Naturalization Act of 2003 - (Sec. 2) Amends the Immigration and Nationality Act, with respect to naturalization through armed forces service during nonhostile periods, to reduce the required service from three years to one year.
Prohibits imposition of naturalization application or certificate fees and related State documentation fees for armed forces members seeking to naturalize.
Permits revocation of citizenship for military separation under other than honorable conditions.
Provides for overseas naturalization proceedings for members of the armed forces.
(Sec. 3) Prohibits imposition of a fee from a person seeking posthumous citizenship for a member of the armed forces who died from injury or disease incurred while serving honorably on active military service during a period of hostilities.
Retains immediate relative status for the alien spouse (until remarriage), child (under 21 years old and unmarried), or parent (lawfully in the United States on the day of the armed forces member's death) of a person granted posthumous U.S. citizenship through death from injury or disease incurred while serving honorably on active military service during a period of hostilities (posthumous citizen). Permits family member self-petitions for immigrant status in instances where the armed forces member had not filed prior to death. (Requires a petition for a child under 18 years old to be filed by a parent or legal guardian.) Requires all related petitions to be filed within two years of the granting of posthumous citizenship. Converts previously filed petitions for family sponsored immigrant status to immediate relative status upon granting of posthumous citizenship. Waives public charge grounds of inadmissibility.
Permits a permanent resident surviving spouse of a posthumous citizen to immediately apply for naturalization.
(Sec. 4) Treats the alien spouse (until remarriage), child (under 21 years old and unmarried), or parent (lawfully in the United States on the day of the armed forces member's death) of a U.S. citizen who died from injury or disease incurred while serving honorably on active military service during a period of hostilities as a valid petitioner for immediate family status. (States that the military branch of the deceased citizen shall determine whether appropriate requirements were satisfied.) Maintains the validity of an immediate relative petition filed prior to the citizen's death. Permits surviving child or parent self-petitions for immigrant status. (Requires a petition for a child under 18 years old to be filed by a parent or legal guardian.) Requires all related petitions to be filed within two years of the citizen's death. Waives public charge grounds of inadmissibility.
Replaces specified references to "Attorney General" with "Secretary of Homeland Security."
(Sec. 5) Makes the provisions of this Act, except fee-related provisions, effective as if enacted on September 11, 2001.
action_date: 2003-06-04
text: Armed Forces Naturalization Act of 2003 - (Sec. 2) Amends the Immigration and Nationality Act, with respect to naturalization through armed forces service during nonhostile periods, to reduce the required service from three years to one year.
Prohibits imposition of naturalization application or certificate fees and related State documentation fees for armed forces members seeking to naturalize.
Permits revocation of citizenship, including posthumous citizenship, for military separation under other than honorable conditions before an individual has served honorably for at least five years.
Provides for overseas naturalization proceedings for members of the armed forces.
(Sec. 3) Prohibits imposition of a fee from a person seeking posthumous citizenship for a member of the armed forces who died from injury or disease incurred while serving honorably on active military service during a period of hostilities.
Retains immediate relative status for the alien spouse (until remarriage), child (under 21 years old and unmarried), or parent (lawfully authorized to be in the United States on the day of the armed forces member's death) of a person granted posthumous U.S. citizenship through death from injury or disease incurred while serving honorably on active military service during a period of hostilities (posthumous citizen). Permits family member self-petitions for immigrant status in instances where the armed forces member had not filed prior to death. (Requires a petition for a child under 18 years old to be filed by a parent or legal guardian.) Requires all related petitions to be filed within two years of the granting of posthumous citizenship. Converts previously filed petitions for family sponsored immigrant status to immediate relative status upon granting of posthumous citizenship. Waives public charge grounds of inadmissibility. Makes such provisions applicable to the surviving spouse, child, and parent of a person who died on or after September 11, 2001.
Permits a permanent resident surviving spouse of a posthumous citizen who died on or after September 11, 2001, to immediately apply for naturalization.
(Sec. 4) Treats the alien spouse (until remarriage), child (under 21 years old and unmarried), or parent of a U.S. citizen who died on or after September 11, 2001, from injury or disease incurred while serving honorably on active military service during a period of hostilities as a valid petitioner for immediate family status. (States that the military branch of the deceased citizen shall determine whether appropriate requirements were satisfied.) Maintains the validity of an immediate relative petition filed prior to the citizen's death. Permits surviving spouse, child, or parent (lawfully authorized to be in the United States on the day of the citizen's death) self-petitions for immigrant status. (Requires a petition for a child under 18 years old to be filed by a parent or legal guardian.) Requires all related petitions to be filed within two years of the citizen's death. Waives public charge grounds of inadmissibility.
Replaces specified references to "Attorney General" with "Secretary of Homeland Security."
.
action_date: 2003-06-16
text: Naturalization and Family Protection for Military Members Act of 2003 - (Sec. 2) Amends the Immigration and Nationality Act with respect to naturalization through armed forces service during nonhostile periods to reduce the required qualifying service from three years to two. 
Prohibits imposition of naturalization application or certificate fees and related State documentation fees for armed forces members seeking to naturalize.
Provides for overseas naturalization proceedings for members of the armed forces.
Directs the Secretary of Defense to prescribe a policy that facilitates the opportunity for a member to finalize naturalization for which the member has applied.
(Sec. 3) Qualifies the Selective Reserve of the Ready Reserve for such naturalization benefits.
(Sec. 4) Retains the immediate relative status for the alien spouse (until remarriage), child, or parent of a U.S. citizen who served honorably in active duty status and died from injury or disease incurred in or aggravated by combat. Requires petition filing within two years of such death.
Permits child or parent petitions for immigrant status in instances where the armed forces member had not filed prior to death.
States that an application for status adjustment by the alien spouse, child, or parent of an alien member who was granted service-related posthumous citizenship may be adjudicated as if the death had not occurred. Requires application filing prior to such death.
Treats the spouse, child, or parent of a lawful permanent resident who was granted service-related posthumous citizenship as a valid petitioner for immediate family status. Requires petition filing within two years of such death.
Permits such aliens to apply for permanent resident status adjustment.
Waives public charge inadmissibility grounds for such spouses, children, or parents. Authorizes the Secretary of Homeland Security to waive on an individual basis inadmissibility provisions concerning aliens present without admission or parole, lacking documentation, or unlawfully present, if the alien establishes exceptional and extremely unusual hardship to the alien or the alien's spouse, parent, or child who is a U.S. citizen or lawful permanent resident alien.
(Sec. 5) Provides that a request for the granting of posthumous citizenship to a member of the armed forces who died from an active service-related injury or disease incurred during a period of military hostilities may be filed: (1) upon locating the next-of-kin, and if so requested by the next-of-kin, by the Secretary of Defense (or designee) with the Bureau of Citizenship and Immigration Services in the Department of Homeland Security immediately upon the death of that person; or (2) by the next-of-kin. (Current law provides for such filing only by the next-of-kin or other representative.) 
Requires the Director of the Bureau of Citizenship and Immigration Services to approve a request for posthumous citizenship filed by the next-of-kin if: (1) the request is filed within two years after the later of enactment of this section or the date of the person's death, whichever is later; (2) the request is accompanied by a duly authenticated certificate from the executive department under which the person served attesting to the person's honorable service and service-related death; and (3) the Director finds that the person satisfied certain enlistment location or post-enlistment status requirements. (Current law provides for approval by the Attorney General within two years after the later of March 6, 1990, or the person's death.) 
States that the Director (currently the Attorney General) shall send the documentation of posthumous citizenship to the next-of-kin.
(Sec. 6) Makes this Act effective as if enacted on September 11, 2001.

Legislative actions:
action_date: 2003-06-16
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 142.
action_date: 2003-06-16
text: Committee on the Judiciary. Reported by Senator Hatch with an amendment in the nature of a substitute. Without written report.
action_date: 2003-06-16
text: Committee on the Judiciary. Reported by Senator Hatch with an amendment in the nature of a substitute. Without written report.
action_date: 2003-06-12
text: Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.
action_date: 2003-06-10
text: Read twice and referred to the Committee on the Judiciary.
action_date: 2003-06-05
text: Received in the Senate.
action_date: 2003-06-04
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2003-06-04
text: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 414 - 5 (Roll no. 239). (text:  CR H4899-4901)
action_date: 2003-06-04
text: Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 414 - 5 (Roll no. 239).(text:  CR H4899-4901)
action_date: 2003-06-04
text: Considered as unfinished business. (consideration:  CR H4921)
action_date: 2003-06-04
text: At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
action_date: 2003-06-04
text: DEBATE - The House proceeded with forty minutes of debate on H.R. 1954.
action_date: 2003-06-04
text: Considered under suspension of the rules. (consideration:  CR H4899-4910)
action_date: 2003-06-04
text: Mr. Sensenbrenner moved to suspend the rules and pass the bill, as amended.
action_date: 2003-05-19
text: Placed on the Union Calendar, Calendar No. 57.
action_date: 2003-05-19
text: Reported (Amended) by the Committee on Judiciary. H. Rept. 108-111.
action_date: 2003-05-19
text: Reported (Amended) by the Committee on Judiciary. H. Rept. 108-111.
action_date: 2003-05-07
text: Ordered to be Reported (Amended) by Voice Vote.
action_date: 2003-05-07
text: Committee Consideration and Mark-up Session Held.
action_date: 2003-05-07
text: Subcommittee on Immigration, Border Security, and Claims Discharged.
action_date: 2003-05-06
text: Referred to the Subcommittee on Immigration, Border Security, and Claims.
action_date: 2003-05-06
text: Referred to the House Committee on the Judiciary.
action_date: 2003-05-06
text: Introduced in House
action_date: 2003-05-06
text: Introduced in House