Protect Patriot Parents Act

Bill: 117-hr-454
Sponsor: full_name: Rep. Carbajal, Salud O. [D-CA-24]
Introduced: 2021-01-25
Policy area: Immigration
Subjects: Administrative remedies

Criminal justice information and records

Department of Homeland Security

Immigration status and procedures

Marriage and family status

Military personnel and dependents

National Guard and reserves

Visas and passports
Latest action: action_date: 2021-03-05
text: Referred to the Subcommittee on Immigration and Citizenship.

Summaries:
action_date: 2021-01-25
action_desc: Introduced in House
text: <p><b>Protect Patriot Parents Act </b></p> <p>This bill makes certain aliens who are parents of a veteran eligible for adjustment to permanent residence status.</p> <p>An eligible alien shall be an individual who is a parent 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. </p> <p>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 parent ineligible for permanent residence status under this 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.</p> <p>An eligible alien who was previously removed from (or permitted to leave) the United States before this bill's enactment may apply for adjustment of status under this bill from abroad. DHS and the Department of State shall also establish a program where an eligible alien who has applied for adjustment of status under this bill may be admitted into the United States as a nonimmigrant while the application is pending, if DHS and the State Department determine that the alien does not pose a threat to the public or national security.</p>

tv_txt: I 117th CONGRESS 1st Session H. R. 454 IN THE HOUSE OF REPRESENTATIVES January 25, 2021 Mr. Carbajal introduced the following bill; which was referred to the Committee on the Judiciary A BILL To render certain military parents eligible for adjustment of status, and for other purposes.

1. Short title This Act may be cited as the Protect Patriot Parents Act . 2. Adjustment of status for certain military parents 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 a parent 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 parental relationship to such citizen. . 3. Treatment of certain grounds for inadmissibility for certain military parents 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 a parent 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. . 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 son or daughter 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) ).