[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3846 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 3846

     To amend the Immigration and Nationality Act to authorize the 
 submission of an application for naturalization under section 322 of 
   such Act on behalf of a child by the child's grandparent or legal 
  guardian, if the parent who otherwise would be authorized to submit 
                     such application is deceased.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 5, 2002

  Mr. Frank introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
     To amend the Immigration and Nationality Act to authorize the 
 submission of an application for naturalization under section 322 of 
   such Act on behalf of a child by the child's grandparent or legal 
  guardian, if the parent who otherwise would be authorized to submit 
                     such application is deceased.

    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 ``Equal Rights of Citizenship for 
Children of Deceased Parents Act''.

SEC. 2. APPLICATION FOR NATURALIZATION BY ALTERNATIVE APPLICANT IF 
              CITIZEN PARENT HAS DIED.

    Section 322(a) of the Immigration and Nationality Act (8 U.S.C. 
1433(a)) is amended--
            (1) in the matter preceding pargraph (1)--
                    (A) by inserting ``(or, if the citizen parent has 
                died during the preceding 10 years, a citizen 
                grandparent or citizen legal guardian)'' after 
                ``citizen of the United States''; and
                    (B) by striking ``such parent'' and inserting 
                ``such applicant'';
            (2) in paragraph (1), by inserting ``(or, at the time of 
        his or her death, was)'' after ``parent'';
            (3) in paragraph (2)--
                    (A) in subparagraph (A), by inserting ``(or, at the 
                time of his or her death, had)'' after ``has''; and
                    (B) in subparagraph (B), by inserting ``(or, at the 
                time of his or her death, had)'' after ``has'' the 
                first place such term appears;
            (4) by amending paragraph (4), to read as follows:
            ``(4) The child is residing outside of the United States in 
        the legal and physical custody of the applicant (or, if the 
        citizen parent is deceased, an individual who does not object 
        to the application).''; and
            (5) by adding at the end the following:
            ``(5) The child is temporarily present in the United States 
        pursuant to a lawful admission, and is maintaining such lawful 
        status.''.
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