[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1685 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 1685

  To amend the Immigration and Nationality Act relating to posthumous 
 citizenship through death while on active-duty service during periods 
  of military hostilities to eliminate the prohibition on immigration 
benefits for surviving family members and to provide such benefits for 
                         spouses and children.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 9, 2003

Mr. Issa (for himself, Ms. Jackson-Lee of Texas, Mr. Hunter, Mr. Weldon 
  of Pennsylvania, Mr. Saxton, Mr. Burgess, Mr. Porter, Mr. Akin, Ms. 
   Bordallo, Mr. Cunningham, Mr. Tom Davis of Virginia, Mr. Wu, Mr. 
  Sherman, Mr. Conyers, Mr. Calvert, and Mr. Delahunt) introduced the 
  following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To amend the Immigration and Nationality Act relating to posthumous 
 citizenship through death while on active-duty service during periods 
  of military hostilities to eliminate the prohibition on immigration 
benefits for surviving family members and to provide such benefits for 
                         spouses and children.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. AMENDMENT TO THE IMMIGRATION AND NATIONALITY ACT RELATING TO 
              POSTHUMOUS CITIZENSHIP THROUGH DEATH WHILE ON ACTIVE-DUTY 
              SERVICE DURING PERIODS OF MILITARY HOSTILITIES TO 
              ELIMINATE THE PROHIBITION ON IMMIGRATION BENEFITS FOR 
              SURVIVING FAMILY MEMBERS AND TO PROVIDE SUCH BENEFITS FOR 
              SPOUSES AND CHILDREN.

    (a) In General.--Section 329A(e) of the Immigration and Nationality 
Act (8 U.S.C. 1440-1(e)) is amended to read as follows:
    ``(e) Immigration Status of Spouse and Children.--
            ``(1) For purposes of immigration status under this Act, 
        the spouse and children of a person granted posthumous 
        citizenship under this section shall be eligible for 
        immigration status on the basis of such posthumous citizenship 
        under this section.
            ``(2) For purposes of petitions and applications for 
        immigration status required to be filed under this Act on 
        behalf of any spouse and children by a person granted 
        posthumous citizenship, the spouse and children shall be 
        permitted to self-petition for such benefits as if filed by the 
        person granted posthumous citizenship. Any requirement under 
        this Act for an affidavit of support pursuant to such a 
        petition or application shall be waived.''.
    (b) Application.--The amendment made by subsection (a) shall apply 
to with respect to grants of posthumous citizenship after September 11, 
2001.
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