[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1799 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 1799

 To amend the Immigration and Nationality Act to waive the requirement 
of 2 years of marriage for a spouse to self-petition to be an immediate 
 relative in the case of spouses of citizens killed in service in the 
     Armed Forces and to prohibit any fees relating to posthumous 
   citizenship for aliens killed while on active duty service during 
                    periods of military hostilities.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 11, 2003

 Mr. Jones of North Carolina introduced the following bill; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend the Immigration and Nationality Act to waive the requirement 
of 2 years of marriage for a spouse to self-petition to be an immediate 
 relative in the case of spouses of citizens killed in service in the 
     Armed Forces and to prohibit any fees relating to posthumous 
   citizenship for aliens killed while on active duty service during 
                    periods of military hostilities.

    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 ``Fallen Heroes Immigrant Spouse 
Fairness Act of 2003''.

SEC. 2. WAIVER OF 2 YEAR MARRIAGE REQUIREMENT TO SELF-PETITION TO BE AN 
              IMMEDIATE RELATIVE FOR SPOUSES OF CITIZENS KILLED IN 
              SERVICE IN THE ARMED SERVICES.

    (a) In General.--Section 201(b)(2)(A)(i) of the Immigration and 
Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)) is amended by inserting 
after ``for at least 2 years at the time of the citizen's death'' the 
following: ``or for any period in the case of a citizen spouse who dies 
during a period of honorable service in the Armed Forces of the United 
States as a result of injury or disease incurred in or aggravated by 
such service''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on September 11, 2001, and shall apply to citizen spouses 
who die on or after such date.

SEC. 3. PROHIBITION ON FEES RELATING TO POSTHUMOUS CITIZENSHIP THROUGH 
              DEATH WHILE ON ACTIVE DUTY SERVICE DURING PERIODS OF 
              MILITARY HOSTILITIES.

    (a) In General.--Section 329A of the Immigration and Nationality 
Act (8 U.S.C. 1440-1) is amended by adding at the end the following new 
subsection:
    ``(f) Prohibition on Imposition of Fees.--Notwithstanding any other 
provision of law, no fee shall be charged or collected for filing an 
application under this section or for the issuance of a suitable 
document under subsection (d).''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to the imposition of fees on or after such date (not later than 
60 days after the date of the enactment of this Act) as the Secretary 
of Homeland Security shall provide.
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