[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1850 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 1850

 To provide for automatic naturalization for noncitizen members of the 
     Armed Forces ordered to serve in a combat zone, and to extend 
  immigration benefits to surviving spouses, children, and parents of 
 persons granted posthumous citizenship through death while on active-
                   duty service in the Armed Forces.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 29, 2003

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

_______________________________________________________________________

                                 A BILL


 
 To provide for automatic naturalization for noncitizen members of the 
     Armed Forces ordered to serve in a combat zone, and to extend 
  immigration benefits to surviving spouses, children, and parents of 
 persons granted posthumous citizenship through death while on active-
                   duty service in the Armed Forces.

    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 ``Fairness for America's Heroes Act''.

SEC. 2. NATURALIZATION THROUGH COMBAT ZONE SERVICE IN ARMED FORCES.

    Section 329 of the Immigration and Nationality Act (8 U.S.C. 1440) 
is amended--
            (1) by redesignating subsection (c) as subsection (d); and
            (2) by inserting after subsection (b) the following:
    ``(c)(1) Any person eligible under paragraph (3) who, while an 
alien or a noncitizen national of the United States, performs active 
service as a member below the grade of commissioned officer in the 
Armed Forces of the United States in a combat zone (as defined in 
section 112(c) of the Internal Revenue Code of 1986 (26 U.S.C. 112(c))) 
shall be admitted to citizenship without regard to any other provision 
of this title upon the commencement of such service.
    ``(2) The executive department issuing the order for the service 
described in paragraph (1) shall, at the time of such issuance, inform 
the person of the benefits available under this subsection and of the 
procedure established by such department for satisfying the requirement 
of paragraph (3).
    ``(3) In order to be eligible for naturalization under this 
subsection, a person shall inform the executive department issuing the 
order for the service described in paragraph (1) that the person 
desires to be admitted to citizenship in accordance with this 
subsection upon the commencement of such service.
    ``(4) The appropriate executive department shall notify the 
Secretary of Homeland Security when a person has been naturalized in 
accordance with this subsection and of the effective date of such 
naturalization. The Secretary of Homeland Security, not later than 30 
days after receipt of such notification, shall issue to the person a 
certificate of naturalization reflecting such date and any other 
information the Secretary determines to be appropriate.''.

SEC. 3. IMMIGRATION BENEFITS FOR SURVIVORS OF PERSONS GRANTED 
              POSTHUMOUS CITIZENSHIP THROUGH DEATH WHILE ON ACTIVE-DUTY 
              SERVICE.

    Section 329A(e) of the Immigration and Nationality Act (8 U.S.C. 
1440-1(e)) is amended to read as follows:
    ``(e) Benefits for Survivors.--
            ``(1) In general.--Subject to this subsection, any 
        immigration benefit available under Federal law to a spouse, 
        child, or parent of a citizen of the United States shall be 
        available to a spouse, child, or parent of a person granted 
        posthumous citizenship under this section as if the person's 
        death had not occurred.
            ``(2) Spouse.--For purposes of this Act, a person shall be 
        considered a spouse of a person granted posthumous citizenship 
        under this section if the person was not legally separated from 
        the citizen at the time of the citizen's death.
            ``(3) Children.--For purposes of this Act, a person shall 
        be considered a child of a person granted posthumous 
        citizenship under this section if the person would have been 
        considered a child (as defined in section 101(b)(1)) at the 
        time of the citizen's death.
            ``(4) Parents.--For purposes of section 201(b)(2)(A)(i), 
        the requirement that the citizen be at least 21 years of age 
        shall not apply in the case of a parent of a person granted 
        posthumous citizenship under this section.
            ``(5) Self-petitions.--For purposes of petitions and 
        applications for immigration benefits required to be filed 
        under this Act on behalf of a spouse, child, or parent by a 
        citizen of the United States, the spouse, child, or parent 
        shall be permitted to self-petition for such benefits as if 
        filed by the person granted posthumous citizenship under this 
        section. Any requirement under this Act for an affidavit of 
        support pursuant to such a petition or application shall be 
        waived.
            ``(6) No benefits for other relatives.--Nothing in this 
        section or section 319(d) shall be construed as providing for 
        any benefit under this Act for any relative of a person granted 
        posthumous citizenship under this section who is not treated as 
        a spouse, child, or parent under this subsection.''.

SEC. 4. EFFECTIVE DATE.

    The amendments made by this Act shall take effect as if enacted on 
September 11, 2001.
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