[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 922 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                 S. 922

 To change the requirements for naturalization through service in the 
Armed Forces of the United States, to extend naturalization benefits to 
   members of the Selected Reserve of the Ready Reserve of a reserve 
    component of the Armed Forces, to extend posthumous benefits to 
   surviving spouses, children, and parents, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 11, 2003

  Mr. Reid (for himself, Mr. Kennedy, Mr. Durbin, Mr. Brownback, Mr. 
Coleman, Mr. McCain, Mr. Schumer, Mrs. Boxer, Mr. Leahy, and Mr. Hagel) 
introduced the following bill; which was read twice and referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To change the requirements for naturalization through service in the 
Armed Forces of the United States, to extend naturalization benefits to 
   members of the Selected Reserve of the Ready Reserve of a reserve 
    component of the Armed Forces, to extend posthumous benefits to 
   surviving spouses, children, and parents, and for other purposes.

    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 ``Naturalization and Family Protection 
for Military Members Act of 2003''.

SEC. 2. REQUIREMENTS FOR NATURALIZATION THROUGH SERVICE IN THE ARMED 
              FORCES OF THE UNITED STATES.

    (a) Reduction of Period for Required Service.--Section 328(a) of 
the Immigration and Nationality Act (8 U.S.C. 1439(a)) is amended by 
striking ``three years'' and inserting ``2 years''.
    (b) Prohibition on Imposition of Fees Relating to Naturalization.--
Title III of the Immigration and Nationality Act (8 U.S.C. 1401 et 
seq.) is amended--
            (1) in section 328(b)--
                    (A) in paragraph (3)--
                            (i) by striking ``honorable. The'' and 
                        inserting ``honorable (the''; and
                            (ii) by striking ``discharge.'' and 
                        inserting ``discharge); and''; and
                    (B) by adding at the end the following:
            ``(4) notwithstanding any other provision of law, no fee 
        shall be charged or collected from the applicant for filing a 
        petition for naturalization or for the issuance of a 
        certificate of naturalization upon citizenship being granted to 
        the applicant, and no clerk of any State court shall charge or 
        collect any fee for such services unless the laws of the State 
        require such charge to be made, in which case nothing more than 
        the portion of the fee required to be paid to the State shall 
        be charged or collected.''; and
            (2) in section 329(b)--
                    (A) in paragraph (2), by striking ``and'' at the 
                end;
                    (B) in paragraph (3), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(4) notwithstanding any other provision of law, no fee 
        shall be charged or collected from the applicant for filing a 
        petition for naturalization or for the issuance of a 
        certificate of naturalization upon citizenship being granted to 
        the applicant, and no clerk of any State court shall charge or 
        collect any fee for such services unless the laws of the State 
        require such charge to be made, in which case nothing more than 
        the portion of the fee required to be paid to the State shall 
        be charged or collected.''.
    (c) Naturalization Proceedings Overseas for Members of the Armed 
Forces.--Notwithstanding any other provision of law, the Secretary of 
Homeland Security, the Secretary of State, and the Secretary of Defense 
shall ensure that any applications, interviews, filings, oaths, 
ceremonies, or other proceedings under title III of the Immigration and 
Nationality Act (8 U.S.C. 1401 et seq.) relating to naturalization of 
members of the Armed Forces are available through United States 
embassies, consulates, and as practicable, United States military 
installations overseas.
    (d) Technical and Conforming Amendment.--Section 328(b)(3) of the 
Immigration and Nationality Act (8 U.S.C. 1439(b)(3)) is amended by 
striking ``Attorney General'' and inserting ``Secretary of Homeland 
Security''.

SEC. 3. NATURALIZATION BENEFITS FOR MEMBERS OF THE SELECTED RESERVE OF 
              THE READY RESERVE.

    Section 329(a) of the Immigration and Nationality Act (8 U.S.C. 
1440(a)) is amended by inserting ``as a member of the Selected Reserve 
of the Ready Reserve or'' after ``has served honorably''.

SEC. 4. EXTENSION OF POSTHUMOUS BENEFITS TO SURVIVING SPOUSES, 
              CHILDREN, AND PARENTS.

    (a) Treatment as Immediate Relatives.--
            (1) Spouses.--Notwithstanding the second sentence of 
        section 201(b)(2)(A)(i) of the Immigration and Nationality Act 
        (8 U.S.C. 1151(b)(2)(A)(i)), in the case of an alien who was 
        the spouse of a citizen of the United States at the time of the 
        citizen's death and was not legally separated from the citizen 
        at the time of the citizen's death, if the citizen served 
        honorably in an active duty status in the military, air, or 
        naval forces of the United States and died as a result of 
        injury or disease incurred in or aggravated by that service, 
        the alien (and each child of the alien) shall be considered, 
        for purposes of section 201(b) of such Act, to remain an 
        immediate relative after the date of the citizen's death, but 
        only if the alien files a petition under section 
        204(a)(1)(A)(ii) of such Act within 2 years after such date and 
        only until the date the alien remarries. For purposes of such 
        section 204(a)(1)(A)(ii), an alien granted relief under the 
        preceding sentence shall be considered an alien spouse 
        described in the second sentence of section 201(b)(2)(A)(i) of 
        such Act.
            (2) Children.--
                    (A) In general.--In the case of an alien who was 
                the child of a citizen of the United States at the time 
                of the citizen's death, if the citizen served honorably 
                in an active duty status in the military, air, or naval 
                forces of the United States and died as a result of 
                injury or disease incurred in or aggravated by that 
                service, the alien shall be considered, for purposes of 
section 201(b) of the Immigration and Nationality Act (8 U.S.C. 
1151(b)), to remain an immediate relative after the date of the 
citizen's death (regardless of changes in age or marital status 
thereafter), but only if the alien files a petition under subparagraph 
(B) within 2 years after such date.
                    (B) Petitions.--An alien described in subparagraph 
                (A) may file a petition with the Secretary of Homeland 
                Security for classification of the alien under section 
                201(b)(2)(A)(i) of the Immigration and Nationality Act 
                (8 U.S.C. 1151(b)(2)(A)(i)). For purposes of such Act, 
                such a petition shall be considered a petition filed 
                under section 204(a)(1)(A) of such Act (8 U.S.C. 
                1154(a)(1)(A)).
            (3) Parents.--
                    (A) In general.--In the case of an alien who was 
                the parent of a citizen of the United States at the 
                time of the citizen's death, if the citizen served 
                honorably in an active duty status in the military, 
                air, or naval forces of the United States and died as a 
                result of injury or disease incurred in or aggravated 
                by that service, the alien shall be considered, for 
                purposes of section 201(b) of the Immigration and 
                Nationality Act (8 U.S.C. 1151(b)), to remain an 
                immediate relative after the date of the citizen's 
                death (regardless of changes in age or marital status 
                thereafter), but only if the alien files a petition 
                under subparagraph (B) within 2 years after such date.
                    (B) Petitions.--An alien described in subparagraph 
                (A) may file a petition with the Secretary of Homeland 
                Security for classification of the alien under section 
                201(b)(2)(A)(i) of the Immigration and Nationality Act 
                (8 U.S.C. 1151(b)(2)(A)(i)). For purposes of such Act, 
                such a petition shall be considered a petition filed 
                under section 204(a)(1)(A) of such Act (8 U.S.C. 
                1154(a)(1)(A)).
                    (C) Exception.--Notwithstanding section 
                201(b)(2)(A)(i) of the Immigration and Nationality Act 
                (8 U.S.C. 1151(b)(2)(A)(i)), for purposes of this 
                paragraph, a citizen described in subparagraph (A) does 
                not have to be 21 years of age for a parent to benefit 
                under this paragraph.
    (b) Applications for Adjustment of Status by Surviving Spouses, 
Children, and Parents.--
            (1) In general.--Notwithstanding subsections (a) and (c) of 
        section 245 of the Immigration and Nationality Act (8 U.S.C. 
        1255), any alien who was the spouse, child, or parent of an 
        alien described in paragraph (2), and who applied for 
        adjustment of status prior to the death described in paragraph 
        (2)(B), may have such application adjudicated as if such death 
        had not occurred.
            (2) Alien described.--An alien is described in this 
        paragraph if the alien--
                    (A) served honorably in an active duty status in 
                the military, air, or naval forces of the United 
                States;
                    (B) died as a result of injury or disease incurred 
                in or aggravated by that service; and
                    (C) was granted posthumous citizenship under 
                section 329A of the Immigration and Nationality Act (8 
                U.S.C. 1440-1).
    (c) Spouses and Children of Lawful Permanent Resident Aliens.--
            (1) Treatment as immediate relatives.--
                    (A) In general.--A spouse or child of an alien 
                described in paragraph (3) who is included in a 
                petition for classification as a family-sponsored 
                immigrant under section 203(a)(2) of the Immigration 
                and Nationality Act (8 U.S.C. 1153(a)(2)) that was 
                filed by such alien, shall be considered (if the spouse 
                or child has not been admitted or approved for lawful 
                permanent residence by such date) a valid petitioner 
                for immediate relative status under section 
                201(b)(2)(A)(i) of the Immigration and Nationality Act 
                (8 U.S.C. 1151(b)(2)(A)(i)). Such spouse or child shall 
                be eligible for deferred action, advance parole, and 
                work authorization.
                    (B) Petitions.--An alien spouse or child described 
                in subparagraph (A) may file a petition with the 
                Secretary of Homeland Security for classification of 
                the alien under section 201(b)(2)(A)(i) of the 
                Immigration and Nationality Act (8 U.S.C. 
                1151(b)(2)(A)(i)). For purposes of such Act, such a 
                petition shall be considered a petition filed under 
                section 204(a)(1)(A) of such Act (8 U.S.C. 
                1154(a)(1)(A)).
            (2) Self-petitions.--Any spouse or child of an alien 
        described in paragraph (3) who is not a beneficiary of a 
        petition for classification as a family-sponsored immigrant may 
        file a petition for such classification under section 
        201(b)(2)(A)(i) of the Immigration and Nationality Act (8 
U.S.C. 1151(b)(2)(A)(i)) with the Secretary of Homeland Security, but 
only if the spouse or child files a petition within 2 years after such 
date. Such spouse or child shall be eligible for deferred action, 
advance parole, and work authorization.
            (3) Alien described.--An alien is described in this 
        paragraph if the alien--
                    (A) served honorably in an active duty status in 
                the military, air, or naval forces of the United 
                States;
                    (B) died as a result of injury or disease incurred 
                in or aggravated by that service; and
                    (C) was granted posthumous citizenship under 
                section 329A of the Immigration and Nationality Act (8 
                U.S.C. 1440-1).
    (d) Parents of Lawful Permanent Resident Aliens.--
            (1) Self-petitions.--Any parent of an alien described in 
        paragraph (2) may file a petition for classification under 
        section 201(b)(2)(A)(i) of the Immigration and Nationality Act 
        (8 U.S.C. 1151(b)(2)(A)(i)), but only if the parent files a 
        petition within 2 years after such date. For purposes of such 
        Act, such petition shall be considered a petition filed under 
        section 204(a)(1)(A) of such Act (8 U.S.C. 1154(a)(1)(A)). Such 
        parent shall be eligible for deferred action, advance parole, 
        and work authorization.
            (2) Alien described.--An alien is described in this 
        paragraph if the alien--
                    (A) served honorably in an active duty status in 
                the military, air, or naval forces of the United 
                States;
                    (B) died as a result of injury or disease incurred 
                in or aggravated by that service; and
                    (C) was granted posthumous citizenship under 
                section 329A of the Immigration and Nationality Act (8 
                U.S.C. 1440-1).
    (e) Adjustment of Status.--Notwithstanding subsections (a) and (c) 
of section 245 of the Immigration and Nationality Act (8 U.S.C. 1255), 
an alien physically present in the United States who is the beneficiary 
of a petition under paragraph (1), (2)(B), or (3)(B) of subsection (a), 
paragraph (1)(B) or (2) of subsection (c), or subsection (d)(1) of this 
section, may apply to the Secretary of Homeland Security for adjustment 
of status to that of an alien lawfully admitted for permanent 
residence.
    (f) Waiver of Certain Grounds of Inadmissibility.--In determining 
the admissibility of any alien accorded an immigration benefit under 
this section, the grounds for inadmissibility specified in paragraphs 
(4), (6), (7), and (9) of section 212(a) of the Immigration and 
Nationality Act (8 U.S.C. 1182(a)) shall not apply.
    (g) Benefits to Survivors; Technical Amendment.--Section 329A of 
the Immigration and Nationality Act (8 U.S.C. 1440-1) is amended--
            (1) by striking subsection (e); and
            (2) by striking ``Attorney General'' each place that term 
        appears and inserting ``Secretary of Homeland Security''.
    (h) Technical and Conforming Amendments.--Section 319(d) of the 
Immigration and Nationality Act (8 U.S.C. 1430(d)) is amended--
            (1) by inserting ``, child, or parent'' after ``surviving 
        spouse'';
            (2) by inserting ``, parent, or child'' after ``whose 
        citizen spouse''; and
            (3) by striking ``who was living'' and inserting ``who, in 
        the case of a surviving spouse, was living''.

SEC. 5. EFFECTIVE DATE.

    This Act and the amendments made by this Act shall take effect as 
if enacted on September 11, 2001.
                                 <all>