[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2293 Reported in House (RH)]






                                                  Union Calendar No. 53
109th CONGRESS
  1st Session
                                H. R. 2293

                          [Report No. 109-99]

 To provide special immigrant status for aliens serving as translators 
                  with the United States Armed Forces.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 11, 2005

 Mr. Hostettler (for himself and Mr. Hunter) introduced the following 
       bill; which was referred to the Committee on the Judiciary

                              May 26, 2005

              Additional sponsor: Ms. Jackson-Lee of Texas

                              May 26, 2005

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
 To provide special immigrant status for aliens serving as translators 
                  with the United States Armed Forces.

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

<DELETED>SECTION 1. SPECIAL IMMIGRANT STATUS FOR PERSONS SERVING AS 
              TRANSLATORS WITH UNITED STATES ARMED FORCES.</DELETED>

<DELETED>    (a) In General.--For purposes of the Immigration and 
Nationality Act (8 U.S.C. 1101 et seq.), subject to subsection (c)(1), 
the Secretary of Homeland Security may provide an alien described in 
subsection (b) with the status of a special immigrant under section 
101(a)(27) of such Act (8 U.S.C. 1101(a(27)), if the alien--</DELETED>
        <DELETED>    (1) files with the Secretary of Homeland Security 
        a petition under section 204 of such Act (8 U.S.C. 1154) for 
        classification under section 203(b)(4) of such Act (8 U.S.C. 
        1153(b)(4)); and</DELETED>
        <DELETED>    (2) is otherwise eligible to receive an immigrant 
        visa and is otherwise admissible to the United States for 
        permanent residence, except in determining such admissibility, 
        the grounds for inadmissibility specified in section 212(a)(4) 
        of such Act (8 U.S.C. 1182(a)(4)) shall not apply.</DELETED>
<DELETED>    (b) Aliens Described.--</DELETED>
        <DELETED>    (1) Principal aliens.--An alien is described in 
        this subsection if the alien--</DELETED>
                <DELETED>    (A) is a national of Iraq or 
                Afghanistan;</DELETED>
                <DELETED>    (B) worked directly with United States 
                Armed Forces as a translator for a period of at least 
                12 months;</DELETED>
                <DELETED>    (C) obtained a favorable written 
                recommendation from the first General or Flag officer 
                in the chain of command of the United States Armed 
                Forces unit that was supported by the alien; 
                and</DELETED>
                <DELETED>    (D) prior to filing the petition described 
                in subsection (a)(1), cleared a background check and 
                screening, as determined by the first General or Flag 
                officer in the chain of command of the United States 
                Armed Forces unit that was supported by the 
                alien.</DELETED>
        <DELETED>    (2) Spouses and children.--An alien is described 
        in this subsection if the alien is the spouse or child of a 
        principal alien described in paragraph (1), and is following or 
        accompanying to join the principal alien.</DELETED>
<DELETED>    (c) Numerical Limitations.--</DELETED>
        <DELETED>    (1) In general.--The total number of principal 
        aliens who may be provided special immigrant status under this 
        section shall not exceed 50.</DELETED>
        <DELETED>    (2) Counting against special immigrant cap.--For 
        purposes of the application of sections 201 through 203 of the 
        Immigration and Nationality Act (8 U.S.C. 1151-1153) in any 
        fiscal year, aliens eligible to be provided status under this 
        section shall be treated as special immigrants described in 
        section 101(a)(27) of such Act (8 U.S.C. 1101(a)(27)) who are 
        not described in subparagraph (A), (B), (C), or (K) of such 
        section.</DELETED>
<DELETED>    (d) Application of Immigration and Nationality Act 
Provisions.--The definitions in subsections (a) and (b) of section 101 
of the Immigration and Nationality Act (8 U.S.C. 1101) shall apply in 
the administration of this section.</DELETED>

SECTION 1. SPECIAL IMMIGRANT STATUS FOR PERSONS SERVING AS TRANSLATORS 
              WITH UNITED STATES ARMED FORCES.

    (a) In General.--For purposes of the Immigration and Nationality 
Act (8 U.S.C. 1101 et seq.), subject to subsection (c)(1), the 
Secretary of Homeland Security may provide an alien described in 
subsection (b) with the status of a special immigrant under section 
101(a)(27) of such Act (8 U.S.C. 1101(a(27)), if the alien--
            (1) files with the Secretary of Homeland Security a 
        petition under section 204 of such Act (8 U.S.C. 1154) for 
        classification under section 203(b)(4) of such Act (8 U.S.C. 
        1153(b)(4)); and
            (2) is otherwise eligible to receive an immigrant visa and 
        is otherwise admissible to the United States for permanent 
        residence, except in determining such admissibility, the 
        grounds for inadmissibility specified in section 212(a)(4) of 
        such Act (8 U.S.C. 1182(a)(4)) shall not apply.
    (b) Aliens Described.--
            (1) Principal aliens.--An alien is described in this 
        subsection if the alien--
                    (A) is a national of Iraq or Afghanistan;
                    (B) worked directly with United States Armed Forces 
                as a translator for a period of at least 12 months;
                    (C) obtained a favorable written recommendation 
                from the first General or Flag officer in the chain of 
                command of the United States Armed Forces unit that was 
                supported by the alien; and
                    (D) prior to filing the petition described in 
                subsection (a)(1), cleared a background check and 
                screening, as determined by the first General or Flag 
                officer in the chain of command of the United States 
                Armed Forces unit that was supported by the alien.
            (2) Spouses and children.--An alien is described in this 
        subsection if the alien is the spouse or child of a principal 
        alien described in paragraph (1), and is following or 
        accompanying to join the principal alien.
    (c) Numerical Limitations.--
            (1) In general.--The total number of principal aliens who 
        may be provided special immigrant status under this section 
        during any fiscal year shall not exceed 50.
            (2) Counting against special immigrant cap.--For purposes 
        of the application of sections 201 through 203 of the 
        Immigration and Nationality Act (8 U.S.C. 1151-1153) in any 
        fiscal year, aliens eligible to be provided status under this 
        section shall be treated as special immigrants described in 
        section 101(a)(27) of such Act (8 U.S.C. 1101(a)(27)) who are 
        not described in subparagraph (A), (B), (C), or (K) of such 
        section.
    (d) Application of Immigration and Nationality Act Provisions.--The 
definitions in subsections (a) and (b) of section 101 of the 
Immigration and Nationality Act (8 U.S.C. 1101) shall apply in the 
administration of this section.
                                                  Union Calendar No. 53

109th CONGRESS

  1st Session

                               H. R. 2293

                          [Report No. 109-99]

_______________________________________________________________________

                                 A BILL

 To provide special immigrant status for aliens serving as translators 
                  with the United States Armed Forces.

_______________________________________________________________________

                              May 26, 2005

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed