[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 661 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 661

    To provide for naturalization through service in a combat zone 
 designated in connection with Operation Iraqi Freedom, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 8, 2005

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

_______________________________________________________________________

                                 A BILL


 
    To provide for naturalization through service in a combat zone 
 designated in connection with Operation Iraqi Freedom, 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 ``Riayan Tejeda Memorial Act of 
2005''.

SEC. 2. REQUIREMENTS FOR NATURALIZATION THROUGH SERVICE IN COMBAT ZONE 
              DURING OPERATION IRAQI FREEDOM.

    (a) In General.--An alien described in subsection (b) may be 
naturalized without regard to the requirements of title III of the 
Immigration and Nationality Act (8 U.S.C. 1401 et seq.) if the alien--
            (1) files an application for naturalization in accordance 
        such procedures to carry out this section as may be established 
        by regulation by the Secretary of Homeland Security; and
            (2) takes the oath required by section 337 of such Act (8 
        U.S.C. 1448) in accordance with such procedures.
    (b) Aliens Described.--An alien described in this subsection is an 
alien who--
            (1) while an alien or noncitizen national of the United 
        States, served honorably for any period of time in the Army, 
        Navy, Air Force, Marine Corps (including reserve components), 
        or in the Coast Guard or Coast Guard Reserve, in a combat zone 
        designated in connection with Operation Iraqi Freedom; and
            (2) if separated from such service, was never separated 
        except under honorable conditions.
    (c) Prohibition on Imposition of Fees Relating to Naturalization.--
Notwithstanding any other provision of law, no fee shall be charged or 
collected from an applicant under this section for filing an 
application 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.
    (d) 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 this section are available 
through United States embassies, consulates, and as practicable, United 
States military installations overseas.

SEC. 3. 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 for any period of time in the Army, Navy, Air Force, 
        Marine Corps (including reserve components), or in the Coast 
        Guard or Coast Guard Reserve, in a combat zone designated in 
        connection with Operation Iraqi Freedom 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 
                for any period of time in the Army, Navy, Air Force, 
                Marine Corps (including reserve components), or in the 
                Coast Guard or Coast Guard Reserve, in a combat zone 
                designated in connection with Operation Iraqi Freedom 
                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 for any period of time in the Army, Navy, Air 
                Force, Marine Corps (including reserve components), or 
                in the Coast Guard or Coast Guard Reserve, in a combat 
                zone designated in connection with Operation Iraqi 
                Freedom 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 for any period of time in the 
                Army, Navy, Air Force, Marine Corps (including reserve 
                components), or in the Coast Guard or Coast Guard 
                Reserve, in a combat zone designated in connection with 
                Operation Iraqi Freedom;
                    (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 for any period of time in the 
                Army, Navy, Air Force, Marine Corps (including reserve 
                components), or in the Coast Guard or Coast Guard 
                Reserve, in a combat zone designated in connection with 
                Operation Iraqi Freedom;
                    (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 for any period of time in the 
                Army, Navy, Air Force, Marine Corps (including reserve 
                components), or in the Coast Guard or Coast Guard 
                Reserve, in a combat zone designated in connection with 
                Operation Iraqi Freedom;
                    (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) Inapplicability of Prohibition on Benefits to Survivors.--
Section 329A(e) of the Immigration and Nationality Act (8 U.S.C. 1440-
1) shall not apply to the benefits granted under this Act to relatives 
of a person granted posthumous citizenship by reason of service in the 
Army, Navy, Air Force, Marine Corps (including reserve components), or 
in the Coast Guard or Coast Guard Reserve, in a combat zone designated 
in connection with Operation Iraqi Freedom.
    (h) Naturalization of Survivors.--Any person who is the surviving 
spouse, child, or parent of a United States citizen, whose citizen 
spouse, parent, or child dies during a period of honorable service in 
the Army, Navy, Air Force, Marine Corps (including reserve components), 
or in the Coast Guard or Coast Guard Reserve, in a combat zone 
designated in connection with Operation Iraqi Freedom, and who, in the 
case of a surviving spouse, was living in marital union with the 
citizen spouse at the time of death, may be naturalized upon compliance 
with all the requirements of title III of the Immigration and 
Nationality Act (8 U.S.C. 1401 et seq.) except that no prior residence 
or specified physical presence within the United States, or within a 
State or a district of the Service in the United States shall be 
required.

SEC. 4. PRIORITY FOR NATURALIZATION APPLICATIONS.

    In processing applications for naturalization, the Secretary of 
Homeland Security shall give priority to--
            (1) applications filed under section 2 of this Act; and
            (2) applications filed under title III of the Immigration 
        and Nationality Act (8 U.S.C. 1401 et seq.) for naturalization 
        of a parent, spouse, or child of a person who has served 
        honorably in the Army, Navy, Air Force, Marine Corps (including 
        reserve components), or in the Coast Guard or Coast Guard 
        Reserve, in a combat zone designated in connection with 
        Operation Iraqi Freedom.
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