[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6020 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 6020

To amend the Immigration and Nationality Act to protect the well-being 
        of soldiers and their families, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 8, 2008

    Ms. Zoe Lofgren of California (for herself, Mr. Thornberry, Mr. 
Conyers, Mr. Pence, Ms. Loretta Sanchez of California, Mr. Turner, and 
  Mr. Reyes) introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend the Immigration and Nationality Act to protect the well-being 
        of soldiers and their families, 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. FACILITATING NATURALIZATION FOR MILITARY PERSONNEL.

    (a) In General.--Any person who served honorably as a member of the 
Armed Forces in support of contingency operations (as defined in 
section 101(a)(13) of title 10, United States Code) shall be eligible 
for naturalization pursuant to section 329 of the Immigration and 
Nationality Act (8 U.S.C. 1440) as if the person had served during a 
period designated by the President under such section 329.
    (b) Naturalization Through Service in the Armed Forces of the 
United States.--Section 328 of the Immigration and Nationality Act (8 
U.S.C. 1439) is amended--
            (1) in subsection (a), by striking ``six months'' and 
        inserting ``one year'';
            (2) by striking subsection (c);
            (3) in subsection (d), by striking ``six months'' and 
        inserting ``one year''; and
            (4) by redesignating subsections (d), (e), and (f) as 
        subsections (c), (d), and (e), respectively.

SEC. 2. FACILITATING REMOVAL OF CONDITIONAL STATUS FOR MILITARY 
              PERSONNEL AND THEIR FAMILIES.

    (a) Conditional Basis for Status.--Section 216(a)(1) of the 
Immigration and Nationality Act (8 U.S.C. 1186a(a)(1)) is amended by 
adding before the period at the end ``, unless he or she has served 
honorably in the Armed Forces of the United States for at least one 
year, and who, if separated from such service, was never separated 
except under honorable conditions, or is serving in the Armed Forces at 
the time of filing for removal of conditional basis''.
    (b) Requirements of Timely Petition and Interview for Removal of 
Condition.--Section 216(c)(1)(B) of the Immigration and Nationality Act 
(8 U.S.C. 1186a(a)(1)) is amended by inserting ``or serving in the 
Armed Forces at the time of the interview'' after ``deceased''.

SEC. 3. FACTORS TO CONSIDER IN INITIATING REMOVAL PROCEEDINGS AGAINST 
              ACTIVE DUTY MILITARY PERSONNEL OR VETERANS.

    Section 239 of the Immigration and Nationality Act (8 U.S.C. 1229a) 
is amended by adding at the end the following:
    ``(f)(1) A notice to appear shall not be issued against an alien 
who served honorably at any time in the Armed Forces of the United 
States, and who, if separated from such service, separated under 
honorable conditions, without prior approval from the Director of the 
United States Citizenship and Immigration Services or the Assistant 
Secretary of Homeland Security for U.S. Immigration and Customs 
Enforcement.
    ``(2) In determining whether to issue a notice to appear against 
such an alien, the Director or the Assistant Secretary shall consider 
the alien's eligibility for naturalization under section 328 or 329, as 
well as the alien's record of military service, grounds of 
deportability applicable to the alien, and any hardship to the Armed 
Services, the alien, and his or her family if the alien were to be 
placed in removal proceedings.
    ``(3) An alien who served honorably at any time in the Armed Forces 
of the United States, and who, if separated from such service, 
separated under honorable conditions, shall not be removed from the 
United States under subparagraph (A)(i) or (B)(iii) of section 
235(b)(1), section 238, or section 241(a)(5).''.

SEC. 4. DISCRETIONARY RELIEF FOR ACTIVE DUTY MILITARY PERSONNEL, 
              VETERANS, AND FAMILY MEMBERS IN REMOVAL PROCEEDINGS.

    (a) Grounds of Inadmissibility.--Section 212 of the Immigration and 
Nationality Act (8 U.S.C. 1182) is amended by inserting after 
subsection (b) the following:
    ``(c) Military Service Personnel and Family Members.--
            ``(1) In general.--With respect to an alien who served 
        honorably at any time in the Armed Forces of the United States, 
        and who, if separated from such service, separated under 
        honorable conditions, or an alien who is the spouse, child, 
        son, daughter, parent, or minor sibling of a member serving in 
        the Armed Forces of the United States--
                    ``(A) paragraphs (4), (5), (6)(A), (7)(A), and 
                (9)(B) of subsection (a) shall not apply; and
                    ``(B) the Secretary of Homeland Security, or the 
                Attorney General, may waive any other provision of 
                subsection (a) (other than paragraph (2)(C) and 
                subparagraphs (A), (B), (C), (E), or (F) of paragraph 
                (3)).
            ``(2) Waiver factors.--In making a determination under 
        paragraph (1)(B), the following factors may be considered:
                    ``(A) The grounds of inadmissibility applicable to 
                the alien.
                    ``(B) The alien's service in the United States 
                military, or the degree to which the alien's removal 
                would affect a close family member who is serving or 
                has served in the Armed Forces.
                    ``(C) The length of time the alien has lived in the 
                United States.
                    ``(D) The degree to which the alien would be 
                impacted by his or her removal from the United States.
                    ``(E) The existence of close family ties within the 
                United States.
                    ``(F) The degree to which the alien's removal would 
                adversely affect the alien's United States citizen, or 
                lawful permanent resident, parents, spouses, children, 
                sons, daughters, or siblings.
                    ``(G) The alien's history of employment in the 
                United States, including whether the alien has been 
                self-employed or has owned a business.
                    ``(H) The degree to which the alien's removal would 
                adversely affect the alien's United States employer or 
                business.
                    ``(I) The degree to which the alien has ties to the 
                alien's community in the United States or has 
                contributed to the Nation through community, volunteer, 
                or other activities.''.
    (b) Grounds of Deportability.--Section 237 of the Immigration and 
Nationality Act (8 U.S.C. 1227) is amended by adding at the end the 
following:
    ``(d) Military Service Personnel and Family Members.--
            ``(1) In general.--With respect to an alien who served 
        honorably at any time in the Armed Forces of the United States, 
        and who, if separated from such service, separated under 
        honorable conditions, or an alien who is the spouse, child, 
        son, daughter, parent, or minor sibling of a member serving in 
        the Armed Forces of the United States--
                    ``(A) paragraphs (1)(D), (3)(A), and (5) of 
                subsection (a) shall not apply; and
                    ``(B) the Secretary of Homeland Security, or the 
                Attorney General, may waive paragraphs (1) (other than 
                subparagraph (D)), (2), (3) (other than subparagraph 
                (A)), and (6) of subsection (a).
            ``(2) Waiver factors.--In making a determination under 
        paragraph (1)(B), the following factors may be considered:
                    ``(A) The grounds of deportability applicable to 
                the alien.
                    ``(B) The alien's service in the United States 
                military, or the degree to which the alien's removal 
                would affect a close family member who is serving or 
                has served in the Armed Forces.
                    ``(C) The length of time the alien has lived in the 
                United States.
                    ``(D) The degree to which the alien would be 
                impacted by his or her removal from the United States.
                    ``(E) The existence of close family ties within the 
                United States.
                    ``(F) The degree to which the alien's removal would 
                adversely affect the alien's United States citizen, or 
                lawful permanent resident, parents, spouses, children, 
                sons, daughters, or siblings.
                    ``(G) The alien's history of employment in the 
                United States, including whether the alien has been 
                self-employed or has owned a business.
                    ``(H) The degree to which the alien's removal would 
                adversely affect the aliens United States employer or 
                business.
                    ``(I) The degree to which the alien has ties to the 
                alien's community in the United States or has 
                contributed to the Nation through community, volunteer, 
                or other activities.''.

SEC. 5. TIMELY REUNIFICATION OF MILITARY PERSONNEL AND THEIR NUCLEAR 
              FAMILIES.

    Section 201(b)(1) of the Immigration and Nationality Act (8 U.S.C. 
1151(b)(1)) is amended by adding at the end the following:
            ``(F) Aliens who are eligible for an immigrant visa under 
        paragraph (2)(A) of section 203(a) and are either the spouse or 
        child of an alien who is serving in the Armed Forces of the 
        United States.''.

SEC. 6. RELIEF FOR IMMEDIATE FAMILY MEMBERS OF ACTIVE DUTY PERSONNEL.

    (a) In General.--The Secretary of Homeland Security shall adjust 
the status of an alien described in subsection (b) to that of an alien 
lawfully admitted for permanent residence if the alien--
            (1) applies for such adjustment, and is physically present 
        in the United States on the date the application is filed;
            (2) is admissible to the United States as an immigrant, 
        except as provided in subsection (e); and
            (3) pays a fee, as determined by the Secretary, for the 
        processing of such application.
    (b) Eligible Aliens.--
            (1) In general.--The benefits provided in subsection (a) 
        shall apply only to an alien who is a parent, spouse, child, 
        son or daughter, or minor sibling of an eligible member of the 
        Armed Forces, as defined in subsection (c).
            (2) Posthumous benefits.--An alien described in paragraph 
        (1) shall continue to be eligible for adjustment under this 
        section for 2 years after the death of an eligible member of 
        the Armed Forces whose death was the result of injury or 
        disease incurred in or aggravated by his or her service in the 
        Armed Forces.
    (c) Eligible Members of the Armed Forces.--In this section, 
``eligible member of the Armed Forces'' shall include--
            (1) a United States citizen who is serving or has served 
        honorably as a member of the Selected Reserve of the Ready 
        Reserve or in an active-duty status in the military, air, or 
        naval forces of the United States during either World War I or 
        during a period beginning September 1, 1939, and ending 
        December 31, 1946, or during a period beginning June 25, 1950, 
        and ending July 1, 1955, or during a period beginning February 
        28, 1961, and ending on a date designated by the President by 
        Executive order as of the date of termination of the Vietnam 
        hostilities, or thereafter during any other period which the 
        President by Executive order shall designate as a period in 
        which Armed Forces of the United States are or were engaged in 
        military operations involving armed conflict with a hostile 
        foreign force, and who, if separated from such service, was 
        separated under honorable conditions; or
            (2) any person who is eligible for naturalization through 
        active duty service in the Armed Forces pursuant to section 329 
        of the Immigration and Nationality Act.
    (d) Waiver of Certain Grounds of Inadmissibility.--The provisions 
of paragraphs (4), (5), (6)(A), (7)(A), and (9)(B) of section 212(a) of 
the Immigration and Nationality Act (8 U.S.C. 1182(a)) shall not apply 
to adjustment of status under this section. With respect to such an 
adjustment of status, the Secretary of Homeland Security may waive any 
other provision of such section 212(a) (other than paragraph (2)(C) and 
subparagraphs (A), (B), (C), (E), or (F) of paragraph (3)) for 
humanitarian purposes, to assure family unity, or when it is otherwise 
in the public interest.
                                 <all>