II 110th CONGRESS 2d Session S. 3453 IN THE SENATE OF THE UNITED STATES September 8, 2008 Mr. Menendez introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To authorize the adjustment of status for immediate family members of aliens who served honorably in the Armed Forces of the United States during the Afghanistan and Iraq conflicts.

1.

Permanent resident status for immediate family members of active duty military service personnel

(a)

In general

The Secretary of Homeland Security or the Attorney General may 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; (2)is admissible to the United States as an immigrant, except as provided in subsection (d); (3)pays a fee in an amount determined by the Secretary for the processing of such application (unless such fee is waived by the Secretary); and (4)is physically present in the United States. (b)

Aliens Eligible for Adjustment of Status

The benefits provided under subsection (a) shall only apply to an alien who is— (1)a parent, spouse, child, son or daughter (and their spouse, child, son, or daughter, if any) of— (A)a living Armed Forces member described in subsection (c); or (B)a deceased Armed Forces member described in subsection (c) if— (i)the Armed Forces member died as a result of injury or disease incurred in or aggravated by his or her service; and (ii)the alien applies for such adjustment not later than 2 years after the death of the Armed Forces member; or (2)a son or daughter described in paragraph (1) or (3) of section 203(a) of the Immigration and Nationality Act (8 U.S.C. 1153(a)) who has a Filipino parent who was naturalized pursuant to section 405 of the Immigration Act of 1990 (8 U.S.C. 1440 note). (c)

Armed Forces member defined

In this section, the term Armed Forces member means any person who— (1)is, or was at the time of the person’s death described in subsection (b)(1)(B), a United States citizen or lawful permanent resident; (2)is serving, or has served honorably on or after October 7, 2001, as a member of the National Guard or the Selected Reserve of the Ready Reserve, or in an active-duty status in the military, air, or naval forces of the United States; and (3)if separated from the service described in paragraph (2), was separated under honorable conditions. (d)

Waiver of Certain Grounds of Inadmissibility

(1)

In general

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 Act. (2)

Additional waivers

The Secretary of Homeland Security or the Attorney General may waive any other provision of section 212(a) of such Act (other than paragraph (2)(C) and subparagraphs (A), (B), (C), (E), and (F) of paragraph (3)) with respect to an adjustment of status under this Act— (A)for humanitarian purposes; (B)to assure family unity; or (C)if such waiver is otherwise in the public interest. (e)

Date of Approval

Upon the approval of an application for adjustment of status under this Act, the Secretary of Homeland Security shall create a record of the alien’s admission as a lawful permanent resident. (f)

No Offset in Number of Visas Available

(1)

In general

If an alien is granted lawful permanent resident status under this Act, the Secretary of State shall not reduce the number of immigrant visas authorized to be issued under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). (2)

Exemption from direct numerical limitations

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 described in paragraph (1) or (3) of section 203(a) and have a Filipino parent who was naturalized pursuant to section 405 of the Immigration Act of 1990 (8 U.S.C. 1440 note). .