[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2638 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 2638

 To authorize the adjustment of status for immediate family members of 
  individuals who served honorably in the Armed Forces of the United 
    States during the Afghanistan and Iraq conflicts, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 25, 2011

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

_______________________________________________________________________

                                 A BILL


 
 To authorize the adjustment of status for immediate family members of 
  individuals who served honorably in the Armed Forces of the United 
    States during the Afghanistan and Iraq conflicts, 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 ``Military Families Act''.

SEC. 2. PERMANENT RESIDENT STATUS FOR FAMILY MEMBERS OF MEMBERS OF THE 
              ARMED FORCES.

    (a) In General.--Section 245 of the Immigration and Nationality Act 
(8 U.S.C. 1255) is amended by adding at the end the following:
    ``(n) Adjustment of Status for Immediate Family Members of Members 
of the Armed Forces.--
            ``(1) In general.--The Secretary of Homeland Security shall 
        adjust the status of an alien described in paragraph (2) to 
        that of an alien lawfully admitted for permanent residence if 
        the alien--
                    ``(A) applies for such adjustment;
                    ``(B) is admissible to the United States as an 
                immigrant, except as provided in paragraph (4); and
                    ``(C) is physically present in the United States.
            ``(2) Aliens eligible for adjustment of status.--An alien 
        described in this paragraph is an alien--
                    ``(A) who is a parent, spouse, child, son, 
                daughter, or the legal guardian of a child of--
                            ``(i) a living Armed Forces member; or
                            ``(ii) a deceased Armed Forces member if--
                                    ``(I) the Armed Forces member died 
                                as a result of injury or disease 
                                incurred in, or aggravated by, the 
                                Armed Forces member's service; and
                                    ``(II) the alien applies for such 
                                adjustment--
                                            ``(aa) if the death of the 
                                        Armed Forces member occurred 
                                        prior to the date of the 
                                        enactment of the Military 
                                        Families Act, not later than 2 
                                        years after such date of 
                                        enactment; or
                                            ``(bb) if the death of the 
                                        Armed Forces member occurred 
                                        after the date of the enactment 
                                        of the Military Families Act, 
                                        not later than 2 years after 
                                        the death of the Armed Forces 
                                        member; or
                    ``(B) who is the spouse, child, son, or daughter of 
                an alien described in subparagraph (A).
            ``(3) Armed forces member defined.--In this subsection, the 
        term `Armed Forces member' means an individual who--
                    ``(A) is, or was at the time of the individual's 
                death described in paragraph (2)(B)(ii)(I), a national 
                of the United States or lawfully admitted for permanent 
                residence;
                    ``(B) on or after October 7, 2001, served as a 
                member of--
                            ``(i) the Armed Forces on active duty;
                            ``(ii) the National Guard; or
                            ``(iii) the Selected Reserve of the Ready 
                        Reserve; and
                    ``(C) if separated from the service described in 
                subparagraph (B), was separated under honorable 
                conditions.
            ``(4) Inapplicability of certain grounds of 
        inadmissibility.--
                    ``(A) In general.--The provisions of paragraphs 
                (4), (5), (6)(A), (7)(A), and (9)(B) of section 212(a) 
                shall not apply to an adjustment of status made 
                pursuant to this subsection.
                    ``(B) Waiver.--The Secretary of Homeland Security 
                or the Attorney General, as appropriate, may waive any 
                other provision of section 212(a) (other than paragraph 
                (2)(C) and subparagraphs (A), (B), (C), (E), and (F) of 
                paragraph (3)) with respect to an adjustment of status 
                made pursuant to this subsection--
                            ``(i) for humanitarian purposes;
                            ``(ii) to assure family unity; or
                            ``(iii) if such waiver is otherwise in the 
                        public interest.
            ``(5) Fee authority.--The Secretary of Homeland Security or 
        the Secretary of State, as appropriate, may establish a fee 
        pursuant to section 9701 of title 31, United States Code, for 
        the processing of an application for an adjustment of status 
        made pursuant to this subsection.
            ``(6) Jurisdiction.--
                    ``(A) Secretary of homeland security.--Except as 
                provided in subparagraph (B), the Secretary of Homeland 
                Security shall have exclusive jurisdiction to determine 
                eligibility for an adjustment of status made pursuant 
                to this subsection.
                    ``(B) Attorney general.--Notwithstanding paragraph 
                (1) or subparagraph (A), in cases in which an alien has 
                been placed into deportation, exclusion, or removal 
                proceedings, either prior to or after filing an 
                application for an adjustment of status pursuant to 
                this subsection, the Attorney General shall have 
                exclusive jurisdiction and shall assume all the powers 
                and duties of the Secretary of Homeland Security until 
                proceedings are terminated, or if a final order of 
                deportation, exclusion, or removal is entered.''.
    (b) 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 provided permanent residence status under 
        section 245(n).''.

SEC. 3. FILIPINO VETERANS FAMILY REUNIFICATION.

    (a) Short Title.--This section may be cited as the ``Filipino 
Veterans Family Reunification Act''.
    (b) Exception From Direct Numerical Limitations.--Section 201(b)(1) 
of the Immigration and Nationality Act (8 U.S.C. 1151(b)(1)), as 
amended by section 2(b), is further amended by adding at the end the 
following:
            ``(G) Aliens who--
                    ``(i) are eligible for a visa under paragraph (1) 
                or (3) of section 203(a); and
                    ``(ii) have a parent (regardless of whether the 
                parent is living or dead) who was naturalized pursuant 
                to--
                            ``(I) section 405 of the Immigration Act of 
                        1990 (Public Law 101-649; 8 U.S.C. 1440 note); 
                        or
                            ``(II) title III of the Act of October 14, 
                        1940 (54 Stat. 1137, chapter 876), as added by 
                        section 1001 of the Second War Powers Act, 1942 
                        (56 Stat. 182, chapter 199).''.
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