[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3761 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 3761

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

                           December 20, 2011

Mr. Thompson of California (for himself, Ms. Zoe Lofgren of California, 
 Mr. Reyes, Mr. Conyers, Mr. Berman, Mr. Gutierrez, Mr. Grijalva, Mr. 
Filner, Mrs. Napolitano, Ms. Linda T. Sanchez of California, Mr. Honda, 
Ms. Roybal-Allard, and Ms. Ros-Lehtinen) introduced the following bill; 
 which was referred to the Committee on the Judiciary, and in addition 
  to the Committee on Armed Services, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 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. SHORT TITLE.

    This Act may be cited as the ``Support and Defend Our Military 
Personnel and Their Families Act''.

SEC. 2. FACILITATING NATURALIZATION FOR MILITARY PERSONNEL.

    (a) In General.--Any person who has served honorably as a member of 
the Armed Forces of the United States in support of a contingency 
operation (as defined in section 101(a)(13) of title 10, United States 
Code), and who, if separated from the Armed Forces, was separated under 
honorable conditions, may be naturalized as provided in section 329 of 
the Immigration and Nationality Act (8 U.S.C. 1440) as though the 
person had served during a period designated by the President under 
such section.
    (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''; and
            (2) in subsection (d), by striking ``six months'' and 
        inserting ``one year''.

SEC. 3. 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) of section 203(a) and are the 
                spouse, child, son, or daughter of an alien who is 
                serving in the Armed Forces of the United States.''.

SEC. 4. RELIEF FOR IMMEDIATE FAMILY MEMBERS OF ACTIVE DUTY PERSONNEL.

    Section 245 of the Immigration and Nationality Act (8 U.S.C. 1255) 
is amended by adding at the end the following:
    ``(n) Relief for Immediate Family Members of Active Duty 
Personnel.--
            ``(1) In general.--The Secretary of Homeland Security may 
        adjust the status of an alien described in paragraph (2) to 
        that of an alien lawfully admitted for permanent residence if--
                    ``(A) the alien makes an application for such 
                adjustment, and is physically present in the United 
                States on the date the application is filed;
                    ``(B) the alien is eligible to receive an immigrant 
                visa and is admissible under section 212(a) (except 
                that paragraphs (4), (6)(A), (7)(A), and (9)(B) of such 
                section shall not apply for purposes of this 
                subsection);
                    ``(C) an immigrant visa is immediately available to 
                the alien at the time the application is filed; and
                    ``(D) the alien pays a fee, as determined by the 
                Secretary, for the processing of such application.
            ``(2) Eligible aliens.--
                    ``(A) In general.--The benefits provided in 
                paragraph (1) shall apply only to an alien who is a 
                parent, spouse, child, son, daughter, or minor sibling 
                of an eligible member of the Armed Forces.
                    ``(B) Posthumous benefits.--An alien described in 
                subparagraph (A) shall continue to be eligible for 
                adjustment under this subsection 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 
                or, if such death occurred prior to the date of 
                enactment of this paragraph, for 2 years after such 
                date of enactment.
            ``(3) Eligible members of the armed forces.--In this 
        subsection, `eligible member of the Armed Forces' means any 
        person who--
                    ``(A) has served honorably in an active duty status 
                in the Armed Forces of the United States; and
                    ``(B) if separated from the service described in 
                subparagraph (A), was separated under honorable 
                conditions.''.

SEC. 5. MILITARY ENLISTMENT DURING MILITARY OPERATIONS AND NATIONAL 
              EMERGENCIES.

    Section 504(b)(1) of title 10, United States Code, is amended by 
adding at the end the following:
                    ``(D) An alien who, during any period of 
                contingency operations (as defined in section 
                101(a)(13) of title 10, United States Code), takes the 
                following oath: `I, _________, do solemnly swear (or 
                affirm), that (i) I am loyal to and will defend the 
                United States of America and bear true faith and 
                allegiance to the same; (ii) I support and will defend 
                the Constitution and the laws of the United States 
                against all enemies, foreign and domestic; and (iii) I 
                intend to renounce entirely all allegiance to any other 
                nation and promply seek naturalization as provided 
                under law as soon as I am permitted to do so.'''.

SEC. 6. FACTORS TO CONSIDER IN INITIATING REMOVAL PROCEEDINGS AGAINST 
              ACTIVE DUTY MILITARY PERSONNEL AND VETERANS.

    Section 239 of the Immigration and Nationality Act (8 U.S.C. 1229) 
is amended by adding at the end the following:
    ``(f) Considerations for Active Duty Military Personnel and 
Veterans.--(1) A notice to appear shall not be issued against an alien 
who has served honorably at any time in the Armed Forces of the United 
States, and who, if separated from the Armed Forces, separated under 
honorable conditions, without prior approval from the Secretary of 
Homeland Security.
    ``(2) In determining whether to issue a notice to appear against 
such an alien, the 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 Forces, the alien, and his or her family 
if the alien were to be placed in removal proceedings.
    ``(3) An alien who has served honorably in the Armed Forces of the 
United States, and who, if separated from the Armed Forces, 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).''.
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