[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 46 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                 H. R. 46

      To amend the Immigration and Nationality Act to provide for 
nonimmigrant status for an alien who is the parent or legal guardian of 
 a United States citizen child if the child was born abroad and is the 
  child of a deceased member of the Armed Forces of the United States.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 5, 2011

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

_______________________________________________________________________

                                 A BILL


 
      To amend the Immigration and Nationality Act to provide for 
nonimmigrant status for an alien who is the parent or legal guardian of 
 a United States citizen child if the child was born abroad and is the 
  child of a deceased member of the Armed Forces of the United States.

    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 ``Fallen Heroes Family Act of 2011''.

SEC. 2. NONIMMIGRANT STATUS FOR ALIEN PARENT OF U.S. CITIZEN CHILD OF 
              DECEASED MEMBER OF ARMED FORCES.

    Section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)) is amended--
            (1) in subparagraph (U), by striking ``or'' at the end;
            (2) in subparagraph (V), by striking the period at the end 
        and inserting ``; or''; and
            (3) by adding at the end the following:
            ``(W) subject to section 214(s), an alien who is the parent 
        of a child who--
                    ``(i) is a United States citizen;
                    ``(ii) was born outside the United States and its 
                outlying possessions; and
                    ``(iii) had a natural parent who--
                            ``(I) served honorably in an active-duty 
                        status in the military, air, or naval forces of 
                        the United States; and
                            ``(II) died on or after September 11, 2001, 
                        as a result of injury or disease incurred in or 
                        aggravated by that service.''.

SEC. 3. PARENT TO INCLUDE LEGAL GUARDIAN.

    Section 101(b)(2) of the Immigration and Nationality Act (8 U.S.C. 
1101(b)(2)) is amended by adding at the end the following: ``For 
purposes of subsection (a)(15)(W) and section 201(b)(2)(A)(i), the term 
`parent' includes a legal guardian or other person standing in loco 
parentis.''.

SEC. 4. CONDITIONS ON ADMISSION.

    Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184) 
is amended by adding at the end the following:
    ``(s)(1) In the case of a nonimmigrant described in section 
101(a)(15)(W), the Secretary of Homeland Security shall authorize the 
nonimmigrant to engage in employment in the United States during the 
period of authorized admission and shall provide the nonimmigrant with 
an `employment authorized' endorsement or other appropriate document 
signifying authorization of employment.
    ``(2) The period of authorized admission of such a nonimmigrant 
shall terminate on the date that is 180 days after the 21st birthday of 
the child described in section 101(a)(15)(W), except that if the child 
files a petition under section 204(a)(1)(A)(i) to classify the 
nonimmigrant as an immediate relative before such date, such period 
shall terminate on the date that is 30 days after the date on which 
such petition is denied.
    ``(3) Not more than 1 alien may be admitted to the United States as 
a nonimmigrant with regard to each child described in section 
101(a)(15)(W), unless an alien previously so admitted with respect to 
that child has died.''.
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