Prohibits imposition of naturalization application or certificate fees and related State documentation fees for armed forces members seeking to naturalize.
Provides for overseas naturalization proceedings for members of the armed forces.
Directs the Secretary of Defense to prescribe a policy that facilitates the opportunity for a member to finalize naturalization for which the member has applied.
(Sec. 3) Qualifies the Selective Reserve of the Ready Reserve for such naturalization benefits.
(Sec. 4) Retains the immediate relative status for the alien spouse (until remarriage), child, or parent of a U.S. citizen who served honorably in active duty status and died from injury or disease incurred in or aggravated by combat. Requires petition filing within two years of such death.
Permits child or parent petitions for immigrant status in instances where the armed forces member had not filed prior to death.
States that an application for status adjustment by the alien spouse, child, or parent of an alien member who was granted service-related posthumous citizenship may be adjudicated as if the death had not occurred. Requires application filing prior to such death.
Treats the spouse, child, or parent of a lawful permanent resident who was granted service-related posthumous citizenship as a valid petitioner for immediate family status. Requires petition filing within two years of such death.
Permits such aliens to apply for permanent resident status adjustment.
Waives public charge inadmissibility grounds for such spouses, children, or parents. Authorizes the Secretary of Homeland Security to waive on an individual basis inadmissibility provisions concerning aliens present without admission or parole, lacking documentation, or unlawfully present, if the alien establishes exceptional and extremely unusual hardship to the alien or the alien's spouse, parent, or child who is a U.S. citizen or lawful permanent resident alien.
(Sec. 5) Provides that a request for the granting of posthumous citizenship to a member of the armed forces who died from an active service-related injury or disease incurred during a period of military hostilities may be filed: (1) upon locating the next-of-kin, and if so requested by the next-of-kin, by the Secretary of Defense (or designee) with the Bureau of Citizenship and Immigration Services in the Department of Homeland Security immediately upon the death of that person; or (2) by the next-of-kin. (Current law provides for such filing only by the next-of-kin or other representative.)
Requires the Director of the Bureau of Citizenship and Immigration Services to approve a request for posthumous citizenship filed by the next-of-kin if: (1) the request is filed within two years after the later of enactment of this section or the date of the person's death, whichever is later; (2) the request is accompanied by a duly authenticated certificate from the executive department under which the person served attesting to the person's honorable service and service-related death; and (3) the Director finds that the person satisfied certain enlistment location or post-enlistment status requirements. (Current law provides for approval by the Attorney General within two years after the later of March 6, 1990, or the person's death.)
States that the Director (currently the Attorney General) shall send the documentation of posthumous citizenship to the next-of-kin.
(Sec. 6) Makes this Act effective as if enacted on September 11, 2001.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1954 Introduced in House (IH)]
108th CONGRESS
1st Session
H. R. 1954
To revise the provisions of the Immigration and Nationality Act
relating to naturalization through service in the Armed Forces, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 6, 2003
Mr. Sensenbrenner (for himself, Mr. Coble, Mr. Flake, Mr. Gutierrez,
Mr. Hastings of Washington, Mr. Issa, Mr. Jenkins, Mr. Jones of North
Carolina, Mr. Keller, Mr. Conyers, Ms. Jackson-Lee of Texas, and Mr.
Berman) introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To revise the provisions of the Immigration and Nationality Act
relating to naturalization through service in the Armed Forces, 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 ``Armed Forces Naturalization Act of
2003''.
SEC. 2. NATURALIZATION THROUGH SERVICE IN ARMED FORCES.
(a) Reduction of Period for Required Service.--Section 328(a) of
the Immigration and Nationality Act (8 U.S.C. 1439(a)) is amended by
striking ``three years,'' and inserting ``one year,''.
(b) Prohibition on Imposition of Fees Relating to Naturalization.--
Title III of the Immigration and Nationality Act (8 U.S.C. 1401 et
seq.) is amended--
(1) in section 328(b)--
(A) in paragraph (3)--
(i) by striking ``honorable. The'' and
inserting ``honorable (the''; and
(ii) by striking ``discharge.'' and
inserting ``discharge); and''; and
(B) by adding at the end the following:
``(4) notwithstanding any other provision of law, no fee
shall be charged or collected from the person for filing the
application, or for the issuance of a certificate of
naturalization upon being granted citizenship, and no clerk of
any State court shall charge or collect any fee for such
services unless the laws of the State require such charge to be
made, in which case nothing more than the portion of the fee
required to be paid to the State shall be charged or
collected.''; and
(2) in section 329(b)--
(A) in paragraph (2), by striking ``and'' at the
end;
(B) in paragraph (3), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(4) notwithstanding any other provision of law, no fee
shall be charged or collected from the person for filing the
application, or for the issuance of a certificate of
naturalization upon being granted citizenship, and no clerk of
any State court shall charge or collect any fee for such
services unless the laws of the State require such charge to be
made, in which case nothing more than the portion of the fee
required to be paid to the State shall be charged or
collected.''.
(c) Naturalization Proceedings Overseas for Members of Armed
Forces.--Notwithstanding any other provision of law, the Secretary of
Homeland Security, the Secretary of State, and the Secretary of Defense
shall ensure that any applications, interviews, filings, oaths,
ceremonies, or other proceedings under title III of the Immigration and
Nationality Act (8 U.S.C. 1401 et seq.) relating to naturalization of
members of the Armed Forces are available, to the maximum extent
practicable, through United States embassies, consulates, and United
States military installations overseas.
(d) Technical Amendment.--Section 328(b)(3) of the Immigration and
Nationality Act (8 U.S.C. 1439(b)(3)) is amended by striking ``Attorney
General,'' and inserting ``Secretary of Homeland Security,''.
SEC. 3. POSTHUMOUS CITIZENSHIP THROUGH DEATH WHILE ON ACTIVE-DUTY
SERVICE IN ARMED FORCES.
(a) In General.--Section 329A of the Immigration and Nationality
Act (8 U.S.C. 1440-1) is amended by striking subsection (e) and
inserting the following:
``(e) Prohibition on Imposition of Fees.--Notwithstanding any other
provision of law, no fee shall be charged or collected from a person
for filing a request for the granting of posthumous citizenship under
subsection (c), or for the issuance of a document under subsection (d).
``(f) Benefits for Survivors.--
``(1) Spouses.--Notwithstanding the second sentence
of section 201(b)(2)(A)(i), a person who is the surviving spouse of a
person granted posthumous citizenship under this section, and who was
living in marital union with the citizen spouse at the time of death,
shall be considered, for purposes of section 201(b), to remain an
immediate relative after the date of the citizen's death, but only
until the date on which the surviving spouse remarries.
``(2) Children.--Notwithstanding the second sentence of
section 201(b)(2)(A)(i), a person who is the surviving child of
a person granted posthumous citizenship under this section, and
who is an unmarried person under 21 years of age on the date on
which the petition under paragraph (4) is filed, shall be
considered, for purposes of section 201(b), to remain an
immediate relative after the date of the citizen's death
(regardless of changes in age or marital status after such
filing date).
``(3) Parents.--Notwithstanding the first sentence of
section 201(b)(2)(A)(i), a person who is the surviving parent
of a person granted posthumous citizenship under this section
shall be considered, for purposes of section 201(b), to remain
an immediate relative after the date of the citizen's death,
and the requirement that the citizen be at least 21 years of
age shall not apply.
``(4) Self-petitions.--
``(A) In general.--In the case of a surviving
spouse, child, or parent who remains an immediate
relative after the date of a citizen's death pursuant
to paragraph (1), (2), or (3), any petition under
section 204 otherwise required to be filed by the
citizen to classify the spouse, child, or parent under
section 201(b)(2)(A)(i) may be filed instead by the
spouse, child, or parent.
``(B) Minor children.--In the case of a child under
18 years of age on the filing date, the petition
described in subparagraph (A) shall be filed on behalf
of the child by a parent or legal guardian of the
child.
``(5) Deadline.--Paragraphs (1) through (4) shall apply
only if the petition under paragraph (4) is filed not later
than 2 years after the date on which the request under
subsection (c) is granted.
``(6) Conversion of petitions.--In the case of a petition
under section 204 initially filed for an alien's classification
as a family-sponsored immigrant under section 203(a)(2)(A),
based on the alien's spouse or parent being lawfully admitted
for permanent residence, upon the grant of posthumous
citizenship under this section to the petitioner, the Secretary
of Homeland Security--
``(A) shall convert such petition to a petition
filed under paragraph (4) to classify the alien as an
immediate relative under subsection (b)(2)(A)(i);
``(B) shall ensure that the priority date assigned
upon receipt of the original petition is maintained;
and
``(C) otherwise shall treat the date on which the
request under subsection (c) is granted as the petition
filing date for purposes of this subsection.
``(7) Waiver of public charge ground for inadmissibility.--
In determining the admissibility of any alien accorded an
immigration benefit under this subsection, the grounds for
inadmissibility specified in section 212(a)(4) shall not apply.
``(8) No benefits for other relatives.--Nothing in this
section shall be construed as providing for any benefit under
this Act for any relative of a person granted posthumous
citizenship under this section who is not treated as a spouse,
child, or parent under this subsection.''.
(b) Technical Amendments.--Section 329A of the Immigration and
Nationality Act (8 U.S.C. 1440-1) is amended by striking ``Attorney
General'' each place such term appears and inserting ``Secretary of
Homeland Security''.
SEC. 4. IMMIGRATION BENEFITS FOR SURVIVING ALIEN SPOUSES, CHILDREN, AND
PARENTS OF CITIZENS WHO DIE WHILE ON ACTIVE DUTY.
(a) Treatment As Immediate Relatives.--Section 201(f) of the
Immigration and Nationality Act (8 U.S.C. 1151(f)) is amended by adding
at the end the following:
``(4) Surviving alien spouses, children, and parents of
citizens who die while on active-duty service in armed
forces.--
``(A) Benefits for survivors.--
``(i) In general.--The benefits under this
paragraph shall apply only to a surviving
spouse, child, or parent of a person who, while
a citizen of the United States--
``(I) served honorably in an
active-duty status in the military,
air, or naval forces of the United
States during any period described in
the first sentence of section 329(a);
and
``(II) died as a result of injury
or disease incurred in or aggravated by
such service.
``(ii) Determinations.--The executive
department under which the citizen so served
shall determine whether the citizen satisfied the requirements of this
subparagraph.
``(B) Spouses.--Notwithstanding the second sentence
of subsection (b)(2)(A)(i), a person who is a surviving
spouse described in subparagraph (A), and who was
living in marital union with the citizen described in
such subparagraph at the time of death, shall be
considered, for purposes of subsection (b), to remain
an immediate relative after the date of the citizen's
death, but only until the date on which the surviving
spouse remarries. In all other respects, the provisions
of subsection (b)(2)(A)(i) and section 204(a)(1)(A)(ii)
shall apply to such a surviving spouse.
``(C) Children.--Notwithstanding the second
sentence of subsection (b)(2)(A)(i), a person who is a
surviving child described in subparagraph (A), and who
is an unmarried person under 21 years of age on the
date on which a petition described in subparagraph (E)
to classify the alien as an immediate relative is
filed, shall be considered, for purposes of subsection
(b), to remain an immediate relative after the date of
the citizen's death (regardless of changes in age or
marital status after such filing date).
``(D) Parents.--Notwithstanding the first sentence
of subsection (b)(2)(A)(i), a person who is a surviving
parent described in subparagraph (A) shall be
considered, for purposes of subsection (b), to remain
an immediate relative after the date of the citizen's
death, and the requirement that the citizen be at least
21 years of age shall not apply.
``(E) Treatment of petitions with respect to
children and parents.--
``(i) Continuation of petitions.--A
petition properly filed on behalf of a child or
parent under section 204(a)(1)(A)(i) by a
citizen described in subparagraph (A) prior to
the citizen's death shall be valid to classify
the child or parent as an immediate relative
pursuant to this paragraph. No new petition
shall be required to be filed, and any priority
date assigned prior to the death shall be
maintained.
``(ii) Self-petitions.--In the case of a
surviving child or parent who remains an
immediate relative after the date of a
citizen's death pursuant to subparagraph (C) or
(D), any petition under section 204 otherwise
required to be filed by the citizen to classify
the child or parent under subsection
(b)(2)(A)(i) may be filed instead by the child
or parent.
``(iii) Minor children.--In the case of a
child under 18 years of age on the filing date,
the petition described in clause (ii) shall be
filed on behalf of the child by a parent or
legal guardian of the child.
``(iv) Deadline.--In the case of petition
under clause (ii), subparagraphs (C) and (D)
shall apply only if the petition described in
such clause is filed not later than 2 years
after the date of the citizen's death.
``(F) Waiver of public charge ground for
inadmissibility.--In determining the admissibility of
any alien accorded an immigration benefit under this
paragraph, the grounds for inadmissibility specified in
section 212(a)(4) shall not apply.''.
(b) Technical Amendment.--Section 201(f)(1) of the Immigration and
Nationality Act (8 U.S.C. 201(f)(1)) is amended by striking ``Attorney
General'' and inserting ``Secretary of Homeland Security''.
SEC. 5. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), this Act and
the amendments made by this Act shall take effect as if enacted on
September 11, 2001.
(b) Fees.--The amendments made by this Act to sections 328 through
329A of the Immigration and Nationality Act (8 U.S.C. 1439-1440-1),
insofar as such amendments prohibit the imposition of a fee--
(1) shall take effect on the date of the enactment of this
Act; and
(2) shall not be construed to require the refund or return
of any fee collected before such date.
<all>
Subcommittee on Immigration, Border Security, and Claims Discharged.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by Voice Vote.
Reported (Amended) by the Committee on Judiciary. H. Rept. 108-111.
Reported (Amended) by the Committee on Judiciary. H. Rept. 108-111.
Placed on the Union Calendar, Calendar No. 57.
Mr. Sensenbrenner moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H4899-4910)
DEBATE - The House proceeded with forty minutes of debate on H.R. 1954.
At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
Considered as unfinished business. (consideration: CR H4921)
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Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 414 - 5 (Roll no. 239).(text: CR H4899-4901)
On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 414 - 5 (Roll no. 239). (text: CR H4899-4901)
Roll Call #239 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate.
Read twice and referred to the Committee on the Judiciary.
Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.
Committee on the Judiciary. Reported by Senator Hatch with an amendment in the nature of a substitute. Without written report.
Committee on the Judiciary. Reported by Senator Hatch with an amendment in the nature of a substitute. Without written report.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 142.