Military Families Unification Act of 2003

Military Families Unification Act of 2003 - Exempts certain spouses and children of qualifying active duty Philippine enlistees in the United States Navy from prohibitions under the Immigration and Nationality Act on: (1) admission based on unlawful presence; or (2) relief based upon failure to voluntarily depart.

Provides such aliens with work authorization.

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 723 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 723

 To except spouses and children of Philippine servicemen in the United 
States Navy from bars to admission and relief under the Immigration and 
                            Nationality Act.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 12, 2003

 Mr. Cunningham (for himself and Mr. Filner) introduced the following 
       bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To except spouses and children of Philippine servicemen in the United 
States Navy from bars to admission and relief under the Immigration and 
                            Nationality Act.

    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 Unification Act of 
2003''.

SEC. 2. EXCEPTIONS FOR QUALIFYING RELATIVES OF PHILIPPINE SERVICEMEN IN 
              THE UNITED STATES NAVY.

    (a) Exception to the Bars to Admission for Aliens Unlawfully 
Present in the United States.--No period of time during which an alien 
is a qualifying relative of a Philippine enlistee shall be taken into 
account in determining the period of unlawful presence in the United 
States under section 212(a)(9)(B)(i) of the Immigration and Nationality 
Act (8 U.S.C. 1182(a)(9)(B)(i)).
    (b) Exception to the Penalties for Failure To Depart.--An alien 
permitted by the Attorney General to depart voluntarily shall not be 
made ineligible for any relief under the Immigration and Nationality 
Act by virtue of remaining in the United States after the scheduled 
date of departure if--
            (1) the scheduled date of departure was on or after April 
        1, 1997; and
            (2) the alien was a qualifying relative of a Philippine 
        enlistee on such scheduled date of departure and is such a 
        qualifying relative at the time of the application for relief.
    (c) Work Authorization.--The Attorney General shall provide 
qualifying relatives of Philippine enlistees of suitable age with work 
authorization (including an ``employment authorized'' endorsement or 
other appropriate work permit).
    (d) Philippine Enlistees.--
            (1) Defined.--For purposes of this section, the term 
        ``Philippine enlistee'' means an alien who--
                    (A) was recruited and enlisted in the United States 
                Navy pursuant to article XXVIII of the March 14, 1947, 
                United States-Philippines Military Bases Agreement, as 
                amended, which expired on September 16, 1991;
                    (B) was born in and is a citizen of the 
                Philippines; and
                    (C) is on active duty for a fixed term of 
                enlistment (or reenlistment, if the individual's 
                enlistment in the United States Navy was pursuant to 
                such Agreement) and is in good standing with honorable 
                service.
            (2) Verification of status.--In determining whether an 
        alien is a Philippine enlistee, the Attorney General and the 
        Secretary of State shall request from the Secretary of Defense, 
        through the Department of the Navy, verification of such 
        alien's date of enlistment under such Agreement, the term of 
        enlistment, the current enlistment status, citizenship, and 
        claimed dependents.
    (e) Qualifying Relative Defined.--For purposes of this section, the 
term ``qualifying relative'' means--
            (1) a child (as defined in section 101(b)(1) of the 
        Immigration and Nationality Act, 8 U.S.C. 1101(b)(1)), or
            (2) a spouse.
    (f) Effective Date; Sunset.--This section is effective on the date 
that is 45 days after the date of the enactment of this Act and shall 
remain in effect through December 31, 2008, and thereafter with respect 
to beneficiaries who have unadjudicated applications for relief filed 
on or before October 1, 2005.
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