Military Families Act - Amends the Immigration and Nationality Act to direct the Secretary of Homeland Security (DHS) to adjust the status of an eligible alien to that of an alien lawfully admitted for permanent residence if the alien: (1) applies for adjustment (with a time limit for an alien applying as a family member of a deceased Armed Forces member), (2) is admissible to the United States as an immigrant, and (3) is physically present in the United States.
Applies such provision to an alien who is: (1) a parent, spouse, child, son, daughter, or the legal guardian of a child of a living Armed Forces member or of a deceased Armed Forces member who died as a result of service-incurred injury or disease; or (2) the spouse, child, son, or daughter of an alien described in clause (1).
Defines "Armed Forces member" as a person who: (1) is, or was at the time of the person's death, a U.S. national or lawfully admitted permanent resident; (2) served honorably on or after October 7, 2001, as a member of the National Guard or the Selected Reserve of the Ready Reserve, or in an active-duty status in the U.S. military; and (3) if separated from service was separated under honorable conditions.
Waives specified grounds of inadmissibility and authorizes the waiver of additional grounds of inadmissibility.
Filipino Veterans Family Reunification Act - Amends the Immigration and Nationality Act to exempt from worldwide or numerical limitations on immigrant visas the sons and daughters of Filipino World War II veterans who were naturalized under the Immigration Act of 1990 or other specified federal law.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1109 Introduced in Senate (IS)]
112th CONGRESS
1st Session
S. 1109
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 SENATE OF THE UNITED STATES
May 26, 2011
Mr. Menendez (for himself, Mr. Reid, Mr. Durbin, Mr. Schumer, Mr.
Leahy, Mr. Akaka, Mr. Bennet, Mrs. Gillibrand, and Mr. Inouye)
introduced the following bill; which was read twice and 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).''.
<all>
Introduced in Senate
Read twice and referred to the Committee on the Judiciary.
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