Public Description:
The bill would expedite the naturalization process for certain lawful permanent residents (LPRs) who have served honorably in the U.S. military. In addition, it would facilitate the removal of conditional status for certain LPRs who have served in the military for at least one year, along with their family members, and prohibit the deportation of an alien who served honorably in the military, unless such deportation is specifically approved by the Director of USCIS or the Assistant Secretary for ICE.
Additionally, section four of this legislation waives certain grounds of inadmissibility and grounds for deportation for any alien who has ever served honorably in the U.S. military, along with the alien's spouse, minor children, adult children, parents, and minor siblings. These “grounds” include whether or not the alien: 1) is or is likely to become a public charge; 2) has failed to comply with certain labor certification requirements; 3) entered the United States illegally; 4) entered the United States without proper documentation; or 5) is subject to the three or ten-year ban on reentry due to prior illegal residence. Furthermore, it authorizes the Secretary of Homeland Security or the Attorney General to waive all other grounds of inadmissibility or deportation, including prior criminal convictions, except those specifically relating to terrorism and drug trafficking.
Section five of this legislation exempts the spouse and minor children of any LPR serving in the U.S. military from annual numerical green card caps. Essentially, these spouses and children would be treated as if they are the spouses and children of U.S. citizens and admitted without numerical limits.
Section six requires DHS to grant amnesty to the spouse, minor and adult children, parents, and minor siblings of any: 1) U.S. citizen serving in the military; 2) U.S. citizen who served in the military during any period designated as an armed conflict with a hostile foreign force, beginning with World War I; or 3) alien who is eligible for naturalization because of his or her service in the U.S. military. The family members would continue to be eligible for amnesty for two years after the death of the member of the military if such death was "the result of injury or disease incurred in or aggravated by his or her service in the Armed Forces." Moreover, this opens the door for additional chain migration by providing posthumous naturalization benefits for up to 2 years after the death of the service member (the widow/widower can potentially remarry creating another chain of migration).
To amend the Immigration and Nationality Act to protect the well-being of soldiers and their families, and for other purposes.
