H.R. 1954 · 108th Congress
Armed Forces Naturalization Act of 2003
- Stage
- Passed a chamber
- Sponsor
- F. Sensenbrenner
- Introduced
- 2003-05-06
- Latest action
- 2003-06-16 · Committee on the Judiciary. Reported by Senator Hatch with an amendment in the nature of a substitute. Without written report.
Summary
Armed Forces Naturalization Act of 2003 - (Sec. 2) Amends the Immigration and Nationality Act, with respect to naturalization through armed forces service during nonhostile periods, to reduce the required service from three years to one year.Prohibits imposition of naturalization application or certificate fees and related State documentation fees for armed forces members seeking to naturalize.Permits revocation of citizenship, including posthumous citizenship, for military separation under other than honorable conditions before an individual has served honorably for at least five years.Provides for overseas naturalization proceedings for members of the armed forces.(Sec. 3) Prohibits imposition of a fee from a person seeking posthumous citizenship for a member of the armed forces who died from injury or disease incurred while serving honorably on active military service during a period of hostilities.Retains immediate relative status for the alien spouse (until remarriage), child (under 21 years old and unmarried), or parent (lawfully authorized to be in the United States on the day of the armed forces member's death) of a person granted posthumous U.S. citizenship through death from injury or disease incurred while serving honorably on active military service during a period of hostilities (posthumous citizen). Permits family member self-petitions for immigrant status in instances where the armed forces member had not filed prior to death. (Requires a petition for a child under 18 years old to be filed by a parent or legal guardian.) Requires all related petitions to be filed within two years of the granting of posthumous citizenship. Converts previously filed petitions for family sponsored immigrant status to immediate relative status upon granting of posthumous citizenship. Waives public charge grounds of inadmissibility. Makes such provisions applicable to the surviving spouse, child, and parent of a person who died on or after September 11, 2001.Permits a permanent resident surviving spouse of a posthumous citizen who died on or after September 11, 2001, to immediately apply for naturalization.(Sec. 4) Treats the alien spouse (until remarriage), child (under 21 years old and unmarried), or parent of a U.S. citizen who died on or after September 11, 2001, from injury or disease incurred while serving honorably on active military service during a period of hostilities as a valid petitioner for immediate family status. (States that the military branch of the deceased citizen shall determine whether appropriate requirements were satisfied.) Maintains the validity of an immediate relative petition filed prior to the citizen's death. Permits surviving spouse, child, or parent (lawfully authorized to be in the United States on the day of the citizen's death) self-petitions for immigrant status. (Requires a petition for a child under 18 years old to be filed by a parent or legal guardian.) Requires all related petitions to be filed within two years of the citizen's death. Waives public charge grounds of inadmissibility.Replaces specified references to "Attorney General" with "Secretary of Homeland Security.".