[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1799 Introduced in House (IH)]
108th CONGRESS
1st Session
H. R. 1799
To amend the Immigration and Nationality Act to waive the requirement
of 2 years of marriage for a spouse to self-petition to be an immediate
relative in the case of spouses of citizens killed in service in the
Armed Forces and to prohibit any fees relating to posthumous
citizenship for aliens killed while on active duty service during
periods of military hostilities.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 11, 2003
Mr. Jones of North Carolina introduced the following bill; which was
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Immigration and Nationality Act to waive the requirement
of 2 years of marriage for a spouse to self-petition to be an immediate
relative in the case of spouses of citizens killed in service in the
Armed Forces and to prohibit any fees relating to posthumous
citizenship for aliens killed while on active duty service during
periods of military hostilities.
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 ``Fallen Heroes Immigrant Spouse
Fairness Act of 2003''.
SEC. 2. WAIVER OF 2 YEAR MARRIAGE REQUIREMENT TO SELF-PETITION TO BE AN
IMMEDIATE RELATIVE FOR SPOUSES OF CITIZENS KILLED IN
SERVICE IN THE ARMED SERVICES.
(a) In General.--Section 201(b)(2)(A)(i) of the Immigration and
Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)) is amended by inserting
after ``for at least 2 years at the time of the citizen's death'' the
following: ``or for any period in the case of a citizen spouse who dies
during a period of honorable service in the Armed Forces of the United
States as a result of injury or disease incurred in or aggravated by
such service''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on September 11, 2001, and shall apply to citizen spouses
who die on or after such date.
SEC. 3. PROHIBITION ON FEES RELATING TO POSTHUMOUS CITIZENSHIP THROUGH
DEATH WHILE ON ACTIVE DUTY SERVICE DURING PERIODS OF
MILITARY HOSTILITIES.
(a) In General.--Section 329A of the Immigration and Nationality
Act (8 U.S.C. 1440-1) is amended by adding at the end the following new
subsection:
``(f) Prohibition on Imposition of Fees.--Notwithstanding any other
provision of law, no fee shall be charged or collected for filing an
application under this section or for the issuance of a suitable
document under subsection (d).''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to the imposition of fees on or after such date (not later than
60 days after the date of the enactment of this Act) as the Secretary
of Homeland Security shall provide.
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