[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2382 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 2382
To amend the Immigration and Nationality Act to recognize the service
of veterans of the armed forces by providing a more navigable and
accommodating pathway for veterans honorably discharged from the United
States military to naturalize and seek citizenship, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 8, 2021
Ms. Barragan (for herself and Mr. Gallego) introduced the following
bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Immigration and Nationality Act to recognize the service
of veterans of the armed forces by providing a more navigable and
accommodating pathway for veterans honorably discharged from the United
States military to naturalize and seek citizenship, 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 ``Veterans' Pathway to Citizenship Act
of 2021''.
SEC. 2. NATURALIZATION OF VETERANS DURING PERIODS OF HOSTILITIES.
(a) Naturalization of Veterans During Periods of Hostilities.--
Section 329 of the Immigration and Nationality Act (8 U.S.C. 1440) is
amended by adding at the end the following:
``(d) Remedies.--
``(1) Immigration status.--
``(A) Assumption of lawful permanent resident
status.--For purposes of this title, any current or
former member of the Armed Forces who would be eligible
for naturalization under this section but is not by
reason of a failure to complete a specified period of
residence or physical presence within the United States
under this title or failure to maintain status as a
lawful permanent resident shall, upon application for
naturalization, be deemed to be a lawful permanent
resident and to have fulfilled any residency and
physical presence requirements solely for purposes of
such current or former member's application for
naturalization.
``(B) Prior removals.--In the case of any current
or former member of the Armed Forces who is seeking
naturalization under this section, no prior removal may
be taken into account for purposes of eligibility for
any immigration benefit or in determining
deportability, or inadmissibility, including for
purposes of the application of sections 212(a)(9) and
318.
``(2) Pardons.--
``(A) In general.--Except as provided in
subparagraph (B), in the case of a current or former
member of the Armed Forces who receives a pardon for an
offense, that offense may not be taken into account for
purposes of an application for naturalization under
this section, including as to--
``(i) requirements under section 212; and
``(ii) requirements under section 316.
Such benefit shall apply only as to the current or
former member's application for naturalization.
``(B) Exception.--Subparagraph (A) shall not apply
if the offense pardoned was the same offense that
caused that former member's separation from the Armed
Forces in any manner other than honorable.
``(3) Notice program.--
``(A) Upon enlistment.--Every military recruiter or
officer overseeing an enlistment shall provide to every
recruit proper notice of that recruit's options for
naturalization under this title, and shall inform the
recruit of existing programs or services that may aid
in the recruit's naturalization process, including
directing the recruit to the Judge Advocate General or
other designated point-of-contact for naturalization.
``(B) Upon discharge.--The Secretary of Homeland
Security, acting through the Director of the United
States Customs and Immigration Services, and in
coordination with the Secretary of Defense, shall
provide to every former member of the Armed Forces,
upon separation from the Armed Forces, an adequate
notice of that former member's options for
naturalization under this title, and shall inform that
former member of existing programs and services that
may aid in the naturalization process. The Secretary
shall issue along with this notice a copy of each form
required for naturalization and a copy of the
certification of honorable service required under
subsection (b)(3), at no expense to that former member.
``(4) Application automatically filed.--When the current or
former member who would be eligible for naturalization under
this section becomes eligible for such naturalization, the
Secretary of Homeland Security, in coordination with the
Secretary of Defense shall notify the member of his or her
eligibility, and shall, unless the member requests the
Secretary of Homeland Security not do so, submit an application
for the naturalization on behalf of that member.
``(5) Veteran's application to be given treatment as though
timely filed.--In the case of any current or former member of
the Armed Forces who would be eligible for naturalization under
this section but is not by reason of a failure or inability to
timely file application for naturalization, the Director of
United States Customs and Immigration Services shall review any
application for naturalization submitted by or on behalf of the
former member as if it were completed and timely filed.''.
(b) Prospective Repeal.--Section 329 of the Immigration and
Nationality Act (8 U.S.C. 1440) is amended by striking subsection
(d)(5).
(c) Applicability.--
(1) Effective date of amendment.--The amendment made by
subsection (a) shall take effect beginning on the date of
enactment of this Act.
(2) Effective date of repeal.--The amendment made by
subsection (b) shall take effect beginning 1 year after the
date of enactment of this Act.
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