HR 46

112th CONGRESS
1st Session

H. R. 46

To amend the Immigration and Nationality Act to provide for nonimmigrant status for an alien who is the parent or legal guardian of a United States citizen child if the child was born abroad and is the child of a deceased member of the Armed Forces of the United States.

IN THE HOUSE OF REPRESENTATIVES

January 5, 2011

Mr. ISSA introduced the following bill; which was referred to the Committee on the Judiciary

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A BILL

To amend the Immigration and Nationality Act to provide for nonimmigrant status for an alien who is the parent or legal guardian of a United States citizen child if the child was born abroad and is the child of a deceased member of the Armed Forces of the United States.

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 Family Act of 2011'.

SEC. 2. NONIMMIGRANT STATUS FOR ALIEN PARENT OF U.S. CITIZEN CHILD OF DECEASED MEMBER OF ARMED FORCES.

Section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) is amended--

(1) in subparagraph (U), by striking `or' at the end;

(2) in subparagraph (V), by striking the period at the end and inserting `; or'; and

(3) by adding at the end the following:

`(W) subject to section 214(s), an alien who is the parent of a child who--

`(i) is a United States citizen;

`(ii) was born outside the United States and its outlying possessions; and

`(iii) had a natural parent who--

`(I) served honorably in an active-duty status in the military, air, or naval forces of the United States; and

`(II) died on or after September 11, 2001, as a result of injury or disease incurred in or aggravated by that service.'.

SEC. 3. PARENT TO INCLUDE LEGAL GUARDIAN.

Section 101(b)(2) of the Immigration and Nationality Act (8 U.S.C. 1101(b)(2)) is amended by adding at the end the following: `For purposes of subsection (a)(15)(W) and section 201(b)(2)(A)(i), the term `parent' includes a legal guardian or other person standing in loco parentis.'.

SEC. 4. CONDITIONS ON ADMISSION.

Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184) is amended by adding at the end the following:

`(s)(1) In the case of a nonimmigrant described in section 101(a)(15)(W), the Secretary of Homeland Security shall authorize the nonimmigrant to engage in employment in the United States during the period of authorized admission and shall provide the nonimmigrant with an `employment authorized' endorsement or other appropriate document signifying authorization of employment.

`(2) The period of authorized admission of such a nonimmigrant shall terminate on the date that is 180 days after the 21st birthday of the child described in section 101(a)(15)(W), except that if the child files a petition under section 204(a)(1)(A)(i) to classify the nonimmigrant as an immediate relative before such date, such period shall terminate on the date that is 30 days after the date on which such petition is denied.

`(3) Not more than 1 alien may be admitted to the United States as a nonimmigrant with regard to each child described in section 101(a)(15)(W), unless an alien previously so admitted with respect to that child has died.'.

END