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The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress, and was published on Oct 3, 2008.
Lance Corporal Jose Gutierrez Act of 2008 - (Sec. 2) States that any person who served honorably as a member of the U.S. Armed Forces (Armed Forces) in support of contingency operations shall be eligible for naturalization as if the person had served during a period of presidentially-designated military hostilities.
Amends the Immigration and Nationality Act to extend the period for filing a naturalization application to one year after completion of eligible military service.
(Sec. 3) Permits a conditional permanent resident alien who is a member of the Selected Reserve or an active-duty member of the Armed Forces to file the petition to remove conditional status during the six month period after service discharge.
Exempts a U.S. citizen soldier who is married to a conditional permanent residents from having to appear at an in-person interview for their spouses' removal of conditional status.
(Sec. 4) Sets forth factors to be considered in initiating removal proceedings against active duty members of the Armed Forces or veterans.
(Sec. 5) Prohibits removal of an alien who is a member or veteran of the Armed Forces based upon: (1) illegal reentry; (2) expedited removal for commission of certain crimes; or (3) inspection for admissions or asylum.
Exempts from specified grounds of inadmissibility or deportation an alien who is: (1) a member of the Armed Forces who has served honorably; (2) a veteran of the Armed Forces who separated under honorable conditions; (3) the spouse, child, son, daughter, parent, or minor sibling of a member of the Armed Forces.
Authorizes the Secretary of Homeland Security or the Attorney General to waive other grounds (with specified exceptions) for such removal. Sets forth waiver factors.
(Sec. 6) Exempts from worldwide immigrant visa numerical limitations an alien who is eligible for a family-sponsored immigrant visa and is either the spouse or child of a permanent resident alien who is serving in the Armed Forces.
(Sec. 7) Directs the Secretary to adjust to permanent resident status an alien who is a parent, spouse, child, son or daughter, or minor sibling of a person who is serving or has served in the Armed Forces honorably during the period beginning February 28, 1961, and ending on a date presidentially-designated as the date of termination of the Vietnam hostilities, or thereafter during any presidentially-designated period of military hostilities.
Permits posthumous benefits under specified circumstances. Waives certain grounds of inadmissibility.