H. R. 46
IN THE HOUSE OF REPRESENTATIVES
January 5, 2011
Mr. Issa introduced the following bill; which was referred to the Committee on the Judiciary
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.
This Act may be cited as the
Fallen Heroes Family Act of
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—
(U), by striking
or at the end;
(V), by striking the period at the end and inserting
by adding at the end the following:
subject to section 214(s), an alien who is the parent of a child who—
is a United States citizen;
was born outside the United States and its outlying possessions; and
had a natural parent who—
served honorably in an active-duty status in the military, air, or naval forces of the United States; and
died on or after September 11, 2001, as a result of injury or disease incurred in or aggravated by that service.
Parent to include legal guardian
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 .
a legal guardian or other person standing in loco parentis.
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:
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.
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.
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.