H.R. 1935: For the relief of John Castellano.

113th Congress, 2013–2015. Text as of May 09, 2013 (Introduced).

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I

113th CONGRESS

1st Session

H. R. 1935

IN THE HOUSE OF REPRESENTATIVES

May 9, 2013

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

A BILL

For the relief of John Castellano.

1.

Granting posthumous citizenship to John Castellano

(a)

Authority of secretary of homeland security

Notwithstanding the Immigration and Nationality Act or any other provision of law, the Secretary of Homeland Security shall grant, in accordance with this Act, posthumous citizenship at the time of death to John Castellano, who died July 7, 1937, if the Secretary approves an application for posthumous citizenship under subsection (b).

(b)

Request for posthumous citizenship

A request for the granting of posthumous citizenship to the individual referred to in subsection (a) may be filed on behalf of the individual only by the next-of-kin (as determined by the Secretary of Homeland Security) or another representative (as determined by the Secretary). The Secretary shall approve such a request respecting the individual referred to in subsection (a) if the request is filed not later than 2 years after the date of the enactment of this Act and the Secretary finds that the individual satisfied the requirements of subsection (c).

(c)

Criteria for granting of posthumous citizenship

The requirements referred to in subsection (b) are that the individual referred to in subsection (a) is a person who, while an alien or a noncitizen national of the United States served honorably in an active-duty status in the military, air, or naval forces of the United States during any period described in the first sentence of section 329(a) of the Immigration and Nationality Act ( 8 U.S.C. 1440(a) ), and satisfied the requirements of clause (1) or (2) of the first sentence of section 329(a). The executive department under which the person so served shall determine whether the individual satisfied the requirements of paragraphs (1) and (2).

(d)

Documentation of posthumous citizenship

If the Secretary of Homeland Security approves such a request to grant the individual referred to in subsection (a) posthumous citizenship, the Secretary shall send to the person who filed the request a suitable document which states that the United States considers the person to have been a citizen of the United States at the time of the individual’s death.

(e)

No benefits to survivors

Nothing in this Act shall be construed as providing for any benefits under this Act for any spouse, son, daughter, or other relative of a person granted posthumous citizenship under this section.