Lance Corporal Jose Gutierrez Act of 2008

Summary

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 after completion of eligible military service. Eliminates conditional permanent resident status for certain alien spouses (and sons or daughters) who are members or veterans of the Armed Forces. Sets forth factors to be considered in initiating removal proceedings against active duty members of the Armed Forces or veterans. 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 a member or veteran of the Armed Forces or an alien who is the spouse, child, son, daughter, parent, or minor sibling of a member serving in 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. 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. 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 citizen or person eligible for naturalization through military service who is serving or has served in the Armed Forces during specified periods of hostilities. Permits posthumous benefits under specified circumstances. Waives certain grounds of inadmissibility.

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Documents

6 official files

• Reported in House (text)

  Reported in House · EN · 3 October 2008

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• Reported in House (PDF)

  Reported in House · EN · 3 October 2008

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• Reported to House with amendment(s)

  summary · EN · 3 October 2008

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• Introduced in House (text)

  Introduced in House · EN · 8 May 2008

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• Introduced in House (PDF)

  Introduced in House · EN · 8 May 2008

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• Introduced in House

  summary · EN · 8 May 2008

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