Relief for immediate family members of active duty personnel

Section 245 of the Immigration and Nationality Act (8 U.S.C. 1255) is amended by adding at the end the following: (o) Relief for immediate family members of active duty personnel (1) In general The Secretary of Homeland Security may adjust the status of an alien described in paragraph (2) to that of an alien lawfully admitted for permanent residence if— (A) the alien makes an application for such adjustment, and is physically present in the United States on the date the application is filed; (B) the alien is eligible to receive an immigrant visa and is admissible under section 212(a) (except that paragraphs (4), (6)(A), (7)(A), and (9)(B) of such section shall not apply for purposes of this subsection); (C) an immigrant visa is immediately available to the alien at the time the application is filed; and (D) the alien pays a fee, as determined by the Secretary, for the processing of such application. (2) Eligible aliens (A) In general The benefits provided in paragraph (1) shall apply only to an alien who is a parent, spouse, child, son, daughter, or minor sibling of an eligible member of the Armed Forces. (B) Posthumous benefits An alien described in subparagraph (A) shall continue to be eligible for adjustment under this subsection for 2 years after the death of an eligible member of the Armed Forces whose death was the result of injury or disease incurred in or aggravated by his or her service in the Armed Forces or, if such death occurred prior to the date of enactment of this paragraph, for 2 years after such date of enactment. (3) Eligible members of the Armed Forces In this subsection, eligible member of the Armed Forces means any person who— (A) has served honorably in an active duty status in the Armed Forces of the United States; and (B) if separated from the service described in subparagraph (A), was separated under honorable conditions..