Speech #990184730

Mr. Speaker. on May 6 I introduced H.R. 4755. which would amend the Immigration and Nationality Act to.provide for the naturalization of alien service members who enlist outside the United States and who have not been admitted for lawful permanent residence. It would. after 4 or more years of honorable service in the Armed Forces of the United States. grant special immigrant status to such individuals and their accompanying spouses and children. upon the recommendation of the executive department under which they served. The granting of such status would remedy the situation under which many nationals of the Republic of the Philippines serving in the U.S. Navy are not given the same opportunity to apply for U.S. citizenship as other alien service members in the Armed Forces of the United States. It would thus solve the naturalization problems faced by many of our loyal Filipino service members. At present. two provisions of law provide for the naturalization of alien service members who have served honorably in the Armed Forces of the United States. The first. section 329 of the Immigration and Nationality Act (8 U.S.C. 1440). relates to aliens who have served during periods of declared hostilities. provided that they were inducted or have enlisted or reenlisted within the United States. the Canal Zone. American Samoa. or Swains Island. That section waives certain basic requirements set forth in 8 U.S.C. 1427 (section 316 of the Immigration and Nationality Act: First. addmission for lawful permanent residence. second. residence in the United States for 5 years. third physical presence in the United States for at least half that time. and fourth. residence in the State of filing for 6 months. The second provision. section 328 of the act (8 U.S.C. 1439). intended for the benefit of alien services members who served honorably for at least 3 years. waives all but the requirement that alien service members be lawfully admitted for permanent residence. The provisions of 8 U.S.C. 1440 do not apply to aliens who enlisted on or after October 15. 1978. because Executive Order 12081. 43 Fed.