Protect Patriot Spouses Act
The Protect Patriot Spouses Act would make a narrow class of military spouses eligible for U.S. immigrant status with fewer barriers than currently required. Specifically, it creates a pathway for certain foreign spouses of U.S. citizens who are or were married to service members (active duty or reserve) and who have an eligible immediate-relative petition, to be treated as having been inspected and admitted into the United States for purposes of adjusting status. It also allows the Secretary of Homeland Security to waive several typical grounds of inadmissibility if the spouse does not pose a public- safety risk and has no relevant criminal history. The same waivers apply in determining admissibility under another part of the INA (for those being processed as immigrants). The bill further provides a process for spouses who were removed or who departed the U.S. before enactment to apply from abroad, and it creates a program to permit a limited nonimmigrant entry while their immigrant visa case or adjustment of status is pending, to reunite with their U.S. citizen spouse. In short, the act seeks to reduce some barriers to obtaining a green card for military spouses by deeming them admitted, allowing certain waivers, and creating a pathway for those already removed or departed to pursue immigration from abroad, with a temporary nonimmigrant option to stay near their spouse during processing.
Key Points
- 1Creates an eligible class: foreign spouses of U.S. citizens who are, or were, serving on active duty or in a reserve component and were discharged honorably; the spouse must be the beneficiary of an immediate-relative petition under section 204(a)(1)(A).
- 2Adjustment of status pathway: for those described, the bill would treat them as having been inspected and admitted for purposes of the adjustment process, and would bar certain traditional grounds of inadmissibility (6(A), 7(A), 9(B)) from applying.
- 3Waivers of additional grounds: the Secretary of Homeland Security could, at her/his discretion, waive other grounds (6(C), 9(A), 9(C)) if the spouse does not pose a public threat and has no unrelated criminal offenses.
- 4Parallel treatment under another provision: the same eligibility and waiver framework applies when determining immigrant admissibility under a different section of the INA (section 212) for these military spouses.
- 5Path for those already removed or departed: the Secretary of Homeland Security and the Secretary of State would take steps to allow eligible spouses who were removed or left voluntarily before enactment to apply from abroad for an immigrant visa.
- 6Temporary nonimmigrant option during adjudication: the agencies would establish a program allowing a pending case to proceed with the nonimmigrant admission of the spouse to reunite with the U.S. citizen spouse while the immigrant visa or adjustment of status is pending, subject to ensuring no public-safety or national-security concerns, and allowing certain waivers of standard inadmissibility grounds for nonimmigrant entry.