Pub. L. 107-77, tit. I, sec. 114

Sec. 114. (a) Notwithstanding any provision of title III of the Immigration and Nationality Act (8 U.S.C. 1401 et seq.), the Attorney General shall provide, in accordance with this section, for the granting of posthumous citizenship, as of September 10,2001, to a person described in subsection (b), if the Attorney General approves an application for such citizenship filed under subsection(e). (b) A person referred to in subsection (a) is a person who— (1) while an alien or a noncitizen national of the United States, died as a result of an injury incurred in one or more of the events described in subsection (c); (2) was not culpable for any of such events; and (3) on September 11, 2001, had pending an application for naturalization filed with the Attorney General by the person. (c) (1) The events described in this subsection are the following: (A) The hijacking of American Airlines Flight 11 on September 11, 2001, the crash of that aircraft into the World Trade Center in New York, New York, and the subsequent destruction that resulted. (B) The hijacking of United Airlines Flight 175 on such date, the crash of that aircraft into the World Trade Center in New York, New York, and the subsequent destruction that resulted. (C) The hijacking of American Airlines Flight 77 on such date, the crash of that aircraft into the Pentagon in Arlington, Virginia, and the subsequent destruction that resulted. (D) The hijacking of United Airlines Flight 93 on such date, and the crash of that aircraft in Stony Creek Township, Pennsylvania. (2) Any person who died as a result of an injury incurred while assisting in the emergency response to an event described in paragraph (1) (such as military personnel, law enforcement officers, firefighters, emergency management personnel, search and rescue personnel, medical personnel, engineers and other personnel providing technical assistance, and volunteers) shall be considered to have died as a result of an injury incurred in such event. (d) (1) Unless otherwise provided by this section, no person may be granted posthumous citizenship under this section who would not otherwise have been eligible for naturalization on the date of the person’s death. Unless otherwise provided by this section, any provision of law that specifically bars or prohibits a person from being naturalized as a citizen of the United States shall be applied to the granting of posthumous citizenship under this section. (2) Notwithstanding section 312 of the Immigration and Nationality Act (8 U.S.C. 1423), or any similar provision of law requiring that a person demonstrate an understanding of the English language or a knowledge and understanding of the fundamentals of the history, and of the principles and form of government, of the United States in order to be naturalized, no such demonstration shall be required for the granting of posthumous citizenship under this section. (3) No oath of renunciation or allegiance shall be required for the granting of posthumous citizenship under this section. 115 STAT. 767 (4) To the maximum extent practicable, the investigation and examination described in section 335 of the Immigration and Nationality Act (8 U.S.C. 1446) shall be conducted with respect to an application described in subsection (b)(3) in the same manner as they otherwise would have been conducted if the subject of the application had not died. (e) A request for the granting of posthumous citizenship to a person described in subsection (b) may be filed on behalf of the person only by the next of kin (as defined by the Attorney General) or another representative (as defined by the Attorney General), and must be filed not later than 2 years after the later of— (1) the date of the enactment of this section; or (2) the date of the person’s death. (f) If the Attorney General approves such a request to grant a person posthumous citizenship, the Attorney General shall send to the individual 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 as of September 10, 2001. (g) Nothing in this section shall be construed as providing for any benefits under the Immigration and Nationality Act for any spouse, son, daughter, or other relative of a person granted posthumous citizenship under this section. (h)(1) Notwithstanding section 341 of the Immigration and Nationality Act (8 U.S.C. 1452), the Attorney General shall provide, in accordance with this subsection, for the furnishing of a certificate of citizenship to a person described in paragraph (4), if the Attorney General approves under paragraph (3) an application for such certificate described in paragraph (2). (2) An application described in this paragraph is an application for a certificate of citizenship that was— (A) filed with the Attorney General under such section341 by a person who subsequently died as a result of an injury incurred in one or more of the events described in section114(c) and who was not culpable for any of such events; and (B) pending on September 11, 2001. (3) The Attorney General shall consider an application described in paragraph (2) pursuant to the standards under such section341 and shall approve the application if the applicant would have been eligible to receive a certificate of citizenship on September11, 2001, if the applicant had not died, except that the requirements of such section relating to the oath of allegiance and presence within the United States shall not apply. (4) A request for a certificate of citizenship under this subsection may be filed only by the next of kin (as defined by the Attorney General) or another representative (as defined by the Attorney General) of the applicant described in paragraph (2), and must be filed not later than 2 years after the later of— (A) the date of the enactment of this section; or (B) the date of the applicant’s death. (i)(1) Notwithstanding section 322 of the Immigration and Nationality Act (8 U.S.C. 1433), the Attorney General shall provide, in accordance with this subsection, for the furnishing of a certificate of citizenship to a parent described in paragraph (2), if, upon the request of the parent, the Attorney General approves under paragraph (3) an application for naturalization described in paragraph (2). 115 STAT. 768 (2) An application described in this paragraph is an application for naturalization that was— (A) filed with the Attorney General under such section322 by a parent of a child who subsequently died as a result of an injury incurred in one or more of the events described in section 114(c) and who was not culpable for any of such events; and (B) pending on September 11, 2001. (3) The Attorney General shall consider an application described in paragraph (2) pursuant to the standards under such section322 and shall approve the application if the child would have been eligible to receive a certificate of citizenship on September11, 2001, if the child had not died, except that the requirements of such section relating to the oath of allegiance shall not apply.