Pub. L. 108-136, div. A, tit. XVII, sec. 1704
EXPEDITED PROCESS FOR GRANTING POSTHUMOUS CITIZENSHIP TO MEMBERS OF THE ARMED FORCES.
SEC. 1704. EXPEDITED PROCESS FOR GRANTING POSTHUMOUS CITIZENSHIP TO MEMBERS OF THE ARMED FORCES. Section 329A of the Immigration and Nationality Act (8 U.S.C. 1440–1) is amended—(1) by striking subsection (c) and inserting the following:“(c) Requests for Posthumous Citizenship.—“(1) In general.—A request for the granting of posthumous citizenship to a person described in subsection (b) may be filed on behalf of that person—“(A) upon locating the next-of-kin, and if so requested by the next-of-kin, by the Secretary of Defense or the Secretary’s designee with the Bureau of Citizenship and Immigration Services in the Department of Homeland Security immediately upon the death of that person; or“(B) by the next-of-kin.“(2) Approval.—The Director of the Bureau of Citizenship and Immigration Services shall approve a request for posthumous citizenship filed by the next-of-kin in accordance with paragraph (1)(B) if—“(A) the request is filed not later than 2 years after—“(i) the date of enactment of this section; or“(ii) the date of the person’s death;whichever date is later;“(B) the request is accompanied by a duly authenticated certificate from the executive department under which the person served which states that the person satisfied the requirements of paragraphs (1) and (2) of subsection (b); and“(C) the Director finds that the person satisfied the requirement of subsection (b)(3).”; and(2) by striking subsection (d) and inserting the following:“(d) Documentation of Posthumous Citizenship.—If the Director of the Bureau of Citizenship and Immigration Services approves the request referred to in subsection (c), the Director shall send to the next-of-kin of the person who is granted citizenship, a suitable document which states that the United States considers the person to have been a citizen of the United States at the time of the person’s death.”.