INA Definitions Part 4

The text outlines special provisions for the treatment of certain individuals as immediate relatives within the context of immigration law, particularly in cases where a citizen of the United States dies due to military service-related circumstances. The provisions apply to spouses, children, and parents of the deceased citizen.

For spouses (1), if the citizen served honorably in the military and died as a result of combat-related causes, the alien spouse and their children remain immediate relatives after the citizen's death. However, this status is contingent upon the alien filing a petition within two years of the citizen's death and lasts until the alien remarries.

Children (2) and parents (3) of a deceased citizen who served honorably in the military and died due to combat-related causes also maintain immediate relative status. The alien must file a petition within two years of the citizen's death. The petition, submitted to the Secretary of Homeland Security, is considered under the same category as other family-sponsored immigration petitions.

A notable exception (3C) is made for parents, waiving the usual age requirement for a citizen's parents to benefit under this provision.

The subsequent section (b) addresses the adjustment of status for surviving spouses, children, and parents of aliens who served in the military, died in combat, and were posthumously granted citizenship. Despite the death, applications for adjustment of status are allowed to proceed as if the death had not occurred, offering a measure of continuity and consideration for these individuals.

The text concludes by introducing section (c), which appears to pertain to spouses and children of lawful permanent resident aliens, but the content is not provided in the given text snippet.

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