Restoring Respect for Immigrant Service in Uniform Act

Restoring Respect for Immigrant Service in Uniform Act

This bill expresses the sense of Congress that the Department of Homeland Security should exercise its discretion (including through the use of exceptions to inadmissibility based upon family reunification, humanitarian, or public benefit grounds, temporary waiver of inadmissibility, or consent to reapply for admission) to admit to the United States an alien who is inadmissible, was previously subject to an order of removal or has been removed, is outside of the United States, and is seeking U.S. admission, if such alien:

• has been a member of the Armed Forces for at least 180 days and has not received an other-than honorable discharge;
• has not been convicted of a felony, a significant misdemeanor, or three or more misdemeanors that are not significant misdemeanors and that each occurred on a different date and arose out of separate conduct; and
• is not otherwise a threat to national security or public safety.

The Immigration and Nationality Act is amended to exempt from deportation an alien who has been a member of the Armed Forces for at least 180 days and has not received an other-than honorable discharge, except in the case of an alien who:

• has been convicted of a felony, a significant misdemeanor, or three or more misdemeanors that are not significant misdemeanors and that each occurred on a different date and arose out of separate conduct; and
• is otherwise a threat to national security or public safety.

"Significant misdemeanor" means a misdemeanor: (1) that is a crime of domestic violence, (2) that is a sexual assault, (3) that involved the unlawful possession of a firearm, or (4) for which the alien was sentenced to prison for more than 90 days.