Section 1. Short title

This Act may be cited as the Protect Patriot Spouses Act.

Sec. 2. Adjustment of status for certain military spouses

Section 245 of the Immigration and Nationality Act (8 U.S.C. 1255) is amended by adding at the end the following:

(o)

(1)

In applying this section to an alien described in paragraph (2)—

(A)

such alien shall be deemed, for purposes of subsection (a), to have been inspected and admitted into the United States; and

(B)

in determining the alien’s admissibility as an immigrant—

(i)

paragraphs (6)(A), (7)(A), and (9)(B) of section 212(a) shall not apply; and

(ii)

the Secretary of Homeland Security, in the discretion of the Secretary, may waive the application of paragraphs (6)(C), (9)(A), and (9)(C) of section 212(a) if the alien establishes to the satisfaction of the Secretary that the alien does not pose a threat to the public and has not committed any criminal offenses in violation of Federal or State law unrelated to the alien’s status.

(2)

An alien is described in this paragraph if the alien—

(A)

is or was the spouse of a United States citizen who—

(i)

is or was serving on active duty in the United States Armed Forces or in a reserve component of the United States Armed Forces; and

(ii)

if discharged or released from service in the Armed Forces, was discharged or released under honorable conditions; and

(B)

is the beneficiary of a petition for classification under section 204(a)(1)(A) as an immediate relative (as defined in section 201(b)) by reason of the marriage to such citizen.

Sec. 3. Treatment of certain grounds for inadmissibility for certain military spouses

Section 212 of the Immigration and Nationality Act (8 U.S.C. 1182) is amended by inserting after subsection (b) the following:

(c)

(1)

In determining the admissibility as an immigrant of an alien described in paragraph (2)—

(A)

subsection (a)(9)(B) shall not apply; and

(B)

the Secretary of Homeland Security, in the discretion of the Secretary, may waive the application of paragraphs (6)(C), (9)(A), and (9)(C) of subsection (a) if the alien establishes to the satisfaction of the Secretary that the alien does not pose a threat to the public and has not committed any criminal offenses in violation of Federal or State law unrelated to the alien’s status.

(2)

An alien is described in this paragraph if the alien—

(A)

is or was the spouse of a United States citizen who—

(i)

is or was serving on active duty in the United States Armed Forces or in a reserve component of the United States Armed Forces; and

(ii)

if discharged or released from service in the Armed Forces, was discharged or released under honorable conditions; and

(B)

is the beneficiary of a petition for classification under section 204(a)(1)(A) as an immediate relative (as defined in section 201(b)) by reason of the marriage to such citizen.

Sec. 4. Eligibility of removed or voluntarily departed aliens