[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 690 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 690
To amend the Immigration and Nationality Act to provide a mechanism for
United States citizens and lawful permanent residents to sponsor their
permanent partners for residence in the United States, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 14, 2001
Mr. Nadler (for himself, Mr. Abercrombie, Mr. Ackerman, Ms. Baldwin,
Mr. Becerra, Mr. Berman, Mr. Brown of Ohio, Mr. Capuano, Mr. Crowley,
Mr. Davis of Illiniois, Mr. DeFazio, Mr. Delahunt, Mr. Farr of
California, Mr. Filner, Mr. Frank, Mr. Gutierrez, Mr. Holt, Mr. Larson
of Connecticut, Mr. Lewis of Georgia, Mrs. Lowey, Mrs. Maloney of New
York, Mr. Maloney of Connecticut, Ms. McCollum, Mr. McDermott, Mr.
McNulty, Mr. Meehan, Ms. Norton, Mr. Owens, Ms. Pelosi, Ms. Rivers, Ms.
Roybal-Allard, Mr. Sanders, Ms. Schakowsky, Mrs. Tauscher, Mr. Towns,
Mr. Waxman, Mr. Weiner, Mr. Wexler, Ms. Woolsey, Mr. Brady of
Pennsylvania, Ms. Lee, Mr. McGovern, and Mr. Stark) introduced the
following bill; which was referred to the Committee on Judiciary
_______________________________________________________________________
A BILL
To amend the Immigration and Nationality Act to provide a mechanism for
United States citizens and lawful permanent residents to sponsor their
permanent partners for residence in the United States, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; AMENDMENTS TO IMMIGRATION AND NATIONALITY ACT.
(a) Short Title.--This Act may be cited as the ``Permanent Partners
Immigration Act of 2001''.
(b) Amendments to Immigration and Nationality Act.--Except as
otherwise specifically provided whenever in this Act an amendment or
repeal is expressed as the amendment or repeal of a section or other
provision, the reference shall be considered to be made to that section
or provision in the Immigration and Nationality Act.
SEC. 2. DEFINITIONS.
Section 101(a) (8 U.S.C. 1101(a)) is amended--
(1) in paragraph (15)(K)(ii), by inserting ``permanent
partnership'' after ``marriage''; and
(2) by adding at the end the following:
``(51) The term `permanent partner' means an individual 18
years of age or older who--
``(A) is in a committed, intimate relationship with
another individual 18 years of age or older in which
both parties intend a lifelong commitment;
``(B) is financially interdependent with that other
individual;
``(C) is not married to or in a permanent
partnership with anyone other than that other
individual;
``(D) is unable to contract with that other
individual a marriage cognizable under this Act; and
``(E) is not a first, second, or third degree blood
relation of that other individual.
``(52) The term `permanent partnership' means the
relationship that exists between two permanent partners.''.
SEC. 3. WORLDWIDE LEVEL OF IMMIGRATION.
Section 201(b)(2)(A)(i) (8 U.S.C. 1151(b)(2)(A)(i)) is amended--
(1) by inserting ``permanent partners,'' after
``spouses,'';
(2) by inserting ``or permanent partner'' after ``spouse''
each place such term appears; and
(3) by striking ``remarries.'' and inserting ``remarries or
enters a permanent partnership with another person.''.
SEC. 4. NUMERICAL LIMITATIONS ON INDIVIDUAL FOREIGN STATES.
(a) Per Country Levels.--Section 202(a)(4) (8 U.S.C. 1152(a)(4)) is
amended--
(1) in the paragraph heading for paragraph (4), by
inserting ``, permanent partners,'' after ``spouses'';
(2) in the subparagraph heading for subparagraph (A), by
inserting ``, permanent partners,'' after ``spouses''; and
(3) in the subparagraph heading for subparagraph (C), by
inserting ``without permanent partners'' after ``daughters''.
(b) Rules for Chargeability.--Section 202(b)(2) (8 U.S.C.
1152(b)(2)) is amended--
(1) by inserting ``or permanent partner'' after ``spouse''
each place such term appears; and
(2) by inserting ``or permanent partners'' after ``husband
and wife''.
SEC. 5. ALLOCATION OF IMMIGRANT VISAS.
(a) Preference Allocation for Family Members of Permanent Resident
Aliens.--Section 203(a)(2) (8 U.S.C. 1153(a)(2)) is amended--
(1) in the paragraph heading--
(A) by striking ``and'' after ``Spouses'' and
inserting ``, permanent partners,''; and
(B) by inserting ``without permanent partners''
after ``sons'' and after ``daughters''; and
(2) in subparagraph (A)--
(A) by inserting ``, permanent partners,'' after
``spouses''; and
(B) by inserting ``without permanent partners''
after ``sons'' and after ``daughters''.
(b) Preference Allocation for Sons and Daughters of Citizens.--
Section 203(a)(3) (8 U.S.C. 1153(a)(3)) is amended--
(1) in the paragraph heading, by inserting ``and daughters
and sons with permanent partners'' after ``daughters''; and
(2) by inserting ``or daughters or sons with permanent
partners'' after ``daughters''.
(c) Employment Creation.--Section 203(b)(5)(A)(iii) (8 U.S.C.
1153(b)(5)(A)(iii)) is amended by inserting ``permanent partner,''
after ``spouse,''.
(d) Treatment of Family Members.--Section 203(d) (8 U.S.C. 1153(d))
is amended by inserting ``, permanent partner,'' after ``spouse'' each
place such term appears.
SEC. 6. PROCEDURE FOR GRANTING IMMIGRANT STATUS.
(a) Classification Petitions.--Section 204(a)(1) (8 U.S.C.
1154(a)(1)) is amended--
(1) in subparagraph (A)(ii), by inserting ``or permanent
partner'' after ``spouse'';
(2) in subparagraph (A)(iii)--
(A) by inserting ``or permanent partner'' after
``spouse'' each place such term appears; and
(B) by inserting ``or permanent partnership'' after
``marriage'' each place such term appears in subclause
(I); and
(3) in subparagraph (B)--
(A) by inserting ``or permanent partner'' after
``spouse'' each place such term appears; and
(B) by inserting ``or permanent partnership'' after
``marriage'' each place such term appears.
(b) Immigration Fraud Prevention.--Section 204(c) (8 U.S.C.
1154(c)) is amended--
(1) by inserting ``or permanent partner'' after ``spouse''
each place such term appears; and
(2) by inserting ``or permanent partnership'' after
``marriage'' each place such term appears.
SEC. 7. ANNUAL ADMISSION OF REFUGEES AND ADMISSION OF EMERGENCY
SITUATION REFUGEES.
Section 207(c) (8 U.S.C. 1157(c)) is amended--
(1) in paragraph (2)--
(A) by inserting ``or permanent partner'' after
``spouse'' each place such term appears; and
(B) by inserting ``or permanent partner's'' after
``spouse's''; and
(2) in paragraph (4), by inserting ``or permanent partner''
after ``spouse''.
SEC. 8. ASYLUM.
Section 208(b)(3) (8 U.S.C. 1158(b)(3)) is amended--
(1) in the heading, by inserting ``or permanent partner''
after ``spouse''; and
(2) by inserting ``or permanent partner'' after ``spouse''.
SEC. 9. ADJUSTMENT OF STATUS OF REFUGEES.
Section 209(b)(3) (8 U.S.C. 1159(b)(3)) is amended by inserting
``or permanent partner'' after ``spouse''.
SEC. 10. INADMISSIBLE ALIENS.
(a) Classes of Aliens Ineligible for Visas or Admission.--Section
212(a) (8 U.S.C. 1182(a)) is amended--
(1) in paragraph (3)(D)(iv), by inserting ``permanent
partner,'' after ``spouse,'';
(2) in paragraph (4)(C)(i)(I), by inserting ``, permanent
partner,'' after ``spouse'';
(3) in paragraph (6)(E)(ii), by inserting ``permanent
partner,'' after ``spouse,''; and
(4) in paragraph (9)(B)(v), by inserting ``, permanent
partner,'' after ``spouse''.
(b) Waivers.--Section 212(d) (8 U.S.C. 1182(d)) is amended--
(1) in paragraph (11), by inserting ``permanent partner,''
after ``spouse,''; and
(2) in paragraph (12)(B), by inserting ``, permanent
partner,'' after ``spouse''.
(c) Waivers of Inadmissibility on Health-Related Grounds.--Section
212(g)(1)(A) (8 U.S.C. 1182(g)(1)(A)) is amended by inserting ``or
permanent partner'' after ``spouse''.
(d) Waivers of Inadmissibility on Criminal and Related Grounds.--
Section 212(h)(1)(B) (8 U.S.C. 1182(h)(1)(B)) is amended by inserting
``permanent partner,'' after ``spouse,''.
(e) Waiver of Inadmissibility for Misrepresentation.--Section
212(i)(1) (8 U.S.C. 1182(i)(1)) is amended by inserting ``permanent
partner,'' after ``spouse,''.
SEC. 11. NONIMMIGRANT STATUS FOR PERMANENT PARTNERS AWAITING THE
AVAILABILITY OF AN IMMIGRANT VISA.
Section 214 (8 U.S.C. 1184) is amended--
(1) by redesignating the subsections (o) and (p) added by
sections 1102(b) and 1103(b), respectively, of the Departments
of Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 2001, as enacted into law by
section 1(a)(2) of P.L. 106-553, as subsections (p) and (q),
resepectively; and
(2) in subsection (q) (as so redesignated)--
(A) in paragraph (1), by inserting ``or permanent
partner'' after ``spouse''; and
(B) by inserting ``or permanent partnership'' after
``marriage'' each place such term appears.
SEC. 12. CONDITIONAL PERMANENT RESIDENT STATUS FOR CERTAIN ALIEN
SPOUSES, PERMANENT PARTNERS, AND SONS AND DAUGHTERS.
(a) Section Heading.--
(1) In general.--The section heading for section 216 (8
U.S.C. 1186a) is amended by inserting ``and permanent
partners'' after ``spouses''.
(2) Clerical amendment.--The table of contents is amended
by amending the item relating to section 216 to read as
follows:
``Sec. 216. Conditional permanent resident status for certain alien
spouses and permanent partners and sons and
daughters.''.
(b) In General.--Section 216(a) (8 U.S.C. 1186a(a)) is amended--
(1) in paragraph (1), by inserting ``or permanent partner''
after ``spouse'';
(2) in paragraph (2)(A), by inserting ``or permanent
partner'' after ``spouse'';
(3) in paragraph (2)(B), by inserting ``permanent
partner,'' after ``spouse,''; and
(4) in paragraph (2)(C), by inserting ``permanent
partner,'' after ``spouse,''.
(c) Termination of Status if Finding that Qualifying Marriage
Improper.--Section 216(b) of such Act (8 U.S.C. 1186a(b)) is amended--
(1) in the heading, by inserting ``or Permanent
Partnership'' after ``Marriage'';
(2) in paragraph (1)(A), by inserting ``or permanent
partnership'' after ``marriage''; and
(3) in paragraph (1)(A)(ii)--
(A) by inserting ``or has ceased to satisfy the
criteria for being considered a permanent partnership
under this Act,'' after ``terminated,''; and
(B) by inserting ``or permanent partner'' after
``spouse''.
(d) Requirements of Timely Petition and Interview for Removal of
Condition.--Section 216(c) (8 U.S.C. 1186a(c)) is amended--
(1) in paragraphs (1), (2)(A)(ii), (3)(A)(ii), (3)(C),
(4)(B), and (4)(C), by inserting ``or permanent partner'' after
``spouse'' each place such term appears; and
(2) in paragraph (3)(A), in the matter following clause
(ii), and in paragraph (3)(D), (4)(B), and (4)(C), by inserting
``or permanent partnership'' after ``marriage'' each place such
term appears.
(e) Contents of Petition.--Section 216(d)(1) of such Act (8 U.S.C.
1186a(d)(1)) is amended--
(1) in the subparagraph heading for subparagraph (A), by
inserting ``or permanent partnership'' after ``marriage'';
(2) in subparagraph (A)(i), by inserting ``or permanent
partnership'' after ``marriage'';
(3) in subparagraph (A)(i)(I), by inserting before the
comma at the end ``, or is a permanent partnership recognized
under this Act'';
(4) in subparagraph (A)(i)(II)--
(A) by inserting ``or has not ceased to satisfy the
criteria for being considered a permanent partnership
under this Act,'' after ``terminated,''; and
(B) by inserting ``or permanent partner'' after
``spouse'';
(5) in subparagraph (A)(ii), by inserting ``or permanent
partner'' after ``spouse''; and
(6) in subparagraph (B)(i)--
(A) by inserting ``or permanent partnership'' after
``marriage''; and
(B) by inserting ``or permanent partner'' after
``spouse''.
(e) Definitions.--Section 216(g) (8 U.S.C. 1186a(g)) is amended--
(1) in paragraph (1)--
(A) by inserting ``or permanent partner'' after
``spouse'' each place such term appears; and
(B) by inserting ``or permanent partnership'' after
``marriage'' each place such term appears;
(2) in paragraph (2), by inserting ``or permanent
partnership'' after ``marriage'';
(3) in paragraph (3), by inserting ``or permanent
partnership'' after ``marriage''; and
(4) in paragraph (4)--
(A) by inserting ``or permanent partner'' after
``spouse'' each place such term appears; and
(B) by inserting ``or permanent partnership'' after
``marriage''.
SEC. 13. CONDITIONAL PERMANENT RESIDENT STATUS FOR CERTAIN ALIEN
ENTREPRENEURS, SPOUSES, PERMANENT PARTNERS, AND CHILDREN.
(a) Section Heading.--
(1) In general.--The section heading for section 216A (8
U.S.C. 1186b) is amended by inserting ``or permanent partners''
after ``spouses''.
(2) Clerical amendment.--The table of contents is amended
by amending the item relating to section 216A to read as
follows:
``Sec. 216. Conditional permanent resident status for certain alien
entrepreneurs, spouses or permanent
partners, and children.''.
(b) In General.--Section 216A(a) (8 U.S.C. 1186b(a)) is amended, in
paragraphs (1), (2)(A), (2)(B), and (2)(C), by inserting ``or permanent
partner'' after ``spouse'' each place such term appears.
(c) Termination of Status if Finding That Qualifying
Entrepreneurship Improper.--Section 216A(b)(1) (8 U.S.C. 1186b(b)(1))
is amended by inserting ``or permanent partner'' after ``spouse'' in
the matter following subparagraph (C).
(d) Requirements of Timely Petition and Interview for Removal of
Condition.--Section 216A(c) (8 U.S.C. 1186b(c)) is amended, in
paragraphs (1), (2)(A)(ii), and (3)(C), by inserting ``or permanent
partner'' after ``spouse''.
(e) Definitions.--Section 216A(f)(2) (8 U.S.C. 1186b(f)(2)) is
amended by inserting ``or permanent partner'' after ``spouse'' each
place such term appears.
SEC. 14. DEPORTABLE ALIENS.
Section 237(a) of the Immigration and Nationality Act (8 U.S.C.
1227(a)) is amended--
(1) in paragraph (1)(D)(i), by inserting ``or permanent
partners'' after ``spouses'' each place such term appears;
(2) in paragraphs (1)(E)(ii), (1)(E)(iii), and (1)(H)(i),
by inserting ``or permanent partner'' after ``spouse'';
(3) by adding at the end of paragraph (1) the following new
subparagraph:
``(I) Permanent partnership fraud.--An alien shall
be considered to be deportable as having procured a
visa or other documentation by fraud (within the
meaning of section 212(a)(6)(C)(i)) and to be in the
United States in violation of this Act (within the
meaning of subparagraph (B)) if--
``(i) the alien obtains any admission to
the United States with an immigrant visa or
other documentation procured on the basis of a
permanent partnership entered into less than 2
years prior to such admission and which, within
2 years subsequent to such admission, is
terminated because the criteria for permanent
partnership are no longer fulfilled, unless the
alien establishes to the satisfaction of the
Attorney General that such permanent
partnership was not contracted for the purpose
of evading any provisions of the immigration
laws; or
``(ii) it appears to the satisfaction of
the Attorney General that the alien has failed
or refused to fulfill the alien's permanent
partnership which in the opinion of the
Attorney General was made for the purpose of procuring the alien's
admission as an immigrant.''; and
(4) in paragraphs (2)(E)(i) and (3)(C)(ii), by inserting
``or permanent partner'' after ``spouse'' each place such term
appears.
SEC. 15. REMOVAL PROCEEDINGS.
Section 240(e)(1) (8 U.S.C. 1229a(e)(1)) is amended by inserting
``or permanent partner'' after ``spouse''.
SEC. 16. CANCELLATION OF REMOVAL; ADJUSTMENT OF STATUS.
Section 240A(b) (8 U.S.C. 1229b(b)) is amended--
(1) in paragraph (1)(D), by inserting ``or permanent
partner'' after ``spouse'';
(2) in the heading for paragraph (2), by inserting ``,
permanent partner,'' after ``spouse''; and
(3) in paragraph (2)(A), by inserting ``, permanent
partner,'' after ``spouse'' each place such term appears.
SEC. 17. ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON
ADMITTED FOR PERMANENT RESIDENCE.
(a) Prohibition on Adjustment of Status.--Section 245(d) (8 U.S.C.
1255(d)) is amended by inserting ``or permanent partnership'' after
``marriage''.
(b) Avoiding Immigration Fraud.--Section 245(e) (8 U.S.C. 1255(e))
is amended--
(1) in paragraph (1), by inserting ``or permanent
partnership'' after ``marriage''; and
(2) by adding at the end the following new paragraph:
``(4) Paragraph (1) and section 204(g) shall not apply with respect
to a permanent partnership if the alien establishes by clear and
convincing evidence to the satisfaction of the Attorney General that
the permanent partnership was entered into in good faith and in
accordance with section 101(a)(51) and the permanent partnership was
not entered into for the purpose of procuring the alien's admission as
an immigrant and no fee or other consideration was given (other than a
fee or other consideration to an attorney for assistance in preparation
of a lawful petition) for the filing of a petition under section 204(a)
or 214(d) with respect to the alien permanent partner. In accordance
with regulations, there shall be only one level of administrative
appellate review for each alien under the previous sentence.''.
(c) Adjustment of Status for Certain Aliens Paying Fee.--Section
245(i)(1)(B) (8 U.S.C. 1255(i)(1)(B)) is amended by inserting ``or
permanent partner'' after ``spouse'' each place such term appears.
(d) Informants.--Section 245(j) of such Act (8 U.S.C. 1255(j)) is
amended by inserting ``permanent partner,'' after ``spouse,'' each
place such term appears.
SEC. 18. MISREPRESENTATION AND CONCEALMENT OF FACTS.
Section 275(c) (8 U.S.C. 1325(c)) is amended by inserting ``or
permanent partnership'' after ``marriage''.
SEC. 19. REQUIREMENTS AS TO RESIDENCE, GOOD MORAL CHARACTER, ATTACHMENT
TO THE PRINCIPLES OF THE CONSTITUTION.
Section 316(b) (8 U.S.C. 1427(b)) is amended by inserting ``or
permanent partner'' after ``spouse''.
SEC. 20. FORMER CITIZENS OF UNITED STATES REGAINING UNITED STATES
CITIZENSHIP.
Section 324(a) (8 U.S.C. 1435(a)) is amended, in the matter
following ``after September 22, 1922,'', by inserting ``or permanent
partnership'' after ``marriage'' each place such term appears.
SEC. 21. APPLICATION OF FAMILY UNITY PROVISIONS TO PERMANENT PARTNERS
OF CERTAIN LIFE ACT BENEFICIARIES.
Section 1504 of division B of the Miscellaneous Appropriations Act,
2001, as enacted into law by section 1(a)(4) of Public Law 106-554, is
amended--
(1) in the section heading, by inserting ``, PERMANENT
PARTNERS,'' after ``SPOUSES'';
(2) in subsection (a), by inserting ``, permanent
partner,'' after ``spouse''; and
(3) in each of subsections (b) and (c)--
(A) in the subsection headings, by inserting ``,
Permanent Partners,'' after ``Spouses''; and
(B) by inserting ``, permanent partner,'' after
``spouse'' each place such term appears.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Immigration and Claims.
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