Reuniting Families Act - Amends the Immigration and Nationality Act (INA) to establish the fiscal year worldwide level of employment-based immigrants at 140,000 plus: (1) the previous year's unused visas, and (2) the number of unused visas from FY1992-FY2011.
Establishes the fiscal year worldwide level of family-sponsored immigrants at 480,000 plus: (1) the previous year's unused visas, and (2) the number of unused visas from FY1992-FY2011.
Revises the definition of "immediate relative" to: (1) mean a child, spouse, or parent of a U.S. citizen or the spouse or child of a lawful permanent resident (and for each family member of a citizen or resident, such individual's accompanying spouse or child), except that in the case of parents such citizens shall be at least 21 years old; (2) permit a widow or widower of a U.S. citizen or resident to seek permanent resident status if married at least two years at the time of the citizen's or resident's death or, if married less than two years, by showing through a preponderance of the evidence that the marriage was entered into in good faith and not solely to obtain an immigration benefit; and (3) include an alien who was the child or parent of a U.S. citizen or resident at the time of the citizen's or resident's death if the alien files a petition within two years after such date or prior to reaching 21 years old.
Increases immigration visas for: (1) unmarried sons and daughters of U.S. citizens, and (2) brothers and sisters of U.S. citizens.
Provides an 80,640 visa allocation for the unmarried sons and daughters of permanent resident aliens.
Increases annual per country (10% of annual total) and dependent area (5% of annual total) limits for employment-based and family-sponsored immigrant visas.
Expands specified family-unity exceptions to unlawful presence-based inadmissibility.
Provides specified relief for orphans and spouses regarding: (1) petitions for immediate relative status, (2) parole eligibility, (3) permanent resident status adjustment, and (4) processing of immigrant visas.
Filipino Veterans Family Reunification Act - Exempts children of naturalized Filipino World War II veterans from worldwide or numerical immigrant limitations.
Makes a minor child of an alien fiancee/fiance or of an alien spouse of a U.S. citizen eligible for derivative K-visa status provided that the child's age is determined using such child's age at the date that the petition to classify such child's parent as a K-visa alien is filed with the Secretary of Homeland Security (DHS).Authorizes the Secretary or the Attorney General to adjust the status of a finacee/fiance or alien spouse and any minor children (K-visa) to conditional permanent resident status if such alien marries the petitioner within three months after U.S. admission.
Redefines "child" for purposes of titles I and II of the Act to include a stepchild under 21 years old. (Current law includes a stepchild who has not reached 18 years old at the time the marriage creating the status of stepchild occurred.)
Amends INA to include a "permanent partner" within the scope of such Act.
Revises provisions regarding: (1) priority date retention; (2) false claims and misrepresentations; and (3) waiver eligibility for widows, widowers, and orphans.
Defines "permanent partner" as an individual 18 or older who: (1) is in a committed, intimate relationship with another individual 18 or older in which both individuals intend a lifelong commitment; (2) is financially interdependent with the other individual; (3) is not married to, or in a permanent partnership with, anyone other than the individual; (4) is unable to contract with the other individual a marriage cognizable under this Act; and (5) is not a first, second, or third degree blood relation of the other individual.
Defines "permanent partnership" as the relationship existing between two permanent partners.
Defines "alien permanent partner" as the individual in a permanent partnership who is being sponsored for a visa.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1796 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 1796
To amend the Immigration and Nationality Act to promote family unity,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 6, 2011
Mr. Honda (for himself, Ms. Baldwin, Ms. Bass of California, Mr.
Becerra, Ms. Berkley, Mr. Berman, Mr. Blumenauer, Ms. Bordallo, Mr.
Brady of Pennsylvania, Mr. Capuano, Mr. Carson of Indiana, Ms. Castor
of Florida, Mr. Conyers, Mr. Deutch, Ms. Clarke of New York, Mrs.
Capps, Ms. Chu, Mr. Cohen, Mr. Davis of Illinois, Mrs. Davis of
California, Ms. DeGette, Mr. Doyle, Mr. Ellison, Ms. Eshoo, Mr.
Faleomavaega, Mr. Farr, Mr. Fattah, Mr. Filner, Mr. Frank of
Massachusetts, Mr. Grijalva, Mr. Gutierrez, Mr. Hastings of Florida,
Mr. Hinchey, Ms. Hirono, Mr. Holt, Ms. Norton, Mr. Israel, Mr. Jackson
of Illinois, Ms. Jackson Lee of Texas, Mr. Johnson of Georgia, Ms. Lee
of California, Mr. Lewis of Georgia, Ms. Zoe Lofgren of California, Mr.
Langevin, Mrs. Maloney, Mr. Markey, Ms. Matsui, Ms. McCollum, Mr.
McDermott, Mr. McGovern, Mr. George Miller of California, Ms. Moore,
Mr. Moran, Mr. Nadler, Mrs. Napolitano, Mr. Olver, Ms. Pelosi, Ms.
Pingree of Maine, Mr. Polis, Mr. Quigley, Mr. Rangel, Ms. Richardson,
Mr. Rothman of New Jersey, Ms. Roybal-Allard, Mr. Rush, Mr. Sablan, Ms.
Linda T. Sanchez of California, Ms. Schakowsky, Mr. Serrano, Mr. Sires,
Mr. Stark, Mr. Towns, Ms. Tsongas, Ms. Wasserman Schultz, and Ms.
Wilson of Florida) introduced the following bill; which was referred to
the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Immigration and Nationality Act to promote family unity,
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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Reuniting Families
Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--REDUCING FAMILY-BASED VISA BACKLOGS AND PROMOTING FAMILY
REUNIFICATION
Sec. 101. Recapture of immigrant visas lost to bureaucratic delay.
Sec. 102. Reclassification of spouses and minor children of legal
permanent residents as immediate relatives.
Sec. 103. Country limits.
Sec. 104. Promoting family unity.
Sec. 105. Relief for orphans, widows, and widowers.
Sec. 106. Exemption from immigrant visa limit for certain veterans who
are natives of Philippines.
Sec. 107. Fiancee child status protection.
Sec. 108. Equal treatment for all stepchildren.
Sec. 109. Retention of priority dates.
TITLE II--UNITING AMERICAN FAMILIES ACT
Sec. 201. Definitions of permanent partner and permanent partnership.
Sec. 202. Definition of child.
Sec. 203. Worldwide level of immigration.
Sec. 204. Numerical limitations on individual foreign states.
Sec. 205. Allocation of immigrant visas.
Sec. 206. Procedure for granting immigrant status.
Sec. 207. Annual admission of refugees and admission of emergency
situation refugees.
Sec. 208. Asylum.
Sec. 209. Adjustment of status of refugees.
Sec. 210. Inadmissible aliens.
Sec. 211. Nonimmigrant status for permanent partners awaiting the
availability of an immigrant visa.
Sec. 212. Derivative status for permanent partners of nonimmigrant visa
holders.
Sec. 213. Conditional permanent resident status for certain alien
spouses, permanent partners, and sons and
daughters.
Sec. 214. Conditional permanent resident status for certain alien
entrepreneurs, spouses, permanent partners,
and children.
Sec. 215. Deportable aliens.
Sec. 216. Removal proceedings.
Sec. 217. Cancellation of removal; adjustment of status.
Sec. 218. Adjustment of status of nonimmigrant to that of person
admitted for permanent residence.
Sec. 219. Application of criminal penalties for misrepresentation and
concealment of facts regarding permanent
partnerships.
Sec. 220. Requirements as to residence, good moral character,
attachment to the principles of the
Constitution.
Sec. 221. Naturalization for permanent partners of citizens.
Sec. 222. Application of family unity provisions to permanent partners
of certain LIFE Act beneficiaries.
Sec. 223. Application to Cuban Adjustment Act.
TITLE I--REDUCING FAMILY-BASED VISA BACKLOGS AND PROMOTING FAMILY
REUNIFICATION
SEC. 101. RECAPTURE OF IMMIGRANT VISAS LOST TO BUREAUCRATIC DELAY.
(a) Worldwide Level of Family-Sponsored Immigrants.--Section 201(c)
of the Immigration and Nationality Act (8 U.S.C. 1151(c)) is amended to
read as follows:
``(c) Worldwide Level of Family-Sponsored Immigrants.--
``(1) In general.--Subject to subparagraph (B), the
worldwide level of family-sponsored immigrants under this
subsection for a fiscal year is equal to the sum of--
``(A) 480,000; and
``(B) the sum of--
``(i) the number computed under paragraph
(2); and
``(ii) the number computed under paragraph
(3).
``(2) Unused visa numbers from previous fiscal year.--The
number computed under this paragraph for a fiscal year is the
difference, if any, between--
``(A) the worldwide level of family-sponsored
immigrant visas established for the previous fiscal
year; and
``(B) the number of visas issued under section
203(a), subject to this subsection, during the previous
fiscal year.
``(3) Unused visa numbers from fiscal years 1992 through
2011.--The number computed under this paragraph is the
difference, if any, between--
``(A) the difference, if any, between--
``(i) the sum of the worldwide levels of
family-sponsored immigrant visas established
for fiscal years 1992 through 2011; and
``(ii) the number of visas issued under
section 203(a), subject to this subsection,
during such fiscal years; and
``(B) the number of unused visas from fiscal years
1992 through 2011 that were issued after fiscal year
2011 under section 203(a), subject to this
subsection.''.
(b) Worldwide Level of Employment-Based Immigrants.--Section 201(d)
of the Immigration and Nationality Act (8 U.S.C. 1151(d)) is amended to
read as follows:
``(d) Worldwide Level of Employment-Based Immigrants.--
``(1) In general.--The worldwide level of employment-based
immigrants under this subsection for a fiscal year is equal to
the sum of--
``(A) 140,000;
``(B) the number computed under paragraph (2); and
``(C) the number computed under paragraph (3).
``(2) Unused visa numbers from previous fiscal year.--The
number computed under this paragraph for a fiscal year is the
difference, if any, between--
``(A) the worldwide level of employment-based
immigrant visas established for the previous fiscal
year; and
``(B) the number of visas issued under section
203(b), subject to this subsection, during the previous
fiscal year.
``(3) Unused visa numbers from fiscal years 1992 through
2011.--The number computed under this paragraph is the
difference, if any, between--
``(A) the difference, if any, between--
``(i) the sum of the worldwide levels of
employment-based immigrant visas established
for each of fiscal years 1992 through 2011; and
``(ii) the number of visas issued under
section 203(b), subject to this subsection,
during such fiscal years; and
``(B) the number of unused visas from fiscal years
1992 through 2011 that were issued after fiscal year
2011 under section 203(b), subject to this
subsection.''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date which is 60 days after the date of the enactment of
this Act.
SEC. 102. RECLASSIFICATION OF SPOUSES AND MINOR CHILDREN OF LEGAL
PERMANENT RESIDENTS AS IMMEDIATE RELATIVES.
(a) In General.--Section 201(b)(2) of the Immigration and
Nationality Act (8 U.S.C. 1151(b)(2)) is amended to read as follows:
``(2) Immediate relative.--
``(A) In general.--
``(i) Immediate relative defined.--In this
subparagraph, the term `immediate relative'
means a child, spouse, or parent of a citizen
of the United States or a child or spouse of a
lawful permanent resident (and for each family
member of a citizen or lawful permanent
resident under this subparagraph, such
individual's spouse or child who is
accompanying or following to join the
individual), except that, in the case of
parents, such citizens shall be at least 21
years of age.
``(ii) Previously issued visa.--Aliens
admitted under section 211(a) on the basis of a
prior issuance of a visa under section 203(a)
to their accompanying parent who is an
immediate relative.
``(iii) Parents and children.--An alien who
was the child or parent of a citizen of the
United States or a child of a lawful permanent
resident at the time of the citizen's or
resident's death if the alien files a petition
under 204(a)(1)(A)(ii) within 2 years after
such date or prior to reaching 21 years of age.
``(iv) Spouse.--An alien who was the spouse
of a citizen of the United States or lawful
permanent resident for not less than 2 years at
the time of the citizen's or resident's death
or, if married for less than 2 years at the
time of the citizen's or resident's death,
proves by a preponderance of the evidence that
the marriage was entered into in good faith and
not solely for the purpose of obtaining an
immigration benefit and was not legally
separated from the citizen or resident at the
time of the citizen's or resident's death, and
each child of such alien, shall be considered,
for purposes of this subsection, an immediate
relative after the date of the citizen's or
resident's death if the spouse files a petition
under section 204(a)(1)(A)(ii) before the
earlier of--
``(I) 2 years after such date; or
``(II) the date on which the spouse
remarries.
``(v) Special rule.--For purposes of this
subparagraph, an alien who has filed a petition
under clause (iii) or (iv) of section
204(a)(1)(A) remains an immediate relative if
the United States citizen or lawful permanent
resident spouse or parent loses United States
citizenship or residence on account of the
abuse.
``(B) Birth during temporary visit abroad.--Aliens
born to an alien lawfully admitted for permanent
residence during a temporary visit abroad.''.
(b) Allocation of Immigrant Visas.--Section 203(a) of the
Immigration and Nationality Act (8 U.S.C. 1153(a)) is amended--
(1) in paragraph (1), by striking ``23,400'' and inserting
``127,200'';
(2) by striking paragraph (2) and inserting the following:
``(2) Unmarried sons and unmarried daughters of permanent
resident aliens.--Qualified immigrants who are the unmarried
sons or unmarried daughters (but are not the children) of an
alien lawfully admitted for permanent residence shall be
allocated visas in a number not to exceed 80,640, plus any
visas not required for the class specified in paragraph (1).'';
(3) in paragraph (3), by striking ``23,400'' and inserting
``80,640''; and
(4) in paragraph (4), by striking ``65,000'' and inserting
``191,520''.
(c) Technical and Conforming Amendments.--
(1) Rules for determining whether certain aliens are
immediate relatives.--Section 201(f) of the Immigration and
Nationality Act (8 U.S.C. 1151(f)) is amended--
(A) in paragraph (1), by striking ``paragraphs (2)
and (3),'' and inserting ``paragraph (2),'';
(B) by striking paragraph (2);
(C) by redesignating paragraphs (3) and (4) as
paragraphs (2) and (3), respectively; and
(D) in paragraph (3), as redesignated by
subparagraph (C), by striking ``through (3)'' and
inserting ``and (2)''.
(2) Numerical limitation to any single foreign state.--
Section 202 of the Immigration and Nationality Act (8 U.S.C.
1152) is amended--
(A) in subsection (a)(4)--
(i) by striking subparagraphs (A) and (B);
(ii) by redesignating subparagraphs (C) and
(D) as subparagraphs (A) and (B), respectively;
and
(iii) in subparagraph (A), as redesignated
by clause (ii), by striking ``section
203(a)(2)(B)'' and inserting ``section
203(a)(2)''; and
(B) in subsection (e), in the flush matter
following paragraph (3), by striking ``, or as limiting
the number of visas that may be issued under section
203(a)(2)(A) pursuant to subsection (a)(4)(A)''.
(3) Allocation of immigration visas.--Section 203(h) of the
Immigration and Nationality Act (8 U.S.C. 1153(h)) is amended--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph
(A), by striking ``subsections (a)(2)(A) and
(d)'' and inserting ``subsection (d)'';
(ii) in subparagraph (A), by striking
``becomes available for such alien (or, in the
case of subsection (d), the date on which an
immigrant visa number became available for the
alien's parent),'' and inserting ``became
available for the alien's parent,''; and
(iii) in subparagraph (B), by striking
``applicable'';
(B) by amending paragraph (2) to read as follows:
``(2) Petitions described.--The petition described in this
paragraph is a petition filed under section 204 for
classification of the alien's parent under subsection (a), (b),
or (c).''; and
(C) in paragraph (3), by striking ``subsections
(a)(2)(A) and (d)'' and inserting ``subsection (d)''.
(4) Procedure for granting immigrant status.--Section 204
of the Immigration and Nationality Act (8 U.S.C. 1154) is
amended--
(A) in subsection (a)(1)--
(i) in subparagraph (A)--
(I) in clause (i), by inserting
``or lawful permanent resident'' after
``citizen'';
(II) in clause (ii), by striking
``described in the second sentence of
section 201(b)(2)(A)(i) also'' and
inserting ``, alien child, or alien
parent described in section
201(b)(2)(A)'';
(III) in clause (iii)--
(aa) in subclause (I)(aa),
by inserting ``or legal
permanent resident'' after
``citizen''; and
(bb) in subclause
(II)(aa)--
(AA) in subitems
(AA) and (BB), by
inserting ``or legal
permanent resident;''
after ``citizen'' each
place that term
appears;
(BB) in subitem
(CC), by inserting ``or
legal permanent
resident'' after
``citizen'' each place
that term appears; and
(CC) in subitem
(CC)(bbb), by inserting
``or legal permanent
resident'' after
``citizenship'';
(IV) in clause (iv), by inserting
``or legal permanent resident'' after
``citizen'' each place that term
appears;
(V) in clause (v)(I), by inserting
``or legal permanent resident'' after
``citizen''; and
(VI) in clause (vi)--
(aa) by inserting ``or
legal permanent resident
status'' after ``renunciation
of citizenship''; and
(bb) by inserting ``or
legal permanent resident''
after ``abuser's citizenship'';
(ii) by striking subparagraph (B);
(iii) in subparagraph (C), by striking
``subparagraph (A)(iii), (A)(iv), (B)(ii), or
(B)(iii)'' and inserting ``clause (iii) or (iv)
of subparagraph (A)''; and
(iv) in subparagraph (J), by striking ``or
clause (ii) or (iii) of subparagraph (B)'';
(B) in subsection (a), by striking paragraph (2);
(C) in subsection (c)(1), by striking ``or
preference status''; and
(D) in subsection (h), by striking ``or a petition
filed under subsection (a)(1)(B)(ii)''.
SEC. 103. COUNTRY LIMITS.
Section 202(a)(2) of the Immigration and Nationality Act (8 U.S.C.
1152(a)(2)) is amended by striking ``7 percent (in the case of a single
foreign state) or 2 percent'' and inserting ``10 percent (in the case
of a single foreign state) or 5 percent''.
SEC. 104. PROMOTING FAMILY UNITY.
(a) Aliens Previously Removed.--Section 212(a)(9) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(9)) is amended--
(1) in subparagraph (B)--
(A) in clause (iii)--
(i) in subclause (I), by striking ``18
years of age'' and inserting ``21 years of
age'';
(ii) by moving subclause (V) 4 ems to the
right; and
(iii) by adding at the end the following:
``(VI) Clause (i) shall not apply
to an alien for whom an immigrant visa
is available or was available on or
before the date of the enactment of the
Reuniting Families Act, and is
otherwise admissible to the United
States for permanent residence.''; and
(B) in clause (v)--
(i) by striking ``spouse or son or
daughter'' and inserting ``spouse, son,
daughter, or parent'';
(ii) by striking ``extreme'';
(iii) by inserting ``, son, daughter, or''
after ``lawfully resident spouse''; and
(iv) by striking ``alien.'' and inserting
``alien or, if the Secretary of Homeland
Security determines that a waiver is necessary
for humanitarian purposes, to ensure family
unity or is otherwise in the public
interest.''; and
(2) in subparagraph (C), by amending clause (ii) to read as
follows:
``(ii) Exceptions.--Clause (i) shall not
apply to an alien--
``(I) seeking admission more than
10 years after the date of the alien's
last departure from the United States
if, prior to the alien's reembarkation
at a place outside the United States or
attempt to be readmitted from a foreign
contiguous territory, the Secretary of
Homeland Security has consented to the
alien's reapplication for admission; or
``(II) for whom an immigrant visa
is available or was available on or
before the date of the enactment of the
Reuniting Families Act, and is
otherwise admissible to the United
States for permanent residence.''.
(b) False Claims and Misrepresentations.--The Immigration and
Nationality Act (8 U.S.C. 1101 et seq.) is amended--
(1) in section 237(a)(3)(D) (8 U.S.C. 1227(a)(3)(D)), by
inserting ``and willfully'' after ``falsely'' each place such
term appears;
(2) in section 212(a)(6)(C)(ii) (8 U.S.C.
1182(a)(6)(C)(ii)), by inserting ``and willfully'' after
``falsely'' each place such term appears;
(3) in section 212(a)(6)(C)(iii) (8 U.S.C.
1182(a)(6)(C)(iii)), by striking ``of clause (i)''; and
(4) by amending section 212(i)(1) (8 U.S.C. 1182(i)(1)) to
read as follows:
``(i)(1) The Attorney General or the Secretary of Homeland Security
may, in the discretion of the Attorney General or the Secretary, waive
the application of subsection (a)(6)(C) in the case of an immigrant who
is the parent, spouse, son, or daughter of a United States citizen or
of an alien lawfully admitted for permanent residence, or an alien
granted classification under clause (iii) or (iv) of section
204(a)(1)(A), if it is established to the satisfaction of the Attorney
General or the Secretary that the admission to the United States of
such alien would not be contrary to the national welfare, safety, or
security of the United States.''.
SEC. 105. RELIEF FOR ORPHANS, WIDOWS, AND WIDOWERS.
(a) In General.--
(1) Special rule for orphans and spouses.--In applying
clauses (iii) and (iv) of section 201(b)(2)(A) of the
Immigration and Nationality Act, as added by section 102(a) of
this Act, to an alien whose citizen or lawful permanent
resident relative died before the date of the enactment of this
Act, the alien relative may file the classification petition
under section 204(a)(1)(A)(ii) of such Act, as amended by
section 102(c)(4)(A)(i)(II) of this Act, not later than 2 years
after the date of the enactment of this Act.
(2) Eligibility for parole.--If an alien was excluded,
deported, removed, or departed voluntarily before the date of
the enactment of this Act based solely upon the alien's lack of
classification as an immediate relative (as defined in section
201(b)(2)(A)(iv) of the Immigration and Nationality Act, as
amended by section 102(a) of this Act) due to the death of such
citizen or resident--
(A) such alien shall be eligible for parole into
the United States pursuant to the Secretary of Homeland
Security's discretionary authority under section
212(d)(5) of such Act (8 U.S.C. 1182(d)(5)); and
(B) such alien's application for adjustment of
status shall be considered notwithstanding section
212(a)(9) of such Act (8 U.S.C. 1182(a)(9)).
(b) Adjustment of Status.--Section 245 of the Immigration and
Nationality Act (8 U.S.C. 1255) is amended by adding at the end the
following:
``(n) Application for Adjustment of Status by Surviving Spouses,
Parents, and Children.--
``(1) In general.--An alien described in paragraph (2) who
applies for adjustment of status before the death of the
qualifying relative may have such application adjudicated as if
such death had not occurred.
``(2) Alien described.--An alien described in this
paragraph is an alien who--
``(A) is an immediate relative (as described in
section 201(b)(2)(A));
``(B) is a family-sponsored immigrant (as described
in subsection (a) or (d) of section 203); or
``(C) is a derivative beneficiary of an employment-
based immigrant under section 203(b) (as described in
section 203(d)).''.
(c) Transition Period.--
(1) In general.--Notwithstanding a denial of an application
for adjustment of status for an alien whose qualifying relative
died before the date of the enactment of this Act, such
application may be renewed by the alien through a motion to
reopen, without fee, if such motion is filed not later than 2
years after such date of enactment.
(2) Eligibility for parole.--If an alien described in
section 245(n)(2) of the Immigration and Nationality Act, as
added by subsection (b), was excluded, deported, removed, or
departed voluntarily before the date of the enactment of this
Act--
(A) such alien shall be eligible for parole into
the United States pursuant to the Secretary of Homeland
Security's discretionary authority under section
212(d)(5) of the Immigration and Nationality Act (8
U.S.C. 1182(d)(5)); and
(B) such alien's application for adjustment of
status shall be considered notwithstanding section
212(a)(9) of such Act (8 U.S.C. 1182(a)(9)).
(d) Processing of Immigrant Visas and Derivative Petitions.--
(1) In general.--Section 204(b) of the Immigration and
Nationality Act (8 U.S.C. 1154(b)) is amended--
(A) by striking ``After an investigation'' and
inserting the following:
``(1) In general.--After an investigation''; and
(B) by adding at the end the following:
``(2) Death of qualifying relative.--
``(A) In general.--Any alien described in
subparagraph (B) whose qualifying relative died before
the completion of immigrant visa processing may have an
immigrant visa application adjudicated as if such death
had not occurred. An immigrant visa issued before the
death of the qualifying relative shall remain valid
after such death.
``(B) Alien described.--An alien described in this
subparagraph is an alien who--
``(i) is an immediate relative (as
described in section 201(b)(2)(A));
``(ii) is a family-sponsored immigrant (as
described in subsection (a) or (d) of section
203);
``(iii) is a derivative beneficiary of an
employment-based immigrant under section 203(b)
(as described in section 203(d)); or
``(iv) is the spouse or child of a refugee
(as described in section 207(c)(2)) or an
asylee (as described in section 208(b)(3)).''.
(2) Transition period.--
(A) In general.--Notwithstanding a denial or
revocation of an application for an immigrant visa for
an alien whose qualifying relative died before the date
of the enactment of this Act, such application may be
renewed by the alien through a motion to reopen,
without fee, if such motion is filed not later than 2
years after such date of enactment.
(B) Inapplicability of bars to entry.--
Notwithstanding section 212(a)(9) of the Immigration
and Nationality Act (8 U.S.C. 1182(a)(9)), an alien's
application for an immigrant visa shall be considered
if the alien was excluded, deported, removed, or
departed voluntarily before the date of the enactment
of this Act.
(e) Naturalization.--Section 319(a) of the Immigration and
Nationality Act (8 U.S.C. 1430(a)) is amended by inserting ``(or, if
the spouse is deceased, the spouse was a citizen of the United
States)'' after ``citizen of the United States''.
(f) Waivers of Inadmissibility.--Section 212 of the Immigration and
Nationality Act (8 U.S.C. 1182) is amended--
(1) by redesignating the second subsection (t) as
subsection (u); and
(2) by adding at the end the following:
``(v) Continued Waiver Eligibility for Widows, Widowers, and
Orphans.--In the case of an alien who would have been statutorily
eligible for any waiver of inadmissibility under this Act but for the
death of a qualifying relative, the eligibility of such alien shall be
preserved as if the death had not occurred and in place of any showing
of hardship required with respect to the deceased qualifying relative,
the alien may qualify by showing the required degree of hardship to him
or herself or to any relative of the deceased relative.''.
(g) Surviving Relative Consideration for Certain Petitions and
Applications.--Section 204(l)(2)(D) of the Immigration and Nationality
Act (8 U.S.C. 1154(l)(2)(D)) is amended by inserting ``, except that
for beneficiaries described in this subparagraph, presence in the
United States shall not be required and those not so present shall be
entitled to immigrant visas notwithstanding the death of the qualifying
relative'' before the semicolon.
SEC. 106. EXEMPTION FROM IMMIGRANT VISA LIMIT FOR CERTAIN VETERANS WHO
ARE NATIVES OF PHILIPPINES.
(a) Short Title.--This section may be cited as the ``Filipino
Veterans Family Reunification Act''.
(b) Aliens Not Subject to Direct Numerical Limitations.--Section
201(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(1))
is amended by adding at the end the following:
``(F) Aliens who are eligible for an immigrant visa under
paragraph (1) or (3) of section 203(a) and who have a parent
who was naturalized pursuant to section 405 of the Immigration
Act of 1990 (8 U.S.C. 1440 note).''.
SEC. 107. FIANCEE CHILD STATUS PROTECTION.
(a) Definition.--Section 101(a)(15)(K)(iii) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(K)(iii)) is amended by inserting
``, provided that a determination of the age of such minor child is
made using the age of the alien on the date on which the petition is
filed with the Secretary of Homeland Security to classify the alien's
parent as the fiancee or fiance of a United States citizen (in the case
of an alien parent described in clause (i)) or as the spouse of a
United States citizen under section 201(b)(2)(A)(i) (in the case of an
alien parent described in clause (ii));'' before the semicolon at the
end.
(b) Adjustment of Status Authorized.--Section 214(d) of the
Immigration and Nationality Act (8 U.S.C. 1184(d)(1)) is amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(2) in paragraph (1), by striking ``In the event'' and
inserting the following:
``(2)(A) If an alien does not marry the petitioner under paragraph
(1) within 3 months after the alien and the alien's minor children are
admitted into the United States, such alien and children shall be
required to depart from the United States. If such aliens fail to
depart from the United States, they shall be removed in accordance with
sections 240 and 241.
``(B) Subject to subparagraphs (C) and (D), if an alien marries the
petitioner described in section 101(a)(15)(K)(i) within 3 months after
the alien is admitted into the United States, the Secretary of Homeland
Security or the Attorney General, subject to the provisions of section
245(d), may adjust the status of the alien, and any minor children
accompanying or following to join the alien, to that of an alien
lawfully admitted for permanent residence on a conditional basis under
section 216 if the alien and any such minor children apply for such
adjustment and are not determined to be inadmissible to the United
States.
``(C) Paragraphs (5) and (7)(A) of section 212(a) shall not apply
to an alien who is eligible to apply for adjustment of his or her
status to an alien lawfully admitted for permanent residence under this
section.
``(D) An alien eligible for a waiver of inadmissibility as
otherwise authorized under this Act shall be permitted to apply for
adjustment of his or her status to that of an alien lawfully admitted
for permanent residence under this section.''.
(c) Age Determination.--Section 245(d) of the Immigration and
Nationality Act (8 U.S.C. 1155(d)) is amended--
(1) by inserting ``(1)'' before ``The Attorney General'';
and
(2) by adding at the end the following:
``(2) A determination of the age of an alien admitted to the United
States under section 101(a)(15)(K)(iii) shall be made, for purposes of
adjustment to the status of an alien lawfully admitted for permanent
residence on a conditional basis under section 216, using the age of
the alien on the date on which the petition is filed with the Secretary
of Homeland Security to classify the alien's parent as the fiancee or
fiance of a United States citizen (in the case of an alien parent
admitted to the United States under section 101(a)(15)(K)(i)) or as the
spouse of a United States citizen under section 201(b)(2)(A)(i) (in the
case of an alien parent admitted to the United States under section
101(a)(15)(K)(ii)).''.
(d) Effective Date.--
(1) In general.--The amendments made by this section shall
be effective as if included in the Immigration Marriage Fraud
Amendments of 1986 (Public Law 99-639).
(2) Applicability.--The amendments made by this section
shall apply to all petitions or applications described in such
amendments that--
(A) are pending as of the date of the enactment of
this Act; or
(B) have been denied, but would have been approved
if such amendments had been in effect at the time of
adjudication of the petition or application.
(3) Motion to reopen or reconsider.--A motion to reopen or
reconsider a petition or application described in paragraph
(2)(B) shall be granted if such motion is filed with the
Secretary of Homeland Security or the Attorney General not
later than 2 years after the date of the enactment of this Act.
SEC. 108. EQUAL TREATMENT FOR ALL STEPCHILDREN.
Section 101(b)(1)(B) of the Immigration and Nationality Act (8
U.S.C. 1101(b)(1)(B)) is amended by striking ``, provided the child had
not reached the age of eighteen years at the time the marriage creating
the status of stepchild occurred''.
SEC. 109. RETENTION OF PRIORITY DATES.
Section 203 of the Immigration and Nationality Act (8 U.S.C. 1153)
is amended--
(1) by amending subsection (h)(3) to read as follows:
``(3) Retention of priority date.--If the age of an alien
is determined under paragraph (1) to be 21 years of age or
older for the purposes of subsections (a)(2)(A) and (d), and a
parent of the alien files a family-based petition for such
alien, the priority date for such petition shall be the
original priority date issued upon receipt of the original
family- or employment-based petition for which either parent
was a beneficiary.''; and
(2) by adding at the end the following:
``(i) Permanent Priority Dates.--The priority date for any family-
or employment-based petition shall be the date of filing of the
petition with the Secretary of Homeland Security (or the Secretary of
State, if applicable), unless the filing of the petition was preceded
by the filing of a labor certification with the Secretary of Labor, in
which case that date shall constitute the priority date. The
beneficiary of any petition shall retain his or her earliest priority
date based on any petition filed on his or her behalf that was
approvable when filed, regardless of the category of subsequent
petitions.''.
TITLE II--UNITING AMERICAN FAMILIES ACT
SEC. 201. DEFINITIONS OF PERMANENT PARTNER AND PERMANENT PARTNERSHIP.
Section 101(a) of the Immigration and Nationality Act (8 U.S.C.
1101(a)) is amended--
(1) in paragraph (15)(K)(ii), by inserting ``or permanent
partnership'' after ``marriage''; and
(2) by adding at the end the following:
``(52) 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.
``(53) The term `permanent partnership' means the
relationship that exists between two permanent partners.
``(54) The term `alien permanent partner' means the
individual in a permanent partnership who is being sponsored
for a visa''.
SEC. 202. DEFINITION OF CHILD.
(a) Titles I and II.--Section 101(b)(1) of the Immigration and
Nationality Act (8 U.S.C. 1101(b)(1)) is amended by adding at the end
the following:
``(H)(i) a biological child of an alien permanent partner
if the child was under the age of 18 at the time the permanent
partnership was formed; or
``(ii) a child adopted by an alien permanent partner while
under the age of 16 years if the child has been in the legal
custody of, and has resided with, such adoptive parent for at
least 2 years and if the child was under the age of 18 at the
time the permanent partnership was formed.''.
(b) Title III.--Section 101(c) of the Immigration and Nationality
Act (8 U.S.C. 1101(c)) is amended--
(1) in paragraph (1), by inserting ``or as described in
subsection (b)(1)(H)'' after ``The term `child' means an
unmarried person under twenty-one years of age''; and
(2) in paragraph (2), by inserting ``or a deceased
permanent partner of the deceased parent, father, or mother,''
after ``deceased parent, father, and mother''.
SEC. 203. WORLDWIDE LEVEL OF IMMIGRATION.
Section 201(b)(2)(A)(i) of the Immigration and Nationality Act (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 it appears;
(3) by inserting ``(or, in the case of a permanent
partnership, whose permanent partnership was not terminated)''
after ``was not legally separated from the citizen''; and
(4) by striking ``remarries.'' and inserting ``remarries or
enters a permanent partnership with another person.''.
SEC. 204. NUMERICAL LIMITATIONS ON INDIVIDUAL FOREIGN STATES.
(a) Per Country Levels.--Section 202(a)(4) of the Immigration and
Nationality Act (8 U.S.C. 1152(a)(4)) is amended--
(1) in the heading, by inserting ``, permanent partners,''
after ``spouses'';
(2) in the heading of subparagraph (A), by inserting ``,
permanent partners,'' after ``Spouses''; and
(3) in the heading of subparagraph (C), by striking ``and
daughters'' inserting ``without permanent partners and
unmarried daughters without permanent partners''.
(b) Rules for Chargeability.--Section 202(b)(2) of such Act (8
U.S.C. 1152(b)(2)) is amended--
(1) by inserting ``or permanent partner'' after ``spouse''
each place it appears; and
(2) by inserting ``or permanent partners'' after ``husband
and wife''.
SEC. 205. ALLOCATION OF IMMIGRANT VISAS.
(a) Preference Allocation for Family Members of Permanent Resident
Aliens.--Section 203(a)(2) of the Immigration and Nationality Act (8
U.S.C. 1153(a)(2)) is amended--
(1) in the heading--
(A) by striking ``and'' after ``spouses'' and
inserting ``, permanent partners,''; and
(B) by inserting ``without permanent partners''
after ``sons'' and after ``daughters'';
(2) in subparagraph (A), by inserting ``, permanent
partners,'' after ``spouses''; and
(3) in subparagraph (B), by inserting ``without permanent
partners'' after ``sons'' and after ``daughters''.
(b) Preference Allocation for Sons and Daughters of Citizens.--
Section 203(a)(3) of such Act (8 U.S.C. 1153(a)(3)) is amended--
(1) in the 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)(ii) of such Act (8
U.S.C. 1153(b)(5)(A)(ii)) is amended by inserting ``permanent
partner,'' after ``spouse,''.
(d) Treatment of Family Members.--Section 203(d) of such Act (8
U.S.C. 1153(d)) is amended--
(1) by inserting ``, permanent partner,'' after ``spouse''
each place it appears; and
(2) by striking ``or (E)'' and inserting ``(E), or (H)''.
SEC. 206. PROCEDURE FOR GRANTING IMMIGRANT STATUS.
(a) Classification Petitions.--Section 204(a)(1) of the Immigration
and Nationality Act (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 it appears; and
(B) in subclause (I), by inserting ``or permanent
partnership'' after ``marriage'' each place it appears;
(3) in subparagraph (A)(v)(I), by inserting ``permanent
partner,'' after ``is the spouse,'';
(4) in subparagraph (A)(vi)--
(A) by inserting ``or termination of the permanent
partnership'' after ``divorce''; and
(B) by inserting ``, permanent partner,'' after
``spouse''; and
(5) in subparagraph (B)--
(A) by inserting ``or permanent partner'' after
``spouse'' each place it appears;
(B) by inserting ``or permanent partnership'' after
``marriage'' in clause (ii)(I)(aa) and the first place
it appears in clause (ii)(I)(bb); and
(C) in clause (ii)(II)(aa)(CC)(bbb), by inserting
``(or the termination of the permanent partnership)''
after ``termination of the marriage''.
(b) Immigration Fraud Prevention.--Section 204(c) of such Act (8
U.S.C. 1154(c)) is amended--
(1) by inserting ``or permanent partner'' after ``spouse''
each place it appears; and
(2) by inserting ``or permanent partnership'' after
``marriage'' each place it appears.
(c) Restrictions on Petitions Based on Marriages Entered While in
Exclusion or Deportation Proceedings.--Section 204(g) of such Act (8
U.S.C. 1154(g)) is amended by inserting ``or permanent partnership''
after ``marriage'' each place it appears.
(d) Survival of Rights to Petition.--Section 204(h) of such Act (8
U.S.C. 1154(h)) is amended--
(1) by inserting ``or permanent partnership'' after
``marriage'' each place it appears; and
(2) by inserting ``or formation of a new permanent
partnership'' after ``Remarriage''.
SEC. 207. ANNUAL ADMISSION OF REFUGEES AND ADMISSION OF EMERGENCY
SITUATION REFUGEES.
Section 207(c) of the Immigration and Nationality Act (8 U.S.C.
1157(c) is amended--
(1) in paragraph (2)--
(A) by inserting ``or permanent partner'' after
``spouse'' each place it appears;
(B) by inserting ``or permanent partner's'' after
``spouse's''; and
(C) in subparagraph (A)--
(i) by striking ``or'' after ``(D),''; and
(ii) by inserting ``, or (H)'' after
``(E)''; and
(2) in paragraph (4), by inserting ``or permanent partner''
after ``spouse.''.
SEC. 208. ASYLUM.
Section 208(b)(3) of the Immigration and Nationality Act (8 U.S.C.
1158(b)(3)) is amended--
(1) in the paragraph heading, by inserting ``or permanent
partner'' after ``spouse'';
(2) in subparagraph (A)--
(A) by inserting ``or permanent partner'' after
``spouse'';
(B) by striking ``or'' after ``(D),''; and
(C) by inserting ``, or (H)'' after ``(E)''.
SEC. 209. ADJUSTMENT OF STATUS OF REFUGEES.
Section 209(b)(3) of the Immigration and Nationality Act (8 U.S.C.
1159(b)(3)) is amended by inserting ``or permanent partner'' after
``spouse''.
SEC. 210. INADMISSIBLE ALIENS.
(a) Classes of Aliens Ineligible for Visas or Admission.--Section
212(a) of the Immigration and Nationality Act (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) of such Act (8 U.S.C. 1182(d)) is
amended--
(1) in paragraph (11), by inserting ``permanent partner,''
after ``spouse,''; and
(2) in paragraph (12), by inserting ``, permanent
partner,'' after ``spouse''.
(c) Waivers of Inadmissibility on Health-Related Grounds.--Section
212(g)(1)(A) of such Act (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) of such Act (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) of such Act (8 U.S.C. 1182(i)(1)) is amended by inserting
``permanent partner,'' after ``spouse,''.
SEC. 211. NONIMMIGRANT STATUS FOR PERMANENT PARTNERS AWAITING THE
AVAILABILITY OF AN IMMIGRANT VISA.
Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184)
is amended--
(1) in subsection (e)(2), by inserting ``or permanent
partner'' after ``spouse''; and
(2) in subsection (r)--
(A) in paragraph (1), by inserting ``or permanent
partner'' after ``spouse''; and
(B) by inserting ``or permanent partnership'' after
``marriage'' each place it appears.
SEC. 212. DERIVATIVE STATUS FOR PERMANENT PARTNERS OF NONIMMIGRANT VISA
HOLDERS.
Section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)) is amended--
(1) in subparagraph (A)--
(A) in clause (i), by inserting ``, which shall
include permanent partners'' after ``immediate
family'';
(B) in clause (ii), by inserting ``, which shall
include permanent partners'' after ``immediate
families''; and
(C) in clause (iii), by inserting ``, which shall
include permanent partners,'' after ``immediate
families,'';
(2) in subparagraph (E), by inserting ``or permanent
partner'' after ``spouse'';
(3) in subparagraph (F)(ii), by inserting ``or permanent
partner'' after ``spouse'';
(4) in subparagraph (G)(i), by inserting ``, which shall
include his or her permanent partner'' after ``members of his
or their immediate family'';
(5) in subparagraph (G)(ii), by inserting ``, which shall
include permanent partners,'' after ``the members of their
immediate families'';
(6) in subparagraph (G)(iii), by inserting ``, which shall
include his permanent partner,'' after ``the members of his
immediate family'';
(7) in subparagraph (G)(iv), by inserting ``, which shall
include permanent partners'' after ``the members of their
immediate families'';
(8) in subparagraph (G)(v), by inserting ``, which shall
include permanent partners'' after ``the members of the
immediate families'';
(9) in subparagraph (H), by inserting ``or permanent
partner'' after ``spouse'';
(10) in subparagraph (I), by inserting ``or permanent
partner'' after ``spouse'';
(11) in subparagraph (J), by inserting ``or permanent
partner'' after ``spouse'';
(12) in subparagraph (L), by inserting ``or permanent
partner'' after ``spouse'';
(13) in subparagraph (M)(ii), by inserting ``or permanent
partner'' after ``spouse'';
(14) in subparagraph (O)(iii), by inserting ``or permanent
partner'' after ``spouse'';
(15) in subparagraph (P)(iv), by inserting ``or permanent
partner'' after ``spouse'';
(16) in subparagraph (Q)(ii)(II), by inserting ``or
permanent partner'' after ``spouse'';
(17) in subparagraph (R), by inserting ``or permanent
partner'' after ``spouse'';
(18) in subparagraph (S), by inserting ``or permanent
partner'' after ``spouse'';
(19) in subparagraph (T)(ii)(I), by inserting ``or
permanent partner'' after ``spouse'';
(20) in subparagraph (T)(ii)(II), by inserting ``or
permanent partner'' after ``spouse'';
(21) in subparagraph (U)(ii)(I), by inserting ``or
permanent partner'' after ``spouse'';
(22) in subparagraph (U)(ii)(II), by inserting ``or
permanent partner'' after ``spouse''; and
(23) in subparagraph (V), by inserting ``permanent partner
or'' after ``beneficiary (including a''.
SEC. 213. CONDITIONAL PERMANENT RESIDENT STATUS FOR CERTAIN ALIEN
SPOUSES, PERMANENT PARTNERS, AND SONS AND DAUGHTERS.
(a) Section Heading.--
(1) In general.--The heading for section 216 of the
Immigration and Nationality Act (8 U.S.C. 1186a) is amended by
inserting ``and permanent partners'' after ``spouses''.
(2) Clerical amendment.--The table of contents of such Act
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) of such Act (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) of such Act (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 it 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 it
appears.
(e) Contents of Petition.--Section 216(d)(1) of such Act (8 U.S.C.
1186a(d)(1)) is amended--
(1) in the heading of 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''.
(f) Definitions.--Section 216(g) of such Act (8 U.S.C. 1186a(g)) is
amended--
(1) in paragraph (1)--
(A) by inserting ``or permanent partner'' after
``spouse'' each place it appears; and
(B) by inserting ``or permanent partnership'' after
``marriage'' each place it 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 it appears; and
(B) by inserting ``or permanent partnership'' after
``marriage''.
SEC. 214. CONDITIONAL PERMANENT RESIDENT STATUS FOR CERTAIN ALIEN
ENTREPRENEURS, SPOUSES, PERMANENT PARTNERS, AND CHILDREN.
(a) Section Heading.--
(1) In general.--The heading for section 216A of the
Immigration and Nationality Act (8 U.S.C. 1186b) is amended by
inserting ``or permanent partners'' after ``spouses''.
(2) Clerical amendment.--The table of contents of such Act
is amended by amending the item relating to section 216A to
read as follows:
``Sec. 216A. Conditional permanent resident status for certain alien
entrepreneurs, spouses or permanent
partners, and children.''.
(b) In General.--Section 216A(a) of such Act (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 it appears.
(c) Termination of Status if Finding That Qualifying
Entrepreneurship Improper.--Section 216A(b)(1) of such Act (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) of such Act (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) of such Act (8 U.S.C.
1186b(f)(2)) is amended by inserting ``or permanent partner'' after
``spouse'' each place it appears.
SEC. 215. 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 it appears;
(2) in paragraphs (1)(E)(ii), (1)(E)(iii), and
(1)(H)(I)(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
Secretary of Homeland Security 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 Secretary of Homeland Security that the
alien has failed or refused to fulfill the
alien's permanent partnership which in the
opinion of the Secretary of Homeland Security
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 it
appears.
SEC. 216. REMOVAL PROCEEDINGS.
Section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a)
is amended--
(1) in the heading of subsection (c)(7)(C)(iv), by
inserting ``permanent partners,'' after ``spouses,''; and
(2) in subsection (e)(1), by inserting ``or permanent
partner'' after ``spouse''.
SEC. 217. CANCELLATION OF REMOVAL; ADJUSTMENT OF STATUS.
Section 240A(b) of the Immigration and Nationality Act (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 it appears.
SEC. 218. ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON
ADMITTED FOR PERMANENT RESIDENCE.
(a) Prohibition on Adjustment of Status.--Section 245(d) of the
Immigration and Nationality Act (8 U.S.C. 1255(d)) is amended by
inserting ``or permanent partnership'' after ``marriage''.
(b) Avoiding Immigration Fraud.--Section 245(e) of such Act (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 Secretary of Homeland
Security that the permanent partnership was entered into in good faith
and in accordance with section 101(a)(52) 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) of such Act (8 U.S.C. 1255(i)(1)) is amended by inserting
``or permanent partner'' after ``spouse'' each place it appears.
(d) Adjustment of Status for Certain Alien Informants.--Section
245(j) of such Act (8 U.S.C. 1255(j)) is amended--
(1) in paragraph (1)--
(A) by inserting ``or permanent partner'' after
``spouse''; and
(B) by inserting ``sons and daughters with and
without permanent partners,'' after ``daughters,''; and
(2) in paragraph (2)--
(A) by inserting ``or permanent partner'' after
``spouse''; and
(B) by inserting ``sons and daughters with and
without permanent partners,'' after ``daughters,''.
(e) Trafficking.--Section 245(l)(1) of such Act is amended by
inserting ``permanent partner,'' after ``spouse,''.
SEC. 219. APPLICATION OF CRIMINAL PENALTIES FOR MISREPRESENTATION AND
CONCEALMENT OF FACTS REGARDING PERMANENT PARTNERSHIPS.
Section 275(c) of the Immigration and Nationality Act (8 U.S.C.
1325(c)) is amended to read as follows:
``(c) Any individual who knowingly enters into a marriage or
permanent partnership for the purpose of evading any provision of the
immigration laws shall be imprisoned for not more than 5 years, or
fined not more than $250,000, or both.''.
SEC. 220. REQUIREMENTS AS TO RESIDENCE, GOOD MORAL CHARACTER,
ATTACHMENT TO THE PRINCIPLES OF THE CONSTITUTION.
Section 316(b) of the Immigration and Nationality Act (8 U.S.C.
1427(b)) is amended by inserting ``or permanent partner'' after
``spouse''.
SEC. 221. NATURALIZATION FOR PERMANENT PARTNERS OF CITIZENS.
Section 319 of the Immigration and Nationality Act (8 U.S.C. 1430)
is amended--
(1) in subsection (a), by inserting ``or permanent
partner'' after ``spouse'' each place it appears;
(2) in subsection (a), by inserting ``or permanent
partnership'' after ``marital union'';
(3) in subsection (b)(1), by inserting ``or permanent
partner'' after ``spouse'';
(4) in subsection (b)(3), by inserting ``or permanent
partner'' after ``spouse'';
(5) in subsection (d)--
(A) by inserting ``or permanent partner'' after
``spouse'' each place it appears; and
(B) by inserting ``or permanent partnership'' after
``marital union'';
(6) in subsection (e)(1)--
(A) by inserting ``or permanent partner'' after
``spouse''; and
(B) by inserting ``or permanent partnership'' after
``marital union''; and
(7) in subsection (e)(2), by inserting ``or permanent
partner'' after ``spouse''.
SEC. 222. APPLICATION OF FAMILY UNITY PROVISIONS TO PERMANENT PARTNERS
OF CERTAIN LIFE ACT BENEFICIARIES.
Section 1504 of the LIFE Act (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 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 it appears.
SEC. 223. APPLICATION TO CUBAN ADJUSTMENT ACT.
(a) In General.--The first section of Public Law 89-732 (November
2, 1966; 8 U.S.C. 1255 note) is amended--
(1) in the next to last sentence, by inserting ``,
permanent partner,'' after ``spouse'' the first two places it
appears; and
(2) in the last sentence, by inserting ``, permanent
partners,'' after ``spouses''.
(b) Conforming Amendments.--
(1) Immigration and nationality act.--Section 101(a)(51)(D)
of the Immigration and Nationality Act (8 U.S.C.
1101(a)(51)(D)) is amended by striking ``or spouse'' and
inserting ``, spouse, or permanent partner''.
(2) Violence against women act.--Section
1506(c)(2)(A)(I)(IV) of the Violence Against Women Act of 2000
(8 U.S.C. 1229a note; division B of Public Law 106-386) is
amended by striking ``or spouse'' and inserting ``, spouse, or
permanent partner''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Immigration Policy and Enforcement.
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