No official summary available for this bill.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3419 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 3419
To amend the Immigration and Nationality Act to promote family unity,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 10, 2025
Ms. Hirono (for herself and Ms. Duckworth) introduced the following
bill; which was read twice and 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, permanent partners, 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 the Philippines.
Sec. 107. Fiancee child status protection.
Sec. 108. Equal treatment for all stepchildren.
Sec. 109. Retention of priority dates.
Sec. 110. Relief for spouses and children on other visas.
Sec. 111. Extension of the application period for certain aliens
present in the United States for adjustment
of status.
Sec. 112. Expansion of cancellation of removal.
Sec. 113. Prohibition on removal of aliens with pending applications.
TITLE II--UNITING AMERICAN FAMILIES ACT
Sec. 201. Definitions of permanent partner and permanent partnership.
Sec. 202. Definition of child.
Sec. 203. Numerical limitations on individual foreign states.
Sec. 204. Allocation of immigrant visas.
Sec. 205. Procedure for granting immigrant status.
Sec. 206. Annual admission of refugees and admission of emergency
situation refugees.
Sec. 207. Asylum.
Sec. 208. Adjustment of status of refugees.
Sec. 209. Inadmissible aliens.
Sec. 210. Nonimmigrant status for permanent partners awaiting the
availability of an immigrant visa.
Sec. 211. Derivative status for permanent partners of nonimmigrant visa
holders.
Sec. 212. Conditional permanent resident status for certain alien
spouses, permanent partners, and sons and
daughters.
Sec. 213. Conditional permanent resident status for certain alien
entrepreneurs, spouses, permanent partners,
and children.
Sec. 214. Deportable aliens.
Sec. 215. Removal proceedings.
Sec. 216. Cancellation of removal; adjustment of status.
Sec. 217. Adjustment of status of nonimmigrant to that of person
admitted for permanent residence.
Sec. 218. Application of criminal penalties for misrepresentation and
concealment of facts regarding permanent
partnerships.
Sec. 219. Requirements as to residence, good moral character,
attachment to the principles of the
Constitution.
Sec. 220. Naturalization for permanent partners of citizens.
Sec. 221. Application of family unity provisions to permanent partners
of certain LIFE Act beneficiaries.
Sec. 222. Application to Cuban Adjustment Act.
Sec. 223. Nationality at birth.
TITLE III--PROMOTING DIVERSITY AND PROTECTING AGAINST DISCRIMINATION IN
OUR IMMIGRATION SYSTEM
Sec. 301. Increasing diversity visas.
Sec. 302. Addressing the impact of the Muslim and African bans.
TITLE IV--ADDRESSING THE NEEDS OF REFUGEE FAMILIES
Sec. 401. Prioritization of family reunification in refugee
resettlement process.
Sec. 402. Priority 3 family reunification cases.
Sec. 403. Admission of refugee families and timely adjudication.
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.--The worldwide level of family-sponsored
immigrants under this subsection for a fiscal year is equal to
the sum of--
``(A) 480,000;
``(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 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
2025.--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 2025; 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 2025 that were issued after fiscal year
2025 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
2025.--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 2025; 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 2025 that were issued after fiscal year
2025 under section 203(b), subject to this
subsection.''.
(c) Aliens Not Subject to Direct Numerical Limitations.--Section
201(b) of the Immigration and Nationality Act (8 U.S.C. 1151(b)) is
amended by adding at the end the following:
``(3)(A) Aliens who are beneficiaries (including derivative
beneficiaries) of approved immigrant petitions bearing priority
dates more than ten years prior to the alien's application for
admission as an immigrant or adjustment of status.
``(B) Aliens described in section 203(d).''.
(d) 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, PERMANENT PARTNERS, 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, permanent partner, or
parent of a citizen of the United States or a
child, spouse, or permanent partner of a lawful
permanent resident (and for each family member
of a citizen or lawful permanent resident under
this subparagraph, such individual's spouse,
permanent partner, 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 section 204(a)(1)(A)(ii) within 2 years
after such date or prior to reaching 21 years
of age.
``(iv) Spouse or permanent partner.--An
alien who was the spouse or permanent partner
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 or permanent partnership 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 (or, in the case of a permanent
partnership, whose permanent partnership was
not terminated) 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 or permanent partner files a
petition under section 204(a)(1)(A)(ii) before
the date on which the spouse or permanent
partner remarries or enters a permanent
partnership with another person.
``(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, permanent partner, 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 without permanent partners and
unmarried daughters without permanent partners of permanent
resident aliens.--Qualified immigrants who are the unmarried
sons without permanent partners or unmarried daughters without
permanent partners (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) 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)''.
(3) 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 ``20 percent (in the case
of a single foreign state) or 5 percent''.
SEC. 104. PROMOTING FAMILY UNITY.
(a) Repeal of Three- and Ten-Year and Permanent Bars.--Section
212(a)(9) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(9))
is amended to read as follows:
``(9) Aliens previously removed.--
``(A) Arriving alien.--Any alien who has been
ordered removed under section 235(b)(1) or at the end
of proceedings under section 240 initiated upon the
alien's arrival in the United States and who again
seeks admission within 5 years of the date of such
removal (or within 20 years in the case of a second or
subsequent removal or at any time in the case of an
alien convicted of an aggravated felony) is
inadmissible.
``(B) Other aliens.--Any alien not described in
subparagraph (A), and who seeks admission within 10
years of the date of such alien's departure or removal
(or within 20 years of such date in the case of a
second or subsequent removal or at any time in the case
of an alien convicted of an aggravated felony), is
inadmissible if the alien--
``(i) has been ordered removed under
section 240 or any other provision of law; or
``(ii) departed the United States while an
order of removal was outstanding.
``(C) Exception.--Subparagraphs (A) and (B) shall
not apply to an alien seeking admission within a period
if, prior to the date of the alien's reembarkation at a
place outside the United States or attempt to be
admitted from foreign contiguous territory, the
Secretary of Homeland Security has consented to the
alien's reapplying for admission.''.
(b) Misrepresentations.--The Immigration and Nationality Act (8
U.S.C. 1101 et seq.) is amended--
(1) by amending section 212(a)(6)(C)(ii) (8 U.S.C.
1182(a)(6)(C)(ii)) to read as follows:
``(ii) Misrepresentation of citizenship.--
``(I) In general.--Any alien who
willfully misrepresents, or has
willfully misrepresented, himself or
herself to be a citizen of the United
States for any purpose or benefit under
this Act (including section 274A) or
any Federal or State law is
inadmissible.
``(II) Exception.--In the case of
an alien making a misrepresentation
described in subclause (I), if the
alien was under the age of 21 at the
time of making such misrepresentation
that he or she was a citizen, the alien
shall not be considered to be
inadmissible under any provision of
this subsection based on such
misrepresentation.'';
(2) in section 212(a)(6)(C)(iii) (8 U.S.C.
1182(a)(6)(C)(iii)), by striking ``of clause (i)'';
(3) by amending subsection (i)(1) of section 212 (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, permanent partner, 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.''; and
(4) by amending section 237(a)(3)(D) (8 U.S.C.
1227(a)(3)(D)) to read as follows:
``(D) Misrepresentation of citizenship.--
``(i) In general.--Any alien who willfully
misrepresents, or has willfully misrepresented,
himself to be a citizen of the United States
for any purpose or benefit under this Act
(including section 274A) or any Federal or
State law is deportable.
``(ii) Exception.--In the case of an alien
making a misrepresentation described in
subclause (i), if the alien was under the age
of 21 at the time of making such
misrepresentation that he or she was a citizen,
the alien shall not be considered to be
deportable under any provision of this
subsection based on such misrepresentation.''.
(c) Waivers of Inadmissibility.--Section 212 of the Immigration and
Nationality Act (8 U.S.C. 1182) is amended by inserting after
subsection (b) the following:
``(c) Notwithstanding any other provision of law, the Secretary of
Homeland Security or the Attorney General may waive the operation of
any one or more grounds of inadmissibility set forth in this section
for humanitarian purposes, to assure family unity, or when it is
otherwise in the public interest. This waiver shall be available to
individuals eligible for relief under subsection (h).''.
(d) Waivers of Deportability.--Section 237 of the Immigration and
Nationality Act (8 U.S.C. 1227) is amended by adding at the end the
following:
``(e) Notwithstanding any other provision of law, the Secretary of
Homeland Security or the Attorney General may waive the operation of
any one or more grounds of removal set forth in this section for
humanitarian purposes, to assure family unity, or when it is otherwise
in the public interest.''.
SEC. 105. RELIEF FOR ORPHANS, WIDOWS, AND WIDOWERS.
(a) In General.--
(1) Special rule for orphans, spouses, and permanent
partners.--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)).
(3) Eligibility for parole.--If an alien described in
section 204(l) of the Immigration and Nationality Act (8 U.S.C.
1154(l)), 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 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) 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, permanent partner, 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.
(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.
(c) Naturalization.--Section 319(a) of the Immigration and
Nationality Act (8 U.S.C. 1430(a)) is amended--
(1) by inserting ``or permanent partner'' after ``spouse''
each place such term appears;
(2) by inserting ``(or, if the spouse is deceased, the
spouse was a citizen of the United States)'' after ``citizen of
the United States''; and
(3) by inserting ``or permanent partnership'' after
``marital union''.
(d) 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 the death of the
qualifying relative shall be the functional equivalent of hardship for
purposes of any waiver of inadmissibility which requires a showing of
hardship.''.
(e) Surviving Relative Consideration for Certain Petitions and
Applications.--Section 204(l)(1) of the Immigration and Nationality Act
(8 U.S.C. 1154(l)(1)) is amended--
(1) by striking ``who resided in the United States at the
time of the death of the qualifying relative and who continues
to reside in the United States''; and
(2) by striking ``any related applications,'' and inserting
``any related applications (including affidavits of
support),''.
(f) Immediate Relatives.--Section 201(b)(2)(A)(i) of the
Immigration and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)) is amended
by striking ``within 2 years after such date''.
(g) Family-Sponsored Immigrants.--Section 212(a)(4)(C)(i) is
amended--
(1) in subclause (I), by striking ``, or'' and inserting a
semicolon;
(2) in subclause (II), by striking ``or'' at the end; and
(3) by adding at the end the following:
``(IV) the status as a surviving
relative under section 204(l); or''.
SEC. 106. EXEMPTION FROM IMMIGRANT VISA LIMIT FOR CERTAIN VETERANS WHO
ARE NATIVES OF THE 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
``, if 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 or permanent partner
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 or permanent partner 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.''.
SEC. 110. RELIEF FOR SPOUSES AND CHILDREN ON OTHER VISAS.
(a) Work Authorization for Holders.--Section 214 of the Immigration
and Nationality Act (8 U.S.C. 1184) is amended by adding at the end the
following:
``(s) In the case of an alien spouse or child over the age of 16
admitted under subparagraphs (E), (H), (L), and (O) of section
101(a)(15)(H) who is accompanying or following to join a principle
alien admitted under such section, the Secretary shall authorize such
nonimmigrant to engage in employment in the United States and provide
the nonimmigrant with an `employment authorized' endorsement or other
appropriate work permit.''.
(b) Protecting H-4 Children Who Age Out of Status.--
(1) Section 214(g)(4) of the Immigration and Nationality
Act (8 U.S.C. 1184(g)) is amending by inserting at the end
``The following exceptions apply:
``(A) Any alien who--
``(i) is the beneficiary of a petition
filed under section 204(a) of that Act for a
preference status under paragraph (1), (2), or
(3) of section 203(b) of that Act; and
``(ii) is eligible to be granted that
status but for application of the per country
limitations applicable to immigrants under
those paragraphs, may apply for, and the
Attorney General may grant, an extension of
such nonimmigrant status until the alien's
application for adjustment of status has been
processed and a decision made thereon.
``(B) The children, accompanying or following to
join, an alien described in (A) shall be eligible to
apply for and receive an extension of their
nonimmigrant status, regardless of their age, so long
as--
``(i) the parent of a minor described in
(A) maintains their nonimmigrant status; and
``(ii) the alien was under 18 years of age
when they were first granted nonimmigrant
status as an alien accompanying or following to
join, the nonimmigrant parent.''.
(2) Section 203(h) of the Immigration and Nationality Act
(8 U.S.C. 1153(h)) is amended by inserting at the end of the
paragraph:
``(5) Notwithstanding paragraph (1), a determination of
whether an alien described under section 204(g)(4)(B) satisfies
the age requirement for purposes of a derivative visa or
adjustment of status application under paragraph (1), (2), or
(3) of section 203(b) of the Immigration and Nationality Act
shall be made using the age of the alien on the date the
petitioner files a petition on behalf of the parent beneficiary
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 be used to
identify the age.''.
SEC. 111. EXTENSION OF THE APPLICATION PERIOD FOR CERTAIN ALIENS
PRESENT IN THE UNITED STATES FOR ADJUSTMENT OF STATUS.
Section 245(i) of the Immigration and Nationality Act (8 U.S.C.
1255(i)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), in the undesignated matter
following clause (ii), by striking the semicolon and
inserting ``; and'';
(B) in subparagraph (B)--
(i) in clause (i), by striking ``April 30,
2001'' and inserting ``the date that is not
later than 5 years after the date of the
enactment of the Reuniting Families Act''; and
(ii) in clause (ii), by striking ``; and''
and inserting a period; and
(C) by striking subparagraph (C); and
(2) by amending paragraph (3)(B) to read as follows:
``(B) Any remaining portion of such fees remitted under such
paragraphs shall be deposited into the Immigration Examinations Fee
Account established under section 286(m).''.
SEC. 112. EXPANSION OF CANCELLATION OF REMOVAL.
(a) In General.--Section 240A of the Immigration and Nationality
Act (8 U.S.C. 1229b) is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking ``10''
and inserting ``7''; and
(ii) by amending subparagraph (D) to read
as follows:
``(D) establishes that removal would result in
extreme hardship to--
``(i) the alien; or
``(ii) the alien's spouse or permanent
partner, parent, or child who is a citizen of
the United States or an alien lawfully admitted
for permanent residence.''; and
(B) by adding at the end the following:
``(7) Affirmative application process.--
``(A) In general.--The Secretary of Homeland
Security may cancel the removal of, and adjust to the
status of an alien lawfully admitted for permanent
residence, an alien described in paragraph (1) or (2),
who--
``(i) demonstrates that the alien is the
spouse, permanent partner, parent, son or
daughter, or legal guardian of a citizen of the
United States; and
``(ii) submits to the Secretary of Homeland
Security an application at such time, in such
manner, and containing such information as the
Secretary may reasonably require.
``(B) Numerical limitations.--Notwithstanding any
other provision of law, an alien admitted to the United
States under this section shall not be subject to any
numerical limitation.''; and
(2) by striking subsection (e).
(b) Regulations.--The Secretary of Homeland Security shall
promulgate regulations setting forth procedures and requirements with
respect to the processing and adjudication of affirmative applications
for cancellation of removal under paragraph (7) of section 240A(b) of
the Immigration and Nationality Act (8 U.S.C. 1229b(b)), as added by
subsection (a)(1)(B).
SEC. 113. PROHIBITION ON REMOVAL OF ALIENS WITH PENDING APPLICATIONS.
(a) In General.--Section 235 of the Immigration and Nationality Act
(8 U.S.C. 1225) is amended--
(1) in the section heading, by inserting ``; prohibition on
removal'' after ``hearing''; and
(2) by adding at the end the following:
``(e) Prohibition on Removal of Aliens With Certain Pending
Petitions and Applications.--
``(1) Beneficiaries of petitions for immigrant visas.--An
alien who is the beneficiary (including a spouse or child of
the principal alien, if eligible to receive a visa under
section 203(d)) of a petition for classification under section
204 that was filed with the Secretary of Homeland Security and
who is prima facie eligible for approval may not be removed
while such petition or application is pending or a decision on
such petition or application is on appeal.
``(2) Applicants for certain nonimmigrant and special
immigrant classifications and cancellation of removal.--An
applicant for classification as a nonimmigrant described in
subparagraph (T), (U), or (V) of section 101(a)(15), an
applicant for classification as a special immigrant under
section 101(a)(27)(J), or an applicant for cancellation of
removal under section 240A may not be removed while such
application is pending or a decision on such application is on
appeal.''.
(b) Conforming Amendment.--The table of contents at the beginning
of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is
amended by striking the item relating to section 235 and inserting the
following:
``Sec. 235. Inspection by immigration officers; expedited removal of
inadmissible arriving aliens; referral for
hearing; prohibition on removal.''.
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, unless the Secretary of Homeland Security
or the Secretary of State has determined, on a case-by-
case basis, that the requirement under this
subparagraph is unreasonable;
``(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. 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 paragraph 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'' and 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. 204. ALLOCATION OF IMMIGRANT VISAS.
(a) Preference Allocation for Sons and Daughters of Citizens.--
Section 203(a)(3) of the Immigration and Nationality 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''.
(b) 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,''.
(c) 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. 205. 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. 206. 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. 207. 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''; and
(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. 208. 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. 209. 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. 210. 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. 211. 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. 212. 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 paragraphs (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. 213. 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. 214. 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''; and
(3) in paragraphs (2)(E)(i) and (3)(C)(ii), by inserting
``or permanent partner'' after ``spouse'' each place it
appears.
SEC. 215. 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. 216. 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 the heading for paragraph (2), by inserting ``,
permanent partner,'' after ``spouse''; and
(2) in paragraph (2)(A), by inserting ``, permanent
partner,'' after ``spouse'' each place it appears.
SEC. 217. 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. 218. 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. 219. 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. 220. NATURALIZATION FOR PERMANENT PARTNERS OF CITIZENS.
Section 319 of the Immigration and Nationality Act (8 U.S.C. 1430)
is amended--
(1) in subsection (b)(1), by inserting ``or permanent
partner'' after ``spouse'';
(2) in subsection (b)(3), by inserting ``or permanent
partner'' after ``spouse'';
(3) 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'';
(4) in subsection (e)(1)--
(A) by inserting ``or permanent partner'' after
``spouse''; and
(B) by inserting ``or permanent partnership'' after
``marital union''; and
(5) in subsection (e)(2), by inserting ``or permanent
partner'' after ``spouse''.
SEC. 221. 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. 222. 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''.
SEC. 223. NATIONALITY AT BIRTH.
Section 301 of the Immigration and Nationality Act (8 U.S.C. 1401)
is amended by adding at the end the following:
``(i) Any reference to `a person born of parents' in this section
shall include the following:
``(1) Any legally recognized parent-child relationship
formed within the first year of a person's life regardless of
any genetic or gestational relationship.
``(2) Either parent of a child born through Assisted
Reproductive Technology who is legally recognized as a parent
in the relevant jurisdiction regardless of any genetic or
gestational relationship.
``(3) The spouse of a parent at the time of birth, where
both of the following apply:
``(A) At least one parent is a legally recognized
parent.
``(B) The marriage occurred before the child's
birth and is recognized in the United States,
regardless of where the parents reside.''.
TITLE III--PROMOTING DIVERSITY AND PROTECTING AGAINST DISCRIMINATION IN
OUR IMMIGRATION SYSTEM
SEC. 301. INCREASING DIVERSITY VISAS.
Section 201(e) of the Immigration and Nationality Act (8 U.S.C.
1151(e)) is amended by striking ``55,000'' and inserting ``80,000''.
SEC. 302. ADDRESSING THE IMPACT OF THE MUSLIM AND AFRICAN BANS.
Section 201 of the Immigration and Nationality Act (8 U.S.C. 1151)
is amended by adding at the end the following:
``(g) Diversity Visas.--Notwithstanding section
204(a)(1)(I)(ii)(II), an immigrant visa for an alien selected in
accordance with section 203(e)(2) in fiscal year 2017, 2018, 2019,
2020, 2021, or 2022 shall remain available to such alien (and the
spouse and children of such alien) if--
``(1) the alien was refused a visa, prevented from seeking
admission, or denied admission to the United States solely
because of Executive Order 13769, Executive Order 13780,
Presidential Proclamation 9645, or Presidential Proclamation
9983; or
``(2) because of restrictions or limitations on visa
processing, visa issuance, travel, or other effects associated
with the COVID-19 public health emergency--
``(A) the alien was unable to receive a visa
interview despite submitting an Online Immigrant Visa
and Alien Registration Application (Form DS-260) to the
Secretary of State; or
``(B) the alien was unable to seek admission or was
denied admission to the United States despite being
approved for a visa under section 203(c).''.
TITLE IV--ADDRESSING THE NEEDS OF REFUGEE FAMILIES
SEC. 401. PRIORITIZATION OF FAMILY REUNIFICATION IN REFUGEE
RESETTLEMENT PROCESS.
(a) In General.--The Secretary of State shall prioritize refugees
seeking reunification with relatives living in the United States,
regardless of the nationality of such refugees.
(b) Regulations.--
(1) In general.--The Secretary of State, in consultation
with the Secretary of Homeland Security, shall promulgate
regulations to ensure that an individual seeking admission to
the United States as a refugee shall not be excluded from being
interviewed for refugee status based on--
(A) a close family relationship to a citizen or
lawful permanent resident of the United States;
(B) a potential qualification of the individual for
an immigrant visa; or
(C) a pending application by the individual for
admission to the United States.
(2) Simultaneous consideration.--The regulations
promulgated under paragraph (1) shall ensure that an applicant
for admission as a refugee is permitted to pursue
simultaneously admission to the United States--
(A) as a refugee; and
(B) under any visa category for which the applicant
may be eligible.
(c) Notice of Separate Travel.--In the case of an applicant for
admission under section 207 of the Immigration and Nationality Act (8
U.S.C. 1157) the application of whom is placed on hold for more than
three months and one or more members of the family of the applicant
have separate pending applications for admission under such section,
the Secretary of Homeland Security shall--
(1) notify any individual on that case who is eligible to
travel separately of the option to separate the case of the
individual from the family unit; and
(2) permit the individual to travel based on the
satisfaction by the individual of all security and other
requirements for a refugee application.
(d) Use of Embassy Referrals.--
(1) In general.--The Secretary of State shall set forth a
plan to ensure that each United States embassy and consulate is
equipped and enabled to refer individuals in need of
resettlement to the United States refugee admissions program.
(2) Training.--The Secretary of State shall undertake
training for embassy personnel to ensure that each embassy and
consulate has sufficient knowledge and expertise to carry out
this paragraph.
SEC. 402. PRIORITY 3 FAMILY REUNIFICATION CASES.
(a) In General.--Because of the importance of reuniting immediate
refugee families who have been separated while fleeing from
persecution, Priority 3 processing shall be made available to
individuals of all nationalities, including stateless individuals.
(b) Universal Eligibility for All Nationalities.--
(1) In general.--Eligible Priority 3 Affidavit of
Relationship filers will include those admitted in asylum,
refugee, or Afghan and Iraqi special immigrants admitted under
section 1059 of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109-163; 8 U.S.C. 1101 note),
section 1244 of the Refugee Crisis in Iraq Act of 2007 (Public
Law 110-181; 8 U.S.C. 1157 note), and section 602 of the Afghan
Allies Protection Act of 2009 (Public Law 111-8; 8 U.S.C. 1101
note).
(2) Eligible affidavit of relationship files.--Eligible
Affidavit of Relationship (referred to in this section as
``AOR'') filers include individuals who are lawful permanent
residents of the United States or United States citizens who
initially were admitted to the United States in a status
described in paragraph (1).
(c) Requirements.--The United States-based filer shall be at least
18 years of age at the time that the AOR is filed. The filer shall file
the AOR not later than 5 years after the date they were admitted as a
refugee or special immigrant or were granted asylum. The Secretary of
State may reject any AOR for a relationship that does not comport with
public policy, such as underage or plural marriages.
(d) Family Members Included.--
(1) In general.--The following family members of the United
States-based family members are qualified for Priority 3
access:
(A) Spouse or permanent partner.
(B) Unmarried children who are younger than 21
years of age.
(C) Parents.
(2) Partners.--The Secretary of State may allow a
qualifying individual to file for Priority 3 access for a
partner of any gender if the filer can provide evidence of a
relationship with the partner for at least one year overseas
prior to the submission of the AOR and considered that person
to be his or her spouse or life partner, and that the
relationship is ongoing, together with evidence that legal
marriage was not an obtainable option due to social or legal
prohibitions.
(e) Derivative Refugee Status.--In addition to the qualifying
family members of a United States-based individual identified above,
the qualifying family member's spouse or permanent partner, as well as
unmarried children younger than 21 years of age, may derive refugee
status from the principal applicant for refugee status.
(f) Additional Qualifying Family Members.--On a case-by-case basis,
an individual may be added to a qualifying family member's Priority 3
case if that individual--
(1) lived in the same household as the qualifying family
member in the country of nationality or, if stateless, last
habitual residence;
(2) was part of the same economic unit as the qualifying
family member in the country of nationality or, if stateless,
last habitual residence; and
(3) demonstrates exceptional and compelling humanitarian
circumstances that justify inclusion on the qualifying family
member's case.
SEC. 403. ADMISSION OF REFUGEE FAMILIES AND TIMELY ADJUDICATION.
Section 207(c)(2) of the Immigration and Nationality Act (8 U.S.C.
1157(c)(2)) is amended to read as follows:
``(2)(A)(i) Irrespective of the date on which such refugee was
admitted to the United States, the spouse or permanent partner, or a
child (as defined in section 101(b)(1)) of any refugee, or the parent
or de facto guardian (as determined by the Secretary of Homeland
Security) of such a child who qualifies for admission under paragraph
(1), if not otherwise entitled to admission under such paragraph and
not described in section 101(a)(42)(B), shall be entitled to the same
admission status as such refugee if--
``(I) accompanying, or following to join, such
refugee; and
``(II) admissible (except as otherwise provided
under paragraph (3)) as an immigrant under this
chapter.
``(ii) The admission to the United States of a spouse or permanent
partner, child, parent, or guardian described in clause (i) shall not
be charged against the numerical limitation established in accordance
with the appropriate subsection under which the refugee's admission is
charged.
``(B) A mother or father who seeks to accompany, or follow to join,
an alien child granted admission as a refugee under this subsection
shall continue to be classified as a parent for purposes of this
paragraph if the alien child attains 21 years of age while the
application filed under this paragraph is pending.
``(C) The parent or de facto guardian (as determined by the
Secretary of Homeland Security) of a refugee child admitted under this
section and was admitted under the Unaccompanied Refugee Minors Program
(as described in subparagraph (D), (E), or (H) of section 101(b)(1))
shall be treated in accordance with subparagraph (A) if such parent or
guardian seeks to follow to join such refugee child and the minor
consents to being joined by such individual.
``(D)(i) Not later than 1 year after the date on which an
application for refugee status is filed under this paragraph--
``(I) required screenings and background checks shall be
completed; and
``(II) the application shall be adjudicated.
``(ii) The adjudication of an application may exceed the timeframe
under clause (i) only in exceptional circumstances in which additional
time to process an application is necessary to satisfy national
security concerns, if the Secretary of Homeland Security has--
``(I) made a determination that the applicant meets the
requirements for refugee status under this section; and
``(II) notified the applicant of such determination.''.
<all>
Introduced in Senate
Read twice and referred to the Committee on the Judiciary.
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