I
113th CONGRESS
1st Session
H. R. 717
IN THE HOUSE OF REPRESENTATIVES
February 14, 2013
Mr. Honda (for himself, Mr. Gutierrez, Ms. Pelosi, Mr. Becerra, Mr. Conyers, Ms. Lofgren, Ms. Chu, Mr. Nadler, Ms. Lee of California, Mr. Grijalva, Mr. Ellison, Mr. Polis, Ms. Wasserman Schultz, Ms. Bordallo, Mr. Israel, Ms. Clarke, Mr. Rangel, Ms. Schakowsky, Ms. Wilson of Florida, Mr. Holt, Mr. Farr, Mr. Al Green of Texas, Mr. Rush, Mr. Hastings of Florida, Mr. Sires, Ms. Eddie Bernice Johnson of Texas, Mr. Lowenthal, Mr. Blumenauer, Mr. Moran, Ms. Eshoo, Mrs. Napolitano, Mr. McGovern, Mr. Faleomavaega, Mr. Deutch, Mrs. Capps, Mr. Quigley, Ms. Gabbard, Mr. Pocan, Ms. Pingree of Maine, Ms. Sinema, Mr. Capuano, Mr. Takano, Ms. Meng, Mr. Tonko, Mr. Sablan, Ms. Castor of Florida, Ms. Speier, Mr. Cicilline, Mr. Cárdenas, Mr. Connolly, Mrs. Carolyn B. Maloney of New York, Ms. Moore, Mr. Welch, Mr. Pierluisi, Mr. Vargas, Mr. Langevin, Ms. Tsongas, Mrs. Davis of California, Mr. Markey, Mr. Veasey, Mr. Swalwell of California, and Mr. Serrano) 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.
Short title; table of contents
Short title
This Act may be cited
as the
Reuniting Families
Act
.
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. Fiancée 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.
Reducing family-based visa backlogs and promoting family reunification
Recapture of immigrant visas lost to bureaucratic delay
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:
Worldwide level of family-Sponsored immigrants
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—
480,000; and
the sum of—
the number computed under paragraph (2); and
the number computed under paragraph (3).
Unused visa numbers from previous fiscal year
The number computed under this paragraph for a fiscal year is the difference, if any, between—
the worldwide level of family-sponsored immigrant visas established for the previous fiscal year; and
the number of visas issued under section 203(a), subject to this subsection, during the previous fiscal year.
Unused visa numbers from fiscal years 1992 through 2011
The number computed under this paragraph is the difference, if any, between—
the difference, if any, between—
the sum of the worldwide levels of family-sponsored immigrant visas established for fiscal years 1992 through 2011; and
the number of visas issued under section 203(a), subject to this subsection, during such fiscal years; and
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.
.
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:
Worldwide level of employment-Based immigrants
In general
The worldwide level of employment-based immigrants under this subsection for a fiscal year is equal to the sum of—
140,000;
the number computed under paragraph (2); and
the number computed under paragraph (3).
Unused visa numbers from previous fiscal year
The number computed under this paragraph for a fiscal year is the difference, if any, between—
the worldwide level of employment-based immigrant visas established for the previous fiscal year; and
the number of visas issued under section 203(b), subject to this subsection, during the previous fiscal year.
Unused visa numbers from fiscal years 1992 through 2011
The number computed under this paragraph is the difference, if any, between—
the difference, if any, between—
the sum of the worldwide levels of employment-based immigrant visas established for each of fiscal years 1992 through 2011; and
the number of visas issued under section 203(b), subject to this subsection, during such fiscal years; and
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.
.
Section 201(b) of the Immigration and Nationality Act (8 U.S.C. 1151(b)) is amended by adding at the end the following:
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.
Aliens described in section 203(d) whose spouse or parent is entitled to an immigrant status under 203(b).
.
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.
Reclassification of spouses and minor children of legal permanent residents as immediate relatives
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:
Immediate relative
In general
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.
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.
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.
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 date on which the spouse remarries.
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.
Birth during temporary visit abroad
Aliens born to an alien lawfully admitted for permanent residence during a temporary visit abroad.
.
Allocation of immigrant visas
Section 203(a) of the Immigration and Nationality Act (8 U.S.C. 1153(a)) is amended—
in paragraph (1),
by striking 23,400
and inserting 127,200
;
by striking paragraph (2) and inserting the following:
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).
;
in paragraph (3),
by striking 23,400
and inserting 80,640
;
and
in paragraph (4),
by striking 65,000
and inserting 191,520
.
Technical and conforming amendments
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—
in paragraph (1),
by striking paragraphs (2) and (3),
and inserting
paragraph (2),
;
by striking paragraph (2);
by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; and
in paragraph (3),
as redesignated by subparagraph (C), by striking through (3)
and
inserting and (2)
.
Numerical limitation to any single foreign state
Section 202 of the Immigration and Nationality Act (8 U.S.C. 1152) is amended—
in subsection (a)(4)—
by striking subparagraphs (A) and (B);
by redesignating subparagraphs (C) and (D) as subparagraphs (A) and (B), respectively; and
in
subparagraph (A), as redesignated by clause (ii), by striking
section
203(a)(2)(B)
and inserting
section 203(a)(2)
; and
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)
.
Allocation of immigration visas
Section 203(h) of the Immigration and Nationality Act (8 U.S.C. 1153(h)) is amended—
in paragraph (1)—
in
the matter preceding subparagraph (A), by striking
subsections (a)(2)(A)
and (d)
and inserting subsection (d)
;
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
in
subparagraph (B), by striking applicable
;
by amending paragraph (2) to read as follows:
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
in paragraph (3),
by striking
subsections (a)(2)(A) and (d)
and inserting
subsection (d)
.
Procedure for granting immigrant status
Section 204 of the Immigration and Nationality Act (8 U.S.C. 1154) is amended—
in subsection (a)(1)—
in subparagraph (A)—
in clause (i), by
inserting or lawful permanent resident
after
citizen
;
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)
;
in clause (iii)—
in
subclause (I)(aa), by inserting or legal permanent resident
after citizen
; and
in subclause (II)(aa)—
in
subitems (AA) and (BB), by inserting or legal permanent
resident;
after citizen
each place that term
appears;
in
subitem (CC), by inserting or legal permanent resident
after
citizen
each place that term appears; and
in
subitem (CC)(bbb), by inserting or legal permanent resident
after citizenship
;
in clause (iv),
by inserting or legal permanent resident
after
citizen
each place that term appears;
in clause (v)(I),
by inserting or legal permanent resident
after
citizen
; and
in clause (vi)—
by
inserting or legal permanent resident status
after
renunciation of citizenship
; and
by
inserting or legal permanent resident
after abuser’s
citizenship
;
by striking subparagraph (B);
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
in
subparagraph (J), by striking or clause (ii) or (iii) of subparagraph
(B)
;
in subsection (a), by striking paragraph (2);
in subsection
(c)(1), by striking or preference status
; and
in subsection (h),
by striking or a petition filed under subsection
(a)(1)(B)(ii)
.
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 15 percent (in the case of a single
foreign state) or 5 percent
.
Promoting family unity
Aliens previously removed
Section 212(a)(9) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(9)) is amended—
in subparagraph (B)—
in clause (iii)—
in
subclause (I), by striking 18 years of age
and inserting
21 years of age
;
by moving subclause (V) 4 ems to the right; and
by adding at the end the following:
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
in clause (v)—
by
striking spouse or son or daughter
and inserting spouse,
son, daughter, or parent
;
by
striking extreme
;
by
inserting , son, daughter, or
after lawfully resident
spouse
; and
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
in subparagraph (C)—
by amending clause (ii) to read as follows:
Exceptions
Clause (i) shall not apply to an alien—
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
for whom an immigrant visa is available or was available on or before the date of the enactment of the Reuniting Families Act .
;
by redesignating clause (iii) as clause (iv); and
by inserting after clause (ii) the following:
For purposes of determining whether an alien has accumulated an aggregate period of more than 1 year of unlawful presence under clause (i), the same rules of unlawful presence construction under section 212(a)(9)(B)(ii) and the exceptions under section 212(a)(9)(B)(iii) shall apply.
.
Misrepresentations
The Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended—
by amending section 212(a)(6)(C)(ii) (8 U.S.C. 1182(a)(6)(C)(ii)) to read as follows:
Misrepresentation of citizenship
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.
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.
;
in
section 212(a)(6)(C)(iii) (8 U.S.C.
1182(a)(6)(C)(iii)), by striking of clause (i)
;
by amending subsection (i)(1) of section 212 (8 U.S.C. 1182(i)(1)) to read as follows:
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.
; and
by amending section 237(a)(3)(D) (8 U.S.C. 1227(a)(3)(D)) to read as follows:
Misrepresentation of citizenship
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.
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.
.
Relief for orphans, widows, and widowers
In general
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.
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—
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
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)).
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—
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
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)).
Processing of immigrant visas and derivative petitions
In general
Section 204(b) of the Immigration and Nationality Act (8 U.S.C. 1154(b)) is amended—
by striking
After an investigation
and inserting the following:
In general
After an investigation
; and
by adding at the end the following:
Death of qualifying relative
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.
Alien described
An alien described in this subparagraph is an alien who—
is an immediate relative (as described in section 201(b)(2)(A));
is a family-sponsored immigrant (as described in subsection (a) or (d) of section 203);
is a derivative beneficiary of an employment-based immigrant under section 203(b) (as described in section 203(d)); or
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)).
.
Transition period
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.
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.
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
.
Waivers of inadmissibility
Section 212 of the Immigration and Nationality Act (8 U.S.C. 1182) is amended—
by redesignating the second subsection (t) as subsection (u); and
by adding at the end the following:
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.
.
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—
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
by striking
any related applications,
and inserting any related
applications (including affidavits of support),
.
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
.
Family-Sponsored immigrants
Section 212(a)(4)(C)(i) is amended—
in subclause (I),
by striking , or
and inserting a semicolon;
in subclause (II),
by striking or
at the end; and
by adding at the end the following:
the status as a surviving relative under 204(l); or
.
Exemption from immigrant visa limit for certain veterans who are natives of Philippines
Short title
This section may be
cited as the
Filipino Veterans Family
Reunification Act
.
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:
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).
.
Fiancée child status protection
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 fiancée or fiancé 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.
Adjustment of status authorized
Section 214(d) of the Immigration and Nationality Act (8 U.S.C. 1184(d)(1)) is amended—
by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and
in paragraph (1),
by striking In the event
and inserting the following:
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.
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.
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.
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.
.
Age determination
Section 245(d) of the Immigration and Nationality Act (8 U.S.C. 1155(d)) is amended—
by inserting
(1)
before The Attorney General
; and
by adding at the end the following:
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 fiancée or fiancé 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)).
.
Effective date
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).
Applicability
The amendments made by this section shall apply to all petitions or applications described in such amendments that—
are pending as of the date of the enactment of this Act; or
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.
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.
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
.
Retention of priority dates
Section 203 of the Immigration and Nationality Act (8 U.S.C. 1153) is amended—
by amending subsection (h)(3) to read as follows:
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
by adding at the end the following:
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.
.
Uniting American Families Act
Definitions of permanent partner and permanent partnership
Section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)) is amended—
in paragraph
(15)(K)(ii), by inserting or permanent partnership
after
marriage
; and
by adding at the end the following:
The term permanent partner means an individual 18 years of age or older who—
is in a committed, intimate relationship with another individual 18 years of age or older in which both parties intend a lifelong commitment;
is financially interdependent with that other individual;
is not married to or in a permanent partnership with anyone other than that other individual;
is unable to contract with that other individual a marriage cognizable under this Act; and
is not a first, second, or third degree blood relation of that other individual.
The term permanent partnership means the relationship that exists between two permanent partners.
The term alien permanent partner means the individual in a permanent partnership who is being sponsored for a visa
.
Definition of child
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:
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
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.
.
Title III
Section 101(c) of the Immigration and Nationality Act (8 U.S.C. 1101(c)) is amended—
in paragraph (1),
by inserting or as described in subsection (b)(1)(H)
after
The term
; andchild
means an unmarried person under twenty-one
years of age
in paragraph (2),
by inserting or a deceased permanent partner of the deceased parent,
father, or mother,
after deceased parent, father, and
mother
.
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—
by inserting
permanent partners,
after spouses,
;
by inserting
or permanent partner
after spouse
each place it
appears;
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
by striking
remarries.
and inserting remarries or enters a permanent
partnership with another person.
.
Numerical limitations on individual foreign states
Per country levels
Section 202(a)(4) of the Immigration and Nationality Act (8 U.S.C. 1152(a)(4)) is amended—
in the heading, by
inserting
, permanent
partners,
after
spouses
;
in the heading of
subparagraph (A), by inserting
, permanent partners,
after
spouses
; and
in the heading of subparagraph (C), by
striking
and
daughters
inserting
without permanent partners and unmarried
daughters without permanent partners
.
Rules for chargeability
Section 202(b)(2) of such Act (8 U.S.C. 1152(b)(2)) is amended—
by inserting
or permanent partner
after spouse
each place it
appears; and
by inserting
or permanent partners
after husband and
wife
.
Allocation of immigrant visas
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—
in the heading—
by striking
and
after
spouses
and inserting
, permanent
partners,
; and
by inserting
without permanent
partners
after
sons
and after
daughters
;
in subparagraph
(A), by inserting , permanent partners,
after
spouses
; and
in subparagraph (B), by inserting
without permanent partners
after sons
and after
daughters
.
Preference allocation for sons and daughters of citizens
Section 203(a)(3) of such Act (8 U.S.C. 1153(a)(3)) is amended—
in the heading, by
inserting
and daughters
and sons with permanent partners
after
daughters
; and
by inserting
, or daughters or sons with permanent partners,
after
daughters
.
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,
.
Treatment of family members
Section 203(d) of such Act (8 U.S.C. 1153(d)) is amended—
by inserting
, permanent partner,
after spouse
each place it
appears; and
by striking
or (E)
and inserting (E), or (H)
.
Procedure for granting immigrant status
Classification petitions
Section 204(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)) is amended—
in subparagraph
(A)(ii), by inserting or permanent partner
after
spouse
;
in subparagraph (A)(iii)—
by inserting
or permanent partner
after spouse
each place it
appears; and
in subclause (I),
by inserting or permanent partnership
after
marriage
each place it appears;
in subparagraph
(A)(v)(I), by inserting permanent partner,
after is the
spouse,
;
in subparagraph (A)(vi)—
by inserting
or termination of the permanent partnership
after
divorce
; and
by inserting
, permanent partner,
after spouse
; and
in subparagraph (B)—
by inserting
or permanent partner
after spouse
each place it
appears;
by inserting
or permanent partnership
after marriage
in clause
(ii)(I)(aa) and the first place it appears in clause (ii)(I)(bb); and
in clause
(ii)(II)(aa)(CC)(bbb), by inserting (or the termination of the permanent
partnership)
after termination of the marriage
.
Immigration fraud prevention
Section 204(c) of such Act (8 U.S.C. 1154(c)) is amended—
by inserting
or permanent partner
after spouse
each place it
appears; and
by inserting
or permanent partnership
after marriage
each
place it appears.
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.
Survival of rights To petition
Section 204(h) of such Act (8 U.S.C. 1154(h)) is amended—
by inserting
or permanent partnership
after marriage
each
place it appears; and
by inserting
or formation of a new permanent partnership
after
Remarriage
.
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—
in paragraph (2)—
by inserting
or permanent partner
after spouse
each place it
appears;
by inserting
or permanent partner’s
after spouse’s
; and
in subparagraph (A)—
by
striking or
after (D),
; and
by
inserting , or (H)
after (E)
; and
in paragraph (4),
by inserting or permanent partner
after
spouse
.
Asylum
Section 208(b)(3) of the Immigration and Nationality Act (8 U.S.C. 1158(b)(3)) is amended—
in the paragraph
heading, by inserting
or
permanent partner
after
spouse
;
in subparagraph (A)—
by inserting
or permanent partner
after spouse
;
by striking
or
after (D),
; and
by inserting
, or (H)
after (E)
.
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
.
Inadmissible aliens
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—
in paragraph
(3)(D)(iv), by inserting permanent partner,
after
spouse,
;
in paragraph
(4)(C)(I)(I), by inserting , permanent partner,
after
spouse
;
in paragraph
(6)(E)(ii), by inserting permanent partner,
after
spouse,
; and
in paragraph
(9)(B)(v), by inserting , permanent partner,
after
spouse
.
Waivers
Section 212(d) of such Act (8 U.S.C. 1182(d)) is amended—
in paragraph (11),
by inserting permanent partner,
after spouse,
;
and
in paragraph (12),
by inserting , permanent partner,
after
spouse
.
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
.
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,
.
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,
.
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—
in subsection (e)(2), by inserting
or permanent partner
after spouse
; and
in subsection (r)—
in paragraph (1), by inserting or
permanent partner
after spouse
; and
by inserting
or permanent partnership
after marriage
each
place it appears.
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—
in subparagraph (A)—
in clause (i), by
inserting , which shall include permanent partners
after
immediate family
;
in clause (ii), by
inserting , which shall include permanent partners
after
immediate families
; and
in clause (iii),
by inserting , which shall include permanent partners,
after
immediate families,
;
in subparagraph
(E), by inserting or permanent partner
after
spouse
;
in subparagraph
(F)(ii), by inserting or permanent partner
after
spouse
;
in subparagraph
(G)(i), by inserting , which shall include his or her permanent
partner
after members of his or their immediate
family
;
in subparagraph
(G)(ii), by inserting , which shall include permanent partners,
after the members of their immediate families
;
in subparagraph
(G)(iii), by inserting , which shall include his permanent
partner,
after the members of his immediate
family
;
in subparagraph
(G)(iv), by inserting , which shall include permanent partners
after the members of their immediate families
;
in subparagraph
(G)(v), by inserting , which shall include permanent partners
after the members of the immediate families
;
in subparagraph
(H), by inserting or permanent partner
after
spouse
;
in subparagraph
(I), by inserting or permanent partner
after
spouse
;
in subparagraph
(J), by inserting or permanent partner
after
spouse
;
in subparagraph
(L), by inserting or permanent partner
after
spouse
;
in subparagraph
(M)(ii), by inserting or permanent partner
after
spouse
;
in subparagraph
(O)(iii), by inserting or permanent partner
after
spouse
;
in subparagraph
(P)(iv), by inserting or permanent partner
after
spouse
;
in subparagraph
(Q)(ii)(II), by inserting or permanent partner
after
spouse
;
in subparagraph
(R), by inserting or permanent partner
after
spouse
;
in subparagraph
(S), by inserting or permanent partner
after
spouse
;
in subparagraph
(T)(ii)(I), by inserting or permanent partner
after
spouse
;
in subparagraph
(T)(ii)(II), by inserting or permanent partner
after
spouse
;
in subparagraph
(U)(ii)(I), by inserting or permanent partner
after
spouse
;
in subparagraph
(U)(ii)(II), by inserting or permanent partner
after
spouse
; and
in subparagraph
(V), by inserting permanent partner or
after beneficiary
(including a
.
Conditional permanent resident status for certain alien spouses, permanent partners, and sons and daughters
Section heading
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
.
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.
.
In general
Section 216(a) of such Act (8 U.S.C. 1186a(a)) is amended—
in paragraph (1),
by inserting or permanent partner
after
spouse
;
in paragraph
(2)(A), by inserting or permanent partner
after
spouse
;
in paragraph
(2)(B), by inserting permanent partner,
after
spouse,
; and
in paragraph
(2)(C), by inserting permanent partner,
after
spouse,
.
Termination of status if finding that qualifying marriage improper
Section 216(b) of such Act (8 U.S.C. 1186a(b)) is amended—
in the heading, by
inserting
or permanent
partnership
after
marriage
;
in paragraph
(1)(A), by inserting or permanent partnership
after
marriage
; and
in paragraph (1)(A)(ii)—
by inserting
or has ceased to satisfy the criteria for being considered a permanent
partnership under this Act,
after terminated,
;
and
by inserting
or permanent partner
after spouse
.
Requirements of timely petition and interview for removal of condition
Section 216(c) of such Act (8 U.S.C. 1186a(c)) is amended—
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
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.
Contents of petition
Section 216(d)(1) of such Act (8 U.S.C. 1186a(d)(1)) is amended—
in the heading of
subparagraph (A), by inserting
or permanent partnership
after
marriage
;
in subparagraph
(A)(i), by inserting or permanent partnership
after
marriage
;
in subparagraph
(A)(I)(I), by inserting before the comma at the end , or is a permanent
partnership recognized under this Act
;
in subparagraph (A)(I)(II)—
by inserting
or has not ceased to satisfy the criteria for being considered a
permanent partnership under this Act,
after terminated,
;
and
by inserting
or permanent partner
after spouse
;
in subparagraph
(A)(ii), by inserting or permanent partner
after
spouse
; and
in subparagraph (B)(i)—
by inserting
or permanent partnership
after marriage
;
and
by inserting
or permanent partner
after spouse
.
Definitions
Section 216(g) of such Act (8 U.S.C. 1186a(g)) is amended—
in paragraph (1)—
by inserting
or permanent partner
after spouse
each place it
appears; and
by inserting
or permanent partnership
after marriage
each
place it appears;
in paragraph (2),
by inserting or permanent partnership
after
marriage
;
in paragraph (3),
by inserting or permanent partnership
after
marriage
; and
in paragraph (4)—
by inserting
or permanent partner
after spouse
each place it
appears; and
by inserting
or permanent partnership
after marriage
.
Conditional permanent resident status for certain alien entrepreneurs, spouses, permanent partners, and children
Section heading
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
.
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.
.
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.
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).
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
.
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.
Deportable aliens
Section 237(a) of the Immigration and Nationality Act (8 U.S.C. 1227(a)) is amended—
in paragraph
(1)(D)(i), by inserting or permanent partners
after
spouses
each place it appears;
in paragraphs
(1)(E)(ii), (1)(E)(iii), and (1)(H)(I)(I), by inserting or permanent
partner
after spouse
;
by adding at the end of paragraph (1) the following new subparagraph:
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—
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
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
in paragraphs
(2)(E)(i) and (3)(C)(ii), by inserting or permanent partner
after spouse
each place it appears.
Removal proceedings
Section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a) is amended—
in the heading of
subsection (c)(7)(C)(iv), by inserting
permanent partners,
after
spouses,
; and
in subsection
(e)(1), by inserting or permanent partner
after
spouse
.
Cancellation of removal; adjustment of status
Section 240A(b) of the Immigration and Nationality Act (8 U.S.C. 1229b(b)) is amended—
in paragraph
(1)(D), by inserting or permanent partner
after
spouse
;
in the heading for
paragraph (2), by inserting
, permanent partner,
after
spouse
; and
in paragraph
(2)(A), by inserting , permanent partner,
after
spouse
each place it appears.
Adjustment of status of nonimmigrant to that of person admitted for permanent residence
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
.
Avoiding immigration fraud
Section 245(e) of such Act (8 U.S.C. 1255(e)) is amended—
in paragraph (1),
by inserting or permanent partnership
after
marriage
; and
by adding at the end the following new paragraph:
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.
.
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.
Adjustment of status for certain alien informants
Section 245(j) of such Act (8 U.S.C. 1255(j)) is amended—
in paragraph (1)—
by inserting
or permanent partner
after spouse
; and
by inserting
sons and daughters with and without permanent partners,
after
daughters,
; and
in paragraph (2)—
by inserting
or permanent partner
after spouse
; and
by inserting
sons and daughters with and without permanent partners,
after
daughters,
.
Trafficking
Section
245(l)(1) of such Act is amended by inserting permanent partner,
after spouse,
.
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:
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.
.
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
.
Naturalization for permanent partners of citizens
Section 319 of the Immigration and Nationality Act (8 U.S.C. 1430) is amended—
in subsection (a),
by inserting or permanent partner
after spouse
each place it appears;
in subsection (a),
by inserting or permanent partnership
after marital
union
;
in subsection
(b)(1), by inserting or permanent partner
after
spouse
;
in subsection
(b)(3), by inserting or permanent partner
after
spouse
;
in subsection (d)—
by inserting
or permanent partner
after spouse
each place it
appears; and
by inserting
or permanent partnership
after marital
union
;
in subsection (e)(1)—
by inserting
or permanent partner
after spouse
; and
by inserting
or permanent partnership
after marital union
;
and
in subsection
(e)(2), by inserting or permanent partner
after
spouse
.
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—
in the heading, by
inserting
, permanent
partners,
after
spouses
;
in subsection (a),
by inserting , permanent partner,
after spouse
;
and
in each of subsections (b) and (c)—
in the subsection
headings, by inserting
,
permanent partners,
after
spouses
; and
by inserting
, permanent partner,
after spouse
each place it
appears.
Application to Cuban Adjustment Act
In general
The first section of Public Law 89–732 (November 2, 1966; 8 U.S.C. 1255 note) is amended—
in the next to
last sentence, by inserting , permanent partner,
after
spouse
the first two places it appears; and
in the last
sentence, by inserting , permanent partners,
after
spouses
.
Conforming amendments
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
.
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
.
