HR 1024 IHCommentsClose CommentsPermalink

To amend the Immigration and Nationality Act to eliminate discrimination in the immigration laws by permitting permanent partners of United States citizens and lawful permanent residents to obtain lawful permanent resident status in the same manner as spouses of citizens and lawful permanent residents and to penalize immigration fraud in connection with permanent partnerships.CommentsClose CommentsPermalink

February 12, 2009CommentsClose CommentsPermalink

Mr. NADLER of New York (for himself, Mr. ABERCROMBIE, Mr. ACKERMAN, Ms. BALDWIN, Mr. BECERRA, Ms. BERKLEY, Mr. BERMAN, Mr. BLUMENAUER, Mrs. CAPPS, Mr. CAPUANO, Mr. CARSON of Indiana, Mr. COURTNEY, Mr. CROWLEY, Mr. DAVIS of Illinois, Mrs. DAVIS of California, Mr. DEFAZIO, Ms. DEGETTE, Mr. DELAHUNT, Mr. DOYLE, Mr. ELLISON, Mr. ENGEL, Ms. ESHOO, Mr. FARR, Mr. FATTAH, Mr. FILNER, Mr. FRANK of Massachusetts, Mr. GRIJALVA, Mr. GUTIERREZ, Mr. HINCHEY, Ms. HIRONO, Mr. HOLT, Mr. HONDA, Ms. JACKSON-LEE of Texas, Mr. JOHNSON of Georgia, Mr. KUCINICH, Mr. LANGEVIN, Ms. LEE of California, Mr. LEVIN, Mr. LEWIS of Georgia, Mrs. LOWEY, Mrs. MALONEY, Mr. MARKEY of Massachusetts, Ms. MATSUI, Mrs. MCCARTHY of New York, Ms. MCCOLLUM, Mr. MCGOVERN, Mr. MICHAUD, Ms. MOORE of Wisconsin, Mr. MORAN of Virginia, Mrs. NAPOLITANO, Mr. NEAL of Massachusetts, Ms. NORTON, Mr. OLVER, Mr. PASCRELL, Mr. PAYNE, Ms. PINGREE of Maine, Mr. POLIS of Colorado, Mr. ROTHMAN of New Jersey, Ms. ROYBAL-ALLARD, Ms. LINDA T. SANCHEZ of California, Ms. SCHAKOWSKY, Mr. SERRANO, Mr. SHERMAN, Ms. SUTTON, Mrs. TAUSCHER, Ms. TSONGAS, Mr. TIERNEY, Ms. VELAZQUEZ, Ms. WASSERMAN SCHULTZ, Mr. WAXMAN, Mr. WELCH, Mr. WEINER, Mr. WEXLER, Ms. WOOLSEY, Mr. WU, Mr. HARE, Ms. EDDIE BERNICE JOHNSON of Texas, Ms. SPEIER, Mr. SCHIFF, and Mr. STARK) introduced the following bill; which was referred to the Committee on the JudiciaryCommentsClose CommentsPermalink

To amend the Immigration and Nationality Act to eliminate discrimination in the immigration laws by permitting permanent partners of United States citizens and lawful permanent residents to obtain lawful permanent resident status in the same manner as spouses of citizens and lawful permanent residents and to penalize immigration fraud in connection with permanent partnerships.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE; AMENDMENTS TO IMMIGRATION AND NATIONALITY ACT; TABLE OF CONTENTS.

(a) Short Title- This Act may be cited as the ‘Uniting American Families Act of 2009’.CommentsClose CommentsPermalink





(b) Amendments to Immigration and Nationality Act- Except as otherwise specifically provided whenever in this Act, an amendment or repeal is expressed as the amendment or repeal of a section or other provision, the reference shall be considered to be made to that section or provision in the Immigration and Nationality Act.CommentsClose CommentsPermalink





(c) Table of Contents- The table of contents of this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title; amendments to Immigration and Nationality Act; table of contents.CommentsClose CommentsPermalink





Sec. 2. Definitions of permanent partner and permanent partnership.CommentsClose CommentsPermalink





Sec. 3. Worldwide level of immigration.CommentsClose CommentsPermalink





Sec. 4. Numerical limitations on individual foreign states.CommentsClose CommentsPermalink





Sec. 5. Allocation of immigrant visas.CommentsClose CommentsPermalink





Sec. 6. Procedure for granting immigrant status.CommentsClose CommentsPermalink





Sec. 7. Annual admission of refugees and admission of emergency situation refugees.CommentsClose CommentsPermalink





Sec. 8. Asylum.CommentsClose CommentsPermalink





Sec. 9. Adjustment of status of refugees.CommentsClose CommentsPermalink





Sec. 10. Inadmissible aliens.CommentsClose CommentsPermalink





Sec. 11. Nonimmigrant status for permanent partners awaiting the availability of an immigrant visa.CommentsClose CommentsPermalink





Sec. 12. Conditional permanent resident status for certain alien spouses, permanent partners, and sons and daughters.CommentsClose CommentsPermalink





Sec. 13. Conditional permanent resident status for certain alien entrepreneurs, spouses, permanent partners, and children.CommentsClose CommentsPermalink





Sec. 14. Deportable aliens.CommentsClose CommentsPermalink





Sec. 15. Removal proceedings.CommentsClose CommentsPermalink





Sec. 16. Cancellation of removal; adjustment of status.CommentsClose CommentsPermalink





Sec. 17. Adjustment of status of nonimmigrant to that of person admitted for permanent residence.CommentsClose CommentsPermalink





Sec. 18. Application of criminal penalties to for misrepresentation and concealment of facts regarding permanent partnerships.CommentsClose CommentsPermalink





Sec. 19. Requirements as to residence, good moral character, attachment to the principles of the constitution.CommentsClose CommentsPermalink





Sec. 20. Application of family unity provisions to permanent partners of certain LIFE Act beneficiaries.CommentsClose CommentsPermalink





Sec. 21. Application to Cuban Adjustment Act.CommentsClose CommentsPermalink

SEC. 2. DEFINITIONS OF PERMANENT PARTNER AND PERMANENT PARTNERSHIP.

Section 101(a) (8 U.S.C. 1101(a)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (15)(K)(ii), by inserting ‘or permanent partnership’ after ‘marriage’; andCommentsClose CommentsPermalink





(2) by adding at the end the following:CommentsClose CommentsPermalink





‘(52) The term ‘permanent partner’ means an individual 18 years of age or older who--CommentsClose CommentsPermalink





‘(A) is in a committed, intimate relationship with another individual 18 years of age or older in which both parties intend a lifelong commitment;CommentsClose CommentsPermalink





‘(B) is financially interdependent with that other individual;CommentsClose CommentsPermalink





‘(C) is not married to or in a permanent partnership with anyone other than that other individual;CommentsClose CommentsPermalink





‘(D) is unable to contract with that other individual a marriage cognizable under this Act; andCommentsClose CommentsPermalink





‘(E) is not a first, second, or third degree blood relation of that other individual.CommentsClose CommentsPermalink





‘(53) The term ‘permanent partnership’ means the relationship that exists between two permanent partners.’.CommentsClose CommentsPermalink

SEC. 3. WORLDWIDE LEVEL OF IMMIGRATION.

Section 201(b)(2)(A)(i) (8 U.S.C. 1151(b)(2)(A)(i)) is amended--CommentsClose CommentsPermalink





(1) by inserting ‘permanent partners,’ after ‘spouses,’;CommentsClose CommentsPermalink





(2) by inserting ‘or permanent partner’ after ‘spouse’ each place it appears;CommentsClose CommentsPermalink





(3) by inserting ‘(or, in the case of a permanent partnership, whose permanent partnership was not terminated)’ after ‘was not legally separated from the citizen’; andCommentsClose CommentsPermalink





(4) by striking ‘remarries.’ and inserting ‘remarries or enters a permanent partnership with another person.’.CommentsClose CommentsPermalink

SEC. 4. NUMERICAL LIMITATIONS ON INDIVIDUAL FOREIGN STATES.

(a) Per Country Levels- Section 202(a)(4) (8 U.S.C. 1152(a)(4)) is amended--CommentsClose CommentsPermalink





(1) in the heading, by inserting ‘, PERMANENT PARTNERS,’ after ‘SPOUSES’;CommentsClose CommentsPermalink





(2) in the heading of subparagraph (A), by inserting ‘, PERMANENT PARTNERS,’ after ‘Spouses’; andCommentsClose CommentsPermalink





(3) in the heading of subparagraph (C), by striking ‘AND DAUGHTERS’ inserting ‘WITHOUT PERMANENT PARTNERS AND UNMARRIED DAUGHTERS WITHOUT PERMANENT PARTNERS’.CommentsClose CommentsPermalink





(b) Rules for Chargeability- Section 202(b)(2) (8 U.S.C. 1152(b)(2)) is amended--CommentsClose CommentsPermalink





(1) by inserting ‘or permanent partner’ after ‘spouse’ each place it appears; andCommentsClose CommentsPermalink





(2) by inserting ‘or permanent partners’ after ‘husband and wife’.CommentsClose CommentsPermalink

SEC. 5. ALLOCATION OF IMMIGRANT VISAS.

(a) Preference Allocation for Family Members of Permanent Resident Aliens- Section 203(a)(2) (8 U.S.C. 1153(a)(2)) is amended--CommentsClose CommentsPermalink





(1) in the heading--CommentsClose CommentsPermalink





(A) by striking ‘AND’ after ‘SPOUSES’ and inserting ‘, PERMANENT PARTNERS,’; andCommentsClose CommentsPermalink





(B) by inserting ‘WITHOUT PERMANENT PARTNERS’ after ‘SONS’ and after ‘DAUGHTERS’;CommentsClose CommentsPermalink





(2) in subparagraph (A), by inserting ‘, permanent partners,’ after ‘spouses’; andCommentsClose CommentsPermalink





(3) in subparagraph (B), by inserting ‘without permanent partners’ after ‘sons’ and after ‘daughters’.CommentsClose CommentsPermalink





(b) Preference Allocation for Sons and Daughters of Citizens- Section 203(a)(3) (8 U.S.C. 1153(a)(3)) is amended--CommentsClose CommentsPermalink





(1) in the heading, by inserting ‘AND DAUGHTERS AND SONS WITH PERMANENT PARTNERS’ after ‘DAUGHTERS’; andCommentsClose CommentsPermalink





(2) by inserting ‘, or daughters or sons with permanent partners,’ after ‘daughters’.CommentsClose CommentsPermalink





(c) Employment Creation- Section 203(b)(5)(A)(ii) (8 U.S.C. 1153(b)(5)(A)(ii)) is amended by inserting ‘permanent partner,’ after ‘spouse,’.CommentsClose CommentsPermalink





(d) Treatment of Family Members- Section 203(d) (8 U.S.C. 1153(d)) is amended by inserting ‘, permanent partner,’ after ‘spouse’ each place it appears.CommentsClose CommentsPermalink

SEC. 6. PROCEDURE FOR GRANTING IMMIGRANT STATUS.

(a) Classification Petitions- Section 204(a)(1) (8 U.S.C. 1154(a)(1)) is amended--CommentsClose CommentsPermalink





(1) in subparagraph (A)(ii), by inserting ‘or permanent partner’ after ‘spouse’;CommentsClose CommentsPermalink





(2) in subparagraph (A)(iii)--CommentsClose CommentsPermalink





(A) by inserting ‘or permanent partner’ after ‘spouse’ each place it appears; andCommentsClose CommentsPermalink





(B) in subclause (I), by inserting ‘or permanent partnership’ after ‘marriage’ each place it appears;CommentsClose CommentsPermalink





(3) in subparagraph (A)(v)(I), by inserting ‘permanent partner,’ after ‘is the spouse,’;CommentsClose CommentsPermalink





(4) in subparagraph (A)(vi)--CommentsClose CommentsPermalink





(A) by inserting ‘or termination of the permanent partnership’ after ‘divorce’; andCommentsClose CommentsPermalink





(B) by inserting ‘, permanent partner,’ after ‘spouse’; andCommentsClose CommentsPermalink





(5) in subparagraph (B)--CommentsClose CommentsPermalink





(A) by inserting ‘or permanent partner’ after ‘spouse’ each place it appears;CommentsClose CommentsPermalink





(B) by inserting or permanent partnership after ‘marriage’ in clause (ii)(I)(aa) and the first place it appears in clause (ii)(I)(bb); andCommentsClose CommentsPermalink





(C) in clause (ii)(II)(aa)(CC)(bbb), by inserting ‘(or the termination of the permanent partnership)’ after ‘termination of the marriage’.CommentsClose CommentsPermalink





(b) Immigration Fraud Prevention- Section 204(c) (8 U.S.C. 1154(c)) is amended--CommentsClose CommentsPermalink





(1) by inserting ‘or permanent partner’ after ‘spouse’ each place it appears; andCommentsClose CommentsPermalink





(2) by inserting ‘or permanent partnership’ after ‘marriage’ each place it appears.CommentsClose CommentsPermalink

SEC. 7. ANNUAL ADMISSION OF REFUGEES AND ADMISSION OF EMERGENCY SITUATION REFUGEES.

Section 207(c) (8 U.S.C. 1157(c)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (2)--CommentsClose CommentsPermalink





(A) by inserting ‘or permanent partner’ after ‘spouse’ each place it appears; andCommentsClose CommentsPermalink





(B) by inserting ‘or permanent partner’s’ after ‘spouse’s’; andCommentsClose CommentsPermalink





(2) in paragraph (4), by inserting ‘or permanent partner’ after ‘spouse’.CommentsClose CommentsPermalink

SEC. 8. ASYLUM.

Section 208(b)(3) (8 U.S.C. 1158(b)(3)) is amended--CommentsClose CommentsPermalink





(1) in the heading, by inserting ‘OR PERMANENT PARTNER’ after ‘SPOUSE’; andCommentsClose CommentsPermalink





(2) in the text, by inserting ‘or permanent partner’ after ‘spouse’.CommentsClose CommentsPermalink

SEC. 9. ADJUSTMENT OF STATUS OF REFUGEES.

Section 209(b)(3) (8 U.S.C. 1159(b)(3)) is amended by inserting ‘or permanent partner’ after ‘spouse’.CommentsClose CommentsPermalink

SEC. 10. INADMISSIBLE ALIENS.

(a) Classes of Aliens Ineligible for Visas or Admission- Section 212(a) (8 U.S.C. 1182(a)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (3)(D)(iv), by inserting ‘permanent partner,’ after ‘spouse,’;CommentsClose CommentsPermalink





(2) in paragraph (4)(C)(i)(I), by inserting ‘, permanent partner,’ after ‘spouse’;CommentsClose CommentsPermalink





(3) in paragraph (6)(E)(ii), by inserting ‘permanent partner,’ after ‘spouse,’; andCommentsClose CommentsPermalink





(4) in paragraph (9)(B)(v), by inserting ‘, permanent partner,’ after ‘spouse’.CommentsClose CommentsPermalink





(b) Waivers- Section 212(d) (8 U.S.C. 1182(d)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (11), by inserting ‘permanent partner,’ after ‘spouse,’; andCommentsClose CommentsPermalink





(2) in paragraph (12), by inserting ‘, permanent partner,’ after ‘spouse’.CommentsClose CommentsPermalink





(c) Waivers of Inadmissibility on Health-Related Grounds- Section 212(g)(1)(A) (8 U.S.C. 1182(g)(1)(A)) is amended by inserting ‘or permanent partner’ after ‘spouse’.CommentsClose CommentsPermalink





(d) Waivers of Inadmissibility on Criminal and Related Grounds- Section 212(h)(1)(B) (8 U.S.C. 1182(h)(1)(B)) is amended by inserting ‘permanent partner,’ after ‘spouse,’.CommentsClose CommentsPermalink





(e) Waiver of Inadmissibility for Misrepresentation- Section 212(i)(1) (8 U.S.C. 1182(i)(1)) is amended by inserting ‘permanent partner,’ after ‘spouse,’.CommentsClose CommentsPermalink

SEC. 11. NONIMMIGRANT STATUS FOR PERMANENT PARTNERS AWAITING THE AVAILABILITY OF AN IMMIGRANT VISA.

Section 214(r) (8 U.S.C. 1184(r)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (1), by inserting ‘or permanent partner’ after ‘spouse’; andCommentsClose CommentsPermalink





(2) by inserting ‘or permanent partnership’ after ‘marriage’ each place it appears.CommentsClose CommentsPermalink

SEC. 12. CONDITIONAL PERMANENT RESIDENT STATUS FOR CERTAIN ALIEN SPOUSES, PERMANENT PARTNERS, AND SONS AND DAUGHTERS.

(a) Section Heading-CommentsClose CommentsPermalink





(1) IN GENERAL- The heading for section 216 (8 U.S.C. 1186a) is amended by inserting ‘AND PERMANENT PARTNERS’ after ‘SPOUSES’.CommentsClose CommentsPermalink





(2) CLERICAL AMENDMENT- The table of contents is amended by amending the item relating to section 216 to read as follows:CommentsClose CommentsPermalink





‘Sec. 216. Conditional permanent resident status for certain alien spouses and permanent partners and sons and daughters.’.CommentsClose CommentsPermalink





(b) In General- Section 216(a) (8 U.S.C. 1186a(a)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (1), by inserting ‘or permanent partner’ after ‘spouse’;CommentsClose CommentsPermalink





(2) in paragraph (2)(A), by inserting ‘or permanent partner’ after ‘spouse’;CommentsClose CommentsPermalink





(3) in paragraph (2)(B), by inserting ‘permanent partner,’ after ‘spouse,’; andCommentsClose CommentsPermalink





(4) in paragraph (2)(C), by inserting ‘permanent partner,’ after ‘spouse,’.CommentsClose CommentsPermalink





(c) Termination of Status if Finding That Qualifying Marriage Improper- Section 216(b) of such Act (8 U.S.C. 1186a(b)) is amended--CommentsClose CommentsPermalink





(1) in the heading, by inserting ‘or Permanent Partnership’ after ‘Marriage’;CommentsClose CommentsPermalink





(2) in paragraph (1)(A), by inserting ‘or permanent partnership’ after ‘marriage’; andCommentsClose CommentsPermalink





(3) in paragraph (1)(A)(ii)--CommentsClose CommentsPermalink





(A) by inserting ‘or has ceased to satisfy the criteria for being considered a permanent partnership under this Act,’ after ‘terminated,’; andCommentsClose CommentsPermalink





(B) by inserting ‘or permanent partner’ after ‘spouse’.CommentsClose CommentsPermalink





(d) Requirements of Timely Petition and Interview for Removal of Condition- Section 216(c) (8 U.S.C. 1186a(c)) is amended--CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(2) in paragraph (3)(A), in the matter following clause (ii), and in paragraph (3)(D), (4)(B), and (4)(C), by inserting ‘or permanent partnership’ after ‘marriage’ each place it appears.CommentsClose CommentsPermalink





(e) Contents of Petition- Section 216(d)(1) of such Act (8 U.S.C. 1186a(d)(1)) is amended--CommentsClose CommentsPermalink





(1) in the heading of subparagraph (A), by inserting ‘OR PERMANENT PARTNERSHIP’ after ‘MARRIAGE’;CommentsClose CommentsPermalink





(2) in subparagraph (A)(i), by inserting ‘or permanent partnership’ after ‘marriage’;CommentsClose CommentsPermalink





(3) in subparagraph (A)(i)(I), by inserting before the comma at the end ‘, or is a permanent partnership recognized under this Act’;CommentsClose CommentsPermalink





(4) in subparagraph (A)(i)(II)--CommentsClose CommentsPermalink





(A) by inserting ‘or has not ceased to satisfy the criteria for being considered a permanent partnership under this Act,’ after ‘terminated,’; andCommentsClose CommentsPermalink





(B) by inserting ‘or permanent partner’ after ‘spouse’;CommentsClose CommentsPermalink





(5) in subparagraph (A)(ii), by inserting ‘or permanent partner’ after ‘spouse’; andCommentsClose CommentsPermalink





(6) in subparagraph (B)(i)--CommentsClose CommentsPermalink





(A) by inserting ‘or permanent partnership’ after ‘marriage’; andCommentsClose CommentsPermalink





(B) by inserting ‘or permanent partner’ after ‘spouse’.CommentsClose CommentsPermalink





(e) Definitions- Section 216(g) (8 U.S.C. 1186a(g)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (1)--CommentsClose CommentsPermalink





(A) by inserting ‘or permanent partner’ after ‘spouse’ each place it appears; andCommentsClose CommentsPermalink





(B) by inserting ‘or permanent partnership’ after ‘marriage’ each place it appears;CommentsClose CommentsPermalink





(2) in paragraph (2), by inserting ‘or permanent partnership’ after ‘marriage’;CommentsClose CommentsPermalink





(3) in paragraph (3), by inserting ‘or permanent partnership’ after ‘marriage’; andCommentsClose CommentsPermalink





(4) in paragraph (4)--CommentsClose CommentsPermalink





(A) by inserting ‘or permanent partner’ after ‘spouse’ each place it appears; andCommentsClose CommentsPermalink





(B) by inserting ‘or permanent partnership’ after ‘marriage’.CommentsClose CommentsPermalink

SEC. 13. CONDITIONAL PERMANENT RESIDENT STATUS FOR CERTAIN ALIEN ENTREPRENEURS, SPOUSES, PERMANENT PARTNERS, AND CHILDREN.

(a) Section Heading-CommentsClose CommentsPermalink





(1) IN GENERAL- The heading for section 216A (8 U.S.C. 1186b) is amended by inserting ‘OR PERMANENT PARTNERS’ after ‘SPOUSES’.CommentsClose CommentsPermalink





(2) CLERICAL AMENDMENT- The table of contents is amended by amending the item relating to section 216A to read as follows:CommentsClose CommentsPermalink





‘Sec. 216. Conditional permanent resident status for certain alien entrepreneurs, spouses or permanent partners, and children.’.CommentsClose CommentsPermalink





(b) In General- Section 216A(a) (8 U.S.C. 1186b(a)) is amended, in paragraphs (1), (2)(A), (2)(B), and (2)(C), by inserting ‘or permanent partner’ after ‘spouse’ each place it appears.CommentsClose CommentsPermalink





(c) Termination of Status if Finding That Qualifying Entrepreneurship Improper- Section 216A(b)(1) (8 U.S.C. 1186b(b)(1)) is amended by inserting ‘or permanent partner’ after ‘spouse’ in the matter following subparagraph (C).CommentsClose CommentsPermalink





(d) Requirements of Timely Petition and Interview for Removal of Condition- Section 216A(c) (8 U.S.C. 1186b(c)) is amended, in paragraphs (1), (2)(A)(ii), and (3)(C), by inserting ‘or permanent partner’ after ‘spouse’.CommentsClose CommentsPermalink





(e) Definitions- Section 216A(f)(2) (8 U.S.C. 1186b(f)(2)) is amended by inserting ‘or permanent partner’ after ‘spouse’ each place it appears.CommentsClose CommentsPermalink

SEC. 14. DEPORTABLE ALIENS.

Section 237(a) of the Immigration and Nationality Act (8 U.S.C. 1227(a)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (1)(D)(i), by inserting ‘or permanent partners’ after ‘spouses’ each place it appears;CommentsClose CommentsPermalink





(2) in paragraphs (1)(E)(ii), (1)(E)(iii), and (1)(H)(i)(I), by inserting ‘or permanent partner’ after ‘spouse’;CommentsClose CommentsPermalink





(3) by adding at the end of paragraph (1) the following new subparagraph:CommentsClose CommentsPermalink





‘(I) PERMANENT PARTNERSHIP FRAUD- An alien shall be considered to be deportable as having procured a visa or other documentation by fraud (within the meaning of section 212(a)(6)(C)(i)) and to be in the United States in violation of this Act (within the meaning of subparagraph (B)) if--CommentsClose CommentsPermalink





‘(i) the alien obtains any admission to the United States with an immigrant visa or other documentation procured on the basis of a permanent partnership entered into less than 2 years prior to such admission and which, within 2 years subsequent to such admission, is terminated because the criteria for permanent partnership are no longer fulfilled, unless the alien establishes to the satisfaction of the Secretary of Homeland Security that such permanent partnership was not contracted for the purpose of evading any provisions of the immigration laws; orCommentsClose CommentsPermalink





‘(ii) it appears to the satisfaction of the Secretary of Homeland Security that the alien has failed or refused to fulfill the alien’s permanent partnership which in the opinion of the Secretary of Homeland Security was made for the purpose of procuring the alien’s admission as an immigrant.’; andCommentsClose CommentsPermalink





(4) in paragraphs (2)(E)(i) and (3)(C)(ii), by inserting ‘or permanent partner’ after ‘spouse’ each place it appears.CommentsClose CommentsPermalink

SEC. 15. REMOVAL PROCEEDINGS.

Section 240 (8 U.S.C. 1229a) is amended--CommentsClose CommentsPermalink





(1) in the heading of subsection (c)(7)(C)(iv), by inserting ‘PERMANENT PARTNERS,’ after ‘SPOUSES,’; andCommentsClose CommentsPermalink





(2) in subsection (e)(1), by inserting ‘or permanent partner’ after ‘spouse’.CommentsClose CommentsPermalink

SEC. 16. CANCELLATION OF REMOVAL; ADJUSTMENT OF STATUS.

Section 240A(b) (8 U.S.C. 1229b(b)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (1)(D), by inserting ‘or permanent partner’ after ‘spouse’;CommentsClose CommentsPermalink





(2) in the heading for paragraph (2), by inserting ‘, PERMANENT PARTNER,’ after ‘SPOUSE’; andCommentsClose CommentsPermalink





(3) in paragraph (2)(A), by inserting ‘, permanent partner,’ after ‘spouse’ each place it appears.CommentsClose CommentsPermalink

SEC. 17. ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE.

(a) Prohibition on Adjustment of Status- Section 245(d) (8 U.S.C. 1255(d)) is amended by inserting ‘or permanent partnership’ after ‘marriage’.CommentsClose CommentsPermalink





(b) Avoiding Immigration Fraud- Section 245(e) (8 U.S.C. 1255(e)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (1), by inserting ‘or permanent partnership’ after ‘marriage’; andCommentsClose CommentsPermalink





(2) by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink





(c) Adjustment of Status for Certain Aliens Paying Fee- Section 245(i)(1)(B) (8 U.S.C. 1255(i)(1)(B)) is amended by inserting ‘or permanent partner’ after ‘spouse’ each place it appears.CommentsClose CommentsPermalink

SEC. 18. APPLICATION OF CRIMINAL PENALTIES TO FOR MISREPRESENTATION AND CONCEALMENT OF FACTS REGARDING PERMANENT PARTNERSHIPS.

Section 275(c) (8 U.S.C. 1325(c)) is amended to read as follows:CommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink

SEC. 19. REQUIREMENTS AS TO RESIDENCE, GOOD MORAL CHARACTER, ATTACHMENT TO THE PRINCIPLES OF THE CONSTITUTION.

Section 316(b) (8 U.S.C. 1427(b)) is amended by inserting ‘or permanent partner’ after ‘spouse’.CommentsClose CommentsPermalink

SEC. 20. 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--CommentsClose CommentsPermalink





(1) in the heading, by inserting ‘, permanent partners,’ after ‘spouses’;CommentsClose CommentsPermalink





(2) in subsection (a), by inserting ‘, permanent partner,’ after ‘spouse’; andCommentsClose CommentsPermalink





(3) in each of subsections (b) and (c)--CommentsClose CommentsPermalink





(A) in the subsection headings, by inserting ‘, Permanent Partners,’ after ‘Spouses’; andCommentsClose CommentsPermalink





(B) by inserting ‘, permanent partner,’ after ‘spouse’ each place it appears.CommentsClose CommentsPermalink

SEC. 21. 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--CommentsClose CommentsPermalink





(1) in the next to last sentence, by inserting ‘, permanent partner,’ after ‘spouse’ the first two places it appears; andCommentsClose CommentsPermalink





(2) in the last sentence, by inserting ‘, permanent partners,’ after ‘spouses’.CommentsClose CommentsPermalink





(b) Conforming Amendments-CommentsClose CommentsPermalink





(1) Section 101(a)(51)(D) (8 U.S.C. 1101(a)(51)(D)) is amended by striking ‘or spouse’ and inserting ‘, spouse, or permanent partner’.CommentsClose CommentsPermalink





(2) 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’.CommentsClose CommentsPermalink