I 

115TH CONGRESS 

2D SESSION H. R. 4944 

To amend the Immigration and Nationality Act to promote family unity, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 6, 2018 

Ms. JUDY CHU of California (for herself, Ms. JAYAPAL, Mr. MCGOVERN, Ms. 

MENG, Ms. ESHOO, Mrs. NAPOLITANO, Mr. SWALWELL of California, Mr. 

LOWENTHAL, Mr. CORREA, Mr. TAKANO, Ms. HANABUSA, Ms. ROYBALALLARD, Mr. AL GREEN of Texas, Ms. MATSUI, Mr. KRISHNAMOORTHI, 

Ms. BONAMICI, Ms. NORTON, Ms. WILSON of Florida, Mr. GRIJALVA, Ms. 

CLARK of Massachusetts, Ms. BARRAGA ́N, Ms. JACKSON LEE, Mr. PALLONE, Mr. SOTO, Mr. NADLER, Ms. LOFGREN, Mr. GUTIE ́RREZ, Mr. 

GOMEZ, Ms. BORDALLO, Mr. VARGAS, Mr. CUMMINGS, Ms. MOORE, Mr. 

KHANNA, Mr. QUIGLEY, Mr. SCOTT of Virginia, Mr. SCHIFF, Ms. 

CLARKE of New York, Mrs. WATSON COLEMAN, Mr. LEWIS of Georgia, 

Mr. SERRANO, Mr. TED LIEU of California, Mr. ELLISON, Ms. LEE, Mr. 

SMITH of Washington, Ms. SCHAKOWSKY, and Mr. VEASEY) 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Reuniting Families Act’’. 


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1 (b) TABLE OF CONTENTS.—The table of contents for 

2 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. Repeal of 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. Fiance ́e 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. Allocation of immigrant visas. 

Sec. 204. Procedure for granting immigrant status. 

Sec. 205. Annual admission of refugees and admission of emergency situation 

refugees. 

Sec. 206. Asylum. 

Sec. 207. Adjustment of status of refugees. 

Sec. 208. Inadmissible aliens. 

Sec. 209. Nonimmigrant status for permanent partners awaiting the availability 

of an immigrant visa. 

Sec. 210. Derivative status for permanent partners of nonimmigrant visa holders. 

Sec. 211. Conditional permanent resident status for certain alien spouses, permanent partners, and sons and daughters. 

Sec. 212. Conditional permanent resident status for certain alien entrepreneurs, 

spouses, permanent partners, and children. 

Sec. 213. Deportable aliens. 

Sec. 214. Removal proceedings. 

Sec. 215. Cancellation of removal; adjustment of status. 

Sec. 216. Adjustment of status of nonimmigrant to that of person admitted for 

permanent residence. 

Sec. 217. Application of criminal penalties for misrepresentation and concealment of facts regarding permanent partnerships. 

Sec. 218. Requirements as to residence, good moral character, attachment to 

the principles of the Constitution. 

Sec. 219. Naturalization for permanent partners of citizens. 

Sec. 220. Application of family unity provisions to permanent partners of certain LIFE Act beneficiaries. 

Sec. 221. Application to Cuban Adjustment Act. 


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1 TITLE I—REDUCING FAMILY2 BASED VISA BACKLOGS AND 

3 PROMOTING FAMILY REUNI4 FICATION 

5 SEC. 101. RECAPTURE OF IMMIGRANT VISAS LOST TO BU6 REAUCRATIC DELAY. 

7 (a) WORLDWIDE LEVEL OF FAMILY-SPONSORED IM8 MIGRANTS.—Section 201(c) of the Immigration and Na9 tionality Act (8 U.S.C. 1151(c)) is amended to read as 

10 follows: 

11 ‘‘(c) WORLDWIDE LEVEL OF FAMILY-SPONSORED

12 IMMIGRANTS.— 

13 ‘‘(1) IN GENERAL.—The worldwide level of fam14 ily-sponsored immigrants under this subsection for a 

15 fiscal year is equal to the sum of— 

16 ‘‘(A) 480,000; 

17 ‘‘(B) the number computed under para18 graph (2); and 

19 ‘‘(C) the number computed under para20 graph (3). 

21 ‘‘(2) UNUSED VISA NUMBERS FROM PREVIOUS

22 FISCAL YEAR.—The number computed under this 

23 paragraph for a fiscal year is the difference, if any, 

24 between— 


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1 ‘‘(A) the worldwide level of family-spon2 sored immigrant visas established for the pre3 vious fiscal year; and 

4 ‘‘(B) the number of visas issued under sec5 tion 203(a), subject to this subsection, during 

6 the previous fiscal year. 

7 ‘‘(3) UNUSED VISA NUMBERS FROM FISCAL

8 YEARS 1992 THROUGH 2016.—The number computed 

9 under this paragraph is the difference, if any, be10 tween— 

11 ‘‘(A) the difference, if any, between— 

12 ‘‘(i) the sum of the worldwide levels of 

13 family-sponsored immigrant visas estab14 lished for fiscal years 1992 through 2016; 

15 and 

16 ‘‘(ii) the number of visas issued under 

17 section 203(a), subject to this subsection, 

18 during such fiscal years; and 

19 ‘‘(B) the number of unused visas from fis20 cal years 1992 through 2016 that were issued 

21 after fiscal year 2016 under section 203(a), 

22 subject to this subsection.’’. 

23 (b) WORLDWIDE LEVEL OF EMPLOYMENT-BASED

24 IMMIGRANTS.—Section 201(d) of the Immigration and 


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1 Nationality Act (8 U.S.C. 1151(d)) is amended to read 

2 as follows: 

3 ‘‘(d) WORLDWIDE LEVEL OF EMPLOYMENT-BASED

4 IMMIGRANTS.— 

5 ‘‘(1) IN GENERAL.—The worldwide level of em6 ployment-based immigrants under this subsection for 

7 a fiscal year is equal to the sum of— 

8 ‘‘(A) 140,000; 

9 ‘‘(B) the number computed under para10 graph (2); and 

11 ‘‘(C) the number computed under para12 graph (3). 

13 ‘‘(2) UNUSED VISA NUMBERS FROM PREVIOUS

14 FISCAL YEAR.—The number computed under this 

15 paragraph for a fiscal year is the difference, if any, 

16 between— 

17 ‘‘(A) the worldwide level of employment18 based immigrant visas established for the pre19 vious fiscal year; and 

20 ‘‘(B) the number of visas issued under sec21 tion 203(b), subject to this subsection, during 

22 the previous fiscal year. 

23 ‘‘(3) UNUSED VISA NUMBERS FROM FISCAL

24 YEARS 1992 THROUGH 2016.—The number computed 


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1 under this paragraph is the difference, if any, be2 tween— 

3 ‘‘(A) the difference, if any, between— 

4 ‘‘(i) the sum of the worldwide levels of 

5 employment-based immigrant visas estab6 lished for each of fiscal years 1992 

7 through 2016; and 

8 ‘‘(ii) the number of visas issued under 

9 section 203(b), subject to this subsection, 

10 during such fiscal years; and 

11 ‘‘(B) the number of unused visas from fis12 cal years 1992 through 2016 that were issued 

13 after fiscal year 2016 under section 203(b), 

14 subject to this subsection.’’. 

15 (c) ALIENS NOT SUBJECT TO DIRECT NUMERICAL

16 LIMITATIONS.—Section 201(b) of the Immigration and 

17 Nationality Act (8 U.S.C. 1151(b)) is amended by adding 

18 at the end the following: 

19 ‘‘(3)(A) Aliens who are beneficiaries (including 

20 derivative beneficiaries) of approved immigrant peti21 tions bearing priority dates more than ten years 

22 prior to the alien’s application for admission as an 

23 immigrant or adjustment of status. 


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1 ‘‘(B) Aliens described in section 203(d) whose 

2 spouse, permanent partner, or parent is entitled to 

3 an immigrant status under section 203(b).’’. 

4 (d) EFFECTIVE DATE.—The amendments made by 

5 this section shall take effect on the date which is 60 days 

6 after the date of the enactment of this Act. 

7 SEC. 102. RECLASSIFICATION OF SPOUSES, PERMANENT 

8 PARTNERS, AND MINOR CHILDREN OF LEGAL 

9 PERMANENT RESIDENTS AS IMMEDIATE REL10 ATIVES. 

11 (a) IN GENERAL.—Section 201(b)(2) of the Immi12 gration and Nationality Act (8 U.S.C. 1151(b)(2)) is 

13 amended to read as follows: 

14 ‘‘(2) IMMEDIATE RELATIVE.— 

15 ‘‘(A) IN GENERAL.— 

16 ‘‘(i) IMMEDIATE RELATIVE DE17 FINED.—In this subparagraph, the term 

18 ‘immediate relative’ means a child, spouse, 

19 permanent partner, or parent of a citizen 

20 of the United States or a child, spouse, or 

21 permanent partner of a lawful permanent 

22 resident (and for each family member of a 

23 citizen or lawful permanent resident under 

24 this subparagraph, such individual’s 

25 spouse, permanent partner, or child who is 


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1 accompanying or following to join the indi2 vidual), except that, in the case of parents, 

3 such citizens shall be at least 21 years of 

4 age. 

5 ‘‘(ii) PREVIOUSLY ISSUED VISA.— 

6 Aliens admitted under section 211(a) on 

7 the basis of a prior issuance of a visa 

8 under section 203(a) to their accom9 panying parent who is an immediate rel10 ative. 

11 ‘‘(iii) PARENTS AND CHILDREN.—An 

12 alien who was the child or parent of a cit13 izen of the United States or a child of a 

14 lawful permanent resident at the time of 

15 the citizen’s or resident’s death if the alien 

16 files a petition under section 

17 204(a)(1)(A)(ii) within 2 years after such 

18 date or prior to reaching 21 years of age. 

19 ‘‘(iv) SPOUSE OR PERMANENT PART20 NER.—An alien who was the spouse or per21 manent partner of a citizen of the United 

22 States or lawful permanent resident for 

23 not less than 2 years at the time of the 

24 citizen’s or resident’s death or, if married 

25 for less than 2 years at the time of the 


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1 citizen’s or resident’s death, proves by a 

2 preponderance of the evidence that the 

3 marriage or permanent partnership was 

4 entered into in good faith and not solely 

5 for the purpose of obtaining an immigra6 tion benefit and was not legally separated 

7 from the citizen or resident (or, in the case 

8 of a permanent partnership, whose perma9 nent partnership was not terminated) at 

10 the time of the citizen’s or resident’s 

11 death, and each child of such alien, shall 

12 be considered, for purposes of this sub13 section, an immediate relative after the 

14 date of the citizen’s or resident’s death if 

15 the spouse or permanent partner files a pe16 tition under section 204(a)(1)(A)(ii) before 

17 the date on which the spouse or permanent 

18 partner remarries or enters a permanent 

19 partnership with another person. 

20 ‘‘(v) SPECIAL RULE.—For purposes of 

21 this subparagraph, an alien who has filed 

22 a petition under clause (iii) or (iv) of sec23 tion 204(a)(1)(A) remains an immediate 

24 relative if the United States citizen or law25 ful permanent resident spouse, permanent 


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1 partner, or parent loses United States citi2 zenship or residence on account of the 

3 abuse. 

4 ‘‘(B) BIRTH DURING TEMPORARY VISIT

5 ABROAD.—Aliens born to an alien lawfully ad6 mitted for permanent residence during a tem7 porary visit abroad.’’. 

8 (b) ALLOCATION OF IMMIGRANT VISAS.—Section 

9 203(a) of the Immigration and Nationality Act (8 U.S.C. 

10 1153(a)) is amended— 

11 (1) in paragraph (1), by striking ‘‘23,400’’ and 

12 inserting ‘‘127,200’’; 

13 (2) by striking paragraph (2) and inserting the 

14 following: 

15 ‘‘(2) UNMARRIED SONS WITHOUT PERMANENT

16 PARTNERS AND UNMARRIED DAUGHTERS WITHOUT

17 PERMANENT PARTNERS OF PERMANENT RESIDENT

18 ALIENS.—Qualified immigrants who are the unmar19 ried sons without permanent partners or unmarried 

20 daughters without permanent partners (but are not 

21 the children) of an alien lawfully admitted for per22 manent residence shall be allocated visas in a num23 ber not to exceed 80,640, plus any visas not required 

24 for the class specified in paragraph (1).’’; 


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1 (3) in paragraph (3), by striking ‘‘23,400’’ and 

2 inserting ‘‘80,640’’; and 

3 (4) in paragraph (4), by striking ‘‘65,000’’ and 

4 inserting ‘‘191,520’’. 

5 (c) TECHNICAL AND CONFORMING AMENDMENTS.— 

6 (1) RULES FOR DETERMINING WHETHER CER7 TAIN ALIENS ARE IMMEDIATE RELATIVES.—Section 

8 201(f) of the Immigration and Nationality Act (8 

9 U.S.C. 1151(f)) is amended— 

10 (A) in paragraph (1), by striking ‘‘para11 graphs (2) and (3),’’ and inserting ‘‘paragraph 

12 (2),’’; 

13 (B) by striking paragraph (2); 

14 (C) by redesignating paragraphs (3) and 

15 (4) as paragraphs (2) and (3), respectively; and 

16 (D) in paragraph (3), as redesignated by 

17 subparagraph (C), by striking ‘‘through (3)’’ 

18 and inserting ‘‘and (2)’’. 

19 (2) ALLOCATION OF IMMIGRATION VISAS.—Sec20 tion 203(h) of the Immigration and Nationality Act 

21 (8 U.S.C. 1153(h)) is amended— 

22 (A) in paragraph (1)— 

23 (i) in the matter preceding subpara24 graph (A), by striking ‘‘subsections 


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1 (a)(2)(A) and (d)’’ and inserting ‘‘sub2 section (d)’’; 

3 (ii) in subparagraph (A), by striking 

4 ‘‘becomes available for such alien (or, in 

5 the case of subsection (d), the date on 

6 which an immigrant visa number became 

7 available for the alien’s parent),’’ and in8 serting ‘‘became available for the alien’s 

9 parent,’’; and 

10 (iii) in subparagraph (B), by striking 

11 ‘‘applicable’’; 

12 (B) by amending paragraph (2) to read as 

13 follows: 

14 ‘‘(2) PETITIONS DESCRIBED.—The petition de15 scribed in this paragraph is a petition filed under 

16 section 204 for classification of the alien’s parent 

17 under subsection (a), (b), or (c).’’; and 

18 (C) in paragraph (3), by striking ‘‘sub19 sections (a)(2)(A) and (d)’’ and inserting ‘‘sub20 section (d)’’. 

21 (3) PROCEDURE FOR GRANTING IMMIGRANT

22 STATUS.—Section 204 of the Immigration and Na23 tionality Act (8 U.S.C. 1154) is amended— 

24 (A) in subsection (a)(1)— 

25 (i) in subparagraph (A)— 


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1 (I) in clause (i), by inserting ‘‘or 

2 lawful permanent resident’’ after ‘‘cit3 izen’’; 

4 (II) in clause (ii), by striking 

5 ‘‘described in the second sentence of 

6 section 201(b)(2)(A)(i) also’’ and in7 serting ‘‘, alien child, or alien parent 

8 described in section 201(b)(2)(A)’’; 

9 (III) in clause (iii)— 

10 (aa) in subclause (I)(aa), by 

11 inserting ‘‘or legal permanent 

12 resident’’ after ‘‘citizen’’; and 

13 (bb) in subclause (II)(aa)— 

14 (AA) in subitems (AA) 

15 and (BB), by inserting ‘‘or 

16 legal permanent resident;’’ 

17 after ‘‘citizen’’ each place 

18 that term appears; 

19 (BB) in subitem (CC), 

20 by inserting ‘‘or legal per21 manent resident’’ after ‘‘cit22 izen’’ each place that term 

23 appears; and 

24 (CC) in subitem 

25 (CC)(bbb), by inserting ‘‘or 


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1 legal permanent resident’’ 

2 after ‘‘citizenship’’; 

3 (IV) in clause (iv), by inserting 

4 ‘‘or legal permanent resident’’ after 

5 ‘‘citizen’’ each place that term ap6 pears; 

7 (V) in clause (v)(I), by inserting 

8 ‘‘or legal permanent resident’’ after 

9 ‘‘citizen’’; and 

10 (VI) in clause (vi)— 

11 (aa) by inserting ‘‘or legal 

12 permanent resident status’’ after 

13 ‘‘renunciation of citizenship’’; 

14 and 

15 (bb) by inserting ‘‘or legal 

16 permanent resident’’ after ‘‘abus17 er’s citizenship’’; 

18 (ii) by striking subparagraph (B); 

19 (iii) in subparagraph (C), by striking 

20 ‘‘subparagraph (A)(iii), (A)(iv), (B)(ii), or 

21 (B)(iii)’’ and inserting ‘‘clause (iii) or (iv) 

22 of subparagraph (A)’’; and 

23 (iv) in subparagraph (J), by striking 

24 ‘‘or clause (ii) or (iii) of subparagraph 

25 (B)’’; 


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1 (B) in subsection (a), by striking para2 graph (2); 

3 (C) in subsection (c)(1), by striking ‘‘or 

4 preference status’’; and 

5 (D) in subsection (h), by striking ‘‘or a pe6 tition filed under subsection (a)(1)(B)(ii)’’. 

7 SEC. 103. REPEAL OF COUNTRY LIMITS. 

8 The Immigration and Nationality Act (8 U.S.C. 1101 

9 et seq.) is amended by striking section 202 (8 U.S.C. 

10 1152). 

11 SEC. 104. PROMOTING FAMILY UNITY. 

12 (a) REPEAL OF THREE- AND TEN-YEAR AND PERMA13 NENT BARS.—Section 212(a)(9) of the Immigration and 

14 Nationality Act (8 U.S.C. 1182(a)(9)) is amended to read 

15 as follows: 

16 ‘‘(9) ALIENS PREVIOUSLY REMOVED.— 

17 ‘‘(A) ARRIVING ALIEN.—Any alien who has 

18 been ordered removed under section 235(b)(1) 

19 or at the end of proceedings under section 240 

20 initiated upon the alien’s arrival in the United 

21 States and who again seeks admission within 5 

22 years of the date of such removal (or within 20 

23 years in the case of a second or subsequent re24 moval or at any time in the case of an alien 


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1 convicted of an aggravated felony) is inadmis2 sible. 

3 ‘‘(B) OTHER ALIENS.—Any alien not de4 scribed in subparagraph (A), and who seeks ad5 mission within 10 years of the date of such 

6 alien’s departure or removal (or within 20 years 

7 of such date in the case of a second or subse8 quent removal or at any time in the case of an 

9 alien convicted of an aggravated felony), is in10 admissible if the alien— 

11 ‘‘(i) has been ordered removed under 

12 section 240 or any other provision of law; 

13 or 

14 ‘‘(ii) departed the United States while 

15 an order of removal was outstanding. 

16 ‘‘(C) EXCEPTION.—Subparagraphs (A) 

17 and (B) shall not apply to an alien seeking ad18 mission within a period if, prior to the date of 

19 the alien’s reembarkation at a place outside the 

20 United States or attempt to be admitted from 

21 foreign contiguous territory, the Secretary of 

22 Homeland Security has consented to the alien’s 

23 reapplying for admission.’’. 

24 (b) MISREPRESENTATIONS.—The Immigration and 

25 Nationality Act (8 U.S.C. 1101 et seq.) is amended— 


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1 (1) by amending section 212(a)(6)(C)(ii) (8 

2 U.S.C. 1182(a)(6)(C)(ii)) to read as follows: 

3 ‘‘(ii) MISREPRESENTATION OF CITI4 ZENSHIP.— 

5 ‘‘(I) IN GENERAL.—Any alien 

6 who willfully misrepresents, or has 

7 willfully misrepresented, himself or 

8 herself to be a citizen of the United 

9 States for any purpose or benefit 

10 under this Act (including section 

11 274A) or any Federal or State law is 

12 inadmissible. 

13 ‘‘(II) EXCEPTION.—In the case 

14 of an alien making a misrepresenta15 tion described in subclause (I), if the 

16 alien was under the age of 21 at the 

17 time of making such misrepresenta18 tion that he or she was a citizen, the 

19 alien shall not be considered to be in20 admissible under any provision of this 

21 subsection based on such misrepresen22 tation.’’; 

23 (2) in section 212(a)(6)(C)(iii) (8 U.S.C. 

24 1182(a)(6)(C)(iii)), by striking ‘‘of clause (i)’’; 


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1 (3) by amending subsection (i)(1) of section 

2 212 (8 U.S.C. 1182(i)(1)) to read as follows: 

3 ‘‘(i)(1) The Attorney General or the Secretary of 

4 Homeland Security may, in the discretion of the Attorney 

5 General or the Secretary, waive the application of sub6 section (a)(6)(C) in the case of an immigrant who is the 

7 parent, spouse, permanent partner, son, or daughter of a 

8 United States citizen or of an alien lawfully admitted for 

9 permanent residence, or an alien granted classification 

10 under clause (iii) or (iv) of section 204(a)(1)(A), if it is 

11 established to the satisfaction of the Attorney General or 

12 the Secretary that the admission to the United States of 

13 such alien would not be contrary to the national welfare, 

14 safety, or security of the United States.’’; and 

15 (4) by amending section 237(a)(3)(D) (8 

16 U.S.C. 1227(a)(3)(D)) to read as follows: 

17 ‘‘(D) MISREPRESENTATION OF CITIZEN18 SHIP.— 

19 ‘‘(i) IN GENERAL.—Any alien who 

20 willfully misrepresents, or has willfully mis21 represented, himself to be a citizen of the 

22 United States for any purpose or benefit 

23 under this Act (including section 274A) or 

24 any Federal or State law is deportable. 


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1 ‘‘(ii) EXCEPTION.—In the case of an 

2 alien making a misrepresentation described 

3 in subclause (i), if the alien was under the 

4 age of 21 at the time of making such mis5 representation that he or she was a citizen, 

6 the alien shall not be considered to be de7 portable under any provision of this sub8 section based on such misrepresentation.’’. 

9 (c) WAIVERS OF INADMISSIBILITY.—Section 212 of 

10 the Immigration and Nationality Act (8 U.S.C. 1182) is 

11 amended by inserting after subsection (b) the following: 

12 ‘‘(c) Notwithstanding any other provision of law, the 

13 Secretary of Homeland Security or the Attorney General 

14 may waive the operation of any one or more grounds of 

15 inadmissibility set forth in this section for humanitarian 

16 purposes, to assure family unity, or when it is otherwise 

17 in the public interest. This waiver shall be available to in18 dividuals eligible for relief under subsection (h).’’. 

19 (d) WAIVERS OF DEPORTABILITY.—Section 237 of 

20 the Immigration and Nationality Act (8 U.S.C. 1227) is 

21 amended by adding at the end the following: 

22 ‘‘(e) Notwithstanding any other provision of law, the 

23 Secretary of Homeland Security or the Attorney General 

24 may waive the operation of any one or more grounds of 

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1 poses, to assure family unity, or when it is otherwise in 

2 the public interest.’’. 

3 SEC. 105. RELIEF FOR ORPHANS, WIDOWS, AND WIDOWERS. 

4 (a) IN GENERAL.— 

5 (1) SPECIAL RULE FOR ORPHANS, SPOUSES, 

6 AND PERMANENT PARTNERS.—In applying clauses 

7 (iii) and (iv) of section 201(b)(2)(A) of the Immigra8 tion and Nationality Act, as added by section 102(a) 

9 of this Act, to an alien whose citizen or lawful per10 manent resident relative died before the date of the 

11 enactment of this Act, the alien relative may file the 

12 classification petition under section 204(a)(1)(A)(ii) 

13 of such Act, as amended by section 

14 102(c)(4)(A)(i)(II) of this Act, not later than 2 

15 years after the date of the enactment of this Act. 

16 (2) ELIGIBILITY FOR PAROLE.—If an alien was 

17 excluded, deported, removed, or departed voluntarily 

18 before the date of the enactment of this Act based 

19 solely upon the alien’s lack of classification as an 

20 immediate relative (as defined in section 

21 201(b)(2)(A)(iv) of the Immigration and Nationality 

22 Act, as amended by section 102(a) of this Act) due 

23 to the death of such citizen or resident— 

24 (A) such alien shall be eligible for parole 

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1 retary of Homeland Security’s discretionary au2 thority under section 212(d)(5) of such Act (8 

3 U.S.C. 1182(d)(5)); and 

4 (B) such alien’s application for adjustment 

5 of status shall be considered notwithstanding 

6 section 212(a)(9) of such Act (8 U.S.C. 

7 1182(a)(9)). 

8 (3) ELIGIBILITY FOR PAROLE.—If an alien de9 scribed in section 204(l) of the Immigration and Na10 tionality Act (8 U.S.C. 1154(l)), was excluded, de11 ported, removed, or departed voluntarily before the 

12 date of the enactment of this Act— 

13 (A) such alien shall be eligible for parole 

14 into the United States pursuant to the Sec15 retary of Homeland Security’s discretionary au16 thority under section 212(d)(5) of such Act (8 

17 U.S.C. 1182(d)(5)); and 

18 (B) such alien’s application for adjustment 

19 of status shall be considered notwithstanding 

20 section 212(a)(9) of such Act (8 U.S.C. 

21 1182(a)(9)). 

22 (b) PROCESSING OF IMMIGRANT VISAS AND DERIVA23 TIVE PETITIONS.— 


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1 (1) IN GENERAL.—Section 204(b) of the Immi2 gration and Nationality Act (8 U.S.C. 1154(b)) is 

3 amended— 

4 (A) by striking ‘‘After an investigation’’ 

5 and inserting the following: 

6 ‘‘(1) IN GENERAL.—After an investigation’’; 

7 and 

8 (B) by adding at the end the following: 

9 ‘‘(2) DEATH OF QUALIFYING RELATIVE.— 

10 ‘‘(A) IN GENERAL.—Any alien described in 

11 subparagraph (B) whose qualifying relative died 

12 before the completion of immigrant visa proc13 essing may have an immigrant visa application 

14 adjudicated as if such death had not occurred. 

15 An immigrant visa issued before the death of 

16 the qualifying relative shall remain valid after 

17 such death. 

18 ‘‘(B) ALIEN DESCRIBED.—An alien de19 scribed in this subparagraph is an alien who— 

20 ‘‘(i) is an immediate relative (as de21 scribed in section 201(b)(2)(A)); 

22 ‘‘(ii) is a family-sponsored immigrant 

23 (as described in subsection (a) or (d) of 

24 section 203); 


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1 ‘‘(iii) is a derivative beneficiary of an 

2 employment-based immigrant under section 

3 203(b) (as described in section 203(d)); or 

4 ‘‘(iv) is the spouse, permanent part5 ner, or child of a refugee (as described in 

6 section 207(c)(2)) or an asylee (as de7 scribed in section 208(b)(3)).’’. 

8 (2) TRANSITION PERIOD.— 

9 (A) IN GENERAL.—Notwithstanding a de10 nial or revocation of an application for an immi11 grant visa for an alien whose qualifying relative 

12 died before the date of the enactment of this 

13 Act, such application may be renewed by the 

14 alien through a motion to reopen, without fee. 

15 (B) INAPPLICABILITY OF BARS TO

16 ENTRY.—Notwithstanding section 212(a)(9) of 

17 the Immigration and Nationality Act (8 U.S.C. 

18 1182(a)(9)), an alien’s application for an immi19 grant visa shall be considered if the alien was 

20 excluded, deported, removed, or departed volun21 tarily before the date of the enactment of this 

22 Act. 

23 (c) NATURALIZATION.—Section 319(a) of the Immi24 gration and Nationality Act (8 U.S.C. 1430(a)) is amend25 ed— 


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1 (1) by inserting ‘‘or permanent partner’’ after 

2 ‘‘spouse’’ each place such term appears; 

3 (2) by inserting ‘‘(or, if the spouse is deceased, 

4 the spouse was a citizen of the United States)’’ after 

5 ‘‘citizen of the United States’’; and 

6 (3) by inserting ‘‘or permanent partnership’’ 

7 after ‘‘marital union’’. 

8 (d) WAIVERS OF INADMISSIBILITY.—Section 212 of 

9 the Immigration and Nationality Act (8 U.S.C. 1182) is 

10 amended— 

11 (1) by redesignating the second subsection (t) 

12 as subsection (u); and 

13 (2) by adding at the end the following: 

14 ‘‘(v) CONTINUED WAIVER ELIGIBILITY FOR WIDOWS, 

15 WIDOWERS, AND ORPHANS.—In the case of an alien who 

16 would have been statutorily eligible for any waiver of inad17 missibility under this Act but for the death of a qualifying 

18 relative, the eligibility of such alien shall be preserved as 

19 if the death had not occurred and the death of the quali20 fying relative shall be the functional equivalent of hardship 

21 for purposes of any waiver of inadmissibility which re22 quires a showing of hardship.’’. 

23 (e) SURVIVING RELATIVE CONSIDERATION FOR CER24 TAIN PETITIONS AND APPLICATIONS.—Section 204(l)(1) 


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1 of the Immigration and Nationality Act (8 U.S.C. 

2 1154(l)(1)) is amended— 

3 (1) by striking ‘‘who resided in the United 

4 States at the time of the death of the qualifying rel5 ative and who continues to reside in the United 

6 States’’; and 

7 (2) by striking ‘‘any related applications,’’ and 

8 inserting ‘‘any related applications (including affida9 vits of support),’’. 

10 (f) IMMEDIATE RELATIVES.—Section 201(b)(2)(A)(i) 

11 of the Immigration and Nationality Act (8 U.S.C. 

12 1151(b)(2)(A)(i)) is amended by striking ‘‘within 2 years 

13 after such date’’. 

14 (g) FAMILY-SPONSORED IMMIGRANTS.—Section 

15 212(a)(4)(C)(i) is amended— 

16 (1) in subclause (I), by striking ‘‘, or’’ and in17 serting a semicolon; 

18 (2) in subclause (II), by striking ‘‘or’’ at the 

19 end; and 

20 (3) by adding at the end the following: 

21 ‘‘(IV) the status as a surviving 

22 relative under section 204(l); or’’. 


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1 SEC. 106. EXEMPTION FROM IMMIGRANT VISA LIMIT FOR 

2 CERTAIN VETERANS WHO ARE NATIVES OF 

3 PHILIPPINES. 

4 (a) SHORT TITLE.—This section may be cited as the 

5 ‘‘Filipino Veterans Family Reunification Act’’. 

6 (b) ALIENS NOT SUBJECT TO DIRECT NUMERICAL

7 LIMITATIONS.—Section 201(b)(1) of the Immigration and 

8 Nationality Act (8 U.S.C. 1151(b)(1)) is amended by add9 ing at the end the following: 

10 ‘‘(F) Aliens who are eligible for an immigrant 

11 visa under paragraph (1) or (3) of section 203(a) 

12 and who have a parent who was naturalized pursu13 ant to section 405 of the Immigration Act of 1990 

14 (8 U.S.C. 1440 note).’’. 

15 SEC. 107. FIANCE ́ E CHILD STATUS PROTECTION. 

16 (a) DEFINITION.—Section 101(a)(15)(K)(iii) of the 

17 Immigration and Nationality Act (8 U.S.C. 

18 1101(a)(15)(K)(iii)) is amended by inserting ‘‘, if a deter19 mination of the age of such minor child is made using 

20 the age of the alien on the date on which the petition is 

21 filed with the Secretary of Homeland Security to classify 

22 the alien’s parent as the fiance ́e or fiance ́ of a United 

23 States citizen (in the case of an alien parent described in 

24 clause (i)) or as the spouse or permanent partner of a 

25 United States citizen under section 201(b)(2)(A)(i) (in the 


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1 case of an alien parent described in clause (ii));’’ before 

2 the semicolon at the end. 

3 (b) ADJUSTMENT OF STATUS AUTHORIZED.—Section 

4 214(d) of the Immigration and Nationality Act (8 U.S.C. 

5 1184(d)(1)) is amended— 

6 (1) by redesignating paragraphs (2) and (3) as 

7 paragraphs (3) and (4), respectively; and 

8 (2) in paragraph (1), by striking ‘‘In the event’’ 

9 and inserting the following: 

10 ‘‘(2)(A) If an alien does not marry the petitioner 

11 under paragraph (1) within 3 months after the alien and 

12 the alien’s minor children are admitted into the United 

13 States, such alien and children shall be required to depart 

14 from the United States. If such aliens fail to depart from 

15 the United States, they shall be removed in accordance 

16 with sections 240 and 241. 

17 ‘‘(B) Subject to subparagraphs (C) and (D), if an 

18 alien marries the petitioner described in section 

19 101(a)(15)(K)(i) within 3 months after the alien is admit20 ted into the United States, the Secretary of Homeland Se21 curity or the Attorney General, subject to the provisions 

22 of section 245(d), may adjust the status of the alien, and 

23 any minor children accompanying or following to join the 

24 alien, to that of an alien lawfully admitted for permanent 

25 residence on a conditional basis under section 216 if the 


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1 alien and any such minor children apply for such adjust2 ment and are not determined to be inadmissible to the 

3 United States. 

4 ‘‘(C) Paragraphs (5) and (7)(A) of section 212(a) 

5 shall not apply to an alien who is eligible to apply for ad6 justment of his or her status to an alien lawfully admitted 

7 for permanent residence under this section. 

8 ‘‘(D) An alien eligible for a waiver of inadmissibility 

9 as otherwise authorized under this Act shall be permitted 

10 to apply for adjustment of his or her status to that of 

11 an alien lawfully admitted for permanent residence under 

12 this section.’’. 

13 (c) AGE DETERMINATION.—Section 245(d) of the 

14 Immigration and Nationality Act (8 U.S.C. 1155(d)) is 

15 amended— 

16 (1) by inserting ‘‘(1)’’ before ‘‘The Attorney 

17 General’’; and 

18 (2) by adding at the end the following: 

19 ‘‘(2) A determination of the age of an alien admitted 

20 to the United States under section 101(a)(15)(K)(iii) shall 

21 be made, for purposes of adjustment to the status of an 

22 alien lawfully admitted for permanent residence on a con23 ditional basis under section 216, using the age of the alien 

24 on the date on which the petition is filed with the Sec25 retary of Homeland Security to classify the alien’s parent 


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1 as the fiance ́e or fiance ́ of a United States citizen (in the 

2 case of an alien parent admitted to the United States 

3 under section 101(a)(15)(K)(i)) or as the spouse or per4 manent partner of a United States citizen under section 

5 201(b)(2)(A)(i) (in the case of an alien parent admitted 

6 to the United States under section 101(a)(15)(K)(ii)).’’. 

7 (d) EFFECTIVE DATE.— 

8 (1) IN GENERAL.—The amendments made by 

9 this section shall be effective as if included in the 

10 Immigration Marriage Fraud Amendments of 1986 

11 (Public Law 99–639). 

12 (2) APPLICABILITY.—The amendments made 

13 by this section shall apply to all petitions or applica14 tions described in such amendments that— 

15 (A) are pending as of the date of the en16 actment of this Act; or 

17 (B) have been denied, but would have been 

18 approved if such amendments had been in effect 

19 at the time of adjudication of the petition or 

20 application. 

21 (3) MOTION TO REOPEN OR RECONSIDER.—A 

22 motion to reopen or reconsider a petition or applica23 tion described in paragraph (2)(B) shall be granted 

24 if such motion is filed with the Secretary of HomeVerDate Sep 11 2014 02:29 Feb 09, 2018 Jkt 079200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\H4944.IH H4944

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1 land Security or the Attorney General not later than 

2 2 years after the date of the enactment of this Act. 

3 SEC. 108. EQUAL TREATMENT FOR ALL STEPCHILDREN. 

4 Section 101(b)(1)(B) of the Immigration and Nation5 ality Act (8 U.S.C. 1101(b)(1)(B)) is amended by striking 

6 ‘‘, provided the child had not reached the age of eighteen 

7 years at the time the marriage creating the status of step8 child occurred’’. 

9 SEC. 109. RETENTION OF PRIORITY DATES. 

10 Section 203 of the Immigration and Nationality Act 

11 (8 U.S.C. 1153) is amended— 

12 (1) by amending subsection (h)(3) to read as 

13 follows: 

14 ‘‘(3) RETENTION OF PRIORITY DATE.—If the 

15 age of an alien is determined under paragraph (1) 

16 to be 21 years of age or older for the purposes of 

17 subsections (a)(2)(A) and (d), and a parent of the 

18 alien files a family-based petition for such alien, the 

19 priority date for such petition shall be the original 

20 priority date issued upon receipt of the original 

21 family- or employment-based petition for which ei22 ther parent was a beneficiary.’’; and 

23 (2) by adding at the end the following: 

24 ‘‘(i) PERMANENT PRIORITY DATES.—The priority 

25 date for any family- or employment-based petition shall 


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1 be the date of filing of the petition with the Secretary of 

2 Homeland Security (or the Secretary of State, if applica3 ble), unless the filing of the petition was preceded by the 

4 filing of a labor certification with the Secretary of Labor, 

5 in which case that date shall constitute the priority date. 

6 The beneficiary of any petition shall retain his or her ear7 liest priority date based on any petition filed on his or 

8 her behalf that was approvable when filed, regardless of 

9 the category of subsequent petitions.’’. 

10 TITLE II—UNITING AMERICAN 

11 FAMILIES ACT 

12 SEC. 201. DEFINITIONS OF PERMANENT PARTNER AND 

13 PERMANENT PARTNERSHIP. 

14 Section 101(a) of the Immigration and Nationality 

15 Act (8 U.S.C. 1101(a)) is amended— 

16 (1) in paragraph (15)(K)(ii), by inserting ‘‘or 

17 permanent partnership’’ after ‘‘marriage’’; and 

18 (2) by adding at the end the following: 

19 ‘‘(52) The term ‘permanent partner’ means an 

20 individual 18 years of age or older who— 

21 ‘‘(A) is in a committed, intimate relation22 ship with another individual 18 years of age or 

23 older in which both parties intend a lifelong 

24 commitment; 


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1 ‘‘(B) is financially interdependent with 

2 that other individual, unless the Secretary of 

3 Homeland Security or the Secretary of State 

4 has determined, on a case-by-case basis, that 

5 the requirement under this subparagraph is un6 reasonable; 

7 ‘‘(C) is not married to or in a permanent 

8 partnership with anyone other than that other 

9 individual; 

10 ‘‘(D) is unable to contract with that other 

11 individual a marriage cognizable under this Act; 

12 and 

13 ‘‘(E) is not a first, second, or third degree 

14 blood relation of that other individual. 

15 ‘‘(53) The term ‘permanent partnership’ means 

16 the relationship that exists between two permanent 

17 partners. 

18 ‘‘(54) The term ‘alien permanent partner’ 

19 means the individual in a permanent partnership 

20 who is being sponsored for a visa’’. 

21 SEC. 202. DEFINITION OF CHILD. 

22 (a) TITLES I AND II.—Section 101(b)(1) of the Im23 migration and Nationality Act (8 U.S.C. 1101(b)(1)) is 

24 amended by adding at the end the following: 


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1 ‘‘(H)(i) a biological child of an alien permanent 

2 partner if the child was under the age of 18 at the 

3 time the permanent partnership was formed; or 

4 ‘‘(ii) a child adopted by an alien permanent 

5 partner while under the age of 16 years if the child 

6 has been in the legal custody of, and has resided 

7 with, such adoptive parent for at least 2 years and 

8 if the child was under the age of 18 at the time the 

9 permanent partnership was formed.’’. 

10 (b) TITLE III.—Section 101(c) of the Immigration 

11 and Nationality Act (8 U.S.C. 1101(c)) is amended— 

12 (1) in paragraph (1), by inserting ‘‘or as de13 scribed in subsection (b)(1)(H)’’ after ‘‘The term 

14 ‘child’ means an unmarried person under twenty-one 

15 years of age’’; and 

16 (2) in paragraph (2), by inserting ‘‘or a de17 ceased permanent partner of the deceased parent, 

18 father, or mother,’’ after ‘‘deceased parent, father, 

19 and mother’’. 

20 SEC. 203. ALLOCATION OF IMMIGRANT VISAS. 

21 (a) PREFERENCE ALLOCATION FOR SONS AND

22 DAUGHTERS OF CITIZENS.—Section 203(a)(3) of the Im23 migration and Nationality Act (8 U.S.C. 1153(a)(3)) is 

24 amended— 


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1 (1) in the heading, by inserting ‘‘AND DAUGH2 TERS AND SONS WITH PERMANENT PARTNERS’’ after 

3 ‘‘DAUGHTERS’’; and 

4 (2) by inserting ‘‘, or daughters or sons with 

5 permanent partners,’’ after ‘‘daughters’’. 

6 (b) EMPLOYMENT CREATION.—Section 

7 203(b)(5)(A)(ii) of such Act (8 U.S.C. 1153(b)(5)(A)(ii)) 

8 is amended by inserting ‘‘permanent partner,’’ after 

9 ‘‘spouse,’’. 

10 (c) TREATMENT OF FAMILY MEMBERS.—Section 

11 203(d) of such Act (8 U.S.C. 1153(d)) is amended— 

12 (1) by inserting ‘‘, permanent partner,’’ after 

13 ‘‘spouse’’ each place it appears; and 

14 (2) by striking ‘‘or (E)’’ and inserting ‘‘(E), or 

15 (H)’’. 

16 SEC. 204. PROCEDURE FOR GRANTING IMMIGRANT STATUS. 

17 (a) CLASSIFICATION PETITIONS.—Section 204(a)(1) 

18 of the Immigration and Nationality Act (8 U.S.C. 

19 1154(a)(1)) is amended— 

20 (1) in subparagraph (A)(ii), by inserting ‘‘or 

21 permanent partner’’ after ‘‘spouse’’; 

22 (2) in subparagraph (A)(iii)— 

23 (A) by inserting ‘‘or permanent partner’’ 

24 after ‘‘spouse’’ each place it appears; and 


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1 (B) in subclause (I), by inserting ‘‘or per2 manent partnership’’ after ‘‘marriage’’ each 

3 place it appears; 

4 (3) in subparagraph (A)(v)(I), by inserting 

5 ‘‘permanent partner,’’ after ‘‘is the spouse,’’; 

6 (4) in subparagraph (A)(vi)— 

7 (A) by inserting ‘‘or termination of the 

8 permanent partnership’’ after ‘‘divorce’’; and 

9 (B) by inserting ‘‘, permanent partner,’’ 

10 after ‘‘spouse’’; and 

11 (5) in subparagraph (B)— 

12 (A) by inserting ‘‘or permanent partner’’ 

13 after ‘‘spouse’’ each place it appears; 

14 (B) by inserting ‘‘or permanent partner15 ship’’ after ‘‘marriage’’ in clause (ii)(I)(aa) and 

16 the first place it appears in clause (ii)(I)(bb); 

17 and 

18 (C) in clause (ii)(II)(aa)(CC)(bbb), by in19 serting ‘‘(or the termination of the permanent 

20 partnership)’’ after ‘‘termination of the mar21 riage’’. 

22 (b) IMMIGRATION FRAUD PREVENTION.—Section 

23 204(c) of such Act (8 U.S.C. 1154(c)) is amended— 

24 (1) by inserting ‘‘or permanent partner’’ after 

25 ‘‘spouse’’ each place it appears; and 


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1 (2) by inserting ‘‘or permanent partnership’’ 

2 after ‘‘marriage’’ each place it appears. 

3 (c) RESTRICTIONS ON PETITIONS BASED ON MAR4 RIAGES ENTERED WHILE IN EXCLUSION OR DEPORTA5 TION PROCEEDINGS.—Section 204(g) of such Act (8 

6 U.S.C. 1154(g)) is amended by inserting ‘‘or permanent 

7 partnership’’ after ‘‘marriage’’ each place it appears. 

8 (d) SURVIVAL OF RIGHTS TO PETITION.—Section 

9 204(h) of such Act (8 U.S.C. 1154(h)) is amended— 

10 (1) by inserting ‘‘or permanent partnership’’ 

11 after ‘‘marriage’’ each place it appears; and 

12 (2) by inserting ‘‘or formation of a new perma13 nent partnership’’ after ‘‘Remarriage’’. 

14 SEC. 205. ANNUAL ADMISSION OF REFUGEES AND ADMIS15 SION OF EMERGENCY SITUATION REFUGEES. 

16 Section 207(c) of the Immigration and Nationality 

17 Act (8 U.S.C. 1157(c)) is amended— 

18 (1) in paragraph (2)— 

19 (A) by inserting ‘‘or permanent partner’’ 

20 after ‘‘spouse’’ each place it appears; 

21 (B) by inserting ‘‘or permanent partner’s’’ 

22 after ‘‘spouse’s’’; and 

23 (C) in subparagraph (A)— 

24 (i) by striking ‘‘or’’ after ‘‘(D),’’; and 


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1 (ii) by inserting ‘‘, or (H)’’ after 

2 ‘‘(E)’’; and 

3 (2) in paragraph (4), by inserting ‘‘or perma4 nent partner’’ after ‘‘spouse’’. 

5 SEC. 206. ASYLUM. 

6 Section 208(b)(3) of the Immigration and Nationality 

7 Act (8 U.S.C. 1158(b)(3)) is amended— 

8 (1) in the paragraph heading, by inserting ‘‘OR

9 PERMANENT PARTNER’’ after ‘‘SPOUSE’’; and 

10 (2) in subparagraph (A)— 

11 (A) by inserting ‘‘or permanent partner’’ 

12 after ‘‘spouse’’; 

13 (B) by striking ‘‘or’’ after ‘‘(D),’’; and 

14 (C) by inserting ‘‘, or (H)’’ after ‘‘(E)’’. 

15 SEC. 207. ADJUSTMENT OF STATUS OF REFUGEES. 

16 Section 209(b)(3) of the Immigration and Nationality 

17 Act (8 U.S.C. 1159(b)(3)) is amended by inserting ‘‘or 

18 permanent partner’’ after ‘‘spouse’’. 

19 SEC. 208. INADMISSIBLE ALIENS. 

20 (a) CLASSES OF ALIENS INELIGIBLE FOR VISAS OR

21 ADMISSION.—Section 212(a) of the Immigration and Na22 tionality Act (8 U.S.C. 1182(a)) is amended— 

23 (1) in paragraph (3)(D)(iv), by inserting ‘‘per24 manent partner,’’ after ‘‘spouse,’’; 


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1 (2) in paragraph (4)(C)(i)(I), by inserting ‘‘, 

2 permanent partner,’’ after ‘‘spouse’’; 

3 (3) in paragraph (6)(E)(ii), by inserting ‘‘per4 manent partner,’’ after ‘‘spouse,’’; and 

5 (4) in paragraph (9)(B)(v), by inserting ‘‘, per6 manent partner,’’ after ‘‘spouse’’. 

7 (b) WAIVERS.—Section 212(d) of such Act (8 U.S.C. 

8 1182(d)) is amended— 

9 (1) in paragraph (11), by inserting ‘‘permanent 

10 partner,’’ after ‘‘spouse,’’; and 

11 (2) in paragraph (12), by inserting ‘‘, perma12 nent partner,’’ after ‘‘spouse’’. 

13 (c) WAIVERS OF INADMISSIBILITY ON HEALTH-RE14 LATED GROUNDS.—Section 212(g)(1)(A) of such Act (8 

15 U.S.C. 1182(g)(1)(A)) is amended by inserting ‘‘or per16 manent partner’’ after ‘‘spouse’’. 

17 (d) WAIVERS OF INADMISSIBILITY ON CRIMINAL AND

18 RELATED GROUNDS.—Section 212(h)(1)(B) of such Act 

19 (8 U.S.C. 1182(h)(1)(B)) is amended by inserting ‘‘per20 manent partner,’’ after ‘‘spouse,’’. 

21 (e) WAIVER OF INADMISSIBILITY FOR MISREPRESEN22 TATION.—Section 212(i)(1) of such Act (8 U.S.C. 

23 1182(i)(1)) is amended by inserting ‘‘permanent partner,’’ 

24 after ‘‘spouse,’’. 


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1 SEC. 209. NONIMMIGRANT STATUS FOR PERMANENT PART2 NERS AWAITING THE AVAILABILITY OF AN 

3 IMMIGRANT VISA. 

4 Section 214 of the Immigration and Nationality Act 

5 (8 U.S.C. 1184) is amended— 

6 (1) in subsection (e)(2), by inserting ‘‘or per7 manent partner’’ after ‘‘spouse’’; and 

8 (2) in subsection (r)— 

9 (A) in paragraph (1), by inserting ‘‘or per10 manent partner’’ after ‘‘spouse’’; and 

11 (B) by inserting ‘‘or permanent partner12 ship’’ after ‘‘marriage’’ each place it appears. 

13 SEC. 210. DERIVATIVE STATUS FOR PERMANENT PART14 NERS OF NONIMMIGRANT VISA HOLDERS. 

15 Section 101(a)(15) of the Immigration and Nation16 ality Act (8 U.S.C. 1101(a)(15)) is amended— 

17 (1) in subparagraph (A)— 

18 (A) in clause (i), by inserting ‘‘, which 

19 shall include permanent partners’’ after ‘‘imme20 diate family’’; 

21 (B) in clause (ii), by inserting ‘‘, which 

22 shall include permanent partners’’ after ‘‘imme23 diate families’’; and 

24 (C) in clause (iii), by inserting ‘‘, which 

25 shall include permanent partners,’’ after ‘‘im26 mediate families,’’; 


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1 (2) in subparagraph (E), by inserting ‘‘or per2 manent partner’’ after ‘‘spouse’’; 

3 (3) in subparagraph (F)(ii), by inserting ‘‘or 

4 permanent partner’’ after ‘‘spouse’’; 

5 (4) in subparagraph (G)(i), by inserting ‘‘, 

6 which shall include his or her permanent partner’’ 

7 after ‘‘members of his or their immediate family’’; 

8 (5) in subparagraph (G)(ii), by inserting ‘‘, 

9 which shall include permanent partners,’’ after ‘‘the 

10 members of their immediate families’’; 

11 (6) in subparagraph (G)(iii), by inserting ‘‘, 

12 which shall include his permanent partner,’’ after 

13 ‘‘the members of his immediate family’’; 

14 (7) in subparagraph (G)(iv), by inserting ‘‘, 

15 which shall include permanent partners’’ after ‘‘the 

16 members of their immediate families’’; 

17 (8) in subparagraph (G)(v), by inserting ‘‘, 

18 which shall include permanent partners’’ after ‘‘the 

19 members of the immediate families’’; 

20 (9) in subparagraph (H), by inserting ‘‘or per21 manent partner’’ after ‘‘spouse’’; 

22 (10) in subparagraph (I), by inserting ‘‘or per23 manent partner’’ after ‘‘spouse’’; 

24 (11) in subparagraph (J), by inserting ‘‘or per25 manent partner’’ after ‘‘spouse’’; 


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1 (12) in subparagraph (L), by inserting ‘‘or per2 manent partner’’ after ‘‘spouse’’; 

3 (13) in subparagraph (M)(ii), by inserting ‘‘or 

4 permanent partner’’ after ‘‘spouse’’; 

5 (14) in subparagraph (O)(iii), by inserting ‘‘or 

6 permanent partner’’ after ‘‘spouse’’; 

7 (15) in subparagraph (P)(iv), by inserting ‘‘or 

8 permanent partner’’ after ‘‘spouse’’; 

9 (16) in subparagraph (Q)(ii)(II), by inserting 

10 ‘‘or permanent partner’’ after ‘‘spouse’’; 

11 (17) in subparagraph (R), by inserting ‘‘or per12 manent partner’’ after ‘‘spouse’’; 

13 (18) in subparagraph (S), by inserting ‘‘or per14 manent partner’’ after ‘‘spouse’’; 

15 (19) in subparagraph (T)(ii)(I), by inserting 

16 ‘‘or permanent partner’’ after ‘‘spouse’’; 

17 (20) in subparagraph (T)(ii)(II), by inserting 

18 ‘‘or permanent partner’’ after ‘‘spouse’’; 

19 (21) in subparagraph (U)(ii)(I), by inserting 

20 ‘‘or permanent partner’’ after ‘‘spouse’’; 

21 (22) in subparagraph (U)(ii)(II), by inserting 

22 ‘‘or permanent partner’’ after ‘‘spouse’’; and 

23 (23) in subparagraph (V), by inserting ‘‘perma24 nent partner or’’ after ‘‘beneficiary (including a’’. 


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1 SEC. 211. CONDITIONAL PERMANENT RESIDENT STATUS 

2 FOR CERTAIN ALIEN SPOUSES, PERMANENT 

3 PARTNERS, AND SONS AND DAUGHTERS. 

4 (a) SECTION HEADING.— 

5 (1) IN GENERAL.—The heading for section 216 

6 of the Immigration and Nationality Act (8 U.S.C. 

7 1186a) is amended by inserting ‘‘AND PERMANENT

8 PARTNERS’’ after ‘‘SPOUSES’’. 

9 (2) CLERICAL AMENDMENT.—The table of con10 tents of such Act is amended by amending the item 

11 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.’’. 

12 (b) IN GENERAL.—Section 216(a) of such Act (8 

13 U.S.C. 1186a(a)) is amended— 

14 (1) in paragraph (1), by inserting ‘‘or perma15 nent partner’’ after ‘‘spouse’’; 

16 (2) in paragraph (2)(A), by inserting ‘‘or per17 manent partner’’ after ‘‘spouse’’; 

18 (3) in paragraph (2)(B), by inserting ‘‘perma19 nent partner,’’ after ‘‘spouse,’’; and 

20 (4) in paragraph (2)(C), by inserting ‘‘perma21 nent partner,’’ after ‘‘spouse,’’. 

22 (c) TERMINATION OF STATUS IF FINDING THAT

23 QUALIFYING MARRIAGE IMPROPER.—Section 216(b) of 

24 such Act (8 U.S.C. 1186a(b)) is amended— 


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1 (1) in the heading, by inserting ‘‘OR PERMA2 NENT PARTNERSHIP’’ after ‘‘MARRIAGE’’; 

3 (2) in paragraph (1)(A), by inserting ‘‘or per4 manent partnership’’ after ‘‘marriage’’; and 

5 (3) in paragraph (1)(A)(ii)— 

6 (A) by inserting ‘‘or has ceased to satisfy 

7 the criteria for being considered a permanent 

8 partnership under this Act,’’ after ‘‘termi9 nated,’’; and 

10 (B) by inserting ‘‘or permanent partner’’ 

11 after ‘‘spouse’’. 

12 (d) REQUIREMENTS OF TIMELY PETITION AND

13 INTERVIEW FOR REMOVAL OF CONDITION.—Section 

14 216(c) of such Act (8 U.S.C. 1186a(c)) is amended— 

15 (1) in paragraphs (1), (2)(A)(ii), (3)(A)(ii), 

16 (3)(C), (4)(B), and (4)(C), by inserting ‘‘or perma17 nent partner’’ after ‘‘spouse’’ each place it appears; 

18 and 

19 (2) in paragraph (3)(A), in the matter following 

20 clause (ii), and in paragraphs (3)(D), (4)(B), and 

21 (4)(C), by inserting ‘‘or permanent partnership’’ 

22 after ‘‘marriage’’ each place it appears. 

23 (e) CONTENTS OF PETITION.—Section 216(d)(1) of 

24 such Act (8 U.S.C. 1186a(d)(1)) is amended— 


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1 (1) in the heading of subparagraph (A), by in2 serting ‘‘OR PERMANENT PARTNERSHIP’’ after ‘‘MAR3 RIAGE’’; 

4 (2) in subparagraph (A)(i), by inserting ‘‘or 

5 permanent partnership’’ after ‘‘marriage’’; 

6 (3) in subparagraph (A)(i)(I), by inserting be7 fore the comma at the end ‘‘, or is a permanent 

8 partnership recognized under this Act’’; 

9 (4) in subparagraph (A)(i)(II)— 

10 (A) by inserting ‘‘or has not ceased to sat11 isfy the criteria for being considered a perma12 nent partnership under this Act,’’ after ‘‘termi13 nated,’’; and 

14 (B) by inserting ‘‘or permanent partner’’ 

15 after ‘‘spouse’’; 

16 (5) in subparagraph (A)(ii), by inserting ‘‘or 

17 permanent partner’’ after ‘‘spouse’’; and 

18 (6) in subparagraph (B)(i)— 

19 (A) by inserting ‘‘or permanent partner20 ship’’ after ‘‘marriage’’; and 

21 (B) by inserting ‘‘or permanent partner’’ 

22 after ‘‘spouse’’. 

23 (f) DEFINITIONS.—Section 216(g) of such Act (8 

24 U.S.C. 1186a(g)) is amended— 

25 (1) in paragraph (1)— 


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1 (A) by inserting ‘‘or permanent partner’’ 

2 after ‘‘spouse’’ each place it appears; and 

3 (B) by inserting ‘‘or permanent partner4 ship’’ after ‘‘marriage’’ each place it appears; 

5 (2) in paragraph (2), by inserting ‘‘or perma6 nent partnership’’ after ‘‘marriage’’; 

7 (3) in paragraph (3), by inserting ‘‘or perma8 nent partnership’’ after ‘‘marriage’’; and 

9 (4) in paragraph (4)— 

10 (A) by inserting ‘‘or permanent partner’’ 

11 after ‘‘spouse’’ each place it appears; and 

12 (B) by inserting ‘‘or permanent partner13 ship’’ after ‘‘marriage’’. 

14 SEC. 212. CONDITIONAL PERMANENT RESIDENT STATUS 

15 FOR CERTAIN ALIEN ENTREPRENEURS, 

16 SPOUSES, PERMANENT PARTNERS, AND CHIL17 DREN. 

18 (a) SECTION HEADING.— 

19 (1) IN GENERAL.—The heading for section 

20 216A of the Immigration and Nationality Act (8 

21 U.S.C. 1186b) is amended by inserting ‘‘OR PERMA22 NENT PARTNERS’’ after ‘‘SPOUSES’’. 

23 (2) CLERICAL AMENDMENT.—The table of con24 tents of such Act is amended by amending the item 

25 relating to section 216A to read as follows: 


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

1 (b) IN GENERAL.—Section 216A(a) of such Act (8 

2 U.S.C. 1186b(a)) is amended, in paragraphs (1), (2)(A), 

3 (2)(B), and (2)(C), by inserting ‘‘or permanent partner’’ 

4 after ‘‘spouse’’ each place it appears. 

5 (c) TERMINATION OF STATUS IF FINDING THAT

6 QUALIFYING ENTREPRENEURSHIP IMPROPER.—Section 

7 216A(b)(1) of such Act (8 U.S.C. 1186b(b)(1)) is amend8 ed by inserting ‘‘or permanent partner’’ after ‘‘spouse’’ in 

9 the matter following subparagraph (C). 

10 (d) REQUIREMENTS OF TIMELY PETITION AND

11 INTERVIEW FOR REMOVAL OF CONDITION.—Section 

12 216A(c) of such Act (8 U.S.C. 1186b(c)) is amended, in 

13 paragraphs (1), (2)(A)(ii), and (3)(C), by inserting ‘‘or 

14 permanent partner’’ after ‘‘spouse’’. 

15 (e) DEFINITIONS.—Section 216A(f)(2) of such Act (8 

16 U.S.C. 1186b(f)(2)) is amended by inserting ‘‘or perma17 nent partner’’ after ‘‘spouse’’ each place it appears. 

18 SEC. 213. DEPORTABLE ALIENS. 

19 Section 237(a) of the Immigration and Nationality 

20 Act (8 U.S.C. 1227(a)) is amended— 

21 (1) in paragraph (1)(D)(i), by inserting ‘‘or 

22 permanent partners’’ after ‘‘spouses’’ each place it 

23 appears; 


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1 (2) in paragraphs (1)(E)(ii), (1)(E)(iii), and 

2 (1)(H)(I)(I), by inserting ‘‘or permanent partner’’ 

3 after ‘‘spouse’’; and 

4 (3) in paragraphs (2)(E)(i) and (3)(C)(ii), by 

5 inserting ‘‘or permanent partner’’ after ‘‘spouse’’ 

6 each place it appears. 

7 SEC. 214. REMOVAL PROCEEDINGS. 

8 Section 240 of the Immigration and Nationality Act 

9 (8 U.S.C. 1229a) is amended— 

10 (1) in the heading of subsection (c)(7)(C)(iv), 

11 by inserting ‘‘PERMANENT PARTNERS,’’ after 

12 ‘‘SPOUSES,’’; and 

13 (2) in subsection (e)(1), by inserting ‘‘or per14 manent partner’’ after ‘‘spouse’’. 

15 SEC. 215. CANCELLATION OF REMOVAL; ADJUSTMENT OF 

16 STATUS. 

17 Section 240A(b) of the Immigration and Nationality 

18 Act (8 U.S.C. 1229b(b)) is amended— 

19 (1) in paragraph (1)(D), by inserting ‘‘or per20 manent partner’’ after ‘‘spouse’’; 

21 (2) in the heading for paragraph (2), by insert22 ing ‘‘, PERMANENT PARTNER,’’ after ‘‘SPOUSE’’; and 

23 (3) in paragraph (2)(A), by inserting ‘‘, perma24 nent partner,’’ after ‘‘spouse’’ each place it appears. 


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1 SEC. 216. ADJUSTMENT OF STATUS OF NONIMMIGRANT TO 

2 THAT OF PERSON ADMITTED FOR PERMA3 NENT RESIDENCE. 

4 (a) PROHIBITION ON ADJUSTMENT OF STATUS.— 

5 Section 245(d) of the Immigration and Nationality Act (8 

6 U.S.C. 1255(d)) is amended by inserting ‘‘or permanent 

7 partnership’’ after ‘‘marriage’’. 

8 (b) AVOIDING IMMIGRATION FRAUD.—Section 245(e) 

9 of such Act (8 U.S.C. 1255(e)) is amended— 

10 (1) in paragraph (1), by inserting ‘‘or perma11 nent partnership’’ after ‘‘marriage’’; and 

12 (2) by adding at the end the following new 

13 paragraph: 

14 ‘‘(4) Paragraph (1) and section 204(g) shall not 

15 apply with respect to a permanent partnership if the alien 

16 establishes by clear and convincing evidence to the satis17 faction of the Secretary of Homeland Security that the 

18 permanent partnership was entered into in good faith and 

19 in accordance with section 101(a)(52) and the permanent 

20 partnership was not entered into for the purpose of pro21 curing the alien’s admission as an immigrant and no fee 

22 or other consideration was given (other than a fee or other 

23 consideration to an attorney for assistance in preparation 

24 of a lawful petition) for the filing of a petition under sec25 tion 204(a) or 214(d) with respect to the alien permanent 

26 partner. In accordance with regulations, there shall be 


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1 only one level of administrative appellate review for each 

2 alien under the previous sentence.’’. 

3 (c) ADJUSTMENT OF STATUS FOR CERTAIN ALIENS

4 PAYING FEE.—Section 245(i)(1) of such Act (8 U.S.C. 

5 1255(i)(1)) is amended by inserting ‘‘or permanent part6 ner’’ after ‘‘spouse’’ each place it appears. 

7 (d) ADJUSTMENT OF STATUS FOR CERTAIN ALIEN

8 INFORMANTS.—Section 245(j) of such Act (8 U.S.C. 

9 1255(j)) is amended— 

10 (1) in paragraph (1)— 

11 (A) by inserting ‘‘or permanent partner’’ 

12 after ‘‘spouse’’; and 

13 (B) by inserting ‘‘sons and daughters with 

14 and without permanent partners,’’ after 

15 ‘‘daughters,’’; and 

16 (2) in paragraph (2)— 

17 (A) by inserting ‘‘or permanent partner’’ 

18 after ‘‘spouse’’; and 

19 (B) by inserting ‘‘sons and daughters with 

20 and without permanent partners,’’ after 

21 ‘‘daughters,’’. 

22 (e) TRAFFICKING.—Section 245(l)(1) of such Act is 

23 amended by inserting ‘‘permanent partner,’’ after 

24 ‘‘spouse,’’. 


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1 SEC. 217. APPLICATION OF CRIMINAL PENALTIES FOR MIS2 REPRESENTATION AND CONCEALMENT OF 

3 FACTS REGARDING PERMANENT PARTNER4 SHIPS. 

5 Section 275(c) of the Immigration and Nationality 

6 Act (8 U.S.C. 1325(c)) is amended to read as follows: 

7 ‘‘(c) Any individual who knowingly enters into a mar8 riage or permanent partnership for the purpose of evading 

9 any provision of the immigration laws shall be imprisoned 

10 for not more than 5 years, or fined not more than 

11 $250,000, or both.’’. 

12 SEC. 218. REQUIREMENTS AS TO RESIDENCE, GOOD MORAL 

13 CHARACTER, ATTACHMENT TO THE PRIN14 CIPLES OF THE CONSTITUTION. 

15 Section 316(b) of the Immigration and Nationality 

16 Act (8 U.S.C. 1427(b)) is amended by inserting ‘‘or per17 manent partner’’ after ‘‘spouse’’. 

18 SEC. 219. NATURALIZATION FOR PERMANENT PARTNERS 

19 OF CITIZENS. 

20 Section 319 of the Immigration and Nationality Act 

21 (8 U.S.C. 1430) is amended— 

22 (1) in subsection (b)(1), by inserting ‘‘or per23 manent partner’’ after ‘‘spouse’’; 

24 (2) in subsection (b)(3), by inserting ‘‘or per25 manent partner’’ after ‘‘spouse’’; 

26 (3) in subsection (d)— 


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1 (A) by inserting ‘‘or permanent partner’’ 

2 after ‘‘spouse’’ each place it appears; and 

3 (B) by inserting ‘‘or permanent partner4 ship’’ after ‘‘marital union’’; 

5 (4) in subsection (e)(1)— 

6 (A) by inserting ‘‘or permanent partner’’ 

7 after ‘‘spouse’’; and 

8 (B) by inserting ‘‘or permanent partner9 ship’’ after ‘‘marital union’’; and 

10 (5) in subsection (e)(2), by inserting ‘‘or per11 manent partner’’ after ‘‘spouse’’. 

12 SEC. 220. APPLICATION OF FAMILY UNITY PROVISIONS TO 

13 PERMANENT PARTNERS OF CERTAIN LIFE 

14 ACT BENEFICIARIES. 

15 Section 1504 of the LIFE Act (division B of the Mis16 cellaneous Appropriations Act, 2001, as enacted into law 

17 by section 1(a)(4) of Public Law 106–554) is amended— 

18 (1) in the heading, by inserting ‘‘, PERMA19 NENT PARTNERS,’’ after ‘‘SPOUSES’’; 

20 (2) in subsection (a), by inserting ‘‘, permanent 

21 partner,’’ after ‘‘spouse’’; and 

22 (3) in each of subsections (b) and (c)— 

23 (A) in the subsection headings, by insert24 ing ‘‘, PERMANENT PARTNERS,’’ after 

25 ‘‘SPOUSES’’; and 


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1 (B) by inserting ‘‘, permanent partner,’’ 

2 after ‘‘spouse’’ each place it appears. 

3 SEC. 221. APPLICATION TO CUBAN ADJUSTMENT ACT. 

4 (a) IN GENERAL.—The first section of Public Law 

5 89–732 (November 2, 1966; 8 U.S.C. 1255 note) is 

6 amended— 

7 (1) in the next to last sentence, by inserting ‘‘, 

8 permanent partner,’’ after ‘‘spouse’’ the first two 

9 places it appears; and 

10 (2) in the last sentence, by inserting ‘‘, perma11 nent partners,’’ after ‘‘spouses’’. 

12 (b) CONFORMING AMENDMENTS.— 

13 (1) IMMIGRATION AND NATIONALITY ACT.—Sec14 tion 101(a)(51)(D) of the Immigration and Nation15 ality Act (8 U.S.C. 1101(a)(51)(D)) is amended by 

16 striking ‘‘or spouse’’ and inserting ‘‘, spouse, or per17 manent partner’’. 

18 (2) VIOLENCE AGAINST WOMEN ACT.—Section 

19 1506(c)(2)(A)(I)(IV) of the Violence Against Women 

20 Act of 2000 (8 U.S.C. 1229a note; division B of 

21 Public Law 106–386) is amended by striking ‘‘or 

22 spouse’’ and inserting ‘‘, spouse, or permanent part23 ner’’. 

Æ 


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