I 

112TH CONGRESS 

1ST SESSION H. R. 1796 

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

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 6, 2011 

Mr. HONDA (for himself, Ms. BALDWIN, Ms. BASS of California, Mr. BECERRA, Ms. BERKLEY, Mr. BERMAN, Mr. BLUMENAUER, Ms. BORDALLO, 

Mr. BRADY of Pennsylvania, Mr. CAPUANO, Mr. CARSON of Indiana, Ms. 

CASTOR of Florida, Mr. CONYERS, Mr. DEUTCH, Ms. CLARKE of New 

York, Mrs. CAPPS, Ms. CHU, Mr. COHEN, Mr. DAVIS of Illinois, Mrs. 

DAVIS of California, Ms. DEGETTE, Mr. DOYLE, Mr. ELLISON, Ms. 

ESHOO, Mr. FALEOMAVAEGA, Mr. FARR, Mr. FATTAH, Mr. FILNER, Mr. 

FRANK of Massachusetts, Mr. GRIJALVA, Mr. GUTIERREZ, Mr. HASTINGS

of Florida, Mr. HINCHEY, Ms. HIRONO, Mr. HOLT, Ms. NORTON, Mr. 

ISRAEL, Mr. JACKSON of Illinois, Ms. JACKSON LEE of Texas, Mr. JOHNSON of Georgia, Ms. LEE of California, Mr. LEWIS of Georgia, Ms. ZOE

LOFGREN of California, Mr. LANGEVIN, Mrs. MALONEY, Mr. MARKEY, 

Ms. MATSUI, Ms. MCCOLLUM, Mr. MCDERMOTT, Mr. MCGOVERN, Mr. 

GEORGE MILLER of California, Ms. MOORE, Mr. MORAN, Mr. NADLER, 

Mrs. NAPOLITANO, Mr. OLVER, Ms. PELOSI, Ms. PINGREE of Maine, Mr. 

POLIS, Mr. QUIGLEY, Mr. RANGEL, Ms. RICHARDSON, Mr. ROTHMAN of 

New Jersey, Ms. ROYBAL-ALLARD, Mr. RUSH, Mr. SABLAN, Ms. LINDA

T. SA ́NCHEZ of California, Ms. SCHAKOWSKY, Mr. SERRANO, Mr. SIRES, 

Mr. STARK, Mr. TOWNS, Ms. TSONGAS, Ms. WASSERMAN SCHULTZ, and 

Ms. WILSON of Florida) introduced the following bill; which was referred 

to the Committee on the Judiciary 

A BILL 

To amend the Immigration and Nationality Act to promote 

family unity, and for other purposes. 


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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’’. 

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

7 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. 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. 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. 


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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. 

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.—Subject to subparagraph 

14 (B), the worldwide level of family-sponsored immi15 grants under this subsection for a fiscal year is 

16 equal to the sum of— 

17 ‘‘(A) 480,000; and 

18 ‘‘(B) the sum of— 

19 ‘‘(i) the number computed under 

20 paragraph (2); and 


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1 ‘‘(ii) the number computed under 

2 paragraph (3). 

3 ‘‘(2) UNUSED VISA NUMBERS FROM PREVIOUS

4 FISCAL YEAR.—The number computed under this 

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

6 between— 

7 ‘‘(A) the worldwide level of family-spon8 sored immigrant visas established for the pre9 vious fiscal year; and 

10 ‘‘(B) the number of visas issued under sec11 tion 203(a), subject to this subsection, during 

12 the previous fiscal year. 

13 ‘‘(3) UNUSED VISA NUMBERS FROM FISCAL

14 YEARS 1992 THROUGH 2011.—The number computed 

15 under this paragraph is the difference, if any, be16 tween— 

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

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

19 family-sponsored immigrant visas estab20 lished for fiscal years 1992 through 2011; 

21 and 

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

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

24 during such fiscal years; and 


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1 ‘‘(B) the number of unused visas from fis2 cal years 1992 through 2011 that were issued 

3 after fiscal year 2011 under section 203(a), 

4 subject to this subsection.’’. 

5 (b) WORLDWIDE LEVEL OF EMPLOYMENT-BASED

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

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

8 as follows: 

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

10 IMMIGRANTS.— 

11 ‘‘(1) IN GENERAL.—The worldwide level of em12 ployment-based immigrants under this subsection for 

13 a fiscal year is equal to the sum of— 

14 ‘‘(A) 140,000; 

15 ‘‘(B) the number computed under para16 graph (2); and 

17 ‘‘(C) the number computed under para18 graph (3). 

19 ‘‘(2) UNUSED VISA NUMBERS FROM PREVIOUS

20 FISCAL YEAR.—The number computed under this 

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

22 between— 

23 ‘‘(A) the worldwide level of employment24 based immigrant visas established for the pre25 vious fiscal year; and 


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1 ‘‘(B) the number of visas issued under sec2 tion 203(b), subject to this subsection, during 

3 the previous fiscal year. 

4 ‘‘(3) UNUSED VISA NUMBERS FROM FISCAL

5 YEARS 1992 THROUGH 2011.—The number computed 

6 under this paragraph is the difference, if any, be7 tween— 

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

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

10 employment-based immigrant visas estab11 lished for each of fiscal years 1992 

12 through 2011; and 

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

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

15 during such fiscal years; and 

16 ‘‘(B) the number of unused visas from fis17 cal years 1992 through 2011 that were issued 

18 after fiscal year 2011 under section 203(b), 

19 subject to this subsection.’’. 

20 (c) EFFECTIVE DATE.—The amendments made by 

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

22 after the date of the enactment of this Act. 


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1 SEC. 102. RECLASSIFICATION OF SPOUSES AND MINOR 

2 CHILDREN OF LEGAL PERMANENT RESI3 DENTS AS IMMEDIATE RELATIVES. 

4 (a) IN GENERAL.—Section 201(b)(2) of the Immi5 gration and Nationality Act (8 U.S.C. 1151(b)(2)) is 

6 amended to read as follows: 

7 ‘‘(2) IMMEDIATE RELATIVE.— 

8 ‘‘(A) IN GENERAL.— 

9 ‘‘(i) IMMEDIATE RELATIVE DE10 FINED.—In this subparagraph, the term 

11 ‘immediate relative’ means a child, spouse, 

12 or parent of a citizen of the United States 

13 or a child or spouse of a lawful permanent 

14 resident (and for each family member of a 

15 citizen or lawful permanent resident under 

16 this subparagraph, such individual’s spouse 

17 or child who is accompanying or following 

18 to join the individual), except that, in the 

19 case of parents, such citizens shall be at 

20 least 21 years of age. 

21 ‘‘(ii) PREVIOUSLY ISSUED VISA.— 

22 Aliens admitted under section 211(a) on 

23 the basis of a prior issuance of a visa 

24 under section 203(a) to their accom25 panying parent who is an immediate rel26 ative. 


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1 ‘‘(iii) PARENTS AND CHILDREN.—An 

2 alien who was the child or parent of a cit3 izen of the United States or a child of a 

4 lawful permanent resident at the time of 

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

6 files a petition under 204(a)(1)(A)(ii) with7 in 2 years after such date or prior to 

8 reaching 21 years of age. 

9 ‘‘(iv) SPOUSE.—An alien who was the 

10 spouse of a citizen of the United States or 

11 lawful permanent resident for not less than 

12 2 years at the time of the citizen’s or resi13 dent’s death or, if married for less than 2 

14 years at the time of the citizen’s or resi15 dent’s death, proves by a preponderance of 

16 the evidence that the marriage was entered 

17 into in good faith and not solely for the 

18 purpose of obtaining an immigration ben19 efit and was not legally separated from the 

20 citizen or resident at the time of the citi21 zen’s or resident’s death, and each child of 

22 such alien, shall be considered, for pur23 poses of this subsection, an immediate rel24 ative after the date of the citizen’s or resi25 dent’s death if the spouse files a petition 


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1 under section 204(a)(1)(A)(ii) before the 

2 earlier of— 

3 ‘‘(I) 2 years after such date; or 

4 ‘‘(II) the date on which the 

5 spouse remarries. 

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

7 this subparagraph, an alien who has filed 

8 a petition under clause (iii) or (iv) of sec9 tion 204(a)(1)(A) remains an immediate 

10 relative if the United States citizen or law11 ful permanent resident spouse or parent 

12 loses United States citizenship or residence 

13 on account of the abuse. 

14 ‘‘(B) BIRTH DURING TEMPORARY VISIT

15 ABROAD.—Aliens born to an alien lawfully ad16 mitted for permanent residence during a tem17 porary visit abroad.’’. 

18 (b) ALLOCATION OF IMMIGRANT VISAS.—Section 

19 203(a) of the Immigration and Nationality Act (8 U.S.C. 

20 1153(a)) is amended— 

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

22 inserting ‘‘127,200’’; 

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

24 following: 


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1 ‘‘(2) UNMARRIED SONS AND UNMARRIED

2 DAUGHTERS OF PERMANENT RESIDENT ALIENS.— 

3 Qualified immigrants who are the unmarried sons or 

4 unmarried daughters (but are not the children) of 

5 an alien lawfully admitted for permanent residence 

6 shall be allocated visas in a number not to exceed 

7 80,640, plus any visas not required for the class 

8 specified in paragraph (1).’’; 

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

10 inserting ‘‘80,640’’; and 

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

12 inserting ‘‘191,520’’. 

13 (c) TECHNICAL AND CONFORMING AMENDMENTS.— 

14 (1) RULES FOR DETERMINING WHETHER CER15 TAIN ALIENS ARE IMMEDIATE RELATIVES.—Section 

16 201(f) of the Immigration and Nationality Act (8 

17 U.S.C. 1151(f)) is amended— 

18 (A) in paragraph (1), by striking ‘‘para19 graphs (2) and (3),’’ and inserting ‘‘paragraph 

20 (2),’’; 

21 (B) by striking paragraph (2); 

22 (C) by redesignating paragraphs (3) and 

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


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

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

3 and inserting ‘‘and (2)’’. 

4 (2) NUMERICAL LIMITATION TO ANY SINGLE

5 FOREIGN STATE.—Section 202 of the Immigration 

6 and Nationality Act (8 U.S.C. 1152) is amended— 

7 (A) in subsection (a)(4)— 

8 (i) by striking subparagraphs (A) and 

9 (B); 

10 (ii) by redesignating subparagraphs 

11 (C) and (D) as subparagraphs (A) and 

12 (B), respectively; and 

13 (iii) in subparagraph (A), as redesig14 nated by clause (ii), by striking ‘‘section 

15 203(a)(2)(B)’’ and inserting ‘‘section 

16 203(a)(2)’’; and 

17 (B) in subsection (e), in the flush matter 

18 following paragraph (3), by striking ‘‘, or as 

19 limiting the number of visas that may be issued 

20 under section 203(a)(2)(A) pursuant to sub21 section (a)(4)(A)’’. 

22 (3) ALLOCATION OF IMMIGRATION VISAS.—Sec23 tion 203(h) of the Immigration and Nationality Act 

24 (8 U.S.C. 1153(h)) is amended— 

25 (A) in paragraph (1)— 


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1 (i) in the matter preceding subpara2 graph (A), by striking ‘‘subsections 

3 (a)(2)(A) and (d)’’ and inserting ‘‘sub4 section (d)’’; 

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

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

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

8 which an immigrant visa number became 

9 available for the alien’s parent),’’ and in10 serting ‘‘became available for the alien’s 

11 parent,’’; and 

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

13 ‘‘applicable’’; 

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

15 follows: 

16 ‘‘(2) PETITIONS DESCRIBED.—The petition de17 scribed in this paragraph is a petition filed under 

18 section 204 for classification of the alien’s parent 

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

20 (C) in paragraph (3), by striking ‘‘sub21 sections (a)(2)(A) and (d)’’ and inserting ‘‘sub22 section (d)’’. 

23 (4) PROCEDURE FOR GRANTING IMMIGRANT

24 STATUS.—Section 204 of the Immigration and Na25 tionality Act (8 U.S.C. 1154) is amended— 


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1 (A) in subsection (a)(1)— 

2 (i) in subparagraph (A)— 

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

4 lawful permanent resident’’ after ‘‘cit5 izen’’; 

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

7 ‘‘described in the second sentence of 

8 section 201(b)(2)(A)(i) also’’ and in9 serting ‘‘, alien child, or alien parent 

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

11 (III) in clause (iii)— 

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

13 inserting ‘‘or legal permanent 

14 resident’’ after ‘‘citizen’’; and 

15 (bb) in subclause (II)(aa)— 

16 (AA) in subitems (AA) 

17 and (BB), by inserting ‘‘or 

18 legal permanent resident;’’ 

19 after ‘‘citizen’’ each place 

20 that term appears; 

21 (BB) in subitem (CC), 

22 by inserting ‘‘or legal per23 manent resident’’ after ‘‘cit24 izen’’ each place that term 

25 appears; and 


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1 (CC) in subitem 

2 (CC)(bbb), by inserting ‘‘or 

3 legal permanent resident’’ 

4 after ‘‘citizenship’’; 

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

6 ‘‘or legal permanent resident’’ after 

7 ‘‘citizen’’ each place that term ap8 pears; 

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

10 ‘‘or legal permanent resident’’ after 

11 ‘‘citizen’’; and 

12 (VI) in clause (vi)— 

13 (aa) by inserting ‘‘or legal 

14 permanent resident status’’ after 

15 ‘‘renunciation of citizenship’’; 

16 and 

17 (bb) by inserting ‘‘or legal 

18 permanent resident’’ after ‘‘abus19 er’s citizenship’’; 

20 (ii) by striking subparagraph (B); 

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

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

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

24 of subparagraph (A)’’; and 


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

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

3 (B)’’; 

4 (B) in subsection (a), by striking para5 graph (2); 

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

7 preference status’’; and 

8 (D) in subsection (h), by striking ‘‘or a pe9 tition filed under subsection (a)(1)(B)(ii)’’. 

10 SEC. 103. COUNTRY LIMITS. 

11 Section 202(a)(2) of the Immigration and Nationality 

12 Act (8 U.S.C. 1152(a)(2)) is amended by striking ‘‘7 per13 cent (in the case of a single foreign state) or 2 percent’’ 

14 and inserting ‘‘10 percent (in the case of a single foreign 

15 state) or 5 percent’’. 

16 SEC. 104. PROMOTING FAMILY UNITY. 

17 (a) ALIENS PREVIOUSLY REMOVED.—Section 

18 212(a)(9) of the Immigration and Nationality Act (8 

19 U.S.C. 1182(a)(9)) is amended— 

20 (1) in subparagraph (B)— 

21 (A) in clause (iii)— 

22 (i) in subclause (I), by striking ‘‘18 

23 years of age’’ and inserting ‘‘21 years of 

24 age’’; 


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1 (ii) by moving subclause (V) 4 ems to 

2 the right; and 

3 (iii) by adding at the end the fol4 lowing: 

5 ‘‘(VI) Clause (i) shall not apply 

6 to an alien for whom an immigrant 

7 visa is available or was available on or 

8 before the date of the enactment of 

9 the Reuniting Families Act, and is 

10 otherwise admissible to the United 

11 States for permanent residence.’’; and 

12 (B) in clause (v)— 

13 (i) by striking ‘‘spouse or son or 

14 daughter’’ and inserting ‘‘spouse, son, 

15 daughter, or parent’’; 

16 (ii) by striking ‘‘extreme’’; 

17 (iii) by inserting ‘‘, son, daughter, or’’ 

18 after ‘‘lawfully resident spouse’’; and 

19 (iv) by striking ‘‘alien.’’ and inserting 

20 ‘‘alien or, if the Secretary of Homeland Se21 curity determines that a waiver is nec22 essary for humanitarian purposes, to en23 sure family unity or is otherwise in the 

24 public interest.’’; and 


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1 (2) in subparagraph (C), by amending clause 

2 (ii) to read as follows: 

3 ‘‘(ii) EXCEPTIONS.—Clause (i) shall 

4 not apply to an alien— 

5 ‘‘(I) seeking admission more than 

6 10 years after the date of the alien’s 

7 last departure from the United States 

8 if, prior to the alien’s reembarkation 

9 at a place outside the United States 

10 or attempt to be readmitted from a 

11 foreign contiguous territory, the Sec12 retary of Homeland Security has con13 sented to the alien’s reapplication for 

14 admission; or 

15 ‘‘(II) for whom an immigrant 

16 visa is available or was available on or 

17 before the date of the enactment of 

18 the Reuniting Families Act, and is 

19 otherwise admissible to the United 

20 States for permanent residence.’’. 

21 (b) FALSE CLAIMS AND MISREPRESENTATIONS.— 

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

23 seq.) is amended— 


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1 (1) in section 237(a)(3)(D) (8 U.S.C. 

2 1227(a)(3)(D)), by inserting ‘‘and willfully’’ after 

3 ‘‘falsely’’ each place such term appears; 

4 (2) in section 212(a)(6)(C)(ii) (8 U.S.C. 

5 1182(a)(6)(C)(ii)), by inserting ‘‘and willfully’’ after 

6 ‘‘falsely’’ each place such term appears; 

7 (3) in section 212(a)(6)(C)(iii) (8 U.S.C. 

8 1182(a)(6)(C)(iii)), by striking ‘‘of clause (i)’’; and 

9 (4) by amending section 212(i)(1) (8 U.S.C. 

10 1182(i)(1)) to read as follows: 

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

12 Homeland Security may, in the discretion of the Attorney 

13 General or the Secretary, waive the application of sub14 section (a)(6)(C) in the case of an immigrant who is the 

15 parent, spouse, son, or daughter of a United States citizen 

16 or of an alien lawfully admitted for permanent residence, 

17 or an alien granted classification under clause (iii) or (iv) 

18 of section 204(a)(1)(A), if it is established to the satisfac19 tion of the Attorney General or the Secretary that the ad20 mission to the United States of such alien would not be 

21 contrary to the national welfare, safety, or security of the 

22 United States.’’. 

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

24 (a) IN GENERAL.— 


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1 (1) SPECIAL RULE FOR ORPHANS AND

2 SPOUSES.—In applying clauses (iii) and (iv) of sec3 tion 201(b)(2)(A) of the Immigration and Nation4 ality Act, as added by section 102(a) of this Act, to 

5 an alien whose citizen or lawful permanent resident 

6 relative died before the date of the enactment of this 

7 Act, the alien relative may file the classification peti8 tion under section 204(a)(1)(A)(ii) of such Act, as 

9 amended by section 102(c)(4)(A)(i)(II) of this Act, 

10 not later than 2 years after the date of the enact11 ment of this Act. 

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

13 excluded, deported, removed, or departed voluntarily 

14 before the date of the enactment of this Act based 

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

16 immediate relative (as defined in section 

17 201(b)(2)(A)(iv) of the Immigration and Nationality 

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

19 to the death of such citizen or resident— 

20 (A) such alien shall be eligible for parole 

21 into the United States pursuant to the Sec22 retary of Homeland Security’s discretionary au23 thority under section 212(d)(5) of such Act (8 

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


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1 (B) such alien’s application for adjustment 

2 of status shall be considered notwithstanding 

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

4 1182(a)(9)). 

5 (b) ADJUSTMENT OF STATUS.—Section 245 of the 

6 Immigration and Nationality Act (8 U.S.C. 1255) is 

7 amended by adding at the end the following: 

8 ‘‘(n) APPLICATION FOR ADJUSTMENT OF STATUS BY

9 SURVIVING SPOUSES, PARENTS, AND CHILDREN.— 

10 ‘‘(1) IN GENERAL.—An alien described in para11 graph (2) who applies for adjustment of status be12 fore the death of the qualifying relative may have 

13 such application adjudicated as if such death had 

14 not occurred. 

15 ‘‘(2) ALIEN DESCRIBED.—An alien described in 

16 this paragraph is an alien who— 

17 ‘‘(A) is an immediate relative (as described 

18 in section 201(b)(2)(A)); 

19 ‘‘(B) is a family-sponsored immigrant (as 

20 described in subsection (a) or (d) of section 

21 203); or 

22 ‘‘(C) is a derivative beneficiary of an em23 ployment-based immigrant under section 203(b) 

24 (as described in section 203(d)).’’. 

25 (c) TRANSITION PERIOD.— 


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1 (1) IN GENERAL.—Notwithstanding a denial of 

2 an application for adjustment of status for an alien 

3 whose qualifying relative died before the date of the 

4 enactment of this Act, such application may be re5 newed by the alien through a motion to reopen, 

6 without fee, if such motion is filed not later than 2 

7 years after such date of enactment. 

8 (2) ELIGIBILITY FOR PAROLE.—If an alien de9 scribed in section 245(n)(2) of the Immigration and 

10 Nationality Act, as added by subsection (b), was ex11 cluded, deported, removed, or departed voluntarily 

12 before the 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 the Immigra17 tion and Nationality Act (8 U.S.C. 1182(d)(5)); 

18 and 

19 (B) such alien’s application for adjustment 

20 of status shall be considered notwithstanding 

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

22 1182(a)(9)). 

23 (d) PROCESSING OF IMMIGRANT VISAS AND DERIVA24 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 or child of a ref5 ugee (as described in section 207(c)(2)) or 

6 an asylee (as described in section 

7 208(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 if such motion is filed not later than 2 years 

16 after such date of enactment. 

17 (B) INAPPLICABILITY OF BARS TO

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

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

20 1182(a)(9)), an alien’s application for an immi21 grant visa shall be considered if the alien was 

22 excluded, deported, removed, or departed volun23 tarily before the date of the enactment of this 

24 Act. 


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1 (e) NATURALIZATION.—Section 319(a) of the Immi2 gration and Nationality Act (8 U.S.C. 1430(a)) is amend3 ed by inserting ‘‘(or, if the spouse is deceased, the spouse 

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

5 United States’’. 

6 (f) WAIVERS OF INADMISSIBILITY.—Section 212 of 

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

8 amended— 

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

10 as subsection (u); and 

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

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

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

14 would have been statutorily eligible for any waiver of inad15 missibility under this Act but for the death of a qualifying 

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

17 if the death had not occurred and in place of any showing 

18 of hardship required with respect to the deceased quali19 fying relative, the alien may qualify by showing the re20 quired degree of hardship to him or herself or to any rel21 ative of the deceased relative.’’. 

22 (g) SURVIVING RELATIVE CONSIDERATION FOR CER23 TAIN PETITIONS AND APPLICATIONS.—Section 

24 204(l)(2)(D) of the Immigration and Nationality Act (8 

25 U.S.C. 1154(l)(2)(D)) is amended by inserting ‘‘, except 


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1 that for beneficiaries described in this subparagraph, pres2 ence in the United States shall not be required and those 

3 not so present shall be entitled to immigrant visas notwith4 standing the death of the qualifying relative’’ before the 

5 semicolon. 

6 SEC. 106. EXEMPTION FROM IMMIGRANT VISA LIMIT FOR 

7 CERTAIN VETERANS WHO ARE NATIVES OF 

8 PHILIPPINES. 

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

10 ‘‘Filipino Veterans Family Reunification Act’’. 

11 (b) ALIENS NOT SUBJECT TO DIRECT NUMERICAL

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

13 Nationality Act (8 U.S.C. 1151(b)(1)) is amended by add14 ing at the end the following: 

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

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

17 and who have a parent who was naturalized pursu18 ant to section 405 of the Immigration Act of 1990 

19 (8 U.S.C. 1440 note).’’. 

20 SEC. 107. FIANCE ́ E CHILD STATUS PROTECTION. 

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

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

23 1101(a)(15)(K)(iii)) is amended by inserting ‘‘, provided 

24 that a determination of the age of such minor child is 

25 made using the age of the alien on the date on which the 


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1 petition is filed with the Secretary of Homeland Security 

2 to classify the alien’s parent as the fiance ́e or fiance ́ of 

3 a United States citizen (in the case of an alien parent de4 scribed in clause (i)) or as the spouse of a United States 

5 citizen under section 201(b)(2)(A)(i) (in the case of an 

6 alien parent described in clause (ii));’’ before the semicolon 

7 at the end. 

8 (b) ADJUSTMENT OF STATUS AUTHORIZED.—Section 

9 214(d) of the Immigration and Nationality Act (8 U.S.C. 

10 1184(d)(1)) is amended— 

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

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

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

14 and inserting the following: 

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

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

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

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

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

20 the United States, they shall be removed in accordance 

21 with sections 240 and 241. 

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

23 alien marries the petitioner described in section 

24 101(a)(15)(K)(i) within 3 months after the alien is admit25 ted into the United States, the Secretary of Homeland SeVerDate Mar 15 2010 05:45 May 10, 2011 Jkt 099200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H1796.IH H1796

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1 curity or the Attorney General, subject to the provisions 

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

3 any minor children accompanying or following to join the 

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

5 residence on a conditional basis under section 216 if the 

6 alien and any such minor children apply for such adjust7 ment and are not determined to be inadmissible to the 

8 United States. 

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

10 shall not apply to an alien who is eligible to apply for ad11 justment of his or her status to an alien lawfully admitted 

12 for permanent residence under this section. 

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

14 as otherwise authorized under this Act shall be permitted 

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

16 an alien lawfully admitted for permanent residence under 

17 this section.’’. 

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

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

20 amended— 

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

22 General’’; and 

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

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

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


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

2 alien lawfully admitted for permanent residence on a con3 ditional basis under section 216, using the age of the alien 

4 on the date on which the petition is filed with the Sec5 retary of Homeland Security to classify the alien’s parent 

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

7 case of an alien parent admitted to the United States 

8 under section 101(a)(15)(K)(i)) or as the spouse of a 

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

10 case of an alien parent admitted to the United States 

11 under section 101(a)(15)(K)(ii)).’’. 

12 (d) EFFECTIVE DATE.— 

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

14 this section shall be effective as if included in the 

15 Immigration Marriage Fraud Amendments of 1986 

16 (Public Law 99–639). 

17 (2) APPLICABILITY.—The amendments made 

18 by this section shall apply to all petitions or applica19 tions described in such amendments that— 

20 (A) are pending as of the date of the en21 actment of this Act; or 

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

23 approved if such amendments had been in effect 

24 at the time of adjudication of the petition or 

25 application. 


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

2 motion to reopen or reconsider a petition or applica3 tion described in paragraph (2)(B) shall be granted 

4 if such motion is filed with the Secretary of Home5 land Security or the Attorney General not later than 

6 2 years after the date of the enactment of this Act. 

7 SEC. 108. EQUAL TREATMENT FOR ALL STEPCHILDREN. 

8 Section 101(b)(1)(B) of the Immigration and Nation9 ality Act (8 U.S.C. 1101(b)(1)(B)) is amended by striking 

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

11 years at the time the marriage creating the status of step12 child occurred’’. 

13 SEC. 109. RETENTION OF PRIORITY DATES. 

14 Section 203 of the Immigration and Nationality Act 

15 (8 U.S.C. 1153) is amended— 

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

17 follows: 

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

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

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

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

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

23 priority date for such petition shall be the original 

24 priority date issued upon receipt of the original 


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1 family- or employment-based petition for which ei2 ther parent was a beneficiary.’’; and 

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

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

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

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

7 Homeland Security (or the Secretary of State, if applica8 ble), unless the filing of the petition was preceded by the 

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

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

11 The beneficiary of any petition shall retain his or her ear12 liest priority date based on any petition filed on his or 

13 her behalf that was approvable when filed, regardless of 

14 the category of subsequent petitions.’’. 

15 TITLE II—UNITING AMERICAN 

16 FAMILIES ACT 

17 SEC. 201. DEFINITIONS OF PERMANENT PARTNER AND 

18 PERMANENT PARTNERSHIP. 

19 Section 101(a) of the Immigration and Nationality 

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

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

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

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

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

25 individual 18 years of age or older who— 


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1 ‘‘(A) is in a committed, intimate relation2 ship with another individual 18 years of age or 

3 older in which both parties intend a lifelong 

4 commitment; 

5 ‘‘(B) is financially interdependent with 

6 that other individual; 

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. WORLDWIDE LEVEL OF IMMIGRATION. 

21 Section 201(b)(2)(A)(i) of the Immigration and Na22 tionality Act (8 U.S.C. 1151(b)(2)(A)(i)) is amended— 

23 (1) by inserting ‘‘permanent partners,’’ after 

24 ‘‘spouses,’’; 


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

2 ‘‘spouse’’ each place it appears; 

3 (3) by inserting ‘‘(or, in the case of a perma4 nent partnership, whose permanent partnership was 

5 not terminated)’’ after ‘‘was not legally separated 

6 from the citizen’’; and 

7 (4) by striking ‘‘remarries.’’ and inserting ‘‘re8 marries or enters a permanent partnership with an9 other person.’’. 

10 SEC. 204. NUMERICAL LIMITATIONS ON INDIVIDUAL FOR11 EIGN STATES. 

12 (a) PER COUNTRY LEVELS.—Section 202(a)(4) of 

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

14 1152(a)(4)) is amended— 

15 (1) in the heading, by inserting ‘‘, PERMANENT

16 PARTNERS,’’ after ‘‘SPOUSES’’; 

17 (2) in the heading of subparagraph (A), by in18 serting ‘‘, PERMANENT PARTNERS,’’ after 

19 ‘‘SPOUSES’’; and 

20 (3) in the heading of subparagraph (C), by 

21 striking ‘‘AND DAUGHTERS’’ inserting ‘‘WITHOUT

22 PERMANENT PARTNERS AND UNMARRIED DAUGH23 TERS WITHOUT PERMANENT PARTNERS’’. 

24 (b) RULES FOR CHARGEABILITY.—Section 202(b)(2) 

25 of such Act (8 U.S.C. 1152(b)(2)) is amended— 


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

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

3 (2) by inserting ‘‘or permanent partners’’ after 

4 ‘‘husband and wife’’. 

5 SEC. 205. ALLOCATION OF IMMIGRANT VISAS. 

6 (a) PREFERENCE ALLOCATION FOR FAMILY MEM7 BERS OF PERMANENT RESIDENT ALIENS.—Section 

8 203(a)(2) of the Immigration and Nationality Act (8 

9 U.S.C. 1153(a)(2)) is amended— 

10 (1) in the heading— 

11 (A) by striking ‘‘AND’’ after ‘‘SPOUSES’’ 

12 and inserting ‘‘, PERMANENT PARTNERS,’’; and 

13 (B) by inserting ‘‘WITHOUT PERMANENT

14 PARTNERS’’ after ‘‘SONS’’ and after ‘‘DAUGH15 TERS’’; 

16 (2) in subparagraph (A), by inserting ‘‘, perma17 nent partners,’’ after ‘‘spouses’’; and 

18 (3) in subparagraph (B), by inserting ‘‘without 

19 permanent partners’’ after ‘‘sons’’ and after ‘‘daugh20 ters’’. 

21 (b) PREFERENCE ALLOCATION FOR SONS AND

22 DAUGHTERS OF CITIZENS.—Section 203(a)(3) of such 

23 Act (8 U.S.C. 1153(a)(3)) is 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 (c) 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 (d) 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. 206. 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. 207. 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. 208. 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’’; 

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. 209. 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. 210. 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. 211. 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. 212. 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. 213. 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 paragraph (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. 214. 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. 215. 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’’; 

4 (3) by adding at the end of paragraph (1) the 

5 following new subparagraph: 

6 ‘‘(I) PERMANENT PARTNERSHIP FRAUD.— 

7 An alien shall be considered to be deportable as 

8 having procured a visa or other documentation 

9 by fraud (within the meaning of section 

10 212(a)(6)(C)(i)) and to be in the United States 

11 in violation of this Act (within the meaning of 

12 subparagraph (B)) if— 

13 ‘‘(i) the alien obtains any admission to 

14 the United States with an immigrant visa 

15 or other documentation procured on the 

16 basis of a permanent partnership entered 

17 into less than 2 years prior to such admis18 sion and which, within 2 years subsequent 

19 to such admission, is terminated because 

20 the criteria for permanent partnership are 

21 no longer fulfilled, unless the alien estab22 lishes to the satisfaction of the Secretary 

23 of Homeland Security that such permanent 

24 partnership was not contracted for the 


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1 purpose of evading any provisions of the 

2 immigration laws; or 

3 ‘‘(ii) it appears to the satisfaction of 

4 the Secretary of Homeland Security that 

5 the alien has failed or refused to fulfill the 

6 alien’s permanent partnership which in the 

7 opinion of the Secretary of Homeland Se8 curity was made for the purpose of pro9 curing the alien’s admission as an immi10 grant.’’; and 

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

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

13 each place it appears. 

14 SEC. 216. REMOVAL PROCEEDINGS. 

15 Section 240 of the Immigration and Nationality Act 

16 (8 U.S.C. 1229a) is amended— 

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

18 by inserting ‘‘PERMANENT PARTNERS,’’ after 

19 ‘‘SPOUSES,’’; and 

20 (2) in subsection (e)(1), by inserting ‘‘or per21 manent partner’’ after ‘‘spouse’’. 

22 SEC. 217. CANCELLATION OF REMOVAL; ADJUSTMENT OF 

23 STATUS. 

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

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


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1 (1) in paragraph (1)(D), by inserting ‘‘or per2 manent partner’’ after ‘‘spouse’’; 

3 (2) in the heading for paragraph (2), by insert4 ing ‘‘, PERMANENT PARTNER,’’ after ‘‘SPOUSE’’; and 

5 (3) in paragraph (2)(A), by inserting ‘‘, perma6 nent partner,’’ after ‘‘spouse’’ each place it appears. 

7 SEC. 218. ADJUSTMENT OF STATUS OF NONIMMIGRANT TO 

8 THAT OF PERSON ADMITTED FOR PERMA9 NENT RESIDENCE. 

10 (a) PROHIBITION ON ADJUSTMENT OF STATUS.— 

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

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

13 partnership’’ after ‘‘marriage’’. 

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

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

16 (1) in paragraph (1), by inserting ‘‘or perma17 nent partnership’’ after ‘‘marriage’’; and 

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

19 paragraph: 

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

21 apply with respect to a permanent partnership if the alien 

22 establishes by clear and convincing evidence to the satis23 faction of the Secretary of Homeland Security that the 

24 permanent partnership was entered into in good faith and 

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


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1 partnership was not entered into for the purpose of pro2 curing the alien’s admission as an immigrant and no fee 

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

4 consideration to an attorney for assistance in preparation 

5 of a lawful petition) for the filing of a petition under sec6 tion 204(a) or 214(d) with respect to the alien permanent 

7 partner. In accordance with regulations, there shall be 

8 only one level of administrative appellate review for each 

9 alien under the previous sentence.’’. 

10 (c) ADJUSTMENT OF STATUS FOR CERTAIN ALIENS

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

12 1255(i)(1)) is amended by inserting ‘‘or permanent part13 ner’’ after ‘‘spouse’’ each place it appears. 

14 (d) ADJUSTMENT OF STATUS FOR CERTAIN ALIEN

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

16 1255(j)) is amended— 

17 (1) in paragraph (1)— 

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

19 after ‘‘spouse’’; and 

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

21 and without permanent partners,’’ after 

22 ‘‘daughters,’’; and 

23 (2) in paragraph (2)— 

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

25 after ‘‘spouse’’; and 


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

2 and without permanent partners,’’ after 

3 ‘‘daughters,’’. 

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

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

6 ‘‘spouse,’’. 

7 SEC. 219. APPLICATION OF CRIMINAL PENALTIES FOR MIS8 REPRESENTATION AND CONCEALMENT OF 

9 FACTS REGARDING PERMANENT PARTNER10 SHIPS. 

11 Section 275(c) of the Immigration and Nationality 

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

13 ‘‘(c) Any individual who knowingly enters into a mar14 riage or permanent partnership for the purpose of evading 

15 any provision of the immigration laws shall be imprisoned 

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

17 $250,000, or both.’’. 

18 SEC. 220. REQUIREMENTS AS TO RESIDENCE, GOOD MORAL 

19 CHARACTER, ATTACHMENT TO THE PRIN20 CIPLES OF THE CONSTITUTION. 

21 Section 316(b) of the Immigration and Nationality 

22 Act (8 U.S.C. 1427(b)) is amended by inserting ‘‘or per23 manent partner’’ after ‘‘spouse’’. 


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1 SEC. 221. NATURALIZATION FOR PERMANENT PARTNERS 

2 OF CITIZENS. 

3 Section 319 of the Immigration and Nationality Act 

4 (8 U.S.C. 1430) is amended— 

5 (1) in subsection (a), by inserting ‘‘or perma6 nent partner’’ after ‘‘spouse’’ each place it appears; 

7 (2) in subsection (a), by inserting ‘‘or perma8 nent partnership’’ after ‘‘marital union’’; 

9 (3) in subsection (b)(1), by inserting ‘‘or per10 manent partner’’ after ‘‘spouse’’; 

11 (4) in subsection (b)(3), by inserting ‘‘or per12 manent partner’’ after ‘‘spouse’’; 

13 (5) in subsection (d)— 

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

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

16 (B) by inserting ‘‘or permanent partner17 ship’’ after ‘‘marital union’’; 

18 (6) in subsection (e)(1)— 

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

20 after ‘‘spouse’’; and 

21 (B) by inserting ‘‘or permanent partner22 ship’’ after ‘‘marital union’’; and 

23 (7) in subsection (e)(2), by inserting ‘‘or per24 manent partner’’ after ‘‘spouse’’. 


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1 SEC. 222. APPLICATION OF FAMILY UNITY PROVISIONS TO 

2 PERMANENT PARTNERS OF CERTAIN LIFE 

3 ACT BENEFICIARIES. 

4 Section 1504 of the LIFE Act (division B of the Mis5 cellaneous Appropriations Act, 2001, as enacted into law 

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

7 (1) in the heading, by inserting ‘‘, PERMA8 NENT PARTNERS,’’ after ‘‘SPOUSES’’; 

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

10 partner,’’ after ‘‘spouse’’; and 

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

12 (A) in the subsection headings, by insert13 ing ‘‘, PERMANENT PARTNERS,’’ after 

14 ‘‘SPOUSES’’; and 

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

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

17 SEC. 223. APPLICATION TO CUBAN ADJUSTMENT ACT. 

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

19 89–732 (November 2, 1966; 8 U.S.C. 1255 note) is 

20 amended— 

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

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

23 places it appears; and 

24 (2) in the last sentence, by inserting ‘‘, perma25 nent partners,’’ after ‘‘spouses’’. 

26 (b) CONFORMING AMENDMENTS.— 


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1 (1) IMMIGRATION AND NATIONALITY ACT.—Sec2 tion 101(a)(51)(D) of the Immigration and Nation3 ality Act (8 U.S.C. 1101(a)(51)(D)) is amended by 

4 striking ‘‘or spouse’’ and inserting ‘‘, spouse, or per5 manent partner’’. 

6 (2) VIOLENCE AGAINST WOMEN ACT.—Section 

7 1506(c)(2)(A)(I)(IV) of the Violence Against Women 

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

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

10 spouse’’ and inserting ‘‘, spouse, or permanent part11 ner’’. 

Æ 


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