I 

114TH CONGRESS 

2D SESSION H. R. 4798 

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

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 17, 2016 

Mr. HONDA (for himself, Mr. BECERRA, Mr. BLUMENAUER, Ms. BORDALLO, 

Mr. BRADY of Pennsylvania, Mrs. CAPPS, Mr. CA ́RDENAS, Mr. CARTWRIGHT, Ms. CASTOR of Florida, Ms. JUDY CHU of California, Mr. 

CICILLINE, Ms. CLARKE of New York, Mr. CONNOLLY, Mr. CONYERS, 

Mr. DEUTCH, Mr. ELLISON, Ms. ESHOO, Mr. FARR, Ms. GABBARD, Mr. 

AL GREEN of Texas, Mr. GRIJALVA, Mr. GUTIE ́RREZ, Mr. HASTINGS, 

Mr. HUFFMAN, Mr. ISRAEL, Ms. JACKSON LEE, Mr. JOHNSON of Georgia, Mr. LANGEVIN, Ms. LEE, Ms. LOFGREN, Mr. LOWENTHAL, Mrs. 

CAROLYN B. MALONEY of New York, Mr. MCDERMOTT, Mr. MCGOVERN, 

Ms. MENG, Ms. MOORE, Mr. NADLER, Mrs. NAPOLITANO, Ms. NORTON, 

Ms. PELOSI, Ms. PINGREE, Mr. POCAN, Mr. QUIGLEY, Mr. RANGEL, Mr. 

SABLAN, Ms. SCHAKOWSKY, Mr. SERRANO, Mr. SIRES, Ms. SPEIER, Mr. 

SWALWELL of California, Mr. TAKANO, Mr. TONKO, Ms. TSONGAS, Mr. 

VARGAS, Mr. VEASEY, Ms. WASSERMAN SCHULTZ, Mr. WELCH, Mr. 

GALLEGO, Ms. ROYBAL-ALLARD, Ms. VELA ́ZQUEZ, Mr. BISHOP of Georgia, Ms. BROWN of Florida, Mr. CUMMINGS, Mr. JEFFRIES, Mr. MEEKS, 

Mr. SCOTT of Virginia, Mr. TED LIEU of California, Ms. MATSUI, Mr. 

TAKAI, Ms. BONAMICI, Ms. CLARK of Massachusetts, Mr. GRAYSON, Mr. 

PETERS, Mr. CROWLEY, and Mr. SMITH of Washington) 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, permanent partners, and minor children 

of legal permanent residents as immediate relatives. 

Sec. 103. Country limits. 

Sec. 104. Promoting family unity. 

Sec. 105. Relief for orphans, widows, and widowers. 

Sec. 106. Exemption from immigrant visa limit for certain veterans who are natives of 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. Numerical limitations on individual foreign states. 

Sec. 204. Allocation of immigrant visas. 

Sec. 205. Procedure for granting immigrant status. 

Sec. 206. Annual admission of refugees and admission of emergency situation 

refugees. 

Sec. 207. Asylum. 

Sec. 208. Adjustment of status of refugees. 

Sec. 209. Inadmissible aliens. 

Sec. 210. Nonimmigrant status for permanent partners awaiting the availability 

of an immigrant visa. 

Sec. 211. Derivative status for permanent partners of nonimmigrant visa holders. 

Sec. 212. Conditional permanent resident status for certain alien spouses, permanent partners, and sons and daughters. 

Sec. 213. Conditional permanent resident status for certain alien entrepreneurs, 

spouses, permanent partners, and children. 

Sec. 214. Deportable aliens. 

Sec. 215. Removal proceedings. 

Sec. 216. Cancellation of removal; adjustment of status. 


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Sec. 217. Adjustment of status of nonimmigrant to that of person admitted for 

permanent residence. 

Sec. 218. Application of criminal penalties for misrepresentation and concealment of facts regarding permanent partnerships. 

Sec. 219. Requirements as to residence, good moral character, attachment to 

the principles of the Constitution. 

Sec. 220. Naturalization for permanent partners of citizens. 

Sec. 221. Application of family unity provisions to permanent partners of certain LIFE Act beneficiaries. 

Sec. 222. Application to Cuban Adjustment Act. 

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). 


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1 ‘‘(2) UNUSED VISA NUMBERS FROM PREVIOUS

2 FISCAL YEAR.—The number computed under this 

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

4 between— 

5 ‘‘(A) the worldwide level of family-spon6 sored immigrant visas established for the pre7 vious fiscal year; and 

8 ‘‘(B) the number of visas issued under sec9 tion 203(a), subject to this subsection, during 

10 the previous fiscal year. 

11 ‘‘(3) UNUSED VISA NUMBERS FROM FISCAL

12 YEARS 1992 THROUGH 2015.—The number computed 

13 under this paragraph is the difference, if any, be14 tween— 

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

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

17 family-sponsored immigrant visas estab18 lished for fiscal years 1992 through 2015; 

19 and 

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

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

22 during such fiscal years; and 

23 ‘‘(B) the number of unused visas from fis24 cal years 1992 through 2015 that were issued 


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1 after fiscal year 2015 under section 203(a), 

2 subject to this subsection.’’. 

3 (b) WORLDWIDE LEVEL OF EMPLOYMENT-BASED

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

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

6 as follows: 

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

8 IMMIGRANTS.— 

9 ‘‘(1) IN GENERAL.—The worldwide level of em10 ployment-based immigrants under this subsection for 

11 a fiscal year is equal to the sum of— 

12 ‘‘(A) 140,000; 

13 ‘‘(B) the number computed under para14 graph (2); and 

15 ‘‘(C) the number computed under para16 graph (3). 

17 ‘‘(2) UNUSED VISA NUMBERS FROM PREVIOUS

18 FISCAL YEAR.—The number computed under this 

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

20 between— 

21 ‘‘(A) the worldwide level of employment22 based immigrant visas established for the pre23 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 2015.—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 2015; 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 2015 that were issued 

18 after fiscal year 2015 under section 203(b), 

19 subject to this subsection.’’. 

20 (c) ALIENS NOT SUBJECT TO DIRECT NUMERICAL

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

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

23 at the end the following: 

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

25 derivative beneficiaries) of approved immigrant petiVerDate Sep 11 2014 00:17 Mar 19, 2016 Jkt 059200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H4798.IH H4798

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1 tions bearing priority dates more than ten years 

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

3 immigrant or adjustment of status. 

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

5 spouse, permanent partner, or parent is entitled to 

6 an immigrant status under 203(b).’’. 

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

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

9 after the date of the enactment of this Act. 

10 SEC. 102. RECLASSIFICATION OF SPOUSES, PERMANENT 

11 PARTNERS, AND MINOR CHILDREN OF LEGAL 

12 PERMANENT RESIDENTS AS IMMEDIATE REL13 ATIVES. 

14 (a) IN GENERAL.—Section 201(b)(2) of the Immi15 gration and Nationality Act (8 U.S.C. 1151(b)(2)) is 

16 amended to read as follows: 

17 ‘‘(2) IMMEDIATE RELATIVE.— 

18 ‘‘(A) IN GENERAL.— 

19 ‘‘(i) IMMEDIATE RELATIVE DE20 FINED.—In this subparagraph, the term 

21 ‘immediate relative’ means a child, spouse, 

22 permanent partner, or parent of a citizen 

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

24 permanent partner of a lawful permanent 

25 resident (and for each family member of a 


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1 citizen or lawful permanent resident under 

2 this subparagraph, such individual’s 

3 spouse, permanent partner, or child who is 

4 accompanying or following to join the indi5 vidual), except that, in the case of parents, 

6 such citizens shall be at least 21 years of 

7 age. 

8 ‘‘(ii) PREVIOUSLY ISSUED VISA.— 

9 Aliens admitted under section 211(a) on 

10 the basis of a prior issuance of a visa 

11 under section 203(a) to their accom12 panying parent who is an immediate rel13 ative. 

14 ‘‘(iii) PARENTS AND CHILDREN.—An 

15 alien who was the child or parent of a cit16 izen of the United States or a child of a 

17 lawful permanent resident at the time of 

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

19 files a petition under 204(a)(1)(A)(ii) with20 in 2 years after such date or prior to 

21 reaching 21 years of age. 

22 ‘‘(iv) SPOUSE OR PERMANENT PART23 NER.—An alien who was the spouse or per24 manent partner of a citizen of the United 

25 States or lawful permanent resident for 


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1 not less than 2 years at the time of the 

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

3 for less than 2 years at the time of the 

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

5 preponderance of the evidence that the 

6 marriage or permanent partnership was 

7 entered into in good faith and not solely 

8 for the purpose of obtaining an immigra9 tion benefit and was not legally separated 

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

11 of a permanent partnership, whose perma12 nent partnership was not terminated) at 

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

14 death, and each child of such alien, shall 

15 be considered, for purposes of this sub16 section, an immediate relative after the 

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

18 the spouse or permanent partner files a pe19 tition under section 204(a)(1)(A)(ii) before 

20 the date on which the spouse or permanent 

21 partner remarries or enters a permanent 

22 partnership with another person. 

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

24 this subparagraph, an alien who has filed 

25 a petition under clause (iii) or (iv) of secVerDate Sep 11 2014 00:17 Mar 19, 2016 Jkt 059200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H4798.IH H4798

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1 tion 204(a)(1)(A) remains an immediate 

2 relative if the United States citizen or law3 ful permanent resident spouse, permanent 

4 partner, or parent loses United States citi5 zenship or residence on account of the 

6 abuse. 

7 ‘‘(B) BIRTH DURING TEMPORARY VISIT

8 ABROAD.—Aliens born to an alien lawfully ad9 mitted for permanent residence during a tem10 porary visit abroad.’’. 

11 (b) ALLOCATION OF IMMIGRANT VISAS.—Section 

12 203(a) of the Immigration and Nationality Act (8 U.S.C. 

13 1153(a)) is amended— 

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

15 inserting ‘‘127,200’’; 

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

17 following: 

18 ‘‘(2) UNMARRIED SONS WITHOUT PERMANENT

19 PARTNERS AND UNMARRIED DAUGHTERS WITHOUT

20 PERMANENT PARTNERS OF PERMANENT RESIDENT

21 ALIENS.—Qualified immigrants who are the unmar22 ried sons without permanent partners or unmarried 

23 daughters without permanent partners (but are not 

24 the children) of an alien lawfully admitted for per25 manent residence shall be allocated visas in a numVerDate Sep 11 2014 00:17 Mar 19, 2016 Jkt 059200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H4798.IH H4798

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1 ber not to exceed 80,640, plus any visas not required 

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

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

4 inserting ‘‘80,640’’; and 

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

6 inserting ‘‘191,520’’. 

7 (c) TECHNICAL AND CONFORMING AMENDMENTS.— 

8 (1) RULES FOR DETERMINING WHETHER CER9 TAIN ALIENS ARE IMMEDIATE RELATIVES.—Section 

10 201(f) of the Immigration and Nationality Act (8 

11 U.S.C. 1151(f)) is amended— 

12 (A) in paragraph (1), by striking ‘‘para13 graphs (2) and (3),’’ and inserting ‘‘paragraph 

14 (2),’’; 

15 (B) by striking paragraph (2); 

16 (C) by redesignating paragraphs (3) and 

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

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

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

20 and inserting ‘‘and (2)’’. 

21 (2) NUMERICAL LIMITATION TO ANY SINGLE

22 FOREIGN STATE.—Section 202 of the Immigration 

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

24 (A) in subsection (a)(4)— 


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1 (i) by striking subparagraphs (A) and 

2 (B); 

3 (ii) by redesignating subparagraphs 

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

5 (B), respectively; and 

6 (iii) in subparagraph (A), as redesig7 nated by clause (ii), by striking ‘‘section 

8 203(a)(2)(B)’’ and inserting ‘‘section 

9 203(a)(2)’’; and 

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

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

12 limiting the number of visas that may be issued 

13 under section 203(a)(2)(A) pursuant to sub14 section (a)(4)(A)’’. 

15 (3) ALLOCATION OF IMMIGRATION VISAS.—Sec16 tion 203(h) of the Immigration and Nationality Act 

17 (8 U.S.C. 1153(h)) is amended— 

18 (A) in paragraph (1)— 

19 (i) in the matter preceding subpara20 graph (A), by striking ‘‘subsections 

21 (a)(2)(A) and (d)’’ and inserting ‘‘sub22 section (d)’’; 

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

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

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


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1 which an immigrant visa number became 

2 available for the alien’s parent),’’ and in3 serting ‘‘became available for the alien’s 

4 parent,’’; and 

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

6 ‘‘applicable’’; 

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

8 follows: 

9 ‘‘(2) PETITIONS DESCRIBED.—The petition de10 scribed in this paragraph is a petition filed under 

11 section 204 for classification of the alien’s parent 

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

13 (C) in paragraph (3), by striking ‘‘sub14 sections (a)(2)(A) and (d)’’ and inserting ‘‘sub15 section (d)’’. 

16 (4) PROCEDURE FOR GRANTING IMMIGRANT

17 STATUS.—Section 204 of the Immigration and Na18 tionality Act (8 U.S.C. 1154) is amended— 

19 (A) in subsection (a)(1)— 

20 (i) in subparagraph (A)— 

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

22 lawful permanent resident’’ after ‘‘cit23 izen’’; 

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

25 ‘‘described in the second sentence of 


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1 section 201(b)(2)(A)(i) also’’ and in2 serting ‘‘, alien child, or alien parent 

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

4 (III) in clause (iii)— 

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

6 inserting ‘‘or legal permanent 

7 resident’’ after ‘‘citizen’’; and 

8 (bb) in subclause (II)(aa)— 

9 (AA) in subitems (AA) 

10 and (BB), by inserting ‘‘or 

11 legal permanent resident;’’ 

12 after ‘‘citizen’’ each place 

13 that term appears; 

14 (BB) in subitem (CC), 

15 by inserting ‘‘or legal per16 manent resident’’ after ‘‘cit17 izen’’ each place that term 

18 appears; and 

19 (CC) in subitem 

20 (CC)(bbb), by inserting ‘‘or 

21 legal permanent resident’’ 

22 after ‘‘citizenship’’; 

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

24 ‘‘or legal permanent resident’’ after 


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1 ‘‘citizen’’ each place that term ap2 pears; 

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

4 ‘‘or legal permanent resident’’ after 

5 ‘‘citizen’’; and 

6 (VI) in clause (vi)— 

7 (aa) by inserting ‘‘or legal 

8 permanent resident status’’ after 

9 ‘‘renunciation of citizenship’’; 

10 and 

11 (bb) by inserting ‘‘or legal 

12 permanent resident’’ after ‘‘abus13 er’s citizenship’’; 

14 (ii) by striking subparagraph (B); 

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

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

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

18 of subparagraph (A)’’; and 

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

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

21 (B)’’; 

22 (B) in subsection (a), by striking para23 graph (2); 

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

25 preference status’’; and 


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1 (D) in subsection (h), by striking ‘‘or a pe2 tition filed under subsection (a)(1)(B)(ii)’’. 

3 SEC. 103. COUNTRY LIMITS. 

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

5 Act (8 U.S.C. 1152(a)(2)) is amended by striking ‘‘7 per6 cent (in the case of a single foreign state) or 2 percent’’ 

7 and inserting ‘‘15 percent (in the case of a single foreign 

8 state) or 5 percent’’. 

9 SEC. 104. PROMOTING FAMILY UNITY. 

10 (a) ALIENS PREVIOUSLY REMOVED.—Section 

11 212(a)(9) of the Immigration and Nationality Act (8 

12 U.S.C. 1182(a)(9)) is amended— 

13 (1) in subparagraph (B)— 

14 (A) in clause (iii)— 

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

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

17 age’’; 

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

19 the right; and 

20 (iii) by adding at the end the fol21 lowing: 

22 ‘‘(VI) Clause (i) shall not apply 

23 to an alien for whom an immigrant 

24 visa is available or was available on or 

25 before the date of the enactment of 


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1 the Reuniting Families Act, and is 

2 otherwise admissible to the United 

3 States for permanent residence.’’; and 

4 (B) in clause (v)— 

5 (i) by striking ‘‘spouse or son or 

6 daughter’’ and inserting ‘‘spouse, perma7 nent partner, son, daughter, or parent’’; 

8 (ii) by striking ‘‘extreme’’; 

9 (iii) by inserting ‘‘permanent partner, 

10 son, daughter, or’’ after ‘‘lawfully resident 

11 spouse’’; and 

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

13 ‘‘alien or, if the Secretary of Homeland Se14 curity determines that a waiver is nec15 essary for humanitarian purposes, to en16 sure family unity or is otherwise in the 

17 public interest.’’; and 

18 (2) in subparagraph (C)— 

19 (A) by amending clause (ii) to read as fol20 lows: 

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

22 not apply to an alien— 

23 ‘‘(I) seeking admission more than 

24 10 years after the date of the alien’s 

25 last departure from the United States 


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1 if, prior to the alien’s reembarkation 

2 at a place outside the United States 

3 or attempt to be readmitted from a 

4 foreign contiguous territory, the Sec5 retary of Homeland Security has con6 sented to the alien’s reapplication for 

7 admission; or 

8 ‘‘(II) for whom an immigrant 

9 visa is available or was available on or 

10 before the date of the enactment of 

11 the Reuniting Families Act.’’; 

12 (B) by redesignating clause (iii) as clause 

13 (iv); and 

14 (C) by inserting after clause (ii) the fol15 lowing: 

16 ‘‘(iii) For purposes of determining 

17 whether an alien has accumulated an ag18 gregate period of more than 1 year of un19 lawful presence under clause (i), the same 

20 rules of unlawful presence construction 

21 under section 212(a)(9)(B)(ii) and the ex22 ceptions under section 212(a)(9)(B)(iii) 

23 shall apply.’’. 

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

10 (a) IN GENERAL.— 

11 (1) SPECIAL RULE FOR ORPHANS, SPOUSES, 

12 AND PERMANENT PARTNERS.—In applying clauses 

13 (iii) and (iv) of section 201(b)(2)(A) of the Immigra14 tion and Nationality Act, as added by section 102(a) 

15 of this Act, to an alien whose citizen or lawful per16 manent resident relative died before the date of the 

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

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

19 of such Act, as amended by section 

20 102(c)(4)(A)(i)(II) of this Act, not later than 2 

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

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

23 excluded, deported, removed, or departed voluntarily 

24 before the date of the enactment of this Act based 

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


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1 immediate relative (as defined in section 

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

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

4 to the death of such citizen or resident— 

5 (A) such alien shall be eligible for parole 

6 into the United States pursuant to the Sec7 retary of Homeland Security’s discretionary au8 thority under section 212(d)(5) of such Act (8 

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

10 (B) such alien’s application for adjustment 

11 of status shall be considered notwithstanding 

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

13 1182(a)(9)). 

14 (3) ELIGIBILITY FOR PAROLE.—If an alien de15 scribed in section 204(l) of the Immigration and Na16 tionality Act (8 U.S.C. 1154(l)), was excluded, de17 ported, removed, or departed voluntarily before the 

18 date of the enactment of this Act— 

19 (A) such alien shall be eligible for parole 

20 into the United States pursuant to the Sec21 retary of Homeland Security’s discretionary au22 thority under section 212(d)(5) of such Act (8 

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

24 (B) such alien’s application for adjustment 

25 of status shall be considered notwithstanding 


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

2 1182(a)(9)). 

3 (b) PROCESSING OF IMMIGRANT VISAS AND DERIVA4 TIVE PETITIONS.— 

5 (1) IN GENERAL.—Section 204(b) of the Immi6 gration and Nationality Act (8 U.S.C. 1154(b)) is 

7 amended— 

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

9 and inserting the following: 

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

11 and 

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

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

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

15 subparagraph (B) whose qualifying relative died 

16 before the completion of immigrant visa proc17 essing may have an immigrant visa application 

18 adjudicated as if such death had not occurred. 

19 An immigrant visa issued before the death of 

20 the qualifying relative shall remain valid after 

21 such death. 

22 ‘‘(B) ALIEN DESCRIBED.—An alien de23 scribed in this subparagraph is an alien who— 

24 ‘‘(i) is an immediate relative (as de25 scribed in section 201(b)(2)(A)); 


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

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

3 section 203); 

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

5 employment-based immigrant under section 

6 203(b) (as described in section 203(d)); or 

7 ‘‘(iv) is the spouse, permanent part8 ner, or child of a refugee (as described in 

9 section 207(c)(2)) or an asylee (as de10 scribed in section 208(b)(3)).’’. 

11 (2) TRANSITION PERIOD.— 

12 (A) IN GENERAL.—Notwithstanding a de13 nial or revocation of an application for an immi14 grant visa for an alien whose qualifying relative 

15 died before the date of the enactment of this 

16 Act, such application may be renewed by the 

17 alien through a motion to reopen, without fee. 

18 (B) INAPPLICABILITY OF BARS TO

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

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

21 1182(a)(9)), an alien’s application for an immi22 grant visa shall be considered if the alien was 

23 excluded, deported, removed, or departed volun24 tarily before the date of the enactment of this 

25 Act. 


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1 (c) NATURALIZATION.—Section 319(a) of the Immi2 gration and Nationality Act (8 U.S.C. 1430(a)) is amend3 ed— 

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

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

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

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

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

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

10 after ‘‘marital union’’. 

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

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

13 amended— 

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

15 as subsection (u); and 

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

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

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

19 would have been statutorily eligible for any waiver of inad20 missibility under this Act but for the death of a qualifying 

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

22 if the death had not occurred and the death of the quali23 fying relative shall be the functional equivalent of hardship 

24 for purposes of any waiver of inadmissibility which re25 quires a showing of hardship.’’. 


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1 (e) SURVIVING RELATIVE CONSIDERATION FOR CER2 TAIN PETITIONS AND APPLICATIONS.—Section 204(l)(1) 

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

4 1154(l)(1)) is amended— 

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

6 States at the time of the death of the qualifying rel7 ative and who continues to reside in the United 

8 States’’; and 

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

10 inserting ‘‘any related applications (including affida11 vits of support),’’. 

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

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

14 1151(b)(2)(A)(i)) is amended by striking ‘‘within 2 years 

15 after such date’’. 

16 (g) FAMILY-SPONSORED IMMIGRANTS.—Section 

17 212(a)(4)(C)(i) is amended— 

18 (1) in subclause (I), by striking ‘‘, or’’ and in19 serting a semicolon; 

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

21 end; and 

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

23 ‘‘(IV) the status as a surviving 

24 relative under 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 00:17 Mar 19, 2016 Jkt 059200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\H4798.IH H4798

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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. NUMERICAL LIMITATIONS ON INDIVIDUAL FOR21 EIGN STATES. 

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

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

24 1152(a)(4)) is amended— 


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

2 PARTNERS,’’ after ‘‘SPOUSES’’; 

3 (2) in the heading of subparagraph (A), by in4 serting ‘‘, PERMANENT PARTNERS,’’ after 

5 ‘‘SPOUSES’’; and 

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

7 striking ‘‘AND DAUGHTERS’’ inserting ‘‘WITHOUT

8 PERMANENT PARTNERS AND UNMARRIED DAUGH9 TERS WITHOUT PERMANENT PARTNERS’’. 

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

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

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

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

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

15 ‘‘husband and wife’’. 

16 SEC. 204. ALLOCATION OF IMMIGRANT VISAS. 

17 (a) PREFERENCE ALLOCATION FOR SONS AND

18 DAUGHTERS OF CITIZENS.—Section 203(a)(3) of the Im19 migration and Nationality Act (8 U.S.C. 1153(a)(3)) is 

20 amended— 

21 (1) in the heading, by inserting ‘‘AND DAUGH22 TERS AND SONS WITH PERMANENT PARTNERS’’ after 

23 ‘‘DAUGHTERS’’; and 

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

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


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1 (b) EMPLOYMENT CREATION.—Section 

2 203(b)(5)(A)(ii) of such Act (8 U.S.C. 1153(b)(5)(A)(ii)) 

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

4 ‘‘spouse,’’. 

5 (c) TREATMENT OF FAMILY MEMBERS.—Section 

6 203(d) of such Act (8 U.S.C. 1153(d)) is amended— 

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

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

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

10 (H)’’. 

11 SEC. 205. PROCEDURE FOR GRANTING IMMIGRANT STATUS. 

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

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

14 1154(a)(1)) is amended— 

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

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

17 (2) in subparagraph (A)(iii)— 

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

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

20 (B) in subclause (I), by inserting ‘‘or per21 manent partnership’’ after ‘‘marriage’’ each 

22 place it appears; 

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

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

25 (4) in subparagraph (A)(vi)— 


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

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

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

4 after ‘‘spouse’’; and 

5 (5) in subparagraph (B)— 

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

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

8 (B) by inserting ‘‘or permanent partner9 ship’’ after ‘‘marriage’’ in clause (ii)(I)(aa) and 

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

11 and 

12 (C) in clause (ii)(II)(aa)(CC)(bbb), by in13 serting ‘‘(or the termination of the permanent 

14 partnership)’’ after ‘‘termination of the mar15 riage’’. 

16 (b) IMMIGRATION FRAUD PREVENTION.—Section 

17 204(c) of such Act (8 U.S.C. 1154(c)) is amended— 

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

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

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

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

22 (c) RESTRICTIONS ON PETITIONS BASED ON MAR23 RIAGES ENTERED WHILE IN EXCLUSION OR DEPORTA24 TION PROCEEDINGS.—Section 204(g) of such Act (8 


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

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

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

4 204(h) of such Act (8 U.S.C. 1154(h)) is amended— 

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

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

7 (2) by inserting ‘‘or formation of a new perma8 nent partnership’’ after ‘‘Remarriage’’. 

9 SEC. 206. ANNUAL ADMISSION OF REFUGEES AND ADMIS10 SION OF EMERGENCY SITUATION REFUGEES. 

11 Section 207(c) of the Immigration and Nationality 

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

13 (1) in paragraph (2)— 

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

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

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

17 after ‘‘spouse’s’’; and 

18 (C) in subparagraph (A)— 

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

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

21 ‘‘(E)’’; and 

22 (2) in paragraph (4), by inserting ‘‘or perma23 nent partner’’ after ‘‘spouse’’. 


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1 SEC. 207. ASYLUM. 

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

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

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

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

6 (2) in subparagraph (A)— 

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

8 after ‘‘spouse’’; 

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

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

11 SEC. 208. ADJUSTMENT OF STATUS OF REFUGEES. 

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

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

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

15 SEC. 209. INADMISSIBLE ALIENS. 

16 (a) CLASSES OF ALIENS INELIGIBLE FOR VISAS OR

17 ADMISSION.—Section 212(a) of the Immigration and Na18 tionality Act (8 U.S.C. 1182(a)) is amended— 

19 (1) in paragraph (3)(D)(iv), by inserting ‘‘per20 manent partner,’’ after ‘‘spouse,’’; 

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

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

23 (3) in paragraph (6)(E)(ii), by inserting ‘‘per24 manent partner,’’ after ‘‘spouse,’’; and 

25 (4) in paragraph (9)(B)(v), by inserting ‘‘, per26 manent partner,’’ after ‘‘spouse’’. 


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

2 1182(d)) is amended— 

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

4 partner,’’ after ‘‘spouse,’’; and 

5 (2) in paragraph (12), by inserting ‘‘, perma6 nent partner,’’ after ‘‘spouse’’. 

7 (c) WAIVERS OF INADMISSIBILITY ON HEALTH-RE8 LATED GROUNDS.—Section 212(g)(1)(A) of such Act (8 

9 U.S.C. 1182(g)(1)(A)) is amended by inserting ‘‘or per10 manent partner’’ after ‘‘spouse’’. 

11 (d) WAIVERS OF INADMISSIBILITY ON CRIMINAL AND

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

13 (8 U.S.C. 1182(h)(1)(B)) is amended by inserting ‘‘per14 manent partner,’’ after ‘‘spouse,’’. 

15 (e) WAIVER OF INADMISSIBILITY FOR MISREPRESEN16 TATION.—Section 212(i)(1) of such Act (8 U.S.C. 

17 1182(i)(1)) is amended by inserting ‘‘permanent partner,’’ 

18 after ‘‘spouse,’’. 

19 SEC. 210. NONIMMIGRANT STATUS FOR PERMANENT PART20 NERS AWAITING THE AVAILABILITY OF AN 

21 IMMIGRANT VISA. 

22 Section 214 of the Immigration and Nationality Act 

23 (8 U.S.C. 1184) is amended— 

24 (1) in subsection (e)(2), by inserting ‘‘or per25 manent partner’’ after ‘‘spouse’’; and 


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1 (2) in subsection (r)— 

2 (A) in paragraph (1), by inserting ‘‘or per3 manent partner’’ after ‘‘spouse’’; and 

4 (B) by inserting ‘‘or permanent partner5 ship’’ after ‘‘marriage’’ each place it appears. 

6 SEC. 211. DERIVATIVE STATUS FOR PERMANENT PART7 NERS OF NONIMMIGRANT VISA HOLDERS. 

8 Section 101(a)(15) of the Immigration and Nation9 ality Act (8 U.S.C. 1101(a)(15)) is amended— 

10 (1) in subparagraph (A)— 

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

12 shall include permanent partners’’ after ‘‘imme13 diate family’’; 

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

15 shall include permanent partners’’ after ‘‘imme16 diate families’’; and 

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

18 shall include permanent partners,’’ after ‘‘im19 mediate families,’’; 

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

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

23 permanent partner’’ after ‘‘spouse’’; 


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

2 which shall include his or her permanent partner’’ 

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

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

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

6 members of their immediate families’’; 

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

8 which shall include his permanent partner,’’ after 

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

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

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

12 members of their immediate families’’; 

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

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

15 members of the immediate families’’; 

16 (9) in subparagraph (H), by inserting ‘‘or per17 manent partner’’ after ‘‘spouse’’; 

18 (10) in subparagraph (I), by inserting ‘‘or per19 manent partner’’ after ‘‘spouse’’; 

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

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

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

25 permanent partner’’ after ‘‘spouse’’; 


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

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

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

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

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

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

7 (17) in subparagraph (R), by inserting ‘‘or per8 manent partner’’ after ‘‘spouse’’; 

9 (18) in subparagraph (S), by inserting ‘‘or per10 manent partner’’ after ‘‘spouse’’; 

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

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

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

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

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

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

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

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

19 (23) in subparagraph (V), by inserting ‘‘perma20 nent partner or’’ after ‘‘beneficiary (including a’’. 

21 SEC. 212. CONDITIONAL PERMANENT RESIDENT STATUS 

22 FOR CERTAIN ALIEN SPOUSES, PERMANENT 

23 PARTNERS, AND SONS AND DAUGHTERS. 

24 (a) SECTION HEADING.— 


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

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

3 1186a) is amended by inserting ‘‘AND PERMANENT

4 PARTNERS’’ after ‘‘SPOUSES’’. 

5 (2) CLERICAL AMENDMENT.—The table of con6 tents of such Act is amended by amending the item 

7 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.’’. 

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

9 U.S.C. 1186a(a)) is amended— 

10 (1) in paragraph (1), by inserting ‘‘or perma11 nent partner’’ after ‘‘spouse’’; 

12 (2) in paragraph (2)(A), by inserting ‘‘or per13 manent partner’’ after ‘‘spouse’’; 

14 (3) in paragraph (2)(B), by inserting ‘‘perma15 nent partner,’’ after ‘‘spouse,’’; and 

16 (4) in paragraph (2)(C), by inserting ‘‘perma17 nent partner,’’ after ‘‘spouse,’’. 

18 (c) TERMINATION OF STATUS IF FINDING THAT

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

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

21 (1) in the heading, by inserting ‘‘OR PERMA22 NENT PARTNERSHIP’’ after ‘‘MARRIAGE’’; 

23 (2) in paragraph (1)(A), by inserting ‘‘or per24 manent partnership’’ after ‘‘marriage’’; and 


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1 (3) in paragraph (1)(A)(ii)— 

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

3 the criteria for being considered a permanent 

4 partnership under this Act,’’ after ‘‘termi5 nated,’’; and 

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

7 after ‘‘spouse’’. 

8 (d) REQUIREMENTS OF TIMELY PETITION AND

9 INTERVIEW FOR REMOVAL OF CONDITION.—Section 

10 216(c) of such Act (8 U.S.C. 1186a(c)) is amended— 

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

12 (3)(C), (4)(B), and (4)(C), by inserting ‘‘or perma13 nent partner’’ after ‘‘spouse’’ each place it appears; 

14 and 

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

16 clause (ii), and in paragraph (3)(D), (4)(B), and 

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

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

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

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

21 (1) in the heading of subparagraph (A), by in22 serting ‘‘OR PERMANENT PARTNERSHIP’’ after ‘‘MAR23 RIAGE’’; 

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

25 permanent partnership’’ after ‘‘marriage’’; 


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1 (3) in subparagraph (A)(i)(I), by inserting be2 fore the comma at the end ‘‘, or is a permanent 

3 partnership recognized under this Act’’; 

4 (4) in subparagraph (A)(i)(II)— 

5 (A) by inserting ‘‘or has not ceased to sat6 isfy the criteria for being considered a perma7 nent partnership under this Act,’’ after ‘‘termi8 nated,’’; and 

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

10 after ‘‘spouse’’; 

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

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

13 (6) in subparagraph (B)(i)— 

14 (A) by inserting ‘‘or permanent partner15 ship’’ after ‘‘marriage’’; and 

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

17 after ‘‘spouse’’. 

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

19 U.S.C. 1186a(g)) is amended— 

20 (1) in paragraph (1)— 

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

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

23 (B) by inserting ‘‘or permanent partner24 ship’’ after ‘‘marriage’’ each place it appears; 


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1 (2) in paragraph (2), by inserting ‘‘or perma2 nent partnership’’ after ‘‘marriage’’; 

3 (3) in paragraph (3), by inserting ‘‘or perma4 nent partnership’’ after ‘‘marriage’’; and 

5 (4) in paragraph (4)— 

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

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

8 (B) by inserting ‘‘or permanent partner9 ship’’ after ‘‘marriage’’. 

10 SEC. 213. CONDITIONAL PERMANENT RESIDENT STATUS 

11 FOR CERTAIN ALIEN ENTREPRENEURS, 

12 SPOUSES, PERMANENT PARTNERS, AND CHIL13 DREN. 

14 (a) SECTION HEADING.— 

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

16 216A of the Immigration and Nationality Act (8 

17 U.S.C. 1186b) is amended by inserting ‘‘OR PERMA18 NENT PARTNERS’’ after ‘‘SPOUSES’’. 

19 (2) CLERICAL AMENDMENT.—The table of con20 tents of such Act is amended by amending the item 

21 relating to section 216A to read as follows: 

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

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

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


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

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

3 (c) TERMINATION OF STATUS IF FINDING THAT

4 QUALIFYING ENTREPRENEURSHIP IMPROPER.—Section 

5 216A(b)(1) of such Act (8 U.S.C. 1186b(b)(1)) is amend6 ed by inserting ‘‘or permanent partner’’ after ‘‘spouse’’ in 

7 the matter following subparagraph (C). 

8 (d) REQUIREMENTS OF TIMELY PETITION AND

9 INTERVIEW FOR REMOVAL OF CONDITION.—Section 

10 216A(c) of such Act (8 U.S.C. 1186b(c)) is amended, in 

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

12 permanent partner’’ after ‘‘spouse’’. 

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

14 U.S.C. 1186b(f)(2)) is amended by inserting ‘‘or perma15 nent partner’’ after ‘‘spouse’’ each place it appears. 

16 SEC. 214. DEPORTABLE ALIENS. 

17 Section 237(a) of the Immigration and Nationality 

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

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

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

21 appears; 

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

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

24 after ‘‘spouse’’; and 


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

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

3 each place it appears. 

4 SEC. 215. REMOVAL PROCEEDINGS. 

5 Section 240 of the Immigration and Nationality Act 

6 (8 U.S.C. 1229a) is amended— 

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

8 by inserting ‘‘PERMANENT PARTNERS,’’ after 

9 ‘‘SPOUSES,’’; and 

10 (2) in subsection (e)(1), by inserting ‘‘or per11 manent partner’’ after ‘‘spouse’’. 

12 SEC. 216. CANCELLATION OF REMOVAL; ADJUSTMENT OF 

13 STATUS. 

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

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

16 (1) in paragraph (1)(D), by inserting ‘‘or per17 manent partner’’ after ‘‘spouse’’; 

18 (2) in the heading for paragraph (2), by insert19 ing ‘‘, PERMANENT PARTNER,’’ after ‘‘SPOUSE’’; and 

20 (3) in paragraph (2)(A), by inserting ‘‘, perma21 nent partner,’’ after ‘‘spouse’’ each place it appears. 


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1 SEC. 217. 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. 218. 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. 219. 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. 220. 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. 221. 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. 222. 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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