II 

112TH CONGRESS 

1ST SESSION S. 821 

To amend the Immigration and Nationality Act to eliminate discrimination 

in the immigration laws by permitting permanent partners of United 

States citizens and lawful permanent residents to obtain lawful permanent resident status in the same manner as spouses of citizens and 

lawful permanent residents and to penalize immigration fraud in connection with permanent partnerships. 

IN THE SENATE OF THE UNITED STATES 

APRIL 14, 2011 

Mr. LEAHY (for himself, Mr. AKAKA, Mr. BLUMENTHAL, Mrs. BOXER, Mr. 

CARDIN, Mr. CASEY, Mr. COONS, Mr. DURBIN, Mr. FRANKEN, Mrs. 

GILLIBRAND, Mr. HARKIN, Mr. KERRY, Mr. LAUTENBERG, Mr. 

MERKLEY, Mrs. MURRAY, Mr. SCHUMER, Mr. WHITEHOUSE, Mr. 

WYDEN, Mr. INOUYE, and Mr. SANDERS) introduced the following bill; 

which was read twice and referred to the Committee on the Judiciary 

A BILL 

To amend the Immigration and Nationality Act to eliminate 

discrimination in the immigration laws by permitting permanent partners of United States citizens and lawful 

permanent residents to obtain lawful permanent resident 

status in the same manner as spouses of citizens and 

lawful permanent residents and to penalize immigration 

fraud in connection with permanent partnerships. 

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


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1 SECTION 1. SHORT TITLE; AMENDMENTS TO IMMIGRATION 

2 AND NATIONALITY ACT; TABLE OF CON3 TENTS. 

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

5 ‘‘Uniting American Families Act of 2011’’. 

6 (b) AMENDMENTS TO IMMIGRATION AND NATION7 ALITY ACT.—Except as otherwise specifically provided in 

8 this Act, if an amendment or repeal is expressed as the 

9 amendment or repeal of a section or other provision, the 

10 reference shall be considered to be made to that section 

11 or provision in the Immigration and Nationality Act (8 

12 U.S.C. 1101 et seq.). 

13 (c) TABLE OF CONTENTS.—The table of contents for 

14 this Act is as follows: 

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

contents. 

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

Sec. 3. Worldwide level of immigration. 

Sec. 4. Numerical limitations on individual foreign states. 

Sec. 5. Allocation of immigrant visas. 

Sec. 6. Procedure for granting immigrant status. 

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

Sec. 8. Asylum. 

Sec. 9. Adjustment of status of refugees. 

Sec. 10. Inadmissible aliens. 

Sec. 11. Nonimmigrant status for permanent partners awaiting the availability 

of an immigrant visa. 

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

Sec. 13. Conditional permanent resident status for certain alien entrepreneurs, 

spouses, permanent partners, and children. 

Sec. 14. Deportable aliens. 

Sec. 15. Removal proceedings. 

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

Sec. 17. Adjustment of status of nonimmigrant to that of person admitted for 

permanent residence. 

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


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Sec. 19. Requirements as to residence, good moral character, attachment to the 

principles of the Constitution. 

Sec. 20. Naturalization for permanent partners of citizens. 

Sec. 21. Application of family unity provisions to permanent partners of certain 

LIFE Act beneficiaries. 

Sec. 22. Application to Cuban Adjustment Act. 

1 SEC. 2. DEFINITIONS OF PERMANENT PARTNER AND PER2 MANENT PARTNERSHIP. 

3 Section 101(a) (8 U.S.C. 1101(a)) is amended— 

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

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

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

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

8 individual 18 years of age or older who— 

9 ‘‘(A) is in a committed, intimate relation10 ship with another individual 18 years of age or 

11 older in which both individuals intend a lifelong 

12 commitment; 

13 ‘‘(B) is financially interdependent with 

14 that other individual; 

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

16 partnership with, any individual other than that 

17 other individual; 

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

19 individual a marriage cognizable under this Act; 

20 and 

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

22 blood relation of that other individual. 


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

2 the relationship that exists between 2 permanent 

3 partners.’’. 

4 SEC. 3. WORLDWIDE LEVEL OF IMMIGRATION. 

5 Section 201(b)(2)(A)(i) (8 U.S.C. 1151(b)(2)(A)(i)) 

6 is amended— 

7 (1) by ‘‘spouse’’ each place it appears and in8 serting ‘‘spouse or permanent partner’’; 

9 (2) by striking ‘‘spouses’’ and inserting 

10 ‘‘spouse, permanent partner,’’; 

11 (3) by inserting ‘‘(or, in the case of a perma12 nent partnership, whose permanent partnership was 

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

14 from the citizen’’; and 

15 (4) by striking ‘‘remarries.’’ and inserting ‘‘re16 marries or enters a permanent partnership with an17 other person.’’. 

18 SEC. 4. NUMERICAL LIMITATIONS ON INDIVIDUAL FOR19 EIGN STATES. 

20 (a) PER COUNTRY LEVELS.—Section 202(a)(4) (8 

21 U.S.C. 1152(a)(4)) is amended— 

22 (1) in the paragraph heading, by inserting ‘‘, 

23 PERMANENT PARTNERS,’’ after ‘‘SPOUSES’’; 


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1 (2) in the heading of subparagraph (A), by in2 serting ‘‘, PERMANENT PARTNERS,’’ after 

3 ‘‘SPOUSES’’; and 

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

5 striking ‘‘AND DAUGHTERS’’ inserting ‘‘WITHOUT

6 PERMANENT PARTNERS AND UNMARRIED DAUGH7 TERS WITHOUT PERMANENT PARTNERS’’. 

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

9 (8 U.S.C. 1152(b)(2)) is amended— 

10 (1) by striking ‘‘his spouse’’ and inserting ‘‘his 

11 or her spouse or permanent partner’’; 

12 (2) by striking ‘‘such spouse’’ each place it ap13 pears and inserting ‘‘such spouse or permanent part14 ner’’; and 

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

16 ‘‘husband and wife’’. 

17 SEC. 5. ALLOCATION OF IMMIGRANT VISAS. 

18 (a) PREFERENCE ALLOCATION FOR FAMILY MEM19 BERS OF PERMANENT RESIDENT ALIENS.—Section 

20 203(a)(2) (8 U.S.C. 1153(a)(2)) is amended— 

21 (1) by striking the paragraph heading and in22 serting the following: 

23 ‘‘(2) SPOUSES, PERMANENT PARTNERS, UNMAR24 RIED SONS WITHOUT PERMANENT PARTNERS, AND


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1 UNMARRIED DAUGHTERS WITHOUT PERMANENT

2 PARTNERS OF PERMANENT RESIDENT ALIENS.—’’; 

3 (2) in subparagraph (A), by inserting ‘‘, perma4 nent partners,’’ after ‘‘spouses’’; and 

5 (3) in subparagraph (B), by striking ‘‘or un6 married daughters’’ and inserting ‘‘without perma7 nent partners or the unmarried daughters without 

8 permanent partners’’. 

9 (b) PREFERENCE ALLOCATION FOR SONS AND

10 DAUGHTERS OF CITIZENS.—Section 203(a)(3) (8 U.S.C. 

11 1153(a)(3)) is amended— 

12 (1) by striking the paragraph heading and in13 serting the following: 

14 ‘‘(2) MARRIED SONS AND DAUGHTERS OF CITI15 ZENS AND SONS AND DAUGHTERS WITH PERMANENT

16 PARTNERS OF CITIZENS.—’’; and 

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

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

19 (c) EMPLOYMENT CREATION.—Section 

20 203(b)(5)(A)(ii) (8 U.S.C. 1153(b)(5)(A)(ii)) is amended 

21 by inserting ‘‘permanent partner,’’ after ‘‘spouse,’’. 

22 (d) TREATMENT OF FAMILY MEMBERS.—Section 

23 203(d) (8 U.S.C. 1153(d)) is amended— 

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

25 ‘‘section 101(b)(1)’’; and 


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

2 ‘‘the spouse’’. 

3 SEC. 6. PROCEDURE FOR GRANTING IMMIGRANT STATUS. 

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

5 (8 U.S.C. 1154(a)(1)) is amended— 

6 (1) in subparagraph (A)— 

7 (A) in clause (ii), by inserting ‘‘or perma8 nent partner’’ after ‘‘spouse’’; 

9 (B) in clause (iii)— 

10 (i) by inserting ‘‘or permanent part11 ner’’ after ‘‘spouse’’ each place it appears; 

12 and 

13 (ii) in subclause (I), by inserting ‘‘or 

14 permanent partnership’’ after ‘‘marriage’’ 

15 each place it appears; 

16 (C) in clause (v)(I), by inserting ‘‘perma17 nent partner,’’ after ‘‘is the spouse,’’; and 

18 (D) in clause (vi)— 

19 (i) by inserting ‘‘or termination of the 

20 permanent partnership’’ after ‘‘divorce’’; 

21 and 

22 (ii) by inserting ‘‘, permanent part23 ner,’’ after ‘‘spouse’’; and 

24 (2) in subparagraph (B)— 


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

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

3 (B) in clause (ii)— 

4 (i) in subclause (I)(aa), by inserting 

5 ‘‘or permanent partnership’’ after ‘‘mar6 riage’’; 

7 (ii) in subclause (I)(bb), by inserting 

8 ‘‘or permanent partnership’’ after ‘‘mar9 riage’’ the first place it appears; and 

10 (iii) in subclause (II)(aa), by inserting 

11 ‘‘(or the termination of the permanent 

12 partnership)’’ after ‘‘termination of the 

13 marriage’’. 

14 (b) IMMIGRATION FRAUD PREVENTION.—Section 

15 204(c) (8 U.S.C. 1154(c)) is amended— 

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

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

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

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

20 SEC. 7. ANNUAL ADMISSION OF REFUGEES AND ADMISSION 

21 OF EMERGENCY SITUATION REFUGEES. 

22 Section 207(c) (8 U.S.C. 1157(c)) is amended— 

23 (1) in paragraph (2)— 

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

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


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

2 after ‘‘spouse’s’’; and 

3 (2) in paragraph (4), by inserting ‘‘, permanent 

4 partner,’’ after ‘‘spouse’’. 

5 SEC. 8. ASYLUM. 

6 Section 208(b)(3) (8 U.S.C. 1158(b)(3)) is amend7 ed— 

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

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

10 (2) in subparagraph (A), by inserting ‘‘, perma11 nent partner,’’ after ‘‘spouse’’. 

12 SEC. 9. ADJUSTMENT OF STATUS OF REFUGEES. 

13 Section 209(b)(3) (8 U.S.C. 1159(b)(3)) is amended 

14 by inserting ‘‘, permanent partner,’’ after ‘‘spouse’’. 

15 SEC. 10. INADMISSIBLE ALIENS. 

16 (a) CLASSES OF ALIENS INELIGIBLE FOR VISAS OR

17 ADMISSION.—Section 212(a) (8 U.S.C. 1182(a)) is 

18 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 


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1 (4) in paragraph (9)(B)(v), by inserting ‘‘, per2 manent partner,’’ after ‘‘spouse’’. 

3 (b) WAIVERS.—Section 212(d) (8 U.S.C. 1182(d)) is 

4 amended— 

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

6 partner,’’ after ‘‘spouse,’’; and 

7 (2) in paragraph (12), by inserting ‘‘, perma8 nent partner,’’ after ‘‘spouse’’. 

9 (c) WAIVERS OF INADMISSIBILITY ON HEALTH-RE10 LATED GROUNDS.—Section 212(g)(1)(A) (8 U.S.C. 

11 1182(g)(1)(A)) is amended by inserting ‘‘, permanent 

12 partner,’’ after ‘‘spouse’’. 

13 (d) WAIVERS OF INADMISSIBILITY ON CRIMINAL AND

14 RELATED GROUNDS.—Section 212(h)(1)(B) (8 U.S.C. 

15 1182(h)(1)(B)) is amended by inserting ‘‘permanent part16 ner,’’ after ‘‘spouse,’’. 

17 (e) WAIVER OF INADMISSIBILITY FOR MISREPRESEN18 TATION.—Section 212(i)(1) (8 U.S.C. 1182(i)(1)) is 

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

20 ‘‘spouse,’’. 

21 SEC. 11. NONIMMIGRANT STATUS FOR PERMANENT PART22 NERS AWAITING THE AVAILABILITY OF AN 

23 IMMIGRANT VISA. 

24 Section 214(r) (8 U.S.C. 1184(r)) is amended— 


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1 (1) in paragraph (1), by inserting ‘‘or perma2 nent partner’’ after ‘‘spouse’’; and 

3 (2) in paragraph (2), by inserting ‘‘or perma4 nent partnership’’ after ‘‘marriage’’ each place it ap5 pears. 

6 SEC. 12. CONDITIONAL PERMANENT RESIDENT STATUS 

7 FOR CERTAIN ALIEN SPOUSES, PERMANENT 

8 PARTNERS, AND SONS AND DAUGHTERS. 

9 (a) SECTION HEADING.— 

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

11 (8 U.S.C. 1186a) is amended by striking ‘‘AND

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

13 SONS,’’. 

14 (2) CLERICAL AMENDMENT.—The table of con15 tents is amended by amending the item relating to 

16 section 216 to read as follows: 

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

17 (b) IN GENERAL.—Section 216(a) (8 U.S.C. 

18 1186a(a)) is amended— 

19 (1) in paragraph (1), by inserting ‘‘or perma20 nent partner’’ after ‘‘spouse’’; and 

21 (2) in paragraph (2)— 

22 (A) in subparagraph (A), by inserting ‘‘or 

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


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1 (B) in subparagraph (B), by inserting 

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

3 (C) in subparagraph (C), by inserting 

4 ‘‘permanent partner,’’ after ‘‘spouse,’’. 

5 (c) TERMINATION OF STATUS IF FINDING THAT

6 QUALIFYING MARRIAGE IMPROPER.—Section 216(b) (8 

7 U.S.C. 1186a(b)) is amended— 

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

9 PERMANENT PARTNERSHIP’’ after ‘‘MARRIAGE’’; 

10 and 

11 (2) in paragraph (1)(A)— 

12 (A) by inserting ‘‘or permanent partner13 ship’’ after ‘‘marriage’’; and 

14 (B) in clause (ii)— 

15 (i) by inserting ‘‘or has ceased to sat16 isfy the criteria for being considered a per17 manent partnership under this Act,’’ after 

18 ‘‘terminated,’’; and 

19 (ii) by inserting ‘‘or permanent part20 ner’’ after ‘‘spouse’’. 

21 (d) REQUIREMENTS OF TIMELY PETITION AND

22 INTERVIEW FOR REMOVAL OF CONDITION.—Section 

23 216(c) (8 U.S.C. 1186a(c)) is amended— 

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

25 (3)(C), (4)(B), and (4)(C), by inserting ‘‘or permaVerDate Mar 15 2010 23:49 Apr 15, 2011 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S821.IS S821

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1 nent partner’’ after ‘‘spouse’’ each place it appears; 

2 and 

3 (2) in paragraph (3)(A), (3)(D), (4)(B), and 

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

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

6 (e) CONTENTS OF PETITION.—Section 216(d)(1) (8 

7 U.S.C. 1186a(d)(1)) is amended— 

8 (1) in subparagraph (A)— 

9 (A) in the heading, by inserting ‘‘OR PER10 MANENT PARTNERSHIP’’ after ‘‘MARRIAGE’’; 

11 (B) in clause (i)— 

12 (i) by inserting ‘‘or permanent part13 nership’’ after ‘‘marriage’’; 

14 (ii) in subclause (I), by inserting be15 fore the comma at the end ‘‘, or is a per16 manent partnership recognized under this 

17 Act’’; and 

18 (iii) in subclause (II)— 

19 (I) by inserting ‘‘or has not 

20 ceased to satisfy the criteria for being 

21 considered a permanent partnership 

22 under this Act,’’ after ‘‘terminated,’’; 

23 and 

24 (II) by inserting ‘‘or permanent 

25 partner’’ after ‘‘spouse’’; and 


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1 (C) in clause (ii), by inserting ‘‘or perma2 nent partner’’ after ‘‘spouse’’; and 

3 (2) in subparagraph (B)(i)— 

4 (A) by inserting ‘‘or permanent partner5 ship’’ after ‘‘marriage’’; and 

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

7 after ‘‘spouse’’. 

8 (f) DEFINITIONS.—Section 216(g) (8 U.S.C. 

9 1186a(g)) is amended— 

10 (1) in paragraph (1)— 

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

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

13 (B) by inserting ‘‘or permanent partner14 ship’’ after ‘‘marriage’’ each place it appears; 

15 (2) in paragraph (2), by inserting ‘‘or perma16 nent partnership’’ after ‘‘marriage’’; 

17 (3) in paragraph (3), by inserting ‘‘or perma18 nent partnership’’ after ‘‘marriage’’; and 

19 (4) in paragraph (4)— 

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

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

22 (B) by inserting ‘‘or permanent partner23 ship’’ after ‘‘marriage’’. 


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1 SEC. 13. CONDITIONAL PERMANENT RESIDENT STATUS 

2 FOR CERTAIN ALIEN ENTREPRENEURS, 

3 SPOUSES, PERMANENT PARTNERS, AND CHIL4 DREN. 

5 (a) IN GENERAL.—Section 216A (8 U.S.C. 1186b) 

6 is amended— 

7 (1) in the section heading, by inserting ‘‘, PER8 MANENT PARTNERS,’’ after ‘‘SPOUSES’’; and 

9 (2) in paragraphs (1), (2)(A), (2)(B), and 

10 (2)(C), by inserting ‘‘or permanent partner’’ after 

11 ‘‘spouse’’ each place it appears. 

12 (b) TERMINATION OF STATUS IF FINDING THAT

13 QUALIFYING ENTREPRENEURSHIP IMPROPER.—Section 

14 216A(b)(1) (8 U.S.C. 1186b(b)(1)) is amended by insert15 ing ‘‘or permanent partner’’ after ‘‘spouse’’ in the matter 

16 following subparagraph (C). 

17 (c) REQUIREMENTS OF TIMELY PETITION AND

18 INTERVIEW FOR REMOVAL OF CONDITION.—Section 

19 216A(c) (8 U.S.C. 1186b(c)) is amended, in paragraphs 

20 (1), (2)(A)(ii), and (3)(C), by inserting ‘‘or permanent 

21 partner’’ after ‘‘spouse’’. 

22 (d) DEFINITIONS.—Section 216A(f)(2) (8 U.S.C. 

23 1186b(f)(2)) is amended by inserting ‘‘or permanent part24 ner’’ after ‘‘spouse’’ each place it appears. 


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1 (e) CLERICAL AMENDMENT.—The table of contents 

2 is amended by amending the item relating to section 216A 

3 to read as follows: 

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

4 SEC. 14. DEPORTABLE ALIENS. 

5 Section 237(a)(1) (8 U.S.C. 1227(a)(1)) is amend6 ed— 

7 (1) in subparagraph (D)(i), by inserting ‘‘or 

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

9 appears; 

10 (2) in subparagraphs (E)(ii), (E)(iii), and 

11 (H)(i)(I), by inserting ‘‘or permanent partner’’ after 

12 ‘‘spouse’’; 

13 (3) by inserting after subparagraph (E) the fol14 lowing: 

15 ‘‘(F) PERMANENT PARTNERSHIP FRAUD.— 

16 An alien shall be considered to be deportable as 

17 having procured a visa or other documentation 

18 by fraud (within the meaning of section 

19 212(a)(6)(C)(i)) and to be in the United States 

20 in violation of this Act (within the meaning of 

21 subparagraph (B)) if— 

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

23 the United States with an immigrant visa 

24 or other documentation procured on the 


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1 basis of a permanent partnership entered 

2 into less than 2 years before such admis3 sion and which, within 2 years subsequent 

4 to such admission, is terminated because 

5 the criteria for permanent partnership are 

6 no longer fulfilled, unless the alien estab7 lishes to the satisfaction of the Secretary 

8 of Homeland Security that such permanent 

9 partnership was not contracted for the 

10 purpose of evading any provision of the im11 migration laws; or 

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

13 the Secretary of Homeland Security that 

14 the alien has failed or refused to fulfill the 

15 alien’s permanent partnership, which the 

16 Secretary of Homeland Security deter17 mines was made for the purpose of pro18 curing the alien’s admission as an immi19 grant.’’; and 

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

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

22 each place it appears. 

23 SEC. 15. REMOVAL PROCEEDINGS. 

24 Section 240 (8 U.S.C. 1229a) is amended— 


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

2 by inserting ‘‘PERMANENT PARTNERS,’’ after 

3 ‘‘SPOUSES,’’; and 

4 (2) in subsection (e)(1), by inserting ‘‘perma5 nent partner,’’ after ‘‘spouse,’’. 

6 SEC. 16. CANCELLATION OF REMOVAL; ADJUSTMENT OF 

7 STATUS. 

8 Section 240A(b) (8 U.S.C. 1229b(b)) is amended— 

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

11 (2) in paragraph (2)— 

12 (A) in the paragraph heading, by inserting 

13 ‘‘, PERMANENT PARTNER,’’ after ‘‘SPOUSE’’; 

14 and 

15 (B) in subparagraph (A), by inserting ‘‘, 

16 permanent partner,’’ after ‘‘spouse’’ each place 

17 it appears. 

18 SEC. 17. ADJUSTMENT OF STATUS OF NONIMMIGRANT TO 

19 THAT OF PERSON ADMITTED FOR PERMA20 NENT RESIDENCE. 

21 (a) PROHIBITION ON ADJUSTMENT OF STATUS.— 

22 Section 245(d) (8 U.S.C. 1255(d)) is amended by insert23 ing ‘‘or permanent partnership’’ after ‘‘marriage’’. 

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

25 (8 U.S.C. 1255(e)) is amended— 


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

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

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

5 apply with respect to a permanent partnership if the alien 

6 establishes by clear and convincing evidence to the satis7 faction of the Secretary of Homeland Security that— 

8 ‘‘(i) the permanent partnership was entered 

9 into in good faith and in accordance with section 

10 101(a)(52); 

11 ‘‘(ii) the permanent partnership was not en12 tered into for the purpose of procuring the alien’s 

13 admission as an immigrant; and 

14 ‘‘(iii) no fee or other consideration was given 

15 (other than a fee or other consideration to an attor16 ney for assistance in preparation of a lawful peti17 tion) for the filing of a petition under section 204(a) 

18 or 214(d) with respect to the alien permanent part19 ner. 

20 ‘‘(B) The Secretary shall promulgate regulations that 

21 provide for only 1 level of administrative appellate review 

22 for each alien under subparagraph (A).’’. 

23 (c) ADJUSTMENT OF STATUS FOR CERTAIN ALIENS

24 PAYING FEE.—Section 245(i)(1)(B) (8 U.S.C. 


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1 1255(i)(1)(B)) is amended by inserting ‘‘, permanent 

2 partner,’’ after ‘‘spouse’’. 

3 SEC. 18. APPLICATION OF CRIMINAL PENALTIES TO FOR 

4 MISREPRESENTATION AND CONCEALMENT 

5 OF FACTS REGARDING PERMANENT PART6 NERSHIPS. 

7 Section 275(c) (8 U.S.C. 1325(c)) is amended to read 

8 as follows: 

9 ‘‘(c) Any individual who knowingly enters into a mar10 riage or permanent partnership for the purpose of evading 

11 any provision of the immigration laws shall be imprisoned 

12 for not more than 5 years, fined not more than $250,000, 

13 or both.’’. 

14 SEC. 19. REQUIREMENTS AS TO RESIDENCE, GOOD MORAL 

15 CHARACTER, ATTACHMENT TO THE PRIN16 CIPLES OF THE CONSTITUTION. 

17 Section 316(b) (8 U.S.C. 1427(b)) is amended by in18 serting ‘‘, permanent partner,’’ after ‘‘spouse’’. 

19 SEC. 20. NATURALIZATION FOR PERMANENT PARTNERS OF 

20 CITIZENS. 

21 (a) IN GENERAL.—Section 319 (8 U.S.C. 1430) is 

22 amended— 

23 (1) in subsection (a)— 

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

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


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1 (B) by inserting ‘‘or permanent partner2 ship’’ after ‘‘marital union’’; 

3 (2) in subsection (b)— 

4 (A) in paragraph (1), by inserting ‘‘or per5 manent partner’’ after ‘‘spouse’’; and 

6 (B) in paragraph (3), by inserting ‘‘or per7 manent partner’’ after ‘‘spouse’’; 

8 (3) in subsection (d)— 

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

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

11 (B) by inserting ‘‘or permanent partner12 ship’’ after ‘‘marital union’’; 

13 (4) in subsection (e)(1)— 

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

15 after ‘‘spouse’’; 

16 (B) by inserting ‘‘by the Secretary of De17 fense’’ after ‘‘is authorized’’; and 

18 (C) by inserting ‘‘or permanent partner19 ship’’ after ‘‘marital union’’; and 

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

22 (b) SAVINGS PROVISION.—Section 319(e) (8 U.S.C. 

23 1430(e)) is amended by adding at the end the following: 

24 ‘‘(3) Nothing in this subsection may be construed to 

25 confer a right for an alien to accompany a member of the 


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22 

•S 821 IS

1 Armed Forces of the United States or to reside abroad 

2 with such member, except as authorized by the Secretary 

3 of Defense in the member’s official orders.’’. 

4 SEC. 21. APPLICATION OF FAMILY UNITY PROVISIONS TO 

5 PERMANENT PARTNERS OF CERTAIN LIFE 

6 ACT BENEFICIARIES. 

7 Section 1504 of the LIFE Act Amendments of 2000 

8 (division B of Public Law 106–554; 114 Stat. 2763–325) 

9 is amended— 

10 (1) in the heading, by inserting ‘‘, PERMA11 NENT PARTNERS,’’ after ‘‘SPOUSES’’; 

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

13 partner,’’ after ‘‘spouse’’; and 

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

15 (A) in each of the subsection headings, by 

16 inserting ‘‘, PERMANENT PARTNERS,’’ after 

17 ‘‘SPOUSES’’; and 

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

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

20 SEC. 22. APPLICATION TO CUBAN ADJUSTMENT ACT. 

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

22 89–732 (8 U.S.C. 1255 note) is amended— 

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

24 permanent partner,’’ after ‘‘spouse’’ the first 2 

25 places it appears; and 


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•S 821 IS

1 (2) in the last sentence, by inserting ‘‘, perma2 nent partners,’’ after ‘‘spouses’’. 

3 (b) CONFORMING AMENDMENT.—Section 

4 101(a)(51)(D) (8 U.S.C. 1101(a)(51)(D)) is amended by 

5 striking ‘‘or spouse’’ and inserting ‘‘, spouse, or perma6 nent partner’’. 

Æ 


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