I 

118TH CONGRESS 

1ST SESSION H. R. 5560 

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

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 19, 2023 

Ms. CHU (for herself, Mr. SMITH of Washington, Ms. CROCKETT, Ms. 

BONAMICI, Mr. JOHNSON of Georgia, Ms. CLARKE of New York, Ms. 

MENG, Ms. JAYAPAL, Mr. GARCI ́A of Illinois, Ms. SCHAKOWSKY, Mr. 

QUIGLEY, Mr. TAKANO, Mr. CASTRO of Texas, Ms. BARRAGA ́N, Ms. 

WASSERMAN SCHULTZ, Mr. LIEU, Ms. CASTOR of Florida, Ms. TOKUDA, 

Mr. GOMEZ, Ms. MATSUI, Mr. SCHIFF, Ms. OMAR, Mr. RASKIN, Mr. 

FROST, Mr. NADLER, Mr. VARGAS, Mr. KRISHNAMOORTHI, Mr. BOWMAN, Ms. BALINT, Mrs. RAMIREZ, Mr. GREEN of Texas, Ms. 

VELA ́ZQUEZ, Ms. SA ́NCHEZ, Ms. NORTON, Mr. CASAR, Mr. MCGOVERN, 

and Mr. ESPAILLAT) introduced the following bill; which was referred to 

the Committee on the Judiciary 

A BILL 

To amend the Immigration and Nationality Act to promote 

family unity, and for other purposes. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Reuniting Families Act’’. 


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

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—REDUCING FAMILY-BASED VISA BACKLOGS AND 

PROMOTING FAMILY REUNIFICATION 

Sec. 101. Recapture of immigrant visas lost to bureaucratic delay. 

Sec. 102. Reclassification of spouses, permanent partners, and minor children 

of legal permanent residents as immediate relatives. 

Sec. 103. 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 the Philippines. 

Sec. 107. Fiance ́e child status protection. 

Sec. 108. Equal treatment for all stepchildren. 

Sec. 109. Retention of priority dates. 

Sec. 110. Relief for spouses and children on other visas. 

Sec. 111. Extension of the application period for certain aliens present in the 

United States for adjustment of status. 

Sec. 112. Expansion of cancellation of removal. 

Sec. 113. Prohibition on removal of aliens with pending applications. 

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. 

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. 


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

Sec. 222. Application to Cuban Adjustment Act. 

Sec. 223. Nationality at birth. 

TITLE III—PROMOTING DIVERSITY AND PROTECTING AGAINST 

DISCRIMINATION IN OUR IMMIGRATION SYSTEM 

Sec. 301. Increasing diversity visas. 

Sec. 302. Addressing the impact of the Muslim and African bans. 

TITLE IV—ADDRESSING THE NEEDS OF REFUGEE FAMILIES 

Sec. 401. Prioritization of family reunification in refugee resettlement process. 

Sec. 402. Priority 3 family reunification cases. 

Sec. 403. Admission of refugee families and timely adjudication. 

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 


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1 ‘‘(C) the number computed under para2 graph (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 2023.—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 2023; 

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 2023 that were issued 

3 after fiscal year 2023 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 2023.—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 2023; 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 2023 that were issued 

18 after fiscal year 2023 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 22:28 Sep 21, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H5560.IH H5560

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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).’’. 

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

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

7 after the date of the enactment of this Act. 

8 SEC. 102. RECLASSIFICATION OF SPOUSES, PERMANENT 

9 PARTNERS, AND MINOR CHILDREN OF LEGAL 

10 PERMANENT RESIDENTS AS IMMEDIATE REL11 ATIVES. 

12 (a) IN GENERAL.—Section 201(b)(2) of the Immi13 gration and Nationality Act (8 U.S.C. 1151(b)(2)) is 

14 amended to read as follows: 

15 ‘‘(2) IMMEDIATE RELATIVE.— 

16 ‘‘(A) IN GENERAL.— 

17 ‘‘(i) IMMEDIATE RELATIVE DE18 FINED.—In this subparagraph, the term 

19 ‘immediate relative’ means a child, spouse, 

20 permanent partner, or parent of a citizen 

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

22 permanent partner of a lawful permanent 

23 resident (and for each family member of a 

24 citizen or lawful permanent resident under 

25 this subparagraph, such individual’s 


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1 spouse, permanent partner, or child who is 

2 accompanying or following to join the indi3 vidual), except that, in the case of parents, 

4 such citizens shall be at least 21 years of 

5 age. 

6 ‘‘(ii) PREVIOUSLY ISSUED VISA.— 

7 Aliens admitted under section 211(a) on 

8 the basis of a prior issuance of a visa 

9 under section 203(a) to their accom10 panying parent who is an immediate rel11 ative. 

12 ‘‘(iii) PARENTS AND CHILDREN.—An 

13 alien who was the child or parent of a cit14 izen of the United States or a child of a 

15 lawful permanent resident at the time of 

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

17 files a petition under section 

18 204(a)(1)(A)(ii) within 2 years after such 

19 date or prior to reaching 21 years of age. 

20 ‘‘(iv) SPOUSE OR PERMANENT PART21 NER.—An alien who was the spouse or per22 manent partner of a citizen of the United 

23 States or lawful permanent resident for 

24 not less than 2 years at the time of the 

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


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1 for less than 2 years at the time of the 

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

3 preponderance of the evidence that the 

4 marriage or permanent partnership was 

5 entered into in good faith and not solely 

6 for the purpose of obtaining an immigra7 tion benefit and was not legally separated 

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

9 of a permanent partnership, whose perma10 nent partnership was not terminated) at 

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

12 death, and each child of such alien, shall 

13 be considered, for purposes of this sub14 section, an immediate relative after the 

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

16 the spouse or permanent partner files a pe17 tition under section 204(a)(1)(A)(ii) before 

18 the date on which the spouse or permanent 

19 partner remarries or enters a permanent 

20 partnership with another person. 

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

22 this subparagraph, an alien who has filed 

23 a petition under clause (iii) or (iv) of sec24 tion 204(a)(1)(A) remains an immediate 

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1 ful permanent resident spouse, permanent 

2 partner, or parent loses United States citi3 zenship or residence on account of the 

4 abuse. 

5 ‘‘(B) BIRTH DURING TEMPORARY VISIT

6 ABROAD.—Aliens born to an alien lawfully ad7 mitted for permanent residence during a tem8 porary visit abroad.’’. 

9 (b) ALLOCATION OF IMMIGRANT VISAS.—Section 

10 203(a) of the Immigration and Nationality Act (8 U.S.C. 

11 1153(a)) is amended— 

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

13 inserting ‘‘127,200’’; 

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

15 following: 

16 ‘‘(2) UNMARRIED SONS WITHOUT PERMANENT

17 PARTNERS AND UNMARRIED DAUGHTERS WITHOUT

18 PERMANENT PARTNERS OF PERMANENT RESIDENT

19 ALIENS.—Qualified immigrants who are the unmar20 ried sons without permanent partners or unmarried 

21 daughters without permanent partners (but are not 

22 the children) of an alien lawfully admitted for per23 manent residence shall be allocated visas in a num24 ber not to exceed 80,640, plus any visas not required 

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


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

2 inserting ‘‘80,640’’; and 

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

4 inserting ‘‘191,520’’. 

5 (c) TECHNICAL AND CONFORMING AMENDMENTS.— 

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

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

9 U.S.C. 1151(f)) is amended— 

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

12 (2),’’; 

13 (B) by striking paragraph (2); 

14 (C) by redesignating paragraphs (3) and 

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

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

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

18 and inserting ‘‘and (2)’’. 

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

21 (8 U.S.C. 1153(h)) is amended— 

22 (A) in paragraph (1)— 

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


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

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

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

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

6 which an immigrant visa number became 

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

9 parent,’’; and 

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

11 ‘‘applicable’’; 

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

13 follows: 

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

16 section 204 for classification of the alien’s parent 

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

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

21 (3) PROCEDURE FOR GRANTING IMMIGRANT

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

24 (A) in subsection (a)(1)— 

25 (i) in subparagraph (A)— 


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

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

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

5 ‘‘described in the second sentence of 

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

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

9 (III) in clause (iii)— 

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

11 inserting ‘‘or legal permanent 

12 resident’’ after ‘‘citizen’’; and 

13 (bb) in subclause (II)(aa)— 

14 (AA) in subitems (AA) 

15 and (BB), by inserting ‘‘or 

16 legal permanent resident;’’ 

17 after ‘‘citizen’’ each place 

18 that term appears; 

19 (BB) in subitem (CC), 

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

23 appears; and 

24 (CC) in subitem 

25 (CC)(bbb), by inserting ‘‘or 


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1 legal permanent resident’’ 

2 after ‘‘citizenship’’; 

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

4 ‘‘or legal permanent resident’’ after 

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

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

8 ‘‘or legal permanent resident’’ after 

9 ‘‘citizen’’; and 

10 (VI) in clause (vi)— 

11 (aa) by inserting ‘‘or legal 

12 permanent resident status’’ after 

13 ‘‘renunciation of citizenship’’; 

14 and 

15 (bb) by inserting ‘‘or legal 

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

18 (ii) by striking subparagraph (B); 

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

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

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

22 of subparagraph (A)’’; and 

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

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

25 (B)’’; 


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

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

4 preference status’’; and 

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

7 SEC. 103. COUNTRY LIMITS. 

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

9 Act (8 U.S.C. 1152(a)(2)) is amended by striking ‘‘7 per10 cent (in the case of a single foreign state) or 2 percent’’ 

11 and inserting ‘‘20 percent (in the case of a single foreign 

12 state) or 5 percent’’. 

13 SEC. 104. PROMOTING FAMILY UNITY. 

14 (a) REPEAL OF THREE- AND TEN-YEAR AND PERMA15 NENT BARS.—Section 212(a)(9) of the Immigration and 

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

17 as follows: 

18 ‘‘(9) ALIENS PREVIOUSLY REMOVED.— 

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

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

21 or at the end of proceedings under section 240 

22 initiated upon the alien’s arrival in the United 

23 States and who again seeks admission within 5 

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

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1 moval or at any time in the case of an alien 

2 convicted of an aggravated felony) is inadmis3 sible. 

4 ‘‘(B) OTHER ALIENS.—Any alien not de5 scribed in subparagraph (A), and who seeks ad6 mission within 10 years of the date of such 

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

8 of such date in the case of a second or subse9 quent removal or at any time in the case of an 

10 alien convicted of an aggravated felony), is in11 admissible if the alien— 

12 ‘‘(i) has been ordered removed under 

13 section 240 or any other provision of law; 

14 or 

15 ‘‘(ii) departed the United States while 

16 an order of removal was outstanding. 

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

18 and (B) shall not apply to an alien seeking ad19 mission within a period if, prior to the date of 

20 the alien’s reembarkation at a place outside the 

21 United States or attempt to be admitted from 

22 foreign contiguous territory, the Secretary of 

23 Homeland Security has consented to the alien’s 

24 reapplying for admission.’’. 


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1 (b) MISREPRESENTATIONS.—The Immigration and 

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

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

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

5 ‘‘(ii) MISREPRESENTATION OF CITI6 ZENSHIP.— 

7 ‘‘(I) IN GENERAL.—Any alien 

8 who willfully misrepresents, or has 

9 willfully misrepresented, himself or 

10 herself to be a citizen of the United 

11 States for any purpose or benefit 

12 under this Act (including section 

13 274A) or any Federal or State law is 

14 inadmissible. 

15 ‘‘(II) EXCEPTION.—In the case 

16 of an alien making a misrepresenta17 tion described in subclause (I), if the 

18 alien was under the age of 21 at the 

19 time of making such misrepresenta20 tion that he or she was a citizen, the 

21 alien shall not be considered to be in22 admissible under any provision of this 

23 subsection based on such misrepresen24 tation.’’; 


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

2 1182(a)(6)(C)(iii)), by striking ‘‘of clause (i)’’; 

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

4 212 (8 U.S.C. 1182(i)(1)) to read as follows: 

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

6 Homeland Security may, in the discretion of the Attorney 

7 General or the Secretary, waive the application of sub8 section (a)(6)(C) in the case of an immigrant who is the 

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

10 United States citizen or of an alien lawfully admitted for 

11 permanent residence, or an alien granted classification 

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

13 established to the satisfaction of the Attorney General or 

14 the Secretary that the admission to the United States of 

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

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

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

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

19 ‘‘(D) MISREPRESENTATION OF CITIZEN20 SHIP.— 

21 ‘‘(i) IN GENERAL.—Any alien who 

22 willfully misrepresents, or has willfully mis23 represented, himself to be a citizen of the 

24 United States for any purpose or benefit 


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1 under this Act (including section 274A) or 

2 any Federal or State law is deportable. 

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

4 alien making a misrepresentation described 

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

6 age of 21 at the time of making such mis7 representation that he or she was a citizen, 

8 the alien shall not be considered to be de9 portable under any provision of this sub10 section based on such misrepresentation.’’. 

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

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

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

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

15 Secretary of Homeland Security or the Attorney General 

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

17 inadmissibility set forth in this section for humanitarian 

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

19 in the public interest. This waiver shall be available to in20 dividuals eligible for relief under subsection (h).’’. 

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

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

23 amended by adding at the end the following: 

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

25 Secretary of Homeland Security or the Attorney General 


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

2 removal set forth in this section for humanitarian pur3 poses, to assure family unity, or when it is otherwise in 

4 the public interest.’’. 

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

6 (a) IN GENERAL.— 

7 (1) SPECIAL RULE FOR ORPHANS, SPOUSES, 

8 AND PERMANENT PARTNERS.—In applying clauses 

9 (iii) and (iv) of section 201(b)(2)(A) of the Immigra10 tion and Nationality Act, as added by section 102(a) 

11 of this Act, to an alien whose citizen or lawful per12 manent resident relative died before the date of the 

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

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

15 of such Act, as amended by section 

16 102(c)(4)(A)(i)(II) of this Act, not later than 2 

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

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

19 excluded, deported, removed, or departed voluntarily 

20 before the date of the enactment of this Act based 

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

22 immediate relative (as defined in section 

23 201(b)(2)(A)(iv) of the Immigration and Nationality 

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

25 to the death of such citizen or resident— 


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1 (A) such alien shall be eligible for parole 

2 into the United States pursuant to the Sec3 retary of Homeland Security’s discretionary au4 thority under section 212(d)(5) of such Act (8 

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

6 (B) such alien’s application for adjustment 

7 of status shall be considered notwithstanding 

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

9 1182(a)(9)). 

10 (3) ELIGIBILITY FOR PAROLE.—If an alien de11 scribed in section 204(l) of the Immigration and Na12 tionality Act (8 U.S.C. 1154(l)), was excluded, de13 ported, removed, or departed voluntarily before the 

14 date of the enactment of this Act— 

15 (A) such alien shall be eligible for parole 

16 into the United States pursuant to the Sec17 retary of Homeland Security’s discretionary au18 thority under section 212(d)(5) of such Act (8 

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

20 (B) such alien’s application for adjustment 

21 of status shall be considered notwithstanding 

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

23 1182(a)(9)). 

24 (b) PROCESSING OF IMMIGRANT VISAS AND DERIVA25 TIVE PETITIONS.— 


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

3 amended— 

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

5 and inserting the following: 

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

7 and 

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

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

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

11 subparagraph (B) whose qualifying relative died 

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

14 adjudicated as if such death had not occurred. 

15 An immigrant visa issued before the death of 

16 the qualifying relative shall remain valid after 

17 such death. 

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

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

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

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

24 section 203); 


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

2 employment-based immigrant under section 

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

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

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

8 (2) TRANSITION PERIOD.— 

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

12 died before the date of the enactment of this 

13 Act, such application may be renewed by the 

14 alien through a motion to reopen, without fee. 

15 (B) INAPPLICABILITY OF BARS TO

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

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

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

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

22 Act. 

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


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

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

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

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

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

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

7 after ‘‘marital union’’. 

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

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

10 amended— 

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

12 as subsection (u); and 

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

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

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

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

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

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

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

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


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

2 1154(l)(1)) is amended— 

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

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

6 States’’; and 

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

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

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

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

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

13 after such date’’. 

14 (g) FAMILY-SPONSORED IMMIGRANTS.—Section 

15 212(a)(4)(C)(i) is amended— 

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

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

19 end; and 

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

21 ‘‘(IV) the status as a surviving 

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


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1 SEC. 106. EXEMPTION FROM IMMIGRANT VISA LIMIT FOR 

2 CERTAIN VETERANS WHO ARE NATIVES OF 

3 THE 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 22:28 Sep 21, 2023 Jkt 039200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\H5560.IH H5560

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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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•HR 5560 IH

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 SEC. 110. RELIEF FOR SPOUSES AND CHILDREN ON OTHER 

11 VISAS. 

12 (a) WORK AUTHORIZATION FOR HOLDERS.—Section 

13 214 of the Immigration and Nationality Act (8 U.S.C. 

14 1184) is amended by adding at the end the following: 

15 ‘‘(s) In the case of an alien spouse or child over the 

16 age of 16 admitted under subparagraphs (E), (H), (L), 

17 and (O) of section 101(a)(15)(H) who is accompanying 

18 or following to join a principle alien admitted under such 

19 section, the Secretary shall authorize such nonimmigrant 

20 to engage in employment in the United States and provide 

21 the nonimmigrant with an ‘employment authorized’ en22 dorsement or other appropriate work permit.’’. 

23 (b) PROTECTING H–4 CHILDREN WHO AGE OUT OF

24 STATUS.— 


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1 (1) Section 214(g)(4) of the Immigration and 

2 Nationality Act (8 U.S.C. 1184(g)) is amending by 

3 inserting at the end ‘‘The following exceptions apply: 

4 ‘‘(A) Any alien who— 

5 ‘‘(i) is the beneficiary of a petition 

6 filed under section 204(a) of that Act for 

7 a preference status under paragraph (1), 

8 (2), or (3) of section 203(b) of that Act; 

9 and 

10 ‘‘(ii) is eligible to be granted that sta11 tus but for application of the per country 

12 limitations applicable to immigrants under 

13 those paragraphs, may apply for, and the 

14 Attorney General may grant, an extension 

15 of such nonimmigrant status until the 

16 alien’s application for adjustment of status 

17 has been processed and a decision made 

18 thereon. 

19 ‘‘(B) The children, accompanying or fol20 lowing to join, an alien described in (A) shall be 

21 eligible to apply for and receive an extension of 

22 their nonimmigrant status, regardless of their 

23 age, so long as— 


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1 ‘‘(i) the parent of a minor described 

2 in (A) maintains their nonimmigrant sta3 tus; and 

4 ‘‘(ii) the alien was under 18 years of 

5 age when they were first granted non6 immigrant status as an alien accom7 panying or following to join, the non8 immigrant parent.’’. 

9 (2) Section 203(h) of the Immigration and Na10 tionality Act (8 U.S.C. 1153(h)) is amended by in11 serting at the end of the paragraph: 

12 ‘‘(5) Notwithstanding paragraph (1), a deter13 mination of whether an alien described under section 

14 204(g)(4)(B) satisfies the age requirement for pur15 poses of a derivative visa or adjustment of status ap16 plication under paragraph (1), (2), or (3) of section 

17 203(b) of the of the Immigration and Nationality 

18 Act shall be made using the age of the alien on the 

19 date the petitioner files a petition on behalf of the 

20 parent beneficiary with the Secretary of Homeland 

21 Security (or the Secretary of State, if applicable), 

22 unless the filing of the petition was preceded by the 

23 filing of a labor certification with the Secretary of 

24 Labor, in which case that date shall be used to iden25 tify the age.’’. 


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1 SEC. 111. EXTENSION OF THE APPLICATION PERIOD FOR 

2 CERTAIN ALIENS PRESENT IN THE UNITED 

3 STATES FOR ADJUSTMENT OF STATUS. 

4 Section 245(i) of the Immigration and Nationality 

5 Act (8 U.S.C. 1255(i)) is amended— 

6 (1) in paragraph (1)— 

7 (A) in subparagraph (A), in the undesig8 nated matter following clause (ii), by striking 

9 the semicolon and inserting ‘‘; and’’; 

10 (B) in subparagraph (B)— 

11 (i) in clause (i), by striking ‘‘April 30, 

12 2001’’ and inserting ‘‘the date that is not 

13 later than 5 years after the date of the en14 actment of the Reuniting Families Act’’; 

15 and 

16 (ii) in clause (ii), by striking ‘‘; and’’ 

17 and inserting a period; and 

18 (C) by striking subparagraph (C); and 

19 (2) by amending paragraph (3)(B) to read as 

20 follows: 

21 ‘‘(B) Any remaining portion of such fees remitted 

22 under such paragraphs shall be deposited into the Immi23 gration Examinations Fee Account established under sec24 tion 286(m).’’. 


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1 SEC. 112. EXPANSION OF CANCELLATION OF REMOVAL. 

2 (a) IN GENERAL.—Section 240A of the Immigration 

3 and Nationality Act (8 U.S.C. 1229b) is amended— 

4 (1) in subsection (b)— 

5 (A) in paragraph (1)— 

6 (i) in subparagraph (A), by striking 

7 ‘‘10’’ and inserting ‘‘7’’; and 

8 (ii) by amending subparagraph (D) to 

9 read as follows: 

10 ‘‘(D) establishes that removal would result 

11 in extreme hardship to— 

12 ‘‘(i) the alien; or 

13 ‘‘(ii) the alien’s spouse or permanent 

14 partner, parent, or child who is a citizen of 

15 the United States or an alien lawfully ad16 mitted for permanent residence.’’; and 

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

18 ‘‘(7) AFFIRMATIVE APPLICATION PROCESS.— 

19 ‘‘(A) IN GENERAL.—The Secretary of 

20 Homeland Security may cancel the removal of, 

21 and adjust to the status of an alien lawfully ad22 mitted for permanent residence, an alien de23 scribed in paragraph (1) or (2), who— 

24 ‘‘(i) demonstrates that the alien is the 

25 spouse, permanent partner, parent, son or 


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1 daughter, or legal guardian of a citizen of 

2 the United States; and 

3 ‘‘(ii) submits to the Secretary of 

4 Homeland Security an application at such 

5 time, in such manner, and containing such 

6 information as the Secretary may reason7 ably require. 

8 ‘‘(B) NUMERICAL LIMITATIONS.—Notwith9 standing any other provision of law, an alien 

10 admitted to the United States under this sec11 tion shall not be subject to any numerical limi12 tation.’’; and 

13 (2) by striking subsection (e). 

14 (b) REGULATIONS.—The Secretary of Homeland Se15 curity shall promulgate regulations setting forth proce16 dures and requirements with respect to the processing and 

17 adjudication of affirmative applications for cancellation of 

18 removal under paragraph (7) of section 240A(b) of the 

19 Immigration and Nationality Act (8 U.S.C. 1229b(b)), as 

20 added by subsection (a)(1)(B). 

21 SEC. 113. PROHIBITION ON REMOVAL OF ALIENS WITH 

22 PENDING APPLICATIONS. 

23 (a) IN GENERAL.—Section 235 of the Immigration 

24 and Nationality Act (8 U.S.C. 1225) is amended— 


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1 (1) in the section heading, by inserting ‘‘; PRO2 HIBITION ON REMOVAL’’ after ‘‘HEARING’’; and 

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

4 ‘‘(e) PROHIBITION ON REMOVAL OF ALIENS WITH

5 CERTAIN PENDING PETITIONS AND APPLICATIONS.— 

6 ‘‘(1) BENEFICIARIES OF PETITIONS FOR IMMI7 GRANT VISAS.—An alien who is the beneficiary (in8 cluding a spouse or child of the principal alien, if eli9 gible to receive a visa under section 203(d)) of a pe10 tition for classification under section 204 that was 

11 filed with the Secretary of Homeland Security and 

12 who is prima facie eligible for approval may not be 

13 removed while such petition or application is pending 

14 or a decision on such petition or application is on 

15 appeal. 

16 ‘‘(2) APPLICANTS FOR CERTAIN NONIMMIGRANT

17 AND SPECIAL IMMIGRANT CLASSIFICATIONS AND

18 CANCELLATION OF REMOVAL.—An applicant for 

19 classification as a nonimmigrant described in sub20 paragraph (T), (U), or (V) of section 101(a)(15), an 

21 applicant for classification as a special immigrant 

22 under section 101(a)(27)(J), or an applicant for 

23 cancellation of removal under section 240A may not 

24 be removed while such application is pending or a 

25 decision on such application is on appeal.’’. 


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1 (b) CONFORMING AMENDMENT.—The table of con2 tents at the beginning of the Immigration and Nationality 

3 Act (8 U.S.C. 1101 et seq.) is amended by striking the 

4 item relating to section 235 and inserting the following: 

‘‘Sec. 235. Inspection by immigration officers; expedited removal of inadmissible arriving aliens; referral for hearing; prohibition on removal.’’. 

5 TITLE II—UNITING AMERICAN 

6 FAMILIES ACT 

7 SEC. 201. DEFINITIONS OF PERMANENT PARTNER AND 

8 PERMANENT PARTNERSHIP. 

9 Section 101(a) of the Immigration and Nationality 

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

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

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

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

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

15 individual 18 years of age or older who— 

16 ‘‘(A) is in a committed, intimate relation17 ship with another individual 18 years of age or 

18 older in which both parties intend a lifelong 

19 commitment; 

20 ‘‘(B) is financially interdependent with 

21 that other individual, unless the Secretary of 

22 Homeland Security or the Secretary of State 

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


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1 the requirement under this subparagraph is un2 reasonable; 

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

4 partnership with anyone other than that other 

5 individual; 

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

7 individual a marriage cognizable under this Act; 

8 and 

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

10 blood relation of that other individual. 

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

12 the relationship that exists between two permanent 

13 partners. 

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

15 means the individual in a permanent partnership 

16 who is being sponsored for a visa’’. 

17 SEC. 202. DEFINITION OF CHILD. 

18 (a) TITLES I AND II.—Section 101(b)(1) of the Im19 migration and Nationality Act (8 U.S.C. 1101(b)(1)) is 

20 amended by adding at the end the following: 

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

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

23 time the permanent partnership was formed; or 

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

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


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

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

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

4 permanent partnership was formed.’’. 

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

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

7 (1) in paragraph (1), by inserting ‘‘or as de8 scribed in subsection (b)(1)(H)’’ after ‘‘The term 

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

10 years of age’’; and 

11 (2) in paragraph (2), by inserting ‘‘or a de12 ceased permanent partner of the deceased parent, 

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

14 and mother’’. 

15 SEC. 203. NUMERICAL LIMITATIONS ON INDIVIDUAL FOR16 EIGN STATES. 

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

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

19 1152(a)(4)) is amended— 

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

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

22 (2) in the heading of subparagraph (A), by in23 serting ‘‘, PERMANENT PARTNERS,’’ after 

24 ‘‘SPOUSES’’; and 


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

2 striking ‘‘AND DAUGHTERS’’ and inserting ‘‘WITH3 OUT PERMANENT PARTNERS AND UNMARRIED

4 DAUGHTERS WITHOUT PERMANENT PARTNERS’’. 

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

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

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

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

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

10 ‘‘husband and wife’’. 

11 SEC. 204. ALLOCATION OF IMMIGRANT VISAS. 

12 (a) PREFERENCE ALLOCATION FOR SONS AND

13 DAUGHTERS OF CITIZENS.—Section 203(a)(3) of the Im14 migration and Nationality Act (8 U.S.C. 1153(a)(3)) is 

15 amended— 

16 (1) in the heading, by inserting ‘‘AND DAUGH17 TERS AND SONS WITH PERMANENT PARTNERS’’ after 

18 ‘‘DAUGHTERS’’; and 

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

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

21 (b) EMPLOYMENT CREATION.—Section 

22 203(b)(5)(A)(ii) of such Act (8 U.S.C. 1153(b)(5)(A)(ii)) 

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

24 ‘‘spouse,’’. 


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1 (c) TREATMENT OF FAMILY MEMBERS.—Section 

2 203(d) of such Act (8 U.S.C. 1153(d)) is amended— 

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

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

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

6 (H)’’. 

7 SEC. 205. PROCEDURE FOR GRANTING IMMIGRANT STATUS. 

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

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

10 1154(a)(1)) is amended— 

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

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

13 (2) in subparagraph (A)(iii)— 

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

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

16 (B) in subclause (I), by inserting ‘‘or per17 manent partnership’’ after ‘‘marriage’’ each 

18 place it appears; 

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

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

21 (4) in subparagraph (A)(vi)— 

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

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

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

25 after ‘‘spouse’’; and 


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1 (5) in subparagraph (B)— 

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

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

4 (B) by inserting ‘‘or permanent partner5 ship’’ after ‘‘marriage’’ in clause (ii)(I)(aa) and 

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

7 and 

8 (C) in clause (ii)(II)(aa)(CC)(bbb), by in9 serting ‘‘(or the termination of the permanent 

10 partnership)’’ after ‘‘termination of the mar11 riage’’. 

12 (b) IMMIGRATION FRAUD PREVENTION.—Section 

13 204(c) of such Act (8 U.S.C. 1154(c)) is amended— 

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

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

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

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

18 (c) RESTRICTIONS ON PETITIONS BASED ON MAR19 RIAGES ENTERED WHILE IN EXCLUSION OR DEPORTA20 TION PROCEEDINGS.—Section 204(g) of such Act (8 

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

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

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

24 204(h) of such Act (8 U.S.C. 1154(h)) is amended— 


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

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

3 (2) by inserting ‘‘or formation of a new perma4 nent partnership’’ after ‘‘Remarriage’’. 

5 SEC. 206. ANNUAL ADMISSION OF REFUGEES AND ADMIS6 SION OF EMERGENCY SITUATION REFUGEES. 

7 Section 207(c) of the Immigration and Nationality 

8 Act (8 U.S.C. 1157(c)) is amended— 

9 (1) in paragraph (2)— 

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

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

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

13 after ‘‘spouse’s’’; and 

14 (C) in subparagraph (A)— 

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

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

17 ‘‘(E)’’; and 

18 (2) in paragraph (4), by inserting ‘‘or perma19 nent partner’’ after ‘‘spouse’’. 

20 SEC. 207. ASYLUM. 

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

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

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

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

25 (2) in subparagraph (A)— 


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

2 after ‘‘spouse’’; 

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

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

5 SEC. 208. ADJUSTMENT OF STATUS OF REFUGEES. 

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

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

8 permanent partner’’ after ‘‘spouse’’. 

9 SEC. 209. INADMISSIBLE ALIENS. 

10 (a) CLASSES OF ALIENS INELIGIBLE FOR VISAS OR

11 ADMISSION.—Section 212(a) of the Immigration and Na12 tionality Act (8 U.S.C. 1182(a)) is amended— 

13 (1) in paragraph (3)(D)(iv), by inserting ‘‘per14 manent partner,’’ after ‘‘spouse,’’; 

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

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

17 (3) in paragraph (6)(E)(ii), by inserting ‘‘per18 manent partner,’’ after ‘‘spouse,’’; and 

19 (4) in paragraph (9)(B)(v), by inserting ‘‘, per20 manent partner,’’ after ‘‘spouse’’. 

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

22 1182(d)) is amended— 

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

24 partner,’’ after ‘‘spouse,’’; and 


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1 (2) in paragraph (12), by inserting ‘‘, perma2 nent partner,’’ after ‘‘spouse’’. 

3 (c) WAIVERS OF INADMISSIBILITY ON HEALTH-RE4 LATED GROUNDS.—Section 212(g)(1)(A) of such Act (8 

5 U.S.C. 1182(g)(1)(A)) is amended by inserting ‘‘or per6 manent partner’’ after ‘‘spouse’’. 

7 (d) WAIVERS OF INADMISSIBILITY ON CRIMINAL AND

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

9 (8 U.S.C. 1182(h)(1)(B)) is amended by inserting ‘‘per10 manent partner,’’ after ‘‘spouse,’’. 

11 (e) WAIVER OF INADMISSIBILITY FOR MISREPRESEN12 TATION.—Section 212(i)(1) of such Act (8 U.S.C. 

13 1182(i)(1)) is amended by inserting ‘‘permanent partner,’’ 

14 after ‘‘spouse,’’. 

15 SEC. 210. NONIMMIGRANT STATUS FOR PERMANENT PART16 NERS AWAITING THE AVAILABILITY OF AN 

17 IMMIGRANT VISA. 

18 Section 214 of the Immigration and Nationality Act 

19 (8 U.S.C. 1184) is amended— 

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

22 (2) in subsection (r)— 

23 (A) in paragraph (1), by inserting ‘‘or per24 manent partner’’ after ‘‘spouse’’; and 


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1 (B) by inserting ‘‘or permanent partner2 ship’’ after ‘‘marriage’’ each place it appears. 

3 SEC. 211. DERIVATIVE STATUS FOR PERMANENT PART4 NERS OF NONIMMIGRANT VISA HOLDERS. 

5 Section 101(a)(15) of the Immigration and Nation6 ality Act (8 U.S.C. 1101(a)(15)) is amended— 

7 (1) in subparagraph (A)— 

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

9 shall include permanent partners’’ after ‘‘imme10 diate family’’; 

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

12 shall include permanent partners’’ after ‘‘imme13 diate families’’; and 

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

15 shall include permanent partners,’’ after ‘‘im16 mediate families,’’; 

17 (2) in subparagraph (E), by inserting ‘‘or per18 manent partner’’ after ‘‘spouse’’; 

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

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

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

22 which shall include his or her permanent partner’’ 

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


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

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

3 members of their immediate families’’; 

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

5 which shall include his permanent partner,’’ after 

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

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

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

9 members of their immediate families’’; 

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

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

12 members of the immediate families’’; 

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

15 (10) in subparagraph (I), by inserting ‘‘or per16 manent partner’’ after ‘‘spouse’’; 

17 (11) in subparagraph (J), by inserting ‘‘or per18 manent partner’’ after ‘‘spouse’’; 

19 (12) in subparagraph (L), by inserting ‘‘or per20 manent partner’’ after ‘‘spouse’’; 

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

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

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

24 permanent partner’’ after ‘‘spouse’’; 


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

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

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

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

5 (17) in subparagraph (R), by inserting ‘‘or per6 manent partner’’ after ‘‘spouse’’; 

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

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

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

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

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

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

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

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

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

17 (23) in subparagraph (V), by inserting ‘‘perma18 nent partner or’’ after ‘‘beneficiary (including a’’. 

19 SEC. 212. CONDITIONAL PERMANENT RESIDENT STATUS 

20 FOR CERTAIN ALIEN SPOUSES, PERMANENT 

21 PARTNERS, AND SONS AND DAUGHTERS. 

22 (a) SECTION HEADING.— 

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

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


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1 1186a) is amended by inserting ‘‘AND PERMANENT

2 PARTNERS’’ after ‘‘SPOUSES’’. 

3 (2) CLERICAL AMENDMENT.—The table of con4 tents of such Act is amended by amending the item 

5 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.’’. 

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

7 U.S.C. 1186a(a)) is amended— 

8 (1) in paragraph (1), by inserting ‘‘or perma9 nent partner’’ after ‘‘spouse’’; 

10 (2) in paragraph (2)(A), by inserting ‘‘or per11 manent partner’’ after ‘‘spouse’’; 

12 (3) in paragraph (2)(B), by inserting ‘‘perma13 nent partner,’’ after ‘‘spouse,’’; and 

14 (4) in paragraph (2)(C), by inserting ‘‘perma15 nent partner,’’ after ‘‘spouse,’’. 

16 (c) TERMINATION OF STATUS IF FINDING THAT

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

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

19 (1) in the heading, by inserting ‘‘OR PERMA20 NENT PARTNERSHIP’’ after ‘‘MARRIAGE’’; 

21 (2) in paragraph (1)(A), by inserting ‘‘or per22 manent partnership’’ after ‘‘marriage’’; and 

23 (3) in paragraph (1)(A)(ii)— 


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

2 the criteria for being considered a permanent 

3 partnership under this Act,’’ after ‘‘termi4 nated,’’; and 

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

6 after ‘‘spouse’’. 

7 (d) REQUIREMENTS OF TIMELY PETITION AND

8 INTERVIEW FOR REMOVAL OF CONDITION.—Section 

9 216(c) of such Act (8 U.S.C. 1186a(c)) is amended— 

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

11 (3)(C), (4)(B), and (4)(C), by inserting ‘‘or perma12 nent partner’’ after ‘‘spouse’’ each place it appears; 

13 and 

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

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

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

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

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

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

20 (1) in the heading of subparagraph (A), by in21 serting ‘‘OR PERMANENT PARTNERSHIP’’ after ‘‘MAR22 RIAGE’’; 

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

24 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 the heading for paragraph (2), by insert17 ing ‘‘, PERMANENT PARTNER,’’ after ‘‘SPOUSE’’; and 

18 (2) in paragraph (2)(A), by inserting ‘‘, perma19 nent partner,’’ after ‘‘spouse’’ each place it appears. 

20 SEC. 217. ADJUSTMENT OF STATUS OF NONIMMIGRANT TO 

21 THAT OF PERSON ADMITTED FOR PERMA22 NENT RESIDENCE. 

23 (a) PROHIBITION ON ADJUSTMENT OF STATUS.— 

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


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

2 partnership’’ after ‘‘marriage’’. 

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

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

5 (1) in paragraph (1), by inserting ‘‘or perma6 nent partnership’’ after ‘‘marriage’’; and 

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

8 paragraph: 

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

10 apply with respect to a permanent partnership if the alien 

11 establishes by clear and convincing evidence to the satis12 faction of the Secretary of Homeland Security that the 

13 permanent partnership was entered into in good faith and 

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

15 partnership was not entered into for the purpose of pro16 curing the alien’s admission as an immigrant and no fee 

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

18 consideration to an attorney for assistance in preparation 

19 of a lawful petition) for the filing of a petition under sec20 tion 204(a) or 214(d) with respect to the alien permanent 

21 partner. In accordance with regulations, there shall be 

22 only one level of administrative appellate review for each 

23 alien under the previous sentence.’’. 

24 (c) ADJUSTMENT OF STATUS FOR CERTAIN ALIENS

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


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1 1255(i)(1)) is amended by inserting ‘‘or permanent part2 ner’’ after ‘‘spouse’’ each place it appears. 

3 (d) ADJUSTMENT OF STATUS FOR CERTAIN ALIEN

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

5 1255(j)) is amended— 

6 (1) in paragraph (1)— 

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

8 after ‘‘spouse’’; and 

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

10 and without permanent partners,’’ after 

11 ‘‘daughters,’’; and 

12 (2) in paragraph (2)— 

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

14 after ‘‘spouse’’; and 

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

16 and without permanent partners,’’ after 

17 ‘‘daughters,’’. 

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

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

20 ‘‘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’’. 


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1 SEC. 223. NATIONALITY AT BIRTH. 

2 Section 301 of the Immigration and Nationality Act 

3 (8 U.S.C. 1401) is amended by adding at the end the fol4 lowing: 

5 ‘‘(i) Any reference to ‘‘a person born of parents’’ in 

6 this section shall include the following: 

7 ‘‘(1) Any legally recognized parent-child rela8 tionship formed within the first year of a person’s 

9 life regardless of any genetic or gestational relation10 ship. 

11 ‘‘(2) Either parent of a child born through As12 sisted Reproductive Technology who is legally recog13 nized as a parent in the relevant jurisdiction regard14 less of any genetic or gestational relationship. 

15 ‘‘(3) The spouse of a parent at the time of 

16 birth, where both of the following apply: 

17 ‘‘(A) At least one parent is a legally recog18 nized parent. 

19 ‘‘(B) The marriage occurred before the 

20 child’s birth and is recognized in the United 

21 States, regardless of where the parents reside.’’. 


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1 TITLE III—PROMOTING DIVER2 SITY AND PROTECTING 

3 AGAINST DISCRIMINATION IN 

4 OUR IMMIGRATION SYSTEM 

5 SEC. 301. INCREASING DIVERSITY VISAS. 

6 Section 201(e) of the Immigration and Nationality 

7 Act (8 U.S.C. 1151(e)) is amended by striking ‘‘55,000’’ 

8 and inserting ‘‘80,000’’. 

9 SEC. 302. ADDRESSING THE IMPACT OF THE MUSLIM AND 

10 AFRICAN BANS. 

11 Section 201 of the Immigration and Nationality Act 

12 (8 U.S.C. 1151) is amended by adding at the end the fol13 lowing: 

14 ‘‘(g) DIVERSITY VISAS.—Notwithstanding section 

15 204(a)(1)(I)(ii)(II), an immigrant visa for an alien se16 lected in accordance with section 203(e)(2) in fiscal year 

17 2017, 2018, 2019, 2020, 2021, or 2022 shall remain 

18 available to such alien (and the spouse and children of 

19 such alien) if— 

20 ‘‘(1) the alien was refused a visa, prevented 

21 from seeking admission, or denied admission to the 

22 United States solely because of Executive Order 

23 13769, Executive Order 13780, Presidential Procla24 mation 9645, or Presidential Proclamation 9983; or 


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1 ‘‘(2) because of restrictions or limitations on 

2 visa processing, visa issuance, travel, or other effects 

3 associated with the COVID–19 public health emer4 gency— 

5 ‘‘(A) the alien was unable to receive a visa 

6 interview despite submitting an Online Immi7 grant Visa and Alien Registration Application 

8 (Form DS–260) to the Secretary of State; or 

9 ‘‘(B) the alien was unable to seek admis10 sion or was denied admission to the United 

11 States despite being approved for a visa under 

12 section 203(c).’’. 

13 TITLE IV—ADDRESSING THE 

14 NEEDS OF REFUGEE FAMILIES 

15 SEC. 401. PRIORITIZATION OF FAMILY REUNIFICATION IN 

16 REFUGEE RESETTLEMENT PROCESS. 

17 (a) IN GENERAL.—The Secretary of State shall 

18 prioritize refugees seeking reunification with relatives liv19 ing in the United States, regardless of the nationality of 

20 such refugees. 

21 (b) REGULATIONS.— 

22 (1) IN GENERAL.—The Secretary of State, in 

23 consultation with the Secretary of Homeland Secu24 rity, shall promulgate regulations to ensure that an 

25 individual seeking admission to the United States as 


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1 a refugee shall not be excluded from being inter2 viewed for refugee status based on— 

3 (A) a close family relationship to a citizen 

4 or lawful permanent resident of the United 

5 States; 

6 (B) a potential qualification of the indi7 vidual for an immigrant visa; or 

8 (C) a pending application by the individual 

9 for admission to the United States. 

10 (2) SIMULTANEOUS CONSIDERATION.—The reg11 ulations promulgated under paragraph (1) shall en12 sure that an applicant for admission as a refugee is 

13 permitted to pursue simultaneously admission to the 

14 United States— 

15 (A) as a refugee; and 

16 (B) under any visa category for which the 

17 applicant may be eligible. 

18 (c) NOTICE OF SEPARATE TRAVEL.—In the case of 

19 an applicant for admission under section 207 of the Immi20 gration and Nationality Act (8 U.S.C. 1157) the applica21 tion of whom is placed on hold for more than three months 

22 and one or more members of the family of the applicant 

23 have separate pending applications for admission under 

24 such section, the Secretary of Homeland Security shall— 


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1 (1) notify any individual on that case who is eli2 gible to travel separately of the option to separate 

3 the case of the individual from the family unit; and 

4 (2) permit the individual to travel based on the 

5 satisfaction by the individual of all security and 

6 other requirements for a refugee application. 

7 (d) USE OF EMBASSY REFERRALS.— 

8 (1) IN GENERAL.—The Secretary of State shall 

9 set forth a plan to ensure that each United States 

10 embassy and consulate is equipped and enabled to 

11 refer individuals in need of resettlement to the 

12 United States refugee admissions program. 

13 (2) TRAINING.—The Secretary of State shall 

14 undertake training for embassy personnel to ensure 

15 that each embassy and consulate has sufficient 

16 knowledge and expertise to carry out this paragraph. 

17 SEC. 402. PRIORITY 3 FAMILY REUNIFICATION CASES. 

18 (a) IN GENERAL.—Because of the importance of re19 uniting immediate refugee families who have been sepa20 rated while fleeing from persecution, Priority 3 processing 

21 shall be made available to individuals of all nationalities, 

22 including stateless individuals. 

23 (b) UNIVERSAL ELIGIBILITY FOR ALL NATIONALI24 TIES.— 


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1 (1) IN GENERAL.—Eligible Priority 3 Affidavit 

2 of Relationship filers will include those admitted in 

3 asylum, refugee, or Afghan and Iraqi special immi4 grants admitted under section 1059 of the National 

5 Defense Authorization Act for Fiscal Year 2006 

6 (Public Law 109–163; 8 U.S.C. 1101 note), section 

7 1244 of the Refugee Crisis in Iraq Act of 2007 

8 (Public Law 110–181; 8 U.S.C. 1157 note), and sec9 tion 602 of the Afghan Allies Protection Act of 2009 

10 (Public Law 111–8; 8 U.S.C. 1101 note). 

11 (2) ELIGIBLE AFFIDAVIT OF RELATIONSHIP

12 FILES.—Eligible Affidavit of Relationship (referred 

13 to in this section as ‘‘AOR’’) filers include individ14 uals who are lawful permanent residents of the 

15 United States or United States citizens who initially 

16 were admitted to the United States in a status de17 scribed in paragraph (1). 

18 (c) REQUIREMENTS.—The United States-based filer 

19 shall be at least 18 years of age at the time that the AOR 

20 is filed. The filer shall file the AOR not later than 5 years 

21 after the date they were admitted as a refugee or special 

22 immigrant or were granted asylum. The Secretary of State 

23 may reject any AOR for a relationship that does not com24 port with public policy, such as under-age or plural mar25 riages. 


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1 (d) FAMILY MEMBERS INCLUDED.— 

2 (1) IN GENERAL.—The following family mem3 bers of the United States-based family members are 

4 qualified for Priority 3 access: 

5 (A) Spouse or permanent partner. 

6 (B) Unmarried children who are younger 

7 than 21 years of age. 

8 (C) Parents. 

9 (2) PARTNERS.—The Secretary of State may 

10 allow a qualifying individual to file for Priority 3 ac11 cess for a partner of any gender if the filer can pro12 vide evidence of a relationship with the partner for 

13 at least one year overseas prior to the submission of 

14 the AOR and considered that person to be his or her 

15 spouse or life partner, and that the relationship is 

16 ongoing, together with evidence that legal marriage 

17 was not an obtainable option due to social or legal 

18 prohibitions. 

19 (e) DERIVATIVE REFUGEE STATUS.—In addition to 

20 the qualifying family members of a United States-based 

21 individual identified above, the qualifying family member’s 

22 spouse or permanent partner, as well as unmarried chil23 dren younger than 21 years of age, may derive refugee 

24 status from the principal applicant for refugee status. 


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1 (f) ADDITIONAL QUALIFYING FAMILY MEMBERS.— 

2 On a case-by-case basis, an individual may be added to 

3 a qualifying family member’s Priority 3 case if that indi4 vidual— 

5 (1) lived in the same household as the quali6 fying family member in the country of nationality or, 

7 if stateless, last habitual residence; 

8 (2) was part of the same economic unit as the 

9 qualifying family member in the country of nation10 ality or, if stateless, last habitual residence; and 

11 (3) demonstrates exceptional and compelling 

12 humanitarian circumstances that justify inclusion on 

13 the qualifying family member’s case. 

14 SEC. 403. ADMISSION OF REFUGEE FAMILIES AND TIMELY 

15 ADJUDICATION. 

16 Section 207(c)(2) of the Immigration and Nationality 

17 Act (8 U.S.C. 1157(c)(2)) is amended to read as follows: 

18 ‘‘(2)(A)(i) Irrespective of the date on which such ref19 ugee was admitted to the United States, the spouse or per20 manent partner, or a child (as defined in section 

21 101(b)(1)) of any refugee, or the parent or de facto guard22 ian (as determined by the Secretary of Homeland Secu23 rity) of such a child who qualifies for admission under 

24 paragraph (1), if not otherwise entitled to admission under 

25 such paragraph and not described in section 


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1 101(a)(42)(B), shall be entitled to the same admission 

2 status as such refugee if— 

3 ‘‘(I) accompanying, or following to join, 

4 such refugee; and 

5 ‘‘(II) admissible (except as otherwise pro6 vided under paragraph (3)) as an immigrant 

7 under this chapter. 

8 ‘‘(ii) The admission to the United States of a spouse 

9 or permanent partner, child, parent, or guardian described 

10 in clause (i) shall not be charged against the numerical 

11 limitation established in accordance with the appropriate 

12 subsection under which the refugee’s admission is charged. 

13 ‘‘(B) A mother or father who seeks to accompany, 

14 or follow to join, an alien child granted admission as a 

15 refugee under this subsection shall continue to be classi16 fied as a parent for purposes of this paragraph if the alien 

17 child attains 21 years of age while the application filed 

18 under this paragraph is pending. 

19 ‘‘(C) The parent or de facto guardian (as determined 

20 by the Secretary of Homeland Security) of a refugee child 

21 admitted under this section and was admitted under the 

22 Unaccompanied Refugee Minors Program (as described in 

23 subparagraph (D), (E), or (H) of section 101(b)(1)) shall 

24 be treated in accordance with subparagraph (A) if such 

25 parent or guardian seeks to follow to join such refugee 


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1 child and the minor consents to being joined by such indi2 vidual. 

3 ‘‘(D)(i) Not later than 1 year after the date on which 

4 an application for refugee status is filed under this para5 graph— 

6 ‘‘(I) required screenings and background checks 

7 shall be completed; and 

8 ‘‘(II) the application shall be adjudicated. 

9 ‘‘(ii) The adjudication of an application may exceed 

10 the timeframe under clause (i) only in exceptional cir11 cumstances in which additional time to process an applica12 tion is necessary to satisfy national security concerns, if 

13 the Secretary of Homeland Security has— 

14 ‘‘(I) made a determination that the applicant 

15 meets the requirements for refugee status under this 

16 section; and 

17 ‘‘(II) notified the applicant of such determina18 tion.’’. 

Æ 


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