I 

111TH CONGRESS 

1ST SESSION H. R. 2709 

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

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 4, 2009 

Mr. HONDA (for himself, Mr. ABERCROMBIE, Mr. ACKERMAN, Mr. BACA, Ms. 

BALDWIN, Mr. BLUMENAUER, Mrs. CAPPS, Mr. CAPUANO, Ms. CLARKE, 

Mr. DAVIS of Illinois, Mrs. DAVIS of California, Ms. DEGETTE, Mr. 

DELAHUNT, Mr. DOYLE, Mr. ELLISON, Mr. ENGEL, Mr. 

FALEOMAVAEGA, Mr. FATTAH, Mr. FILNER, Mr. FRANK of Massachusetts, Mr. GRIJALVA, Mr. HINCHEY, Ms. HIRONO, Mr. ISRAEL, Ms. 

JACKSON-LEE of Texas, Mr. JACKSON of Illinois, Ms. EDDIE BERNICE

JOHNSON of Texas, Mr. JOHNSON of Georgia, Mr. KUCINICH, Mr. 

LANGEVIN, Ms. LEE of California, Mrs. MALONEY, Mr. MARKEY of Massachusetts, Ms. MATSUI, Mr. MCGOVERN, Mr. MORAN of Virginia, Mr. 

NADLER of New York, Mrs. NAPOLITANO, Ms. NORTON, Mr. PALLONE, 

Mr. PAYNE, Mr. POLIS of Colorado, Ms. RICHARDSON, Ms. ROYBAL-ALLARD, Mr. RUSH, Mr. SABLAN, Ms. LINDA T. SA ́NCHEZ of California, 

Ms. SCHAKOWSKY, Mr. SERRANO, Mr. STARK, Ms. WASSERMAN

SCHULTZ, Mr. WEINER, Mr. WELCH, Mr. WEXLER, Ms. WOOLSEY, and 

Mr. WU) 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, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘Reuniting Families Act’’. 

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

5 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—REDUCING FAMILY-BASED VISA BACKLOGS AND 

PROMOTING FAMILY REUNIFICATION 

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

Sec. 102. Reclassification of spouses and minor children of legal permanent 

residents as immediate relatives. 

Sec. 103. Country limits. 

Sec. 104. Promoting family unity. 

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

Sec. 106. Exemption from immigrant visa limit for certain veterans who are natives of Philippines. 

Sec. 107. Fiance ́e child status protection. 

Sec. 108. Equal treatment for all stepchildren. 

TITLE II—UNITING AMERICAN FAMILIES ACT 

Sec. 201. Short title; amendments to Immigration and Nationality Act. 

Sec. 202. Definitions of permanent partner and permanent partnership. 

Sec. 203. Definition of child. 

Sec. 204. Worldwide level of immigration. 

Sec. 205. Numerical limitations on individual foreign states. 

Sec. 206. Allocation of immigrant visas. 

Sec. 207. Procedure for granting immigrant status. 

Sec. 208. Annual admission of refugees and admission of emergency situation 

refugees. 

Sec. 209. Asylum. 

Sec. 210. Adjustment of status of refugees. 

Sec. 211. Inadmissible aliens. 

Sec. 212. Nonimmigrant status for permanent partners awaiting the availability 

of an immigrant visa. 

Sec. 213. Derivative status for permanent partners of nonimmigrant visa holders. 

Sec. 214. Conditional permanent resident status for certain alien spouses, permanent partners, and sons and daughters. 

Sec. 215. Conditional permanent resident status for certain alien entrepreneurs, 

spouses, permanent partners, and children. 

Sec. 216. Deportable aliens. 

Sec. 217. Removal proceedings. 

Sec. 218. Cancellation of removal; adjustment of status. 

Sec. 219. Adjustment of status of nonimmigrant to that of person admitted for 

permanent residence. 

Sec. 220. Application of criminal penalties for misrepresentation and concealment of facts regarding permanent partnerships. 


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Sec. 221. Requirements as to residence, good moral character, attachment to 

the principles of the Constitution. 

Sec. 222. Naturalization for permanent partners of citizens. 

Sec. 223. Application of family unity provisions to permanent partners of certain LIFE Act beneficiaries. 

Sec. 224. Application to Cuban Adjustment Act. 

1 TITLE I—REDUCING FAMILY2 BASED VISA BACKLOGS AND 

3 PROMOTING FAMILY REUNI4 FICATION 

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

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

10 follows: 

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

12 IMMIGRANTS.— 

13 ‘‘(1) IN GENERAL.—Subject to subparagraph 

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

16 equal to the sum of— 

17 ‘‘(A) 480,000; and 

18 ‘‘(B) the sum of— 

19 ‘‘(i) the number computed under 

20 paragraph (2); and 

21 ‘‘(ii) the number computed under 

22 paragraph (3). 


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1 ‘‘(2) UNUSED VISA NUMBERS FROM PREVIOUS

2 FISCAL YEAR.—The number computed under this 

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

4 between— 

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

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

10 the previous fiscal year. 

11 ‘‘(3) UNUSED VISA NUMBERS FROM FISCAL

12 YEARS 1992 THROUGH 2007.—The number computed 

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

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

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

17 family-sponsored immigrant visas estab18 lished for fiscal years 1992 through 2007; 

19 and 

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

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

22 during such fiscal years; and 

23 ‘‘(B) the number of unused visas from fis24 cal years 1992 through 2007 that were issued 


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1 after fiscal year 2007 under section 203(a), 

2 subject to this subsection.’’. 

3 (b) WORLDWIDE LEVEL OF EMPLOYMENT-BASED

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

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

6 as follows: 

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

8 IMMIGRANTS.— 

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

11 a fiscal year is equal to the sum of— 

12 ‘‘(A) 140,000; 

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

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

17 ‘‘(2) UNUSED VISA NUMBERS FROM PREVIOUS

18 FISCAL YEAR.—The number computed under this 

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

20 between— 

21 ‘‘(A) the worldwide level of employment22 based immigrant visas established for the pre23 vious fiscal year; and 


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

3 the previous fiscal year. 

4 ‘‘(3) UNUSED VISA NUMBERS FROM FISCAL

5 YEARS 1992 THROUGH 2007.—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 2007; 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 2007 that were issued 

18 after fiscal year 2007 under section 203(b), 

19 subject to this subsection.’’. 

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

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

22 after the date of the enactment of this Act. 


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1 SEC. 102. RECLASSIFICATION OF SPOUSES AND MINOR 

2 CHILDREN OF LEGAL PERMANENT RESI3 DENTS AS IMMEDIATE RELATIVES. 

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

6 amended to read as follows: 

7 ‘‘(2) IMMEDIATE RELATIVE.— 

8 ‘‘(A) IN GENERAL.— 

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

11 ‘immediate relative’ means a child, spouse, 

12 or parent of a citizen of the United States 

13 or a child or spouse of a lawful permanent 

14 resident (and for each family member of a 

15 citizen or lawful permanent resident under 

16 this subparagraph, such individual’s spouse 

17 or child who is accompanying or following 

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

19 case of parents, such citizens shall be at 

20 least 21 years of age. 

21 ‘‘(ii) PREVIOUSLY ISSUED VISA.— 

22 Aliens admitted under section 211(a) on 

23 the basis of a prior issuance of a visa 

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


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1 ‘‘(iii) PARENTS AND CHILDREN.—An 

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

4 lawful permanent resident at the time of 

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

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

8 reaching 21 years of age. 

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

10 spouse of a citizen of the United States or 

11 lawful permanent resident for not less than 

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

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

16 the evidence that the marriage was entered 

17 into in good faith and not solely for the 

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

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

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


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

2 earlier of— 

3 ‘‘(I) 2 years after such date; or 

4 ‘‘(II) the date on which the 

5 spouse remarries. 

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

7 this subparagraph, an alien who has filed 

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

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

12 loses United States citizenship or residence 

13 on account of the abuse. 

14 ‘‘(B) BIRTH DURING TEMPORARY VISIT

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

18 (b) ALLOCATION OF IMMIGRANT VISAS.—Section 

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

20 1153(a)) is amended— 

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

22 inserting ‘‘38,000’’; 

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

24 following: 


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1 ‘‘(2) UNMARRIED SONS AND UNMARRIED

2 DAUGHTERS OF PERMANENT RESIDENT ALIENS.— 

3 Qualified immigrants who are the unmarried sons or 

4 unmarried daughters (but are not the children) of 

5 an alien lawfully admitted for permanent residence 

6 shall be allocated visas in a number not to exceed 

7 60,000, plus any visas not required for the class 

8 specified in paragraph (1).’’; 

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

10 inserting ‘‘38,000’’; and 

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

12 inserting ‘‘90,000’’. 

13 (c) TECHNICAL AND CONFORMING AMENDMENTS.— 

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

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

17 U.S.C. 1151(f)) is amended— 

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

20 (2),’’; 

21 (B) by striking paragraph (2); 

22 (C) by redesignating paragraphs (3) and 

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


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

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

3 and inserting ‘‘and (2)’’. 

4 (2) NUMERICAL LIMITATION TO ANY SINGLE

5 FOREIGN STATE.—Section 202 of the Immigration 

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

7 (A) in subsection (a)(4)— 

8 (i) by striking subparagraphs (A) and 

9 (B); 

10 (ii) by redesignating subparagraphs 

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

12 (B), respectively; and 

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

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

16 203(a)(2)’’; and 

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

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

19 limiting the number of visas that may be issued 

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

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

24 (8 U.S.C. 1153(h)) is amended— 

25 (A) in paragraph (1)— 


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

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

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

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

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

8 which an immigrant visa number became 

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

11 parent,’’; and 

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

13 ‘‘applicable’’; 

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

15 follows: 

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

18 section 204 for classification of the alien’s parent 

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

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

23 (4) PROCEDURE FOR GRANTING IMMIGRANT

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


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1 (A) in subsection (a)(1)— 

2 (i) in subparagraph (A)— 

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

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

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

7 ‘‘described in the second sentence of 

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

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

11 (III) in clause (iii)— 

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

13 inserting ‘‘or legal permanent 

14 resident’’ after ‘‘citizen’’; and 

15 (bb) in subclause (II)(aa)— 

16 (AA) in subitems (AA) 

17 and (BB), by inserting ‘‘or 

18 legal permanent resident;’’ 

19 after ‘‘citizen’’ each place 

20 that term appears; 

21 (BB) in subitem (CC), 

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

25 appears; and 


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1 (CC) in subitem 

2 (CC)(bbb), by inserting ‘‘or 

3 legal permanent resident’’ 

4 after ‘‘citizenship’’; 

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

6 ‘‘or legal permanent resident’’ after 

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

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

10 ‘‘or legal permanent resident’’ after 

11 ‘‘citizen’’; and 

12 (VI) in clause (vi)— 

13 (aa) by inserting ‘‘or legal 

14 permanent resident status’’ after 

15 ‘‘renunciation of citizenship’’; 

16 and 

17 (bb) by inserting ‘‘or legal 

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

20 (ii) by striking subparagraph (B); 

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

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

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

24 of subparagraph (A)’’; and 


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

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

3 (B)’’; 

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

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

7 preference status’’; and 

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

10 SEC. 103. COUNTRY LIMITS. 

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

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

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

15 state) or 5 percent’’. 

16 SEC. 104. PROMOTING FAMILY UNITY. 

17 Section 212(a)(9) of the Immigration and Nationality 

18 Act (8 U.S.C. 1182(a)(9)) is amended— 

19 (1) in subparagraph (B)— 

20 (A) in clause (iii)— 

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

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

23 age’’; 

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

25 the right; and 


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1 (iii) by adding at the end the fol2 lowing: 

3 ‘‘(VI) Clause (i) shall not apply 

4 to an alien for whom an immigrant 

5 visa is available or was available on or 

6 before the date of the enactment of 

7 the Reuniting Families Act, and is 

8 otherwise admissible to the United 

9 States for permanent residence.’’; and 

10 (B) in clause (v)— 

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

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

13 daughter, or parent’’; 

14 (ii) by striking ‘‘extreme’’; 

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

16 after ‘‘lawfully resident spouse’’; and 

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

18 ‘‘alien or, if the Attorney General deter19 mines that a waiver is necessary for hu20 manitarian purposes, to ensure family 

21 unity or is otherwise in the public inter22 est.’’; and 

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

24 (ii) to read as follows: 


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

2 not apply to an alien— 

3 ‘‘(I) seeking admission more than 

4 10 years after the date of the alien’s 

5 last departure from the United States 

6 if, prior to the alien’s reembarkation 

7 at a place outside the United States 

8 or attempt to be readmitted from a 

9 foreign contiguous territory, the Sec10 retary of Homeland Security has con11 sented to the alien’s reapplication for 

12 admission; or 

13 ‘‘(II) for whom an immigrant 

14 visa is available or was available on or 

15 before the date of the enactment of 

16 the Reuniting Families Act, and is 

17 otherwise admissible to the United 

18 States for permanent residence.’’. 

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

20 (a) IN GENERAL.— 

21 (1) SPECIAL RULE FOR ORPHANS AND

22 SPOUSES.—In applying clauses (iii) and (iv) of sec23 tion 201(b)(2)(A) of the Immigration and Nation24 ality Act, as added by section 3(a), to an alien whose 

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1 fore the date of the enactment of this Act, the alien 

2 relative may file the classification petition under sec3 tion 204(a)(1)(A)(ii) of such Act, as amended by 

4 section 102(c)(4)(A)(i)(II), not later than 2 years 

5 after the date of the enactment of this Act. 

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

7 excluded, deported, removed, or departed voluntarily 

8 before the date of the enactment of this Act based 

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

10 immediate relative (as defined in section 

11 201(b)(2)(A)(iv) of the Immigration and Nationality 

12 Act, as amended by section 102(a)) due to the death 

13 of such citizen or resident— 

14 (A) such alien shall be eligible for parole 

15 into the United States pursuant to the Attorney 

16 General’s discretionary authority under section 

17 212(d)(5) of such Act (8 U.S.C. 1182(d)(5)); 

18 and 

19 (B) such alien’s application for adjustment 

20 of status shall be considered notwithstanding 

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

22 1182(a)(9)). 

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

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

25 amended by adding at the end the following: 


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

2 SURVIVING SPOUSES, PARENTS, AND CHILDREN.— 

3 ‘‘(1) IN GENERAL.—An alien described in para4 graph (2) who applies for adjustment of status be5 fore the death of the qualifying relative may have 

6 such application adjudicated as if such death had 

7 not occurred. 

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

9 this paragraph is an alien who— 

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

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

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

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

14 203); or 

15 ‘‘(C) is a derivative beneficiary of an em16 ployment-based immigrant under section 203(b) 

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

18 (c) TRANSITION PERIOD.— 

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

20 an application for adjustment of status for an alien 

21 whose qualifying relative died before the date of the 

22 enactment of this Act, such application may be re23 newed by the alien through a motion to reopen, 

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

25 years after such date of enactment. 


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1 (2) ELIGIBILITY FOR PAROLE.—If an alien de2 scribed in section 245(n)(2) of the Immigration and 

3 Nationality Act, as added by subsection (b), was ex4 cluded, deported, removed, or departed voluntarily 

5 before the date of the enactment of this Act— 

6 (A) such alien shall be eligible for parole 

7 into the United States pursuant to the Attorney 

8 General’s discretionary authority under section 

9 212(d)(5) of the Immigration and Nationality 

10 Act (8 U.S.C. 1182(d)(5)); and 

11 (B) such alien’s application for adjustment 

12 of status shall be considered notwithstanding 

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

14 1182(a)(9)). 

15 (d) PROCESSING OF IMMIGRANT VISAS AND DERIVA16 TIVE PETITIONS.— 

17 (1) IN GENERAL.—Section 204(b) of the Immi18 gration and Nationality Act (8 U.S.C. 1154(b)) is 

19 amended— 

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

21 and inserting the following: 

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

23 and 

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

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


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

2 subparagraph (B) whose qualifying relative died 

3 before the completion of immigrant visa proc4 essing may have an immigrant visa application 

5 adjudicated as if such death had not occurred. 

6 An immigrant visa issued before the death of 

7 the qualifying relative shall remain valid after 

8 such death. 

9 ‘‘(B) ALIEN DESCRIBED.—An alien de10 scribed in this subparagraph is an alien who— 

11 ‘‘(i) is an immediate relative (as de12 scribed in section 201(b)(2)(A)); 

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

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

15 section 203); 

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

17 employment-based immigrant under section 

18 203(b) (as described in section 203(d)); or 

19 ‘‘(iv) is the spouse or child of a ref20 ugee (as described in section 207(c)(2)) or 

21 an asylee (as described in section 

22 208(b)(3)).’’. 

23 (2) TRANSITION PERIOD.— 

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1 grant visa for an alien whose qualifying relative 

2 died before the date of the enactment of this 

3 Act, such application may be renewed by the 

4 alien through a motion to reopen, without fee, 

5 if such motion is filed not later than 2 years 

6 after such date of enactment. 

7 (B) INAPPLICABILITY OF BARS TO

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

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

10 1182(a)(9)), an alien’s application for an immi11 grant visa shall be considered if the alien was 

12 excluded, deported, removed, or departed volun13 tarily before the date of the enactment of this 

14 Act. 

15 (e) NATURALIZATION.—Section 319(a) of the Immi16 gration and Nationality Act (8 U.S.C. 1430(a)) is amend17 ed by inserting ‘‘(or, if the spouse is deceased, the spouse 

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

19 United States’’. 

20 SEC. 106. EXEMPTION FROM IMMIGRANT VISA LIMIT FOR 

21 CERTAIN VETERANS WHO ARE NATIVES OF 

22 PHILIPPINES. 

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

24 ‘‘Filipino Veterans Family Reunification Act’’. 


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1 (b) ALIENS NOT SUBJECT TO DIRECT NUMERICAL

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

3 Nationality Act (8 U.S.C. 1151(b)(1)) is amended by add4 ing at the end the following: 

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

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

7 and who have a parent who was naturalized pursu8 ant to section 405 of the Immigration Act of 1990 

9 (8 U.S.C. 1440 note).’’. 

10 SEC. 107. FIANCE ́ E CHILD STATUS PROTECTION. 

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

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

13 1101(a)(15)(K)(iii)) is amended by inserting ‘‘, provided 

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

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

16 petition is filed with the Secretary of Homeland Security 

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

18 a United States citizen (in the case of an alien parent de19 scribed in clause (i)) or as the spouse of a United States 

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

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

22 at the end. 

23 (b) ADJUSTMENT OF STATUS AUTHORIZED.—Section 

24 214(d) of the Immigration and Nationality Act (8 U.S.C. 

25 1184(d)(1)) is amended— 


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

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

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

4 and inserting the following: 

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

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

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

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

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

10 the United States, they shall be removed in accordance 

11 with sections 240 and 241. 

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

13 alien marries the petitioner described in section 

14 101(a)(15)(K)(i) within 3 months after the alien is admit15 ted into the United States, the Secretary of Homeland Se16 curity or the Attorney General, subject to the provisions 

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

18 any minor children accompanying or following to join the 

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

20 residence on a conditional basis under section 216 if the 

21 alien and any such minor children apply for such adjust22 ment and are not determined to be inadmissible to the 

23 United States. 

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

25 shall not apply to an alien who is eligible to apply for adVerDate Nov 24 2008 01:05 Jun 06, 2009 Jkt 079200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\H2709.IH H2709

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1 justment of his or her status to an alien lawfully admitted 

2 for permanent residence under this section. 

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

4 as otherwise authorized under this Act shall be permitted 

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

6 an alien lawfully admitted for permanent residence under 

7 this section.’’. 

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

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

10 amended— 

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

12 General’’; and 

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

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

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

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

17 alien lawfully admitted for permanent residence on a con18 ditional basis under section 216, using the age of the alien 

19 on the date on which the petition is filed with the Sec20 retary of Homeland Security to classify the alien’s parent 

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

22 case of an alien parent admitted to the United States 

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

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


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1 case of an alien parent admitted to the United States 

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

3 (d) EFFECTIVE DATE.— 

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

5 this section shall be effective as if included in the 

6 Immigration Marriage Fraud Amendments of 1986 

7 (Public Law 99–639). 

8 (2) APPLICABILITY.—The amendments made 

9 by this section shall apply to all petitions or applica10 tions described in such amendments that— 

11 (A) are pending as of the date of the en12 actment of this Act; or 

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

14 approved if such amendments had been in effect 

15 at the time of adjudication of the petition or 

16 application. 

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

18 motion to reopen or reconsider a petition or applica19 tion described in paragraph (2)(B) shall be granted 

20 if such motion is filed with the Secretary of Home21 land Security or the Attorney General not later than 

22 2 years after the date of the enactment of this Act. 

23 SEC. 108. EQUAL TREATMENT FOR ALL STEPCHILDREN. 

24 Section 101(b)(1)(B) of the Immigration and Nation25 ality Act (8 U.S.C. 1101(b)(1)(B)) is amended by striking 


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

2 years at the time the marriage creating the status of step3 child occurred’’. 

4 TITLE II—UNITING AMERICAN 

5 FAMILIES ACT 

6 SEC. 201. SHORT TITLE; AMENDMENTS TO IMMIGRATION 

7 AND NATIONALITY ACT. 

8 (a) SHORT TITLE.—This title may be cited as the 

9 ‘‘Uniting American Families Act of 2009’’. 

10 (b) AMENDMENTS TO IMMIGRATION AND NATION11 ALITY ACT.—Except as otherwise specifically provided, 

12 whenever in this title an amendment or repeal is expressed 

13 as the amendment or repeal of a section or other provision, 

14 the reference shall be considered to be made to that sec15 tion or provision in the Immigration and Nationality Act. 

16 SEC. 202. DEFINITIONS OF PERMANENT PARTNER AND 

17 PERMANENT PARTNERSHIP. 

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

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

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

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

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

23 individual 18 years of age or older who— 

24 ‘‘(A) is in a committed, intimate relation25 ship with another individual 18 years of age or 


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1 older in which both parties intend a lifelong 

2 commitment; 

3 ‘‘(B) is financially interdependent with 

4 that other individual; 

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

6 partnership with anyone other than that other 

7 individual; 

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

9 individual a marriage cognizable under this Act; 

10 and 

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

12 blood relation of that other individual. 

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

14 the relationship that exists between two permanent 

15 partners. 

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

17 means the individual in a permanent partnership 

18 who is being sponsored for a visa’’. 

19 SEC. 203. DEFINITION OF CHILD. 

20 Section 101(b)(1) (8 U.S.C. 1101(b)(1)) is amended 

21 by adding at the end the following: 

22 ‘‘(H)(i) a biological child of an alien per23 manent partner if the child was under the age 

24 of 18 at the time the permanent partnership 

25 was formed; or 


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

2 partner while under the age of 16 years if the 

3 child has been in the legal custody of, and has 

4 resided with, such adoptive parent for at least 

5 2 years and if the child was under the age of 

6 18 at the time the permanent partnership was 

7 formed.’’. 

8 SEC. 204. WORLDWIDE LEVEL OF IMMIGRATION. 

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

10 is amended— 

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

12 ‘‘spouses,’’; 

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

14 ‘‘spouse’’ each place it appears; 

15 (3) by inserting ‘‘(or, in the case of a perma16 nent partnership, whose permanent partnership was 

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

18 from the citizen’’; and 

19 (4) by striking ‘‘remarries.’’ and inserting ‘‘re20 marries or enters a permanent partnership with an21 other person.’’. 

22 SEC. 205. NUMERICAL LIMITATIONS ON INDIVIDUAL FOR23 EIGN STATES. 

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

25 U.S.C. 1152(a)(4)) is amended— 


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

2 PARTNERS,’’ after ‘‘SPOUSES’’; 

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

5 ‘‘SPOUSES’’; and 

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

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

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

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

11 (8 U.S.C. 1152(b)(2)) is amended— 

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

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

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

15 ‘‘husband and wife’’. 

16 SEC. 206. ALLOCATION OF IMMIGRANT VISAS. 

17 (a) PREFERENCE ALLOCATION FOR FAMILY MEM18 BERS OF PERMANENT RESIDENT ALIENS.—Section 

19 203(a)(2) (8 U.S.C. 1153(a)(2)) is amended— 

20 (1) in the heading— 

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

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

23 (B) by inserting ‘‘WITHOUT PERMANENT

24 PARTNERS’’ after ‘‘SONS’’ and after ‘‘DAUGH25 TERS’’; 


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1 (2) in subparagraph (A), by inserting ‘‘, perma2 nent partners,’’ after ‘‘spouses’’; and 

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

4 permanent partners’’ after ‘‘sons’’ and after ‘‘daugh5 ters’’. 

6 (b) PREFERENCE ALLOCATION FOR SONS AND

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

8 1153(a)(3)) is amended— 

9 (1) in the heading, by inserting ‘‘AND DAUGH10 TERS AND SONS WITH PERMANENT PARTNERS’’ after 

11 ‘‘DAUGHTERS’’; and 

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

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

14 (c) EMPLOYMENT CREATION.—Section 

15 203(b)(5)(A)(ii) (8 U.S.C. 1153(b)(5)(A)(ii)) is amended 

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

17 (d) TREATMENT OF FAMILY MEMBERS.—Section 

18 203(d) (8 U.S.C. 1153(d)) is amended by inserting ‘‘, per19 manent partner,’’ after ‘‘spouse’’ each place it appears. 

20 SEC. 207. PROCEDURE FOR GRANTING IMMIGRANT STATUS. 

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

22 (8 U.S.C. 1154(a)(1)) is amended— 

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

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

25 (2) in subparagraph (A)(iii)— 


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

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

3 (B) in subclause (I), by inserting ‘‘or per4 manent partnership’’ after ‘‘marriage’’ each 

5 place it appears; 

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

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

8 (4) in subparagraph (A)(vi)— 

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

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

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

12 after ‘‘spouse’’; and 

13 (5) in subparagraph (B)— 

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

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

16 (B) by inserting ‘‘or permanent partner17 ship’’ after ‘‘marriage’’ in clause (ii)(I)(aa) and 

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

19 and 

20 (C) in clause (ii)(II)(aa)(CC)(bbb), by in21 serting ‘‘(or the termination of the permanent 

22 partnership)’’ after ‘‘termination of the mar23 riage’’. 

24 (b) IMMIGRATION FRAUD PREVENTION.—Section 

25 204(c) (8 U.S.C. 1154(c)) is amended— 


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

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

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

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

5 SEC. 208. ANNUAL ADMISSION OF REFUGEES AND ADMIS6 SION OF EMERGENCY SITUATION REFUGEES. 

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

8 (1) in paragraph (2)— 

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

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

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

12 after ‘‘spouse’s’’; and 

13 (2) in paragraph (4), by inserting ‘‘or perma14 nent partner’’ after ‘‘spouse’’. 

15 SEC. 209. ASYLUM. 

16 Section 208(b)(3) (8 U.S.C. 1158(b)(3)) is amend17 ed— 

18 (1) in the heading, by inserting ‘‘OR PERMA19 NENT PARTNER’’ after ‘‘SPOUSE’’; and 

20 (2) in the text, by inserting ‘‘or permanent 

21 partner’’ after ‘‘spouse’’. 

22 SEC. 210. ADJUSTMENT OF STATUS OF REFUGEES. 

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

24 by inserting ‘‘or permanent partner’’ after ‘‘spouse’’. 


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1 SEC. 211. INADMISSIBLE ALIENS. 

2 (a) CLASSES OF ALIENS INELIGIBLE FOR VISAS OR

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

4 amended— 

5 (1) in paragraph (3)(D)(iv), by inserting ‘‘per6 manent partner,’’ after ‘‘spouse,’’; 

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

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

9 (3) in paragraph (6)(E)(ii), by inserting ‘‘per10 manent partner,’’ after ‘‘spouse,’’; and 

11 (4) in paragraph (9)(B)(v), by inserting ‘‘, per12 manent partner,’’ after ‘‘spouse’’. 

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

14 amended— 

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

16 partner,’’ after ‘‘spouse,’’; and 

17 (2) in paragraph (12), by inserting ‘‘, perma18 nent partner,’’ after ‘‘spouse’’. 

19 (c) WAIVERS OF INADMISSIBILITY ON HEALTH-RE20 LATED GROUNDS.—Section 212(g)(1)(A) (8 U.S.C. 

21 1182(g)(1)(A)) is amended by inserting ‘‘or permanent 

22 partner’’ after ‘‘spouse’’. 

23 (d) WAIVERS OF INADMISSIBILITY ON CRIMINAL AND

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

25 1182(h)(1)(B)) is amended by inserting ‘‘permanent part26 ner,’’ after ‘‘spouse,’’. 


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1 (e) WAIVER OF INADMISSIBILITY FOR MISREPRESEN2 TATION.—Section 212(i)(1) (8 U.S.C. 1182(i)(1)) is 

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

4 ‘‘spouse,’’. 

5 SEC. 212. NONIMMIGRANT STATUS FOR PERMANENT PART6 NERS AWAITING THE AVAILABILITY OF AN 

7 IMMIGRANT VISA. 

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

9 (1) in paragraph (1), by inserting ‘‘or perma10 nent partner’’ after ‘‘spouse’’; and 

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

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

13 SEC. 213. DERIVATIVE STATUS FOR PERMANENT PART14 NERS OF NONIMMIGRANT VISA HOLDERS. 

15 Section 101(a)(15) (8 U.S.C. 1101(a)(15)) is amend16 ed— 

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

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

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

21 (3) 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 (4) in subparagraph (G)(ii), by inserting ‘‘, 

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

3 members of their immediate families’’; 

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

5 which shall include his permanent partner,’’ after 

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

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

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

9 members of their immediate families’’; 

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

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

12 members of the immediate families’’; 

13 (8) in subparagraph (H)(iii), by inserting ‘‘or 

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

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

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

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

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

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

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

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


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

19 SEC. 214. 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 (8 U.S.C. 1186a) is amended by inserting ‘‘AND

25 PERMANENT PARTNERS’’ after ‘‘SPOUSES’’. 


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1 (2) CLERICAL AMENDMENT.—The table of con2 tents is amended by amending the item relating to 

3 section 216 to read as follows: 

‘‘Sec. 216. Conditional permanent resident status for certain alien spouses and 

permanent partners and sons and daughters.’’. 

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

5 1186a(a)) is amended— 

6 (1) in paragraph (1), by inserting ‘‘or perma7 nent partner’’ after ‘‘spouse’’; 

8 (2) in paragraph (2)(A), by inserting ‘‘or per9 manent partner’’ after ‘‘spouse’’; 

10 (3) in paragraph (2)(B), by inserting ‘‘perma11 nent partner,’’ after ‘‘spouse,’’; and 

12 (4) in paragraph (2)(C), by inserting ‘‘perma13 nent partner,’’ after ‘‘spouse,’’. 

14 (c) TERMINATION OF STATUS IF FINDING THAT

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

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

17 (1) in the heading, by inserting ‘‘OR PERMA18 NENT PARTNERSHIP’’ after ‘‘MARRIAGE’’; 

19 (2) in paragraph (1)(A), by inserting ‘‘or per20 manent partnership’’ after ‘‘marriage’’; and 

21 (3) in paragraph (1)(A)(ii)— 

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

23 the criteria for being considered a permanent 


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1 partnership under this Act,’’ after ‘‘termi2 nated,’’; and 

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

4 after ‘‘spouse’’. 

5 (d) REQUIREMENTS OF TIMELY PETITION AND

6 INTERVIEW FOR REMOVAL OF CONDITION.—Section 

7 216(c) (8 U.S.C. 1186a(c)) is amended— 

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

9 (3)(C), (4)(B), and (4)(C), by inserting ‘‘or perma10 nent partner’’ after ‘‘spouse’’ each place it appears; 

11 and 

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

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

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

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

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

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

18 (1) in the heading of subparagraph (A), by in19 serting ‘‘OR PERMANENT PARTNERSHIP’’ after ‘‘MAR20 RIAGE’’; 

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

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

23 (3) in subparagraph (A)(i)(I), by inserting be24 fore the comma at the end ‘‘, or is a permanent 

25 partnership recognized under this Act’’; 


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1 (4) in subparagraph (A)(i)(II)— 

2 (A) by inserting ‘‘or has not ceased to sat3 isfy the criteria for being considered a perma4 nent partnership under this Act,’’ after ‘‘termi5 nated,’’; and 

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

7 after ‘‘spouse’’; 

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

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

10 (6) in subparagraph (B)(i)— 

11 (A) by inserting ‘‘or permanent partner12 ship’’ after ‘‘marriage’’; and 

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

14 after ‘‘spouse’’. 

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

16 1186a(g)) is amended— 

17 (1) in paragraph (1)— 

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

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

20 (B) by inserting ‘‘or permanent partner21 ship’’ after ‘‘marriage’’ each place it appears; 

22 (2) in paragraph (2), by inserting ‘‘or perma23 nent partnership’’ after ‘‘marriage’’; 

24 (3) in paragraph (3), by inserting ‘‘or perma25 nent partnership’’ after ‘‘marriage’’; and 


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1 (4) in paragraph (4)— 

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

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

4 (B) by inserting ‘‘or permanent partner5 ship’’ after ‘‘marriage’’. 

6 SEC. 215. CONDITIONAL PERMANENT RESIDENT STATUS 

7 FOR CERTAIN ALIEN ENTREPRENEURS, 

8 SPOUSES, PERMANENT PARTNERS, AND CHIL9 DREN. 

10 (a) SECTION HEADING.— 

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

12 216A (8 U.S.C. 1186b) is amended by inserting ‘‘OR

13 PERMANENT PARTNERS’’ after ‘‘SPOUSES’’. 

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

16 section 216A to read as follows: 

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

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

18 1186b(a)) is amended, in paragraphs (1), (2)(A), (2)(B), 

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

20 ‘‘spouse’’ each place it appears. 

21 (c) TERMINATION OF STATUS IF FINDING THAT

22 QUALIFYING ENTREPRENEURSHIP IMPROPER.—Section 

23 216A(b)(1) (8 U.S.C. 1186b(b)(1)) is amended by insertVerDate Nov 24 2008 01:05 Jun 06, 2009 Jkt 079200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\H2709.IH H2709

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1 ing ‘‘or permanent partner’’ after ‘‘spouse’’ in the matter 

2 following subparagraph (C). 

3 (d) REQUIREMENTS OF TIMELY PETITION AND

4 INTERVIEW FOR REMOVAL OF CONDITION.—Section 

5 216A(c) (8 U.S.C. 1186b(c)) is amended, in paragraphs 

6 (1), (2)(A)(ii), and (3)(C), by inserting ‘‘or permanent 

7 partner’’ after ‘‘spouse’’. 

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

9 1186b(f)(2)) is amended by inserting ‘‘or permanent part10 ner’’ after ‘‘spouse’’ each place it appears. 

11 SEC. 216. DEPORTABLE ALIENS. 

12 Section 237(a) of the Immigration and Nationality 

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

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

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

16 appears; 

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

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

19 after ‘‘spouse’’; 

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

21 following new subparagraph: 

22 ‘‘(I) PERMANENT PARTNERSHIP FRAUD.— 

23 An alien shall be considered to be deportable as 

24 having procured a visa or other documentation 

25 by fraud (within the meaning of section 


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1 212(a)(6)(C)(i)) and to be in the United States 

2 in violation of this Act (within the meaning of 

3 subparagraph (B)) if— 

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

5 the United States with an immigrant visa 

6 or other documentation procured on the 

7 basis of a permanent partnership entered 

8 into less than 2 years prior to such admis9 sion and which, within 2 years subsequent 

10 to such admission, is terminated because 

11 the criteria for permanent partnership are 

12 no longer fulfilled, unless the alien estab13 lishes to the satisfaction of the Secretary 

14 of Homeland Security that such permanent 

15 partnership was not contracted for the 

16 purpose of evading any provisions of the 

17 immigration laws; or 

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

19 the Secretary of Homeland Security that 

20 the alien has failed or refused to fulfill the 

21 alien’s permanent partnership which in the 

22 opinion of the Secretary of Homeland Se23 curity was made for the purpose of pro24 curing the alien’s admission as an immi25 grant.’’; and 


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

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

3 each place it appears. 

4 SEC. 217. REMOVAL PROCEEDINGS. 

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

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

7 by inserting ‘‘PERMANENT PARTNERS,’’ after 

8 ‘‘SPOUSES,’’; and 

9 (2) in subsection (e)(1), by inserting ‘‘or per10 manent partner’’ after ‘‘spouse’’. 

11 SEC. 218. CANCELLATION OF REMOVAL; ADJUSTMENT OF 

12 STATUS. 

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

14 (1) in paragraph (1)(D), by inserting ‘‘or per15 manent partner’’ after ‘‘spouse’’; 

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

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

20 SEC. 219. 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) (8 U.S.C. 1255(d)) is amended by insert25 ing ‘‘or permanent partnership’’ after ‘‘marriage’’. 


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

2 (8 U.S.C. 1255(e)) is amended— 

3 (1) in paragraph (1), by inserting ‘‘or perma4 nent partnership’’ after ‘‘marriage’’; and 

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

6 paragraph: 

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

8 apply with respect to a permanent partnership if the alien 

9 establishes by clear and convincing evidence to the satis10 faction of the Secretary of Homeland Security that the 

11 permanent partnership was entered into in good faith and 

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

13 partnership was not entered into for the purpose of pro14 curing the alien’s admission as an immigrant and no fee 

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

16 consideration to an attorney for assistance in preparation 

17 of a lawful petition) for the filing of a petition under sec18 tion 204(a) or 214(d) with respect to the alien permanent 

19 partner. In accordance with regulations, there shall be 

20 only one level of administrative appellate review for each 

21 alien under the previous sentence.’’. 

22 (c) ADJUSTMENT OF STATUS FOR CERTAIN ALIENS

23 PAYING FEE.—Section 245(i)(1) (8 U.S.C. 1255(i)(1)) is 

24 amended by inserting ‘‘or permanent partner’’ after 

25 ‘‘spouse’’ each place it appears. 


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1 SEC. 220. APPLICATION OF CRIMINAL PENALTIES FOR MIS2 REPRESENTATION AND CONCEALMENT OF 

3 FACTS REGARDING PERMANENT PARTNER4 SHIPS. 

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

6 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. 221. REQUIREMENTS AS TO RESIDENCE, GOOD MORAL 

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

15 Section 316(b) (8 U.S.C. 1427(b)) is amended by in16 serting ‘‘or permanent partner’’ after ‘‘spouse’’. 

17 SEC. 222. NATURALIZATION FOR PERMANENT PARTNERS 

18 OF CITIZENS. 

19 Section 319 (8 U.S.C. 1430) is amended— 

20 (1) in subsection (a), by inserting ‘‘or perma21 nent partner’’ after ‘‘spouse’’ each place it appears; 

22 (2) in subsection (a), by inserting ‘‘or perma23 nent partnership’’ after ‘‘marital union’’; 

24 (3) in subsection (b)(1), by inserting ‘‘or per25 manent partner’’ after ‘‘spouse’’; 


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1 (4) in subsection (b)(3), by inserting ‘‘or per2 manent partner’’ after ‘‘spouse’’; 

3 (5) in subsection (d)— 

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

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

6 (B) by inserting ‘‘or permanent partner7 ship’’ after ‘‘marital union’’; 

8 (6) in subsection (e)(1)— 

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

10 after ‘‘spouse’’; and 

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

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

15 SEC. 223. APPLICATION OF FAMILY UNITY PROVISIONS TO 

16 PERMANENT PARTNERS OF CERTAIN LIFE 

17 ACT BENEFICIARIES. 

18 Section 1504 of the LIFE Act (division B of the Mis19 cellaneous Appropriations Act, 2001, as enacted into law 

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

21 (1) in the heading, by inserting ‘‘, PERMA22 NENT PARTNERS,’’ after ‘‘SPOUSES’’; 

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

24 partner,’’ after ‘‘spouse’’; and 

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


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1 (A) in the subsection headings, by insert2 ing ‘‘, PERMANENT PARTNERS,’’ after 

3 ‘‘SPOUSES’’; and 

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

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

6 SEC. 224. APPLICATION TO CUBAN ADJUSTMENT ACT. 

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

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

9 amended— 

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

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

12 places it appears; and 

13 (2) in the last sentence, by inserting ‘‘, perma14 nent partners,’’ after ‘‘spouses’’. 

15 (b) CONFORMING AMENDMENTS.— 

16 (1) IMMIGRATION AND NATIONALITY ACT.—Sec17 tion 101(a)(51)(D) (8 U.S.C. 1101(a)(51)(D)) is 

18 amended by striking ‘‘or spouse’’ and inserting ‘‘, 

19 spouse, or permanent partner’’. 

20 (2) VIOLENCE AGAINST WOMEN ACT.—Section 

21 1506(c)(2)(A)(i)(IV) of the Violence Against Women 

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

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


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1 spouse’’ and inserting ‘‘, spouse, or permanent part2 ner’’. 

Æ 


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