Reuniting Families Act

To amend the Immigration and Nationality Act to promote family unity, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Reuniting Families Act (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Title I—Reducing family-based visa backlogs and promoting family reunification Sec. 101. Recapture of immigrant visas lost to bureaucratic delay. Sec. 102. Reclassification of spouses, permanent partners, and minor children of legal permanent residents as immediate relatives. Sec. 103. Country limits. Sec. 104. Promoting family unity. Sec. 105. Relief for orphans, widows, and widowers. Sec. 106. Exemption from immigrant visa limit for certain veterans who are natives of Philippines. Sec. 107. Fiancée child status protection. Sec. 108. Equal treatment for all stepchildren. Sec. 109. Retention of priority dates. Sec. 110. Relief for spouses and children on H–4 visas. 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. 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. I Reducing family-based visa backlogs and promoting family reunification 101. Recapture of immigrant visas lost to bureaucratic delay (a) Worldwide level of family-Sponsored immigrants Section 201(c) of the Immigration and Nationality Act ( 8 U.S.C. 1151(c) (c) Worldwide level of family-Sponsored immigrants (1) In general The worldwide level of family-sponsored immigrants under this subsection for a fiscal year is equal to the sum of— (A) 480,000; (B) the number computed under paragraph (2); and (C) the number computed under paragraph (3). (2) Unused visa numbers from previous fiscal year The number computed under this paragraph for a fiscal year is the difference, if any, between— (A) the worldwide level of family-sponsored immigrant visas established for the previous fiscal year; and (B) the number of visas issued under section 203(a), subject to this subsection, during the previous fiscal year. (3) Unused visa numbers from fiscal years 1992 through 2015 The number computed under this paragraph is the difference, if any, between— (A) the difference, if any, between— (i) the sum of the worldwide levels of family-sponsored immigrant visas established for fiscal years 1992 through 2015; and (ii) the number of visas issued under section 203(a), subject to this subsection, during such fiscal years; and (B) the number of unused visas from fiscal years 1992 through 2015 that were issued after fiscal year 2015 under section 203(a), subject to this subsection. . (b) Worldwide level of employment-Based immigrants Section 201(d) of the Immigration and Nationality Act ( 8 U.S.C. 1151(d) (d) Worldwide level of employment-Based immigrants (1) In general The worldwide level of employment-based immigrants under this subsection for a fiscal year is equal to the sum of— (A) 140,000; (B) the number computed under paragraph (2); and (C) the number computed under paragraph (3). (2) Unused visa numbers from previous fiscal year The number computed under this paragraph for a fiscal year is the difference, if any, between— (A) the worldwide level of employment-based immigrant visas established for the previous fiscal year; and (B) the number of visas issued under section 203(b), subject to this subsection, during the previous fiscal year. (3) Unused visa numbers from fiscal years 1992 through 2015 The number computed under this paragraph is the difference, if any, between— (A) the difference, if any, between— (i) the sum of the worldwide levels of employment-based immigrant visas established for each of fiscal years 1992 through 2015; and (ii) the number of visas issued under section 203(b), subject to this subsection, during such fiscal years; and (B) the number of unused visas from fiscal years 1992 through 2015 that were issued after fiscal year 2015 under section 203(b), subject to this subsection. . (c) Aliens not subject to direct numerical limitations Section 201(b) of the Immigration and Nationality Act ( 8 U.S.C. 1151(b) (3) (A) Aliens who are beneficiaries (including derivative beneficiaries) of approved immigrant petitions bearing priority dates more than ten years prior to the alien's application for admission as an immigrant or adjustment of status. (B) Aliens described in section 203(d). . (d) Effective date The amendments made by this section shall take effect on the date which is 60 days after the date of the enactment of this Act. 102. Reclassification of spouses, permanent partners, and minor children of legal permanent residents as immediate relatives (a) In general Section 201(b)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1151(b)(2) (2) Immediate relative (A) In general (i) Immediate relative defined In this subparagraph, the term immediate relative (ii) Previously issued visa Aliens admitted under section 211(a) on the basis of a prior issuance of a visa under section 203(a) to their accompanying parent who is an immediate relative. (iii) Parents and children An alien who was the child or parent of a citizen of the United States or a child of a lawful permanent resident at the time of the citizen’s or resident’s death if the alien files a petition under section 204(a)(1)(A)(ii) within 2 years after such date or prior to reaching 21 years of age. (iv) Spouse or permanent partner An alien who was the spouse or permanent partner of a citizen of the United States or lawful permanent resident for not less than 2 years at the time of the citizen’s or resident’s death or, if married for less than 2 years at the time of the citizen’s or resident’s death, proves by a preponderance of the evidence that the marriage or permanent partnership was entered into in good faith and not solely for the purpose of obtaining an immigration benefit and was not legally separated from the citizen or resident (or, in the case of a permanent partnership, whose permanent partnership was not terminated) at the time of the citizen’s or resident’s death, and each child of such alien, shall be considered, for purposes of this subsection, an immediate relative after the date of the citizen’s or resident’s death if the spouse or permanent partner files a petition under section 204(a)(1)(A)(ii) before the date on which the spouse or permanent partner remarries or enters a permanent partnership with another person. (v) Special rule For purposes of this subparagraph, an alien who has filed a petition under clause (iii) or (iv) of section 204(a)(1)(A) remains an immediate relative if the United States citizen or lawful permanent resident spouse, permanent partner, or parent loses United States citizenship or residence on account of the abuse. (B) Birth during temporary visit abroad Aliens born to an alien lawfully admitted for permanent residence during a temporary visit abroad. . (b) Allocation of immigrant visas Section 203(a) of the Immigration and Nationality Act ( 8 U.S.C. 1153(a) (1) in paragraph (1), by striking 23,400 127,200 (2) by striking paragraph (2) and inserting the following: (2) Unmarried sons without permanent partners and unmarried daughters without permanent partners of permanent resident aliens Qualified immigrants who are the unmarried sons without permanent partners or unmarried daughters without permanent partners (but are not the children) of an alien lawfully admitted for permanent residence shall be allocated visas in a number not to exceed 80,640, plus any visas not required for the class specified in paragraph (1). ; (3) in paragraph (3), by striking 23,400 80,640 (4) in paragraph (4), by striking 65,000 191,520 (c) Technical and conforming amendments (1) Rules for determining whether certain aliens are immediate relatives Section 201(f) of the Immigration and Nationality Act ( 8 U.S.C. 1151(f) (A) in paragraph (1), by striking paragraphs (2) and (3), paragraph (2), (B) by striking paragraph (2); (C) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; and (D) in paragraph (3), as redesignated by subparagraph (C), by striking through (3) and (2) (2) Allocation of immigration visas Section 203(h) of the Immigration and Nationality Act ( 8 U.S.C. 1153(h) (A) in paragraph (1)— (i) in the matter preceding subparagraph (A), by striking subsections (a)(2)(A) and (d) subsection (d) (ii) in subparagraph (A), by striking becomes available for such alien (or, in the case of subsection (d), the date on which an immigrant visa number became available for the alien’s parent), became available for the alien’s parent, (iii) in subparagraph (B), by striking applicable (B) by amending paragraph (2) to read as follows: (2) Petitions described The petition described in this paragraph is a petition filed under section 204 for classification of the alien’s parent under subsection (a), (b), or (c). ; and (C) in paragraph (3), by striking subsections (a)(2)(A) and (d) subsection (d) (3) Procedure for granting immigrant status Section 204 of the Immigration and Nationality Act ( 8 U.S.C. 1154 (A) in subsection (a)(1)— (i) in subparagraph (A)— (I) in clause (i), by inserting or lawful permanent resident citizen (II) in clause (ii), by striking described in the second sentence of section 201(b)(2)(A)(i) also , alien child, or alien parent described in section 201(b)(2)(A) (III) in clause (iii)— (aa) in subclause (I)(aa), by inserting or legal permanent resident citizen (bb) in subclause (II)(aa)— (AA) in subitems (AA) and (BB), by inserting or legal permanent resident; citizen (BB) in subitem (CC), by inserting or legal permanent resident citizen (CC) in subitem (CC)(bbb), by inserting or legal permanent resident citizenship (IV) in clause (iv), by inserting or legal permanent resident citizen (V) in clause (v)(I), by inserting or legal permanent resident citizen (VI) in clause (vi)— (aa) by inserting or legal permanent resident status renunciation of citizenship (bb) by inserting or legal permanent resident abuser’s citizenship (ii) by striking subparagraph (B); (iii) in subparagraph (C), by striking subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) clause (iii) or (iv) of subparagraph (A) (iv) in subparagraph (J), by striking or clause (ii) or (iii) of subparagraph (B) (B) in subsection (a), by striking paragraph (2); (C) in subsection (c)(1), by striking or preference status (D) in subsection (h), by striking or a petition filed under subsection (a)(1)(B)(ii) 103. Country limits Section 202(a)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1152(a)(2) 7 percent (in the case of a single foreign state) or 2 percent 20 percent (in the case of a single foreign state) or 5 percent 104. Promoting family unity (a) Repeal of three- and ten-Year and permanent bars Section 212(a)(9) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(9) (9) Aliens previously removed (A) Arriving alien Any alien who has been ordered removed under section 235(b)(1) or at the end of proceedings under section 240 initiated upon the alien's arrival in the United States and who again seeks admission within 5 years of the date of such removal (or within 20 years in the case of a second or subsequent removal or at any time in the case of an alien convicted of an aggravated felony) is inadmissible. (B) Other aliens Any alien not described in subparagraph (A), and who seeks admission within 10 years of the date of such alien's departure or removal (or within 20 years of such date in the case of a second or subsequent removal or at any time in the case of an alien convicted of an aggravated felony), is inadmissible if the alien— (i) has been ordered removed under section 240 or any other provision of law; or (ii) departed the United States while an order of removal was outstanding. (C) Exception Subparagraphs (A) and (B) shall not apply to an alien seeking admission within a period if, prior to the date of the alien's reembarkation at a place outside the United States or attempt to be admitted from foreign contiguous territory, the Secretary of Homeland Security has consented to the alien's reapplying for admission. . (b) Misrepresentations The Immigration and Nationality Act ( 8 U.S.C. 1101 (1) by amending section 212(a)(6)(C)(ii) ( 8 U.S.C. 1182(a)(6)(C)(ii) (ii) Misrepresentation of citizenship (I) In general Any alien who willfully misrepresents, or has willfully misrepresented, himself or herself to be a citizen of the United States for any purpose or benefit under this Act (including section 274A) or any Federal or State law is inadmissible. (II) Exception In the case of an alien making a misrepresentation described in subclause (I), if the alien was under the age of 21 at the time of making such misrepresentation that he or she was a citizen, the alien shall not be considered to be inadmissible under any provision of this subsection based on such misrepresentation. ; (2) in section 212(a)(6)(C)(iii) ( 8 U.S.C. 1182(a)(6)(C)(iii) of clause (i) (3) by amending subsection (i)(1) of section 212 ( 8 U.S.C. 1182(i)(1) (i) (1) The Attorney General or the Secretary of Homeland Security may, in the discretion of the Attorney General or the Secretary, waive the application of subsection (a)(6)(C) in the case of an immigrant who is the parent, spouse, permanent partner, son, or daughter of a United States citizen or of an alien lawfully admitted for permanent residence, or an alien granted classification under clause (iii) or (iv) of section 204(a)(1)(A), if it is established to the satisfaction of the Attorney General or the Secretary that the admission to the United States of such alien would not be contrary to the national welfare, safety, or security of the United States. ; and (4) by amending section 237(a)(3)(D) ( 8 U.S.C. 1227(a)(3)(D) (D) Misrepresentation of citizenship (i) In general Any alien who willfully misrepresents, or has willfully misrepresented, himself to be a citizen of the United States for any purpose or benefit under this Act (including section 274A) or any Federal or State law is deportable. (ii) Exception In the case of an alien making a misrepresentation described in subclause (i), if the alien was under the age of 21 at the time of making such misrepresentation that he or she was a citizen, the alien shall not be considered to be deportable under any provision of this subsection based on such misrepresentation. . (c) Waivers of inadmissibility Section 212 of the Immigration and Nationality Act ( 8 U.S.C. 1182 (c) Notwithstanding any other provision of law, the Secretary of Homeland Security or the Attorney General may waive the operation of any one or more grounds of inadmissibility set forth in this section for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest. This waiver shall be available to individuals eligible for relief under subsection (h). . (d) Waivers of deportability Section 237 of the Immigration and Nationality Act ( 8 U.S.C. 1227 (e) Notwithstanding any other provision of law, the Secretary of Homeland Security or the Attorney General may waive the operation of any one or more grounds of removal set forth in this section for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest. . 105. Relief for orphans, widows, and widowers (a) In general (1) Special rule for orphans, spouses, and permanent partners In applying clauses (iii) and (iv) of section 201(b)(2)(A) of the Immigration and Nationality Act (2) Eligibility for parole If an alien was excluded, deported, removed, or departed voluntarily before the date of the enactment of this Act based solely upon the alien’s lack of classification as an immediate relative (as defined in section 201(b)(2)(A)(iv) of the Immigration and Nationality Act (A) such alien shall be eligible for parole into the United States pursuant to the Secretary of Homeland Security’s discretionary authority under section 212(d)(5) of such Act ( 8 U.S.C. 1182(d)(5) (B) such alien’s application for adjustment of status shall be considered notwithstanding section 212(a)(9) of such Act ( 8 U.S.C. 1182(a)(9) (3) Eligibility for parole If an alien described in section 204(l) of the Immigration and Nationality Act ( 8 U.S.C. 1154(l) (A) such alien shall be eligible for parole into the United States pursuant to the Secretary of Homeland Security’s discretionary authority under section 212(d)(5) of such Act ( 8 U.S.C. 1182(d)(5) (B) such alien’s application for adjustment of status shall be considered notwithstanding section 212(a)(9) of such Act ( 8 U.S.C. 1182(a)(9) (b) Processing of immigrant visas and derivative petitions (1) In general Section 204(b) of the Immigration and Nationality Act ( 8 U.S.C. 1154(b) (A) by striking After an investigation (1) In general After an investigation ; and (B) by adding at the end the following: (2) Death of qualifying relative (A) In general Any alien described in subparagraph (B) whose qualifying relative died before the completion of immigrant visa processing may have an immigrant visa application adjudicated as if such death had not occurred. An immigrant visa issued before the death of the qualifying relative shall remain valid after such death. (B) Alien described An alien described in this subparagraph is an alien who— (i) is an immediate relative (as described in section 201(b)(2)(A)); (ii) is a family-sponsored immigrant (as described in subsection (a) or (d) of section 203); (iii) is a derivative beneficiary of an employment-based immigrant under section 203(b) (as described in section 203(d)); or (iv) is the spouse, permanent partner, or child of a refugee (as described in section 207(c)(2)) or an asylee (as described in section 208(b)(3)). . (2) Transition period (A) In general Notwithstanding a denial or revocation of an application for an immigrant visa for an alien whose qualifying relative died before the date of the enactment of this Act, such application may be renewed by the alien through a motion to reopen, without fee. (B) Inapplicability of bars to entry Notwithstanding section 212(a)(9) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(9) (c) Naturalization Section 319(a) of the Immigration and Nationality Act ( 8 U.S.C. 1430(a) (1) by inserting or permanent partner spouse (2) by inserting (or, if the spouse is deceased, the spouse was a citizen of the United States) citizen of the United States (3) by inserting or permanent partnership marital union (d) Waivers of inadmissibility Section 212 of the Immigration and Nationality Act ( 8 U.S.C. 1182 (1) by redesignating the second subsection (t) as subsection (u); and (2) by adding at the end the following: (v) Continued waiver eligibility for widows, widowers, and orphans In the case of an alien who would have been statutorily eligible for any waiver of inadmissibility under this Act but for the death of a qualifying relative, the eligibility of such alien shall be preserved as if the death had not occurred and the death of the qualifying relative shall be the functional equivalent of hardship for purposes of any waiver of inadmissibility which requires a showing of hardship. . (e) Surviving relative consideration for certain petitions and applications Section 204(l)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1154(l)(1) (1) by striking who resided in the United States at the time of the death of the qualifying relative and who continues to reside in the United States (2) by striking any related applications, any related applications (including affidavits of support), (f) Immediate relatives Section 201(b)(2)(A)(i) of the Immigration and Nationality Act ( 8 U.S.C. 1151(b)(2)(A)(i) within 2 years after such date (g) Family-Sponsored immigrants Section 212(a)(4)(C)(i) is amended— (1) in subclause (I), by striking , or (2) in subclause (II), by striking or (3) by adding at the end the following: (IV) the status as a surviving relative under section 204(l); or . 106. Exemption from immigrant visa limit for certain veterans who are natives of Philippines (a) Short title This section may be cited as the Filipino Veterans Family Reunification Act (b) Aliens not subject to direct numerical limitations Section 201(b)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1151(b)(1) (F) Aliens who are eligible for an immigrant visa under paragraph (1) or (3) of section 203(a) and who have a parent who was naturalized pursuant to section 405 of the Immigration Act of 1990 ( 8 U.S.C. 1440 . 107. Fiancée child status protection (a) Definition Section 101(a)(15)(K)(iii) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(K)(iii) , if a determination of the age of such minor child is made using the age of the alien on the date on which the petition is filed with the Secretary of Homeland Security to classify the alien’s parent as the fiancée or fiancé of a United States citizen (in the case of an alien parent described in clause (i)) or as the spouse or permanent partner of a United States citizen under section 201(b)(2)(A)(i) (in the case of an alien parent described in clause (ii)) (b) Adjustment of status authorized Section 214(d) of the Immigration and Nationality Act ( 8 U.S.C. 1184(d)(1) (1) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (2) in paragraph (1), by striking In the event (2) (A) If an alien does not marry the petitioner under paragraph (1) within 3 months after the alien and the alien’s minor children are admitted into the United States, such alien and children shall be required to depart from the United States. If such aliens fail to depart from the United States, they shall be removed in accordance with sections 240 and 241. (B) Subject to subparagraphs (C) and (D), if an alien marries the petitioner described in section 101(a)(15)(K)(i) within 3 months after the alien is admitted into the United States, the Secretary of Homeland Security or the Attorney General, subject to the provisions of section 245(d), may adjust the status of the alien, and any minor children accompanying or following to join the alien, to that of an alien lawfully admitted for permanent residence on a conditional basis under section 216 if the alien and any such minor children apply for such adjustment and are not determined to be inadmissible to the United States. (C) Paragraphs (5) and (7)(A) of section 212(a) shall not apply to an alien who is eligible to apply for adjustment of his or her status to an alien lawfully admitted for permanent residence under this section. (D) An alien eligible for a waiver of inadmissibility as otherwise authorized under this Act shall be permitted to apply for adjustment of his or her status to that of an alien lawfully admitted for permanent residence under this section. . (c) Age determination Section 245(d) of the Immigration and Nationality Act ( 8 U.S.C. 1155(d) (1) by inserting (1) The Attorney General (2) by adding at the end the following: (2) A determination of the age of an alien admitted to the United States under section 101(a)(15)(K)(iii) shall be made, for purposes of adjustment to the status of an alien lawfully admitted for permanent residence on a conditional basis under section 216, using the age of the alien on the date on which the petition is filed with the Secretary of Homeland Security to classify the alien’s parent as the fiancée or fiancé of a United States citizen (in the case of an alien parent admitted to the United States under section 101(a)(15)(K)(i)) or as the spouse or permanent partner of a United States citizen under section 201(b)(2)(A)(i) (in the case of an alien parent admitted to the United States under section 101(a)(15)(K)(ii)). . (d) Effective date (1) In general The amendments made by this section shall be effective as if included in the Immigration Marriage Fraud Amendments of 1986 ( Public Law 99–639 (2) Applicability The amendments made by this section shall apply to all petitions or applications described in such amendments that— (A) are pending as of the date of the enactment of this Act; or (B) have been denied, but would have been approved if such amendments had been in effect at the time of adjudication of the petition or application. (3) Motion to reopen or reconsider A motion to reopen or reconsider a petition or application described in paragraph (2)(B) shall be granted if such motion is filed with the Secretary of Homeland Security or the Attorney General not later than 2 years after the date of the enactment of this Act. 108. Equal treatment for all stepchildren Section 101(b)(1)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1101(b)(1)(B) , provided the child had not reached the age of eighteen years at the time the marriage creating the status of stepchild occurred 109. Retention of priority dates Section 203 of the Immigration and Nationality Act ( 8 U.S.C. 1153 (1) by amending subsection (h)(3) to read as follows: (3) Retention of priority date If the age of an alien is determined under paragraph (1) to be 21 years of age or older for the purposes of subsections (a)(2)(A) and (d), and a parent of the alien files a family-based petition for such alien, the priority date for such petition shall be the original priority date issued upon receipt of the original family- or employment-based petition for which either parent was a beneficiary. ; and (2) by adding at the end the following: (i) Permanent priority dates The priority date for any family- or employment-based petition shall be the date of filing of the petition with the Secretary of Homeland Security (or the Secretary of State, if applicable), unless the filing of the petition was preceded by the filing of a labor certification with the Secretary of Labor, in which case that date shall constitute the priority date. The beneficiary of any petition shall retain his or her earliest priority date based on any petition filed on his or her behalf that was approvable when filed, regardless of the category of subsequent petitions. . 110. Relief for spouses and children on H–4 visas (a) Work authorization for holders Section 214 of the Immigration and Nationality Act ( 8 U.S.C. 1184 (s) In the case of an alien spouse or child over the age of 16 admitted under section 1101(a)(15)(H) of this title who is accompanying or following to join a principle alien admitted under such section, the Secretary shall authorize such nonimmigrant to engage in employment in the United States and provide the nonimmigrant with an employment authorized . (b) Protecting H–4 children who age out of status (1) Section 214(g)(4) of the Immigration and Nationality Act ( 8 U.S.C. 1184(g) The following exceptions apply: (A) Any alien who— (i) is the beneficiary of a petition filed under section 204(a) of that Act for a preference status under paragraph (1), (2), or (3) of section 203(b) of that Act; and (ii) is eligible to be granted that status but for application of the per country limitations applicable to immigrants under those paragraphs, may apply for, and the Attorney General may grant, an extension of such nonimmigrant status until the alien’s application for adjustment of status has been processed and a decision made thereon. (B) The children, accompanying or following to join, an alien described in (A) shall be eligible to apply for and receive an extension of their nonimmigrant status, regardless of their age, so long as— (i) the parent of a minor described in (A) maintains their nonimmigrant status; and (ii) the alien was under 18 years of age when they were first granted nonimmigrant status as an alien accompanying or following to join, the nonimmigrant parent. . (2) Section 203(h) of the Immigration and Nationality Act ( 8 U.S.C. 1153(h) (5) Notwithstanding paragraph (1), a determination of whether an alien described under section 204(g)(4)(B) satisfies the age requirement for purposes of a derivative visa or adjustment of status application under paragraph (1), (2), or (3) of section 203(b) of the of the Immigration and Nationality Act shall be made using the age of the alien on the date the petitioner files a petition on behalf of the parent beneficiary with the Secretary of Homeland Security (or the Secretary of State, if applicable), unless the filing of the petition was preceded by the filing of a labor certification with the Secretary of Labor, in which case that date shall be used to identify the age. . II Uniting American Families Act 201. Definitions of permanent partner and permanent partnership Section 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a) (1) in paragraph (15)(K)(ii), by inserting or permanent partnership marriage (2) by adding at the end the following: (52) The term permanent partner (A) is in a committed, intimate relationship with another individual 18 years of age or older in which both parties intend a lifelong commitment; (B) is financially interdependent with that other individual, unless the Secretary of Homeland Security or the Secretary of State has determined, on a case-by-case basis, that the requirement under this subparagraph is unreasonable; (C) is not married to or in a permanent partnership with anyone other than that other individual; (D) is unable to contract with that other individual a marriage cognizable under this Act; and (E) is not a first, second, or third degree blood relation of that other individual. (53) The term permanent partnership (54) The term alien permanent partner . 202. Definition of child (a) Titles I and II Section 101(b)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1101(b)(1) (H) (i) a biological child of an alien permanent partner if the child was under the age of 18 at the time the permanent partnership was formed; or (ii) a child adopted by an alien permanent partner while under the age of 16 years if the child has been in the legal custody of, and has resided with, such adoptive parent for at least 2 years and if the child was under the age of 18 at the time the permanent partnership was formed. . (b) Title III Section 101(c) of the Immigration and Nationality Act ( 8 U.S.C. 1101(c) (1) in paragraph (1), by inserting or as described in subsection (b)(1)(H) The term child (2) in paragraph (2), by inserting or a deceased permanent partner of the deceased parent, father, or mother, deceased parent, father, and mother 203. Numerical limitations on individual foreign states (a) Per country levels Section 202(a)(4) of the Immigration and Nationality Act ( 8 U.S.C. 1152(a)(4) (1) in the paragraph heading, by inserting , permanent partners, spouses (2) in the heading of subparagraph (A), by inserting , permanent partners, spouses (3) in the heading of subparagraph (C), by striking and daughters without permanent partners and unmarried daughters without permanent partners (b) Rules for chargeability Section 202(b)(2) of such Act ( 8 U.S.C. 1152(b)(2) (1) by inserting or permanent partner spouse (2) by inserting “or permanent partners” after “husband and wife”. 204. Allocation of immigrant visas (a) Preference allocation for sons and daughters of citizens Section 203(a)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1153(a)(3) (1) in the heading, by inserting and daughters and sons with permanent partners daughters (2) by inserting , or daughters or sons with permanent partners, daughters (b) Employment creation Section 203(b)(5)(A)(ii) of such Act ( 8 U.S.C. 1153(b)(5)(A)(ii) permanent partner, spouse, (c) Treatment of family members Section 203(d) of such Act ( 8 U.S.C. 1153(d) (1) by inserting , permanent partner, spouse (2) by striking or (E) (E), or (H) 205. Procedure for granting immigrant status (a) Classification petitions Section 204(a)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1154(a)(1) (1) in subparagraph (A)(ii), by inserting or permanent partner spouse (2) in subparagraph (A)(iii)— (A) by inserting or permanent partner spouse (B) in subclause (I), by inserting or permanent partnership marriage (3) in subparagraph (A)(v)(I), by inserting permanent partner, is the spouse, (4) in subparagraph (A)(vi)— (A) by inserting or termination of the permanent partnership divorce (B) by inserting , permanent partner, spouse (5) in subparagraph (B)— (A) by inserting or permanent partner spouse (B) by inserting or permanent partnership marriage (C) in clause (ii)(II)(aa)(CC)(bbb), by inserting (or the termination of the permanent partnership) termination of the marriage (b) Immigration fraud prevention Section 204(c) of such Act ( 8 U.S.C. 1154(c) (1) by inserting or permanent partner spouse (2) by inserting or permanent partnership marriage (c) Restrictions on petitions based on marriages entered while in exclusion or deportation proceedings Section 204(g) of such Act ( 8 U.S.C. 1154(g) or permanent partnership marriage (d) Survival of rights to petition Section 204(h) of such Act ( 8 U.S.C. 1154(h) (1) by inserting or permanent partnership marriage (2) by inserting or formation of a new permanent partnership Remarriage 206. Annual admission of refugees and admission of emergency situation refugees Section 207(c) of the Immigration and Nationality Act ( 8 U.S.C. 1157(c) (1) in paragraph (2)— (A) by inserting or permanent partner spouse (B) by inserting or permanent partner’s spouse’s (C) in subparagraph (A)— (i) by striking or (D), (ii) by inserting , or (H) (E) (2) in paragraph (4), by inserting or permanent partner spouse 207. Asylum Section 208(b)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1158(b)(3) (1) in the paragraph heading, by inserting or permanent partner spouse (2) in subparagraph (A)— (A) by inserting or permanent partner spouse (B) by striking or (D), (C) by inserting , or (H) (E) 208. Adjustment of status of refugees Section 209(b)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1159(b)(3) or permanent partner spouse 209. Inadmissible aliens (a) Classes of aliens ineligible for visas or admission Section 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a) (1) in paragraph (3)(D)(iv), by inserting permanent partner, spouse, (2) in paragraph (4)(C)(i)(I), by inserting , permanent partner, spouse (3) in paragraph (6)(E)(ii), by inserting permanent partner, spouse, (4) in paragraph (9)(B)(v), by inserting , permanent partner, spouse (b) Waivers Section 212(d) of such Act ( 8 U.S.C. 1182(d) (1) in paragraph (11), by inserting permanent partner, spouse, (2) in paragraph (12), by inserting , permanent partner, spouse (c) Waivers of inadmissibility on health-Related grounds Section 212(g)(1)(A) of such Act ( 8 U.S.C. 1182(g)(1)(A) or permanent partner spouse (d) Waivers of inadmissibility on criminal and related grounds Section 212(h)(1)(B) of such Act ( 8 U.S.C. 1182(h)(1)(B) permanent partner, spouse, (e) Waiver of inadmissibility for misrepresentation Section 212(i)(1) of such Act ( 8 U.S.C. 1182(i)(1) permanent partner, spouse, 210. Nonimmigrant status for permanent partners awaiting the availability of an immigrant visa Section 214 of the Immigration and Nationality Act ( 8 U.S.C. 1184 (1) in subsection (e)(2), by inserting or permanent partner spouse (2) in subsection (r)— (A) in paragraph (1), by inserting or permanent partner spouse (B) by inserting or permanent partnership marriage 211. Derivative status for permanent partners of nonimmigrant visa holders Section 101(a)(15) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15) (1) in subparagraph (A)— (A) in clause (i), by inserting , which shall include permanent partners immediate family (B) in clause (ii), by inserting , which shall include permanent partners immediate families (C) in clause (iii), by inserting , which shall include permanent partners, immediate families, (2) in subparagraph (E), by inserting or permanent partner spouse (3) in subparagraph (F)(ii), by inserting or permanent partner spouse (4) in subparagraph (G)(i), by inserting , which shall include his or her permanent partner members of his or their immediate family (5) in subparagraph (G)(ii), by inserting , which shall include permanent partners, the members of their immediate families (6) in subparagraph (G)(iii), by inserting , which shall include his permanent partner, the members of his immediate family (7) in subparagraph (G)(iv), by inserting , which shall include permanent partners the members of their immediate families (8) in subparagraph (G)(v), by inserting , which shall include permanent partners the members of the immediate families (9) in subparagraph (H), by inserting or permanent partner spouse (10) in subparagraph (I), by inserting or permanent partner spouse (11) in subparagraph (J), by inserting or permanent partner spouse (12) in subparagraph (L), by inserting or permanent partner spouse (13) in subparagraph (M)(ii), by inserting or permanent partner spouse (14) in subparagraph (O)(iii), by inserting or permanent partner spouse (15) in subparagraph (P)(iv), by inserting or permanent partner spouse (16) in subparagraph (Q)(ii)(II), by inserting or permanent partner spouse (17) in subparagraph (R), by inserting or permanent partner spouse (18) in subparagraph (S), by inserting or permanent partner spouse (19) in subparagraph (T)(ii)(I), by inserting or permanent partner spouse (20) in subparagraph (T)(ii)(II), by inserting or permanent partner spouse (21) in subparagraph (U)(ii)(I), by inserting or permanent partner spouse (22) in subparagraph (U)(ii)(II), by inserting or permanent partner spouse (23) in subparagraph (V), by inserting permanent partner or beneficiary (including a 212. Conditional permanent resident status for certain alien spouses, permanent partners, and sons and daughters (a) Section heading (1) In general The heading for section 216 of the Immigration and Nationality Act ( 8 U.S.C. 1186a and permanent partners spouses (2) Clerical amendment The table of contents of such Act is amended by amending the item 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. . (b) In general Section 216(a) of such Act ( 8 U.S.C. 1186a(a) (1) in paragraph (1), by inserting or permanent partner spouse (2) in paragraph (2)(A), by inserting or permanent partner spouse (3) in paragraph (2)(B), by inserting permanent partner, spouse, (4) in paragraph (2)(C), by inserting permanent partner, spouse, (c) Termination of status if finding that qualifying marriage improper Section 216(b) of such Act ( 8 U.S.C. 1186a(b) (1) in the heading, by inserting or permanent partnership marriage (2) in paragraph (1)(A), by inserting or permanent partnership marriage (3) in paragraph (1)(A)(ii)— (A) by inserting or has ceased to satisfy the criteria for being considered a permanent partnership under this Act, terminated, (B) by inserting or permanent partner spouse (d) Requirements of timely petition and interview for removal of condition Section 216(c) of such Act ( 8 U.S.C. 1186a(c) (1) in paragraphs (1), (2)(A)(ii), (3)(A)(ii), (3)(C), (4)(B), and (4)(C), by inserting or permanent partner spouse (2) in paragraph (3)(A), in the matter following clause (ii), and in paragraphs (3)(D), (4)(B), and (4)(C), by inserting or permanent partnership marriage (e) Contents of petition Section 216(d)(1) of such Act ( 8 U.S.C. 1186a(d)(1) (1) in the heading of subparagraph (A), by inserting or permanent partnership marriage (2) in subparagraph (A)(i), by inserting or permanent partnership marriage (3) in subparagraph (A)(i)(I), by inserting before the comma at the end , or is a permanent partnership recognized under this Act (4) in subparagraph (A)(i)(II)— (A) by inserting or has not ceased to satisfy the criteria for being considered a permanent partnership under this Act, terminated, (B) by inserting or permanent partner spouse (5) in subparagraph (A)(ii), by inserting or permanent partner spouse (6) in subparagraph (B)(i)— (A) by inserting or permanent partnership marriage (B) by inserting or permanent partner spouse (f) Definitions Section 216(g) of such Act ( 8 U.S.C. 1186a(g) (1) in paragraph (1)— (A) by inserting or permanent partner spouse (B) by inserting or permanent partnership marriage (2) in paragraph (2), by inserting or permanent partnership marriage (3) in paragraph (3), by inserting or permanent partnership marriage (4) in paragraph (4)— (A) by inserting or permanent partner spouse (B) by inserting or permanent partnership marriage 213. Conditional permanent resident status for certain alien entrepreneurs, spouses, permanent partners, and children (a) Section heading (1) In general The heading for section 216A of the Immigration and Nationality Act ( 8 U.S.C. 1186b or permanent partners spouses (2) Clerical amendment The table of contents of such Act is amended by amending the item relating to section 216A to read as follows: Sec. 216A. Conditional permanent resident status for certain alien entrepreneurs, spouses or permanent partners, and children. . (b) In general Section 216A(a) of such Act ( 8 U.S.C. 1186b(a) or permanent partner spouse (c) Termination of status if finding that qualifying entrepreneurship improper Section 216A(b)(1) of such Act ( 8 U.S.C. 1186b(b)(1) or permanent partner spouse (d) Requirements of timely petition and interview for removal of condition Section 216A(c) of such Act ( 8 U.S.C. 1186b(c) or permanent partner spouse (e) Definitions Section 216A(f)(2) of such Act ( 8 U.S.C. 1186b(f)(2) or permanent partner spouse 214. Deportable aliens Section 237(a) of the Immigration and Nationality Act 8 U.S.C. 1227(a) (1) in paragraph (1)(D)(i), by inserting or permanent partners spouses (2) in paragraphs (1)(E)(ii), (1)(E)(iii), and (1)(H)(I)(I), by inserting or permanent partner spouse (3) in paragraphs (2)(E)(i) and (3)(C)(ii), by inserting or permanent partner spouse 215. Removal proceedings Section 240 of the Immigration and Nationality Act ( 8 U.S.C. 1229a (1) in the heading of subsection (c)(7)(C)(iv), by inserting permanent partners, spouses, (2) in subsection (e)(1), by inserting or permanent partner spouse 216. Cancellation of removal; adjustment of status Section 240A(b) of the Immigration and Nationality Act ( 8 U.S.C. 1229b(b) (1) in paragraph (1)(D), by inserting or permanent partner spouse (2) in the heading for paragraph (2), by inserting , permanent partner, spouse (3) in paragraph (2)(A), by inserting , permanent partner, spouse 217. Adjustment of status of nonimmigrant to that of person admitted for permanent residence (a) Prohibition on adjustment of status Section 245(d) of the Immigration and Nationality Act ( 8 U.S.C. 1255(d) or permanent partnership marriage (b) Avoiding immigration fraud Section 245(e) of such Act ( 8 U.S.C. 1255(e) (1) in paragraph (1), by inserting or permanent partnership marriage (2) by adding at the end the following new paragraph: (4) Paragraph (1) and section 204(g) shall not apply with respect to a permanent partnership if the alien establishes by clear and convincing evidence to the satisfaction of the Secretary of Homeland Security that the permanent partnership was entered into in good faith and in accordance with section 101(a)(52) and the permanent partnership was not entered into for the purpose of procuring the alien’s admission as an immigrant and no fee or other consideration was given (other than a fee or other consideration to an attorney for assistance in preparation of a lawful petition) for the filing of a petition under section 204(a) or 214(d) with respect to the alien permanent partner. In accordance with regulations, there shall be only one level of administrative appellate review for each alien under the previous sentence. . (c) Adjustment of status for certain aliens paying fee Section 245(i)(1) of such Act ( 8 U.S.C. 1255(i)(1) or permanent partner spouse (d) Adjustment of status for certain alien informants Section 245(j) of such Act ( 8 U.S.C. 1255(j) (1) in paragraph (1)— (A) by inserting or permanent partner spouse (B) by inserting sons and daughters with and without permanent partners, daughters, (2) in paragraph (2)— (A) by inserting or permanent partner spouse (B) by inserting sons and daughters with and without permanent partners, daughters, (e) Trafficking Section 245(l)(1) of such Act is amended by inserting permanent partner, spouse, 218. Application of criminal penalties for misrepresentation and concealment of facts regarding permanent partnerships Section 275(c) of the Immigration and Nationality Act ( 8 U.S.C. 1325(c) (c) Any individual who knowingly enters into a marriage or permanent partnership for the purpose of evading any provision of the immigration laws shall be imprisoned for not more than 5 years, or fined not more than $250,000, or both. . 219. Requirements as to residence, good moral character, attachment to the principles of the Constitution Section 316(b) of the Immigration and Nationality Act ( 8 U.S.C. 1427(b) or permanent partner spouse 220. Naturalization for permanent partners of citizens Section 319 of the Immigration and Nationality Act ( 8 U.S.C. 1430 (1) in subsection (b)(1), by inserting or permanent partner spouse (2) in subsection (b)(3), by inserting or permanent partner spouse (3) in subsection (d)— (A) by inserting or permanent partner spouse (B) by inserting or permanent partnership marital union (4) in subsection (e)(1)— (A) by inserting or permanent partner spouse (B) by inserting or permanent partnership marital union (5) in subsection (e)(2), by inserting or permanent partner spouse 221. Application of family unity provisions to permanent partners of certain LIFE Act beneficiaries Section 1504 of the LIFE Act (division B of the Miscellaneous Appropriations Act, 2001, as enacted into law by section 1(a)(4) of Public Law 106–554 (1) in the heading, by inserting , permanent partners, spouses (2) in subsection (a), by inserting , permanent partner, spouse (3) in each of subsections (b) and (c)— (A) in the subsection headings, by inserting , permanent partners, spouses (B) by inserting , permanent partner, spouse 222. Application to Cuban Adjustment Act (a) In general The first section of Public Law 89–732 8 U.S.C. 1255 (1) in the next to last sentence, by inserting , permanent partner, spouse (2) in the last sentence, by inserting , permanent partners, spouses (b) Conforming amendments (1) Immigration and Nationality Act Section 101(a)(51)(D) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(51)(D) or spouse , spouse, or permanent partner (2) Violence Against Women Act Section 1506(c)(2)(A)(I)(IV) of the Violence Against Women Act of 2000 ( 8 U.S.C. 1229a Public Law 106–386 or spouse , spouse, or permanent partner 223. Nationality at birth Section 301 of the Immigration and Nationality Act ( 8 U.S.C. 1401 (i) Any reference to “a person born of parents” in this section shall include the following: (1) Any legally recognized parent-child relationship formed within the first year of a person’s life regardless of any genetic or gestational relationship. (2) Either parent of a child born through Assisted Reproductive Technology who is legally recognized as a parent in the relevant jurisdiction regardless of any genetic or gestational relationship. (3) The spouse of a parent at the time of birth, where both of the following apply: (A) At least one parent is a legally recognized parent. (B) The marriage occurred before the child’s birth and is recognized in the United States, regardless of where the parents reside. . III Promoting Diversity and Protecting Against Discrimination in our Immigration System 301. Increasing diversity visas Section 201(e) 8 U.S.C. 1151(e) 55,000 80,000

Summary: Reuniting Families Act This bill makes various immigration law changes, such as increasing the annual caps for certain immigrant visas and establishing that permanent partners are generally treated as spouses. The bill also expands which familial relationships are considered as immediate family and therefore not subject to annual limits, repeals specified bars from admission for unlawfully present aliens, and limits what constitutes a misrepresentation of citizenship status—a deportable offense—by requiring a willful misrepresentation.