Uniting American Families Act of 2013

To amend the Immigration and Nationality Act to promote family unity, and for other purposes. 1. Short title; amendments to Immigration and Nationality Act (a) Short Title This Act may be cited as the Uniting American Families Act of 2013 (b) Amendments to Immigration and Nationality Act Except as otherwise specifically provided, whenever in this Act an amendment or repeal is expressed as the amendment or repeal of a section or other provision, the reference shall be considered to be made to that section or provision in the Immigration and Nationality Act. 2. Definitions of permanent partner and permanent partnership Section 101(a) ( 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: (53) 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; (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 . 3. Definition of child (a) Titles I and II Section 101(b)(1) (8 U.S.C. 1101(b)(1)) is amended by adding at the end the following: (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) (8 U.S.C. 1101(c)) is amended— (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 4. Worldwide level of immigration Section 201(b)(2)(A)(i) ( 8 U.S.C. 1151(b)(2)(A)(i) (1) by inserting permanent partners, spouses, (2) by inserting or permanent partner spouse (3) by inserting (or, in the case of a permanent partnership, whose permanent partnership was not terminated) was not legally separated from the citizen (4) by striking remarries. remarries or enters a permanent partnership with another person. 5. Numerical limitations on individual foreign states (a) Per country levels Section 202(a)(4) ( 8 U.S.C. 1152(a)(4) (1) in the 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) ( 8 U.S.C. 1152(b)(2) (1) by inserting or permanent partner spouse (2) by inserting or permanent partners husband and wife 6. Allocation of immigrant visas (a) Preference allocation for family members of permanent resident aliens Section 203(a)(2) ( 8 U.S.C. 1153(a)(2) (1) in the heading— (A) by striking and spouses , permanent partners, (B) by inserting without permanent partners sons daughters (2) in subparagraph (A), by inserting , permanent partners, spouses (3) in subparagraph (B), by inserting without permanent partners sons daughters (b) Preference allocation for sons and daughters of citizens Section 203(a)(3) ( 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 (c) Employment creation Section 203(b)(5)(A)(ii) ( 8 U.S.C. 1153(b)(5)(A)(ii) permanent partner, spouse, (d) Treatment of family members Section 203(d) ( 8 U.S.C. 1153(d) (1) by inserting , permanent partner, spouse (2) by striking or (E) (E), or (H) 7. Procedure for granting immigrant status (a) Classification petitions Section 204(a)(1) ( 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) ( 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) ( 8 U.S.C. 1154(g) or permanent partnership marriage (d) Survival of rights To petition Section 204(h) ( 8 U.S.C. 1154(h) (1) by inserting or permanent partnership marriage (2) by inserting or formation of a new permanent partnership Remarriage 8. Annual admission of refugees and admission of emergency situation refugees Section 207(c) ( 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. 9. Asylum Section 208(b)(3) ( 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) 10. Adjustment of status of refugees Section 209(b)(3) ( 8 U.S.C. 1159(b)(3) or permanent partner spouse 11. Inadmissible aliens (a) Classes of aliens ineligible for visas or admission Section 212(a) (8 U.S.C. 1182(a)) is amended— (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) ( 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) (8 U.S.C. 1182(g)(1)(A)) is amended by inserting or permanent partner spouse (d) Waivers of inadmissibility on criminal and related grounds Section 212(h)(1)(B) ( 8 U.S.C. 1182(h)(1)(B) permanent partner, spouse, (e) Waiver of inadmissibility for misrepresentation Section 212(i)(1) (8 U.S.C. 1182(i)(1)) is amended by inserting permanent partner, spouse, 12. Nonimmigrant status for permanent partners awaiting the availability of an immigrant visa Section 214 (8 U.S.C. 1184) is amended— (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 13. Derivative status for permanent partners of nonimmigrant visa holders Section 101(a)(15) ( 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 14. 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 ( 8 U.S.C. 1186a and permanent partners spouses (2) Clerical amendment The table of contents 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) ( 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) ( 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) Service in Armed Forces Section 216(g) ( 8 U.S.C. 1186a(g) or permanent partner spouse (g) Definitions Section 216(h) ( 8 U.S.C. 1186a(h) (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 15. Conditional permanent resident status for certain alien entrepreneurs, spouses, permanent partners, and children (a) Section heading (1) In general The heading for section 216A ( 8 U.S.C. 1186b or permanent partners spouses (2) Clerical amendment The table of contents 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) ( 8 U.S.C. 1186b(a) or permanent partner spouse (c) Termination of status if finding that qualifying entrepreneurship improper Section 216A(b)(1) ( 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) ( 8 U.S.C. 1186b(c) or permanent partner spouse (e) Definitions Section 216A(f)(2) ( 8 U.S.C. 1186b(f)(2) or permanent partner spouse 16. Deportable aliens Section 237(a) of the Immigration and Nationality Act (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) by adding at the end of paragraph (1) the following new subparagraph: (I) Permanent Partnership fraud An alien shall be considered to be deportable as having procured a visa or other documentation by fraud (within the meaning of section 212(a)(6)(C)(i)) and to be in the United States in violation of this Act (within the meaning of subparagraph (B)) if— (i) the alien obtains any admission to the United States with an immigrant visa or other documentation procured on the basis of a permanent partnership entered into less than 2 years prior to such admission and which, within 2 years subsequent to such admission, is terminated because the criteria for permanent partnership are no longer fulfilled, unless the alien establishes to the satisfaction of the Secretary of Homeland Security that such permanent partnership was not contracted for the purpose of evading any provisions of the immigration laws; or (ii) it appears to the satisfaction of the Secretary of Homeland Security that the alien has failed or refused to fulfill the alien’s permanent partnership which in the opinion of the Secretary of Homeland Security was made for the purpose of procuring the alien’s admission as an immigrant. ; and (4) in paragraphs (2)(E)(i) and (3)(C)(ii), by inserting or permanent partner spouse 17. Removal proceedings Section 240 (8 U.S.C. 1229a) is amended— (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 18. Cancellation of removal; adjustment of status Section 240A(b) ( 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 19. Adjustment of status of nonimmigrant to that of person admitted for permanent residence (a) Prohibition on adjustment of status Section 245(d) ( 8 U.S.C. 1255(d) or permanent partnership marriage (b) Avoiding immigration fraud Section 245(e) ( 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) (8 U.S.C. 1255(i)(1)) is amended by inserting or permanent partner spouse (d) Adjustment of status for certain alien informants Section 245(j) (8 U.S.C. 1255(j)) is amended— (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) is amended by inserting permanent partner, spouse, 20. Application of criminal penalties for misrepresentation and concealment of facts regarding permanent partnerships Section 275(c) ( 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. . 21. Requirements as to residence, good moral character, attachment to the principles of the Constitution Section 316(b) (8 U.S.C. 1427(b)) is amended by inserting or permanent partner spouse 22. Naturalization for permanent partners of citizens Section 319 ( 8 U.S.C. 1430 (1) in subsection (a), by inserting or permanent partner spouse (2) in subsection (a), by inserting or permanent partnership marital union (3) in subsection (b)(1), by inserting or permanent partner spouse (4) in subsection (b)(3), by inserting or permanent partner spouse (5) in subsection (d)— (A) by inserting or permanent partner spouse (B) by inserting or permanent partnership marital union (6) in subsection (e)(1)— (A) by inserting or permanent partner spouse (B) by inserting or permanent partnership marital union (7) in subsection (e)(2), by inserting or permanent partner spouse 23. 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 24. 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 amendment Section 101(a)(51)(D) ( 8 U.S.C. 1101(a)(51)(D) or spouse , spouse, or permanent partner

Summary: Uniting American Families Act of 2013 - Amends the Immigration and Nationality Act to include a "permanent partner" within the scope of such Act. Defines a "permanent partner" as an individual 18 or older who: (1) is in a committed, intimate relationship with another individual 18 or older in which both individuals intend a lifelong commitment; (2) is financially interdependent with the other individual; (3) is not married to, or in a permanent partnership with, anyone other than the individual; (4) is unable to contract with the other individual a marriage cognizable under this Act; and (5) is not a first, second, or third degree blood relation of the other individual. Defines: (1) "permanent partnership" as the relationship existing between two permanent partners, and (2) "alien permanent partner" as the individual in a permanent partnership who is being sponsored for a visa.