I 
112TH CONGRESS 
1ST SESSION H. R. 1796 
To amend the Immigration and Nationality Act to promote family unity, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 6, 2011 
Mr. HONDA (for himself, Ms. BALDWIN, Ms. BASS of California, Mr. BECER-
RA, Ms. BERKLEY, Mr. BERMAN, Mr. BLUMENAUER, Ms. BORDALLO, 
Mr. BRADY of Pennsylvania, Mr. CAPUANO, Mr. CARSON of Indiana, Ms. 
CASTOR of Florida, Mr. CONYERS, Mr. DEUTCH, Ms. CLARKE of New 
York, Mrs. CAPPS, Ms. CHU, Mr. COHEN, Mr. DAVIS of Illinois, Mrs. 
DAVIS of California, Ms. DEGETTE, Mr. DOYLE, Mr. ELLISON, Ms. 
ESHOO, Mr. FALEOMAVAEGA, Mr. FARR, Mr. FATTAH, Mr. FILNER, Mr. 
FRANK of Massachusetts, Mr. GRIJALVA, Mr. GUTIERREZ, Mr. HASTINGS 
of Florida, Mr. HINCHEY, Ms. HIRONO, Mr. HOLT, Ms. NORTON, Mr. 
ISRAEL, Mr. JACKSON of Illinois, Ms. JACKSON LEE of Texas, Mr. JOHN-
SON of Georgia, Ms. LEE of California, Mr. LEWIS of Georgia, Ms. ZOE 
LOFGREN of California, Mr. LANGEVIN, Mrs. MALONEY, Mr. MARKEY, 
Ms. MATSUI, Ms. MCCOLLUM, Mr. MCDERMOTT, Mr. MCGOVERN, Mr. 
GEORGE MILLER of California, Ms. MOORE, Mr. MORAN, Mr. NADLER, 
Mrs. NAPOLITANO, Mr. OLVER, Ms. PELOSI, Ms. PINGREE of Maine, Mr. 
POLIS, Mr. QUIGLEY, Mr. RANGEL, Ms. RICHARDSON, Mr. ROTHMAN of 
New Jersey, Ms. ROYBAL-ALLARD, Mr. RUSH, Mr. SABLAN, Ms. LINDA 
T. SA´NCHEZ of California, Ms. SCHAKOWSKY, Mr. SERRANO, Mr. SIRES, 
Mr. STARK, Mr. TOWNS, Ms. TSONGAS, Ms. WASSERMAN SCHULTZ, and 
Ms. WILSON of Florida) 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. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 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 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 na-
tives of Philippines. 
Sec. 107. Fiance´e child status protection. 
Sec. 108. Equal treatment for all stepchildren. 
Sec. 109. Retention of priority dates. 
TITLE II—UNITING AMERICAN FAMILIES ACT 
Sec. 201. Definitions of permanent partner and permanent partnership. 
Sec. 202. Definition of child. 
Sec. 203. Worldwide level of immigration. 
Sec. 204. Numerical limitations on individual foreign states. 
Sec. 205. Allocation of immigrant visas. 
Sec. 206. Procedure for granting immigrant status. 
Sec. 207. Annual admission of refugees and admission of emergency situation 
refugees. 
Sec. 208. Asylum. 
Sec. 209. Adjustment of status of refugees. 
Sec. 210. Inadmissible aliens. 
Sec. 211. Nonimmigrant status for permanent partners awaiting the availability 
of an immigrant visa. 
Sec. 212. Derivative status for permanent partners of nonimmigrant visa hold-
ers. 
Sec. 213. Conditional permanent resident status for certain alien spouses, per-
manent partners, and sons and daughters. 
Sec. 214. Conditional permanent resident status for certain alien entrepreneurs, 
spouses, permanent partners, and children. 
Sec. 215. Deportable aliens. 
Sec. 216. Removal proceedings. 
Sec. 217. Cancellation of removal; adjustment of status. 
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Sec. 218. Adjustment of status of nonimmigrant to that of person admitted for 
permanent residence. 
Sec. 219. Application of criminal penalties for misrepresentation and conceal-
ment of facts regarding permanent partnerships. 
Sec. 220. Requirements as to residence, good moral character, attachment to 
the principles of the Constitution. 
Sec. 221. Naturalization for permanent partners of citizens. 
Sec. 222. Application of family unity provisions to permanent partners of cer-
tain LIFE Act beneficiaries. 
Sec. 223. Application to Cuban Adjustment Act. 
TITLE 
I—REDUCING 
FAMILY- 
BASED VISA BACKLOGS AND 
PROMOTING FAMILY REUNI-
FICATION 
SEC. 101. RECAPTURE OF IMMIGRANT VISAS LOST TO BU-
REAUCRATIC DELAY. 
(a) WORLDWIDE LEVEL OF FAMILY-SPONSORED IM-
MIGRANTS.—Section 201(c) of the Immigration and Na-
tionality Act (8 U.S.C. 1151(c)) is amended to read as 
follows: 
‘‘(c) WORLDWIDE LEVEL
OF FAMILY-SPONSORED 
IMMIGRANTS.— 
‘‘(1) IN
GENERAL.—Subject to subparagraph 
(B), the worldwide level of family-sponsored immi-
grants under this subsection for a fiscal year is 
equal to the sum of— 
‘‘(A) 480,000; and 
‘‘(B) the sum of— 
‘‘(i) the number computed under 
paragraph (2); and 
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‘‘(ii) 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-spon-
sored immigrant visas established for the pre-
vious fiscal year; and 
‘‘(B) the number of visas issued under sec-
tion 203(a), subject to this subsection, during 
the previous fiscal year. 
‘‘(3) UNUSED
VISA
NUMBERS
FROM
FISCAL 
YEARS 1992 THROUGH 2011.—The number computed 
under this paragraph is the difference, if any, be-
tween— 
‘‘(A) the difference, if any, between— 
‘‘(i) the sum of the worldwide levels of 
family-sponsored immigrant visas estab-
lished for fiscal years 1992 through 2011; 
and 
‘‘(ii) the number of visas issued under 
section 203(a), subject to this subsection, 
during such fiscal years; and 
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‘‘(B) the number of unused visas from fis-
cal years 1992 through 2011 that were issued 
after fiscal year 2011 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)) is amended to read 
as follows: 
‘‘(d) WORLDWIDE LEVEL OF EMPLOYMENT-BASED 
IMMIGRANTS.— 
‘‘(1) IN GENERAL.—The worldwide level of em-
ployment-based immigrants under this subsection for 
a fiscal year is equal to the sum of— 
‘‘(A) 140,000; 
‘‘(B) the number computed under para-
graph (2); and 
‘‘(C) the number computed under para-
graph (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 pre-
vious fiscal year; and 
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SEC. 102. RECLASSIFICATION OF SPOUSES AND MINOR 
CHILDREN 
OF 
LEGAL 
PERMANENT 
RESI-
DENTS AS IMMEDIATE RELATIVES. 
(a) IN GENERAL.—Section 201(b)(2) of the Immi-
gration and Nationality Act (8 U.S.C. 1151(b)(2)) is 
amended to read as follows: 
‘‘(2) IMMEDIATE RELATIVE.— 
‘‘(A) IN GENERAL.— 
‘‘(i) 
IMMEDIATE
RELATIVE
DE-
FINED.—In this subparagraph, the term 
‘immediate relative’ means a child, spouse, 
or parent of a citizen of the United States 
or a child or spouse of a lawful permanent 
resident (and for each family member of a 
citizen or lawful permanent resident under 
this subparagraph, such individual’s spouse 
or child who is accompanying or following 
to join the individual), except that, in the 
case of parents, such citizens shall be at 
least 21 years of age. 
‘‘(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 accom-
panying parent who is an immediate rel-
ative. 
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‘‘(iii) PARENTS AND CHILDREN.—An 
alien who was the child or parent of a cit-
izen 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 204(a)(1)(A)(ii) with-
in 2 years after such date or prior to 
reaching 21 years of age. 
‘‘(iv) SPOUSE.—An alien who was the 
spouse 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 resi-
dent’s death or, if married for less than 2 
years at the time of the citizen’s or resi-
dent’s death, proves by a preponderance of 
the evidence that the marriage was entered 
into in good faith and not solely for the 
purpose of obtaining an immigration ben-
efit and was not legally separated from the 
citizen or resident at the time of the citi-
zen’s or resident’s death, and each child of 
such alien, shall be considered, for pur-
poses of this subsection, an immediate rel-
ative after the date of the citizen’s or resi-
dent’s death if the spouse files a petition 
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under section 204(a)(1)(A)(ii) before the 
earlier of— 
‘‘(I) 2 years after such date; or 
‘‘(II) the date on which the 
spouse remarries. 
‘‘(v) SPECIAL RULE.—For purposes of 
this subparagraph, an alien who has filed 
a petition under clause (iii) or (iv) of sec-
tion 204(a)(1)(A) remains an immediate 
relative if the United States citizen or law-
ful permanent resident spouse 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 ad-
mitted for permanent residence during a tem-
porary visit abroad.’’. 
(b) ALLOCATION
OF IMMIGRANT VISAS.—Section 
203(a) of the Immigration and Nationality Act (8 U.S.C. 
1153(a)) is amended— 
(1) in paragraph (1), by striking ‘‘23,400’’ and 
inserting ‘‘127,200’’; 
(2) by striking paragraph (2) and inserting the 
following: 
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‘‘(2) 
UNMARRIED
SONS
AND
UNMARRIED 
DAUGHTERS OF PERMANENT RESIDENT ALIENS.— 
Qualified immigrants who are the unmarried sons or 
unmarried daughters (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’’ and 
inserting ‘‘80,640’’; and 
(4) in paragraph (4), by striking ‘‘65,000’’ and 
inserting ‘‘191,520’’. 
(c) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) RULES FOR DETERMINING WHETHER CER-
TAIN ALIENS ARE IMMEDIATE RELATIVES.—Section 
201(f) of the Immigration and Nationality Act (8 
U.S.C. 1151(f)) is amended— 
(A) in paragraph (1), by striking ‘‘para-
graphs (2) and (3),’’ and inserting ‘‘paragraph 
(2),’’; 
(B) by striking paragraph (2); 
(C) by redesignating paragraphs (3) and 
(4) as paragraphs (2) and (3), respectively; and 
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(D) in paragraph (3), as redesignated by 
subparagraph (C), by striking ‘‘through (3)’’ 
and inserting ‘‘and (2)’’. 
(2) NUMERICAL
LIMITATION
TO
ANY
SINGLE 
FOREIGN STATE.—Section 202 of the Immigration 
and Nationality Act (8 U.S.C. 1152) is amended— 
(A) in subsection (a)(4)— 
(i) by striking subparagraphs (A) and 
(B); 
(ii) by redesignating subparagraphs 
(C) and (D) as subparagraphs (A) and 
(B), respectively; and 
(iii) in subparagraph (A), as redesig-
nated by clause (ii), by striking ‘‘section 
203(a)(2)(B)’’ 
and 
inserting 
‘‘section 
203(a)(2)’’; and 
(B) in subsection (e), in the flush matter 
following paragraph (3), by striking ‘‘, or as 
limiting the number of visas that may be issued 
under section 203(a)(2)(A) pursuant to sub-
section (a)(4)(A)’’. 
(3) ALLOCATION OF IMMIGRATION VISAS.—Sec-
tion 203(h) of the Immigration and Nationality Act 
(8 U.S.C. 1153(h)) is amended— 
(A) in paragraph (1)— 
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(i) in the matter preceding subpara-
graph 
(A), 
by 
striking 
‘‘subsections 
(a)(2)(A) and (d)’’ and inserting ‘‘sub-
section (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),’’ and in-
serting ‘‘became available for the alien’s 
parent,’’; and 
(iii) in subparagraph (B), by striking 
‘‘applicable’’; 
(B) by amending paragraph (2) to read as 
follows: 
‘‘(2) PETITIONS DESCRIBED.—The petition de-
scribed 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 ‘‘sub-
sections (a)(2)(A) and (d)’’ and inserting ‘‘sub-
section (d)’’. 
(4) PROCEDURE
FOR
GRANTING
IMMIGRANT 
STATUS.—Section 204 of the Immigration and Na-
tionality Act (8 U.S.C. 1154) is amended— 
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(A) in subsection (a)(1)— 
(i) in subparagraph (A)— 
(I) in clause (i), by inserting ‘‘or 
lawful permanent resident’’ after ‘‘cit-
izen’’; 
(II) in clause (ii), by striking 
‘‘described in the second sentence of 
section 201(b)(2)(A)(i) also’’ and in-
serting ‘‘, 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’’ after ‘‘citizen’’; and 
(bb) in subclause (II)(aa)— 
(AA) in subitems (AA) 
and (BB), by inserting ‘‘or 
legal permanent resident;’’ 
after ‘‘citizen’’ each place 
that term appears; 
(BB) in subitem (CC), 
by inserting ‘‘or legal per-
manent resident’’ after ‘‘cit-
izen’’ each place that term 
appears; and 
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(CC) 
in 
subitem 
(CC)(bbb), by inserting ‘‘or 
legal permanent resident’’ 
after ‘‘citizenship’’; 
(IV) in clause (iv), by inserting 
‘‘or legal permanent resident’’ after 
‘‘citizen’’ each place that term ap-
pears; 
(V) in clause (v)(I), by inserting 
‘‘or legal permanent resident’’ after 
‘‘citizen’’; and 
(VI) in clause (vi)— 
(aa) by inserting ‘‘or legal 
permanent resident status’’ after 
‘‘renunciation 
of 
citizenship’’; 
and 
(bb) by inserting ‘‘or legal 
permanent resident’’ after ‘‘abus-
er’s citizenship’’; 
(ii) by striking subparagraph (B); 
(iii) in subparagraph (C), by striking 
‘‘subparagraph (A)(iii), (A)(iv), (B)(ii), or 
(B)(iii)’’ and inserting ‘‘clause (iii) or (iv) 
of subparagraph (A)’’; and 
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(iv) in subparagraph (J), by striking 
‘‘or clause (ii) or (iii) of subparagraph 
(B)’’; 
(B) in subsection (a), by striking para-
graph (2); 
(C) in subsection (c)(1), by striking ‘‘or 
preference status’’; and 
(D) in subsection (h), by striking ‘‘or a pe-
tition filed under subsection (a)(1)(B)(ii)’’. 
SEC. 103. COUNTRY LIMITS. 
Section 202(a)(2) of the Immigration and Nationality 
Act (8 U.S.C. 1152(a)(2)) is amended by striking ‘‘7 per-
cent (in the case of a single foreign state) or 2 percent’’ 
and inserting ‘‘10 percent (in the case of a single foreign 
state) or 5 percent’’. 
SEC. 104. PROMOTING FAMILY UNITY. 
(a) 
ALIENS
PREVIOUSLY
REMOVED.—Section 
212(a)(9) of the Immigration and Nationality Act (8 
U.S.C. 1182(a)(9)) is amended— 
(1) in subparagraph (B)— 
(A) in clause (iii)— 
(i) in subclause (I), by striking ‘‘18 
years of age’’ and inserting ‘‘21 years of 
age’’; 
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(ii) by moving subclause (V) 4 ems to 
the right; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(VI) Clause (i) shall not apply 
to an alien for whom an immigrant 
visa is available or was available on or 
before the date of the enactment of 
the Reuniting Families Act, and is 
otherwise admissible to the United 
States for permanent residence.’’; and 
(B) in clause (v)— 
(i) by striking ‘‘spouse or son or 
daughter’’ and inserting ‘‘spouse, son, 
daughter, or parent’’; 
(ii) by striking ‘‘extreme’’; 
(iii) by inserting ‘‘, son, daughter, or’’ 
after ‘‘lawfully resident spouse’’; and 
(iv) by striking ‘‘alien.’’ and inserting 
‘‘alien or, if the Secretary of Homeland Se-
curity determines that a waiver is nec-
essary for humanitarian purposes, to en-
sure family unity or is otherwise in the 
public interest.’’; and 
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(2) in subparagraph (C), by amending clause 
(ii) to read as follows: 
‘‘(ii) EXCEPTIONS.—Clause (i) shall 
not apply to an alien— 
‘‘(I) seeking admission more than 
10 years after the date of the alien’s 
last departure from the United States 
if, prior to the alien’s reembarkation 
at a place outside the United States 
or attempt to be readmitted from a 
foreign contiguous territory, the Sec-
retary of Homeland Security has con-
sented to the alien’s reapplication for 
admission; or 
‘‘(II) for whom an immigrant 
visa is available or was available on or 
before the date of the enactment of 
the Reuniting Families Act, and is 
otherwise admissible to the United 
States for permanent residence.’’. 
(b) FALSE CLAIMS AND MISREPRESENTATIONS.— 
The Immigration and Nationality Act (8 U.S.C. 1101 et 
seq.) is amended— 
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(1) 
in 
section 
237(a)(3)(D) 
(8 
U.S.C. 
1227(a)(3)(D)), by inserting ‘‘and willfully’’ after 
‘‘falsely’’ each place such term appears; 
(2) in section 212(a)(6)(C)(ii) (8 U.S.C. 
1182(a)(6)(C)(ii)), by inserting ‘‘and willfully’’ after 
‘‘falsely’’ each place such term appears; 
(3) in section 212(a)(6)(C)(iii) (8 U.S.C. 
1182(a)(6)(C)(iii)), by striking ‘‘of clause (i)’’; and 
(4) by amending section 212(i)(1) (8 U.S.C. 
1182(i)(1)) to read as follows: 
‘‘(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 sub-
section (a)(6)(C) in the case of an immigrant who is the 
parent, spouse, 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 satisfac-
tion of the Attorney General or the Secretary that the ad-
mission to the United States of such alien would not be 
contrary to the national welfare, safety, or security of the 
United States.’’. 
SEC. 105. RELIEF FOR ORPHANS, WIDOWS, AND WIDOWERS. 
(a) IN GENERAL.— 
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(1) 
SPECIAL
RULE
FOR
ORPHANS
AND 
SPOUSES.—In applying clauses (iii) and (iv) of sec-
tion 201(b)(2)(A) of the Immigration and Nation-
ality Act, as added by section 102(a) of this Act, to 
an alien whose citizen or lawful permanent resident 
relative died before the date of the enactment of this 
Act, the alien relative may file the classification peti-
tion under section 204(a)(1)(A)(ii) of such Act, as 
amended by section 102(c)(4)(A)(i)(II) of this Act, 
not later than 2 years after the date of the enact-
ment of this 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, as amended by section 102(a) of this Act) due 
to the death of such citizen or resident— 
(A) such alien shall be eligible for parole 
into the United States pursuant to the Sec-
retary of Homeland Security’s discretionary au-
thority under section 212(d)(5) of such Act (8 
U.S.C. 1182(d)(5)); and 
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