I 
115TH CONGRESS 
1ST SESSION H. R. 1036 
To amend the Immigration and Nationality Act to promote family unity, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 14, 2017 
Mr. O’ROURKE (for himself, Mr. PEARCE, and Mr. SWALWELL of California) 
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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘American Families 
United Act’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) The rights and interests of U.S. citizens 
should be protected by our Nation’s immigration 
laws. 
VerDate Sep 11 2014 
22:48 Feb 21, 2017
Jkt 069200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H1036.IH
H1036
mstockstill on DSK3G9T082PROD with BILLS
(2) It is the intent of Congress to provide the 
Attorney General and Secretary of Homeland Secu-
rity with the limited ability to provide fairness to the 
spouses, children and parents of American citizens 
in immigration proceedings on a case-by-case basis. 
SEC. 3. RULES OF CONSTRUCTION. 
Nothing in this Act shall be construed— 
(1) to provide the Attorney General or the Sec-
retary of Homeland Security with the ability to ex-
pand the discretionary authority beyond a case-by- 
case basis; or 
(2) to provide, confirm or concur legalization or 
nationalization of persons covered under this Act, it 
is solely designed to address hardships incurred by 
a small minority of American families that are ad-
versely affected by inadmissibility and deportation 
provisions that cause family separation. 
SEC. 4. WAIVERS OF INADMISSIBILITY. 
(a) ALIENS WHO ENTERED AS CHILDREN.—Section 
212(a)(9)(B)(iii) of the Immigration and Nationality Act 
(8 U.S.C. 1182(a)(9)(B)(iii)) is amended by adding at the 
end the following: 
‘‘(VI) ALIENS WHO ENTERED AS 
CHILDREN.—Clause (i) shall not apply 
to an alien who is the beneficiary of 
VerDate Sep 11 2014 
22:48 Feb 21, 2017
Jkt 069200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H1036.IH
H1036
mstockstill on DSK3G9T082PROD with BILLS
an approved petition under section 
101(a)(15)(H) and who has earned a 
baccalaureate or higher degree from a 
United States institution of higher 
education 
(as 
defined 
in 
section 
101(a) of the Higher Education Act 
of 1965 (20 U.S.C. 1001(a))), and 
had not yet reached the age of 16 
years at the time of initial entry to 
the United States.’’. 
(b) 
ALIENS
UNLAWFULLY
PRESENT.—Section 
212(a)(9)(B)(v) of the Immigration and Nationality Act 
(8 U.S.C. 1181(a)(9)(B)(v)) is amended— 
(1) by striking ‘‘spouse or son or daughter’’ and 
inserting ‘‘spouse, son, daughter, or parent’’; 
(2) by striking ‘‘extreme’’; and 
(3) by inserting ‘‘, child,’’ after ‘‘lawfully resi-
dent spouse’’. 
(c) PREVIOUS IMMIGRATION VIOLATIONS.—Section 
212(a)(9)(C)(i) of the Immigration and Nationality Act 
(8 U.S.C. 1182(a)(9)(C)(i)) is amended by adding ‘‘, other 
than an alien described in clause (iii) or (iv) of subpara-
graph (B),’’ after ‘‘Any alien’’. 
(d) FALSE CLAIMS.— 
(1) INADMISSIBILITY.— 
VerDate Sep 11 2014 
22:48 Feb 21, 2017
Jkt 069200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H1036.IH
H1036
mstockstill on DSK3G9T082PROD with BILLS
(A) IN GENERAL.—Section 212(a)(6)(C) of 
the Immigration and Nationality Act (8 U.S.C. 
1182(a)(6)(C)) is amended to read as follows: 
‘‘(C) MISREPRESENTATION.— 
‘‘(i) IN GENERAL.—Any alien who, by 
fraud or willfully misrepresenting a mate-
rial fact, seeks to procure (or within the 
last 3 years has sought to procure or has 
procured) a visa, other documentation, or 
admission into the United States or other 
benefit provided under this Act is inadmis-
sible. 
‘‘(ii) FALSELY
CLAIMING
CITIZEN-
SHIP.— 
‘‘(I) INADMISSIBILITY.—Subject 
to subclause (II), any alien who know-
ingly misrepresents himself or herself 
to be a citizen of the United States 
for any purpose or benefit under this 
chapter (including section 274A) or 
any other Federal or State law is in-
admissible. 
‘‘(II) SPECIAL
RULE.—An alien 
shall not be inadmissible under this 
clause if the misrepresentation de-
VerDate Sep 11 2014 
22:48 Feb 21, 2017
Jkt 069200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H1036.IH
H1036
mstockstill on DSK3G9T082PROD with BILLS