Title: Reuniting Families Act
Policy area: Immigration

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.



[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3799 Introduced in House (IH)]

<DOC>






116th CONGRESS
  1st Session
                                H. R. 3799

 To amend the Immigration and Nationality Act to promote family unity, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 17, 2019

  Ms. Judy Chu of California (for herself, Mr. Engel, Ms. Moore, Mr. 
Krishnamoorthi, Ms. Lee of California, Mr. Gallego, Mr. McGovern, Mrs. 
  Napolitano, Mr. Espaillat, Ms. Lofgren, Ms. Eshoo, Mr. Serrano, Ms. 
Schakowsky, Mr. Soto, Mrs. Watson Coleman, Mr. Quigley, Mr. Nadler, Mr. 
   Khanna, Mr. Vargas, Mr. Levin of California, Mr. DeSaulnier, Ms. 
 Haaland, Mr. Kennedy, Ms. Jayapal, Ms. Roybal-Allard, Mr. Blumenauer, 
  Ms. Tlaib, Mr. Raskin, Ms. Matsui, Ms. Bonamici, Mr. Cisneros, Ms. 
 Mucarsel-Powell, Mr. Swalwell of California, Ms. Norton, Mr. Smith of 
Washington, and Mrs. Kirkpatrick) 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 Representatives 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, 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. Fiancee 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.

   TITLE I--REDUCING FAMILY-BASED VISA BACKLOGS AND PROMOTING FAMILY 
                             REUNIFICATION

SEC. 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)) is amended to 
read as follows:
    ``(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)) is amended to 
read as follows:
    ``(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)) is 
amended by adding at the end the following:
            ``(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.

SEC. 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)) is amended to read as follows:
            ``(2) Immediate relative.--
                    ``(A) In general.--
                            ``(i) Immediate relative defined.--In this 
                        subparagraph, the term `immediate relative' 
                        means a child, spouse, permanent partner, or 
                        parent of a citizen of the United States or a 
                        child, spouse, or permanent partner of a lawful 
                        permanent resident (and for each family member 
                        of a citizen or lawful permanent resident under 
                        this subparagraph, such individual's spouse, 
                        permanent partner, 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 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)) is amended--
            (1) in paragraph (1), by striking ``23,400'' and inserting 
        ``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'' 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 certain 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 ``paragraphs (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
                    (D) in paragraph (3), as redesignated by 
                subparagraph (C), by striking ``through (3)'' and 
                inserting ``and (2)''.
            (2) Allocation of immigration visas.--Section 203(h) of the 
        Immigration and Nationality Act (8 U.S.C. 1153(h)) is amended--
                    (A) in paragraph (1)--
                            (i) in the matter preceding subparagraph 
                        (A), by striking ``subsections (a)(2)(A) and 
                        (d)'' and inserting ``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),'' and inserting ``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 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)'' and inserting ``subsection (d)''.
            (3) Procedure for granting immigrant status.--Section 204 
        of the Immigration and Nationality Act (8 U.S.C. 1154) is 
        amended--
                    (A) in subsection (a)(1)--
                            (i) in subparagraph (A)--
                                    (I) in clause (i), by inserting 
                                ``or lawful permanent resident'' after 
                                ``citizen'';
                                    (II) in clause (ii), by striking 
                                ``described in the second sentence of 
                                section 201(b)(2)(A)(i) also'' and 
                                inserting ``, 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 permanent 
                                                resident'' after 
                                                ``citizen'' each place 
                                                that term appears; and

                                                    (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 
                                appears;
                                    (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 ``abuser'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
                            (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''; and
                    (D) in subsection (h), by striking ``or a petition 
                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 percent (in the case of a single 
foreign state) or 2 percent'''' and inserting ``20 percent (in the case 
of a single foreign state) or 5 percent''.

SEC. 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)) 
is amended to read as follows:
            ``(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 et seq.) is amended--
            (1) by amending section 212(a)(6)(C)(ii) (8 U.S.C. 
        1182(a)(6)(C)(ii)) to read as follows:
                            ``(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)), by striking ``of clause (i)'';
            (3) by amending subsection (i)(1) of section 212 (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 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)) to read as follows:
                    ``(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) is amended by inserting after 
subsection (b) the following:
    ``(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) is amended by adding at the end the 
following:
    ``(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.''.

SEC. 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, 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 petition 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 enactment 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 Secretary of Homeland 
                Security's discretionary authority under section 
                212(d)(5) of such Act (8 U.S.C. 1182(d)(5)); and
                    (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)), was excluded, deported, removed, or departed 
        voluntarily before the date of the enactment of this 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)); and
                    (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)) is amended--
                    (A) by striking ``After an investigation'' and 
                inserting the following:
            ``(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)), an alien's 
                application for an immigrant visa shall be considered 
                if the alien was excluded, deported, removed, or 
                departed voluntarily before the date of the enactment 
                of this Act.
    (c) Naturalization.--Section 319(a) of the Immigration and 
Nationality Act (8 U.S.C. 1430(a)) is amended--
            (1) by inserting ``or permanent partner'' after ``spouse'' 
        each place such term appears;
            (2) by inserting ``(or, if the spouse is deceased, the 
        spouse was a citizen of the United States)'' after ``citizen of 
        the United States''; and
            (3) by inserting ``or permanent partnership'' after 
        ``marital union''.
    (d) Waivers of Inadmissibility.--Section 212 of the Immigration and 
Nationality Act (8 U.S.C. 1182) is amended--
            (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)) is amended--
            (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''; and
            (2) by striking ``any related applications,'' and inserting 
        ``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)) is amended 
by striking ``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'' and inserting a 
        semicolon;
            (2) in subclause (II), by striking ``or'' at the end; and
            (3) by adding at the end the following:
                                    ``(IV) the status as a surviving 
                                relative under section 204(l); or''.

SEC. 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)) 
is amended by adding at the end the following:
            ``(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 note).''.

SEC. 107. FIANCEE 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)) is amended by inserting 
``, 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 
fiancee or fiance 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))'' before the semicolon at 
the end.
    (b) Adjustment of Status Authorized.--Section 214(d) of the 
Immigration and Nationality Act (8 U.S.C. 1184(d)(1)) is amended--
            (1) by redesignating paragraphs (2) and (3) as paragraphs 
        (3) and (4), respectively; and
            (2) in paragraph (1), by striking ``In the event'' and 
        inserting the following:
    ``(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)) is amended--
            (1) by inserting ``(1)'' before ``The Attorney General''; 
        and
            (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 fiancee or 
fiance 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.

SEC. 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)) is amended by striking ``, provided the child had 
not reached the age of eighteen years at the time the marriage creating 
the status of stepchild occurred''.

SEC. 109. RETENTION OF PRIORITY DATES.

    Section 203 of the Immigration and Nationality Act (8 U.S.C. 1153) 
is amended--
            (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.''.

SEC. 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) is amended by adding at the end the 
following:
    ``(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' endorsement or other appropriate work permit.''.
    (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)) is amending by inserting at the end 
        ``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)) is amended by inserting at the end of the 
        paragraph:
            ``(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.''.

                TITLE II--UNITING AMERICAN FAMILIES ACT

SEC. 201. DEFINITIONS OF PERMANENT PARTNER AND PERMANENT PARTNERSHIP.

    Section 101(a) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)) is amended--
            (1) in paragraph (15)(K)(ii), by inserting ``or permanent 
        partnership'' after ``marriage''; and
            (2) by adding at the end the following:
            ``(52) The term `permanent partner' means an individual 18 
        years of age or older who--
                    ``(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' means the 
        relationship that exists between two permanent partners.
            ``(54) The term `alien permanent partner' means the 
        individual in a permanent partnership who is being sponsored 
        for a visa''.

SEC. 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)) 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) of the Immigration and Nationality 
Act (8 U.S.C. 1101(c)) is amended--
            (1) in paragraph (1), by inserting ``or as described in 
        subsection (b)(1)(H)'' after ``The term `child' means an 
        unmarried person under twenty-one years of age''; and
            (2) in paragraph (2), by inserting ``or a deceased 
        permanent partner of the deceased parent, father, or mother,'' 
        after ``deceased parent, father, and mother''.

SEC. 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)) is amended--
            (1) in the paragraph heading, by inserting ``, permanent 
        partners,'' after ``spouses'';
            (2) in the heading of subparagraph (A), by inserting ``, 
        permanent partners,'' after ``spouses''; and
            (3) in the heading of subparagraph (C), by striking ``and 
        daughters'' and inserting ``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)) is amended--
            (1) by inserting ``or permanent partner'' after ``spouse'' 
        each place it appears; and
            (2) by inserting ``or permanent partners'' after ``husband 
        and wife''.

SEC. 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)) is amended--
            (1) in the heading, by inserting ``and daughters and sons 
        with permanent partners'' after ``daughters''; and
            (2) by inserting ``, or daughters or sons with permanent 
        partners,'' after ``daughters''.
    (b) Employment Creation.--Section 203(b)(5)(A)(ii) of such Act (8 
U.S.C. 1153(b)(5)(A)(ii)) is amended by inserting ``permanent 
partner,'' after ``spouse,''.
    (c) Treatment of Family Members.--Section 203(d) of such Act (8 
U.S.C. 1153(d)) is amended--
            (1) by inserting ``, permanent partner,'' after ``spouse'' 
        each place it appears; and
            (2) by striking ``or (E)'' and inserting ``(E), or (H)''.

SEC. 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)) is amended--
            (1) in subparagraph (A)(ii), by inserting ``or permanent 
        partner'' after ``spouse'';
            (2) in subparagraph (A)(iii)--
                    (A) by inserting ``or permanent partner'' after 
                ``spouse'' each place it appears; and
                    (B) in subclause (I), by inserting ``or permanent 
                partnership'' after ``marriage'' each place it appears;
            (3) in subparagraph (A)(v)(I), by inserting ``permanent 
        partner,'' after ``is the spouse,'';
            (4) in subparagraph (A)(vi)--
                    (A) by inserting ``or termination of the permanent 
                partnership'' after ``divorce''; and
                    (B) by inserting ``, permanent partner,'' after 
                ``spouse''; and
            (5) in subparagraph (B)--
                    (A) by inserting ``or permanent partner'' after 
                ``spouse'' each place it appears;
                    (B) by inserting ``or permanent partnership'' after 
                ``marriage'' in clause (ii)(I)(aa) and the first place 
                it appears in clause (ii)(I)(bb); and
                    (C) in clause (ii)(II)(aa)(CC)(bbb), by inserting 
                ``(or the termination of the permanent partnership)'' 
                after ``termination of the marriage''.
    (b) Immigration Fraud Prevention.--Section 204(c) of such Act (8 
U.S.C. 1154(c)) is amended--
            (1) by inserting ``or permanent partner'' after ``spouse'' 
        each place it appears; and
            (2) by inserting ``or permanent partnership'' after 
        ``marriage'' each place it appears.
    (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)) is amended by inserting ``or permanent partnership'' 
after ``marriage'' each place it appears.
    (d) Survival of Rights to Petition.--Section 204(h) of such Act (8 
U.S.C. 1154(h)) is amended--
            (1) by inserting ``or permanent partnership'' after 
        ``marriage'' each place it appears; and
            (2) by inserting ``or formation of a new permanent 
        partnership'' after ``Remarriage''.

SEC. 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)) is amended--
            (1) in paragraph (2)--
                    (A) by inserting ``or permanent partner'' after 
                ``spouse'' each place it appears;
                    (B) by inserting ``or permanent partner's'' after 
                ``spouse's''; and
                    (C) in subparagraph (A)--
                            (i) by striking ``or'' after ``(D),''; and
                            (ii) by inserting ``, or (H)'' after 
                        ``(E)''; and
            (2) in paragraph (4), by inserting ``or permanent partner'' 
        after ``spouse''.

SEC. 207. ASYLUM.

    Section 208(b)(3) of the Immigration and Nationality Act (8 U.S.C. 
1158(b)(3)) is amended--
            (1) in the paragraph heading, by inserting ``or permanent 
        partner'' after ``spouse''; and
            (2) in subparagraph (A)--
                    (A) by inserting ``or permanent partner'' after 
                ``spouse'';
                    (B) by striking ``or'' after ``(D),''; and
                    (C) by inserting ``, or (H)'' after ``(E)''.

SEC. 208. ADJUSTMENT OF STATUS OF REFUGEES.

    Section 209(b)(3) of the Immigration and Nationality Act (8 U.S.C. 
1159(b)(3)) is amended by inserting ``or permanent partner'' after 
``spouse''.

SEC. 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)) is 
amended--
            (1) in paragraph (3)(D)(iv), by inserting ``permanent 
        partner,'' after ``spouse,'';
            (2) in paragraph (4)(C)(i)(I), by inserting ``, permanent 
        partner,'' after ``spouse'';
            (3) in paragraph (6)(E)(ii), by inserting ``permanent 
        partner,'' after ``spouse,''; and
            (4) in paragraph (9)(B)(v), by inserting ``, permanent 
        partner,'' after ``spouse''.
    (b) Waivers.--Section 212(d) of such Act (8 U.S.C. 1182(d)) is 
amended--
            (1) in paragraph (11), by inserting ``permanent partner,'' 
        after ``spouse,''; and
            (2) in paragraph (12), by inserting ``, permanent 
        partner,'' after ``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)) is amended by 
inserting ``or permanent partner'' after ``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)) is amended by 
inserting ``permanent partner,'' after ``spouse,''.
    (e) Waiver of Inadmissibility for Misrepresentation.--Section 
212(i)(1) of such Act (8 U.S.C. 1182(i)(1)) is amended by inserting 
``permanent partner,'' after ``spouse,''.

SEC. 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) 
is amended--
            (1) in subsection (e)(2), by inserting ``or permanent 
        partner'' after ``spouse''; and
            (2) in subsection (r)--
                    (A) in paragraph (1), by inserting ``or permanent 
                partner'' after ``spouse''; and
                    (B) by inserting ``or permanent partnership'' after 
                ``marriage'' each place it appears.

SEC. 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)) is amended--
            (1) in subparagraph (A)--
                    (A) in clause (i), by inserting ``, which shall 
                include permanent partners'' after ``immediate 
                family'';
                    (B) in clause (ii), by inserting ``, which shall 
                include permanent partners'' after ``immediate 
                families''; and
                    (C) in clause (iii), by inserting ``, which shall 
                include permanent partners,'' after ``immediate 
                families,'';
            (2) in subparagraph (E), by inserting ``or permanent 
        partner'' after ``spouse'';
            (3) in subparagraph (F)(ii), by inserting ``or permanent 
        partner'' after ``spouse'';
            (4) in subparagraph (G)(i), by inserting ``, which shall 
        include his or her permanent partner'' after ``members of his 
        or their immediate family'';
            (5) in subparagraph (G)(ii), by inserting ``, which shall 
        include permanent partners,'' after ``the members of their 
        immediate families'';
            (6) in subparagraph (G)(iii), by inserting ``, which shall 
        include his permanent partner,'' after ``the members of his 
        immediate family'';
            (7) in subparagraph (G)(iv), by inserting ``, which shall 
        include permanent partners'' after ``the members of their 
        immediate families'';
            (8) in subparagraph (G)(v), by inserting ``, which shall 
        include permanent partners'' after ``the members of the 
        immediate families'';
            (9) in subparagraph (H), by inserting ``or permanent 
        partner'' after ``spouse'';
            (10) in subparagraph (I), by inserting ``or permanent 
        partner'' after ``spouse'';
            (11) in subparagraph (J), by inserting ``or permanent 
        partner'' after ``spouse'';
            (12) in subparagraph (L), by inserting ``or permanent 
        partner'' after ``spouse'';
            (13) in subparagraph (M)(ii), by inserting ``or permanent 
        partner'' after ``spouse'';
            (14) in subparagraph (O)(iii), by inserting ``or permanent 
        partner'' after ``spouse'';
            (15) in subparagraph (P)(iv), by inserting ``or permanent 
        partner'' after ``spouse'';
            (16) in subparagraph (Q)(ii)(II), by inserting ``or 
        permanent partner'' after ``spouse'';
            (17) in subparagraph (R), by inserting ``or permanent 
        partner'' after ``spouse'';
            (18) in subparagraph (S), by inserting ``or permanent 
        partner'' after ``spouse'';
            (19) in subparagraph (T)(ii)(I), by inserting ``or 
        permanent partner'' after ``spouse'';
            (20) in subparagraph (T)(ii)(II), by inserting ``or 
        permanent partner'' after ``spouse'';
            (21) in subparagraph (U)(ii)(I), by inserting ``or 
        permanent partner'' after ``spouse'';
            (22) in subparagraph (U)(ii)(II), by inserting ``or 
        permanent partner'' after ``spouse''; and
            (23) in subparagraph (V), by inserting ``permanent partner 
        or'' after ``beneficiary (including a''.

SEC. 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) is amended by 
        inserting ``and permanent partners'' after ``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)) is 
amended--
            (1) in paragraph (1), by inserting ``or permanent partner'' 
        after ``spouse'';
            (2) in paragraph (2)(A), by inserting ``or permanent 
        partner'' after ``spouse'';
            (3) in paragraph (2)(B), by inserting ``permanent 
        partner,'' after ``spouse,''; and
            (4) in paragraph (2)(C), by inserting ``permanent 
        partner,'' after ``spouse,''.
    (c) Termination of Status if Finding That Qualifying Marriage 
Improper.--Section 216(b) of such Act (8 U.S.C. 1186a(b)) is amended--
            (1) in the heading, by inserting ``or Permanent 
        Partnership'' after ``Marriage'';
            (2) in paragraph (1)(A), by inserting ``or permanent 
        partnership'' after ``marriage''; and
            (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,'' after ``terminated,''; and
                    (B) by inserting ``or permanent partner'' after 
                ``spouse''.
    (d) Requirements of Timely Petition and Interview for Removal of 
Condition.--Section 216(c) of such Act (8 U.S.C. 1186a(c)) is amended--
            (1) in paragraphs (1), (2)(A)(ii), (3)(A)(ii), (3)(C), 
        (4)(B), and (4)(C), by inserting ``or permanent partner'' after 
        ``spouse'' each place it appears; and
            (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'' after ``marriage'' each 
        place it appears.
    (e) Contents of Petition.--Section 216(d)(1) of such Act (8 U.S.C. 
1186a(d)(1)) is amended--
            (1) in the heading of subparagraph (A), by inserting ``or 
        permanent partnership'' after ``marriage'';
            (2) in subparagraph (A)(i), by inserting ``or permanent 
        partnership'' after ``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,'' after ``terminated,''; and
                    (B) by inserting ``or permanent partner'' after 
                ``spouse'';
            (5) in subparagraph (A)(ii), by inserting ``or permanent 
        partner'' after ``spouse''; and
            (6) in subparagraph (B)(i)--
                    (A) by inserting ``or permanent partnership'' after 
                ``marriage''; and
                    (B) by inserting ``or permanent partner'' after 
                ``spouse''.
    (f) Definitions.--Section 216(g) of such Act (8 U.S.C. 1186a(g)) is 
amended--
            (1) in paragraph (1)--
                    (A) by inserting ``or permanent partner'' after 
                ``spouse'' each place it appears; and
                    (B) by inserting ``or permanent partnership'' after 
                ``marriage'' each place it appears;
            (2) in paragraph (2), by inserting ``or permanent 
        partnership'' after ``marriage'';
            (3) in paragraph (3), by inserting ``or permanent 
        partnership'' after ``marriage''; and
            (4) in paragraph (4)--
                    (A) by inserting ``or permanent partner'' after 
                ``spouse'' each place it appears; and
                    (B) by inserting ``or permanent partnership'' after 
                ``marriage''.

SEC. 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) is amended by 
        inserting ``or permanent partners'' after ``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)) is 
amended, in paragraphs (1), (2)(A), (2)(B), and (2)(C), by inserting 
``or permanent partner'' after ``spouse'' each place it appears.
    (c) Termination of Status if Finding That Qualifying 
Entrepreneurship Improper.--Section 216A(b)(1) of such Act (8 U.S.C. 
1186b(b)(1)) is amended by inserting ``or permanent partner'' after 
``spouse'' in the matter following subparagraph (C).
    (d) Requirements of Timely Petition and Interview for Removal of 
Condition.--Section 216A(c) of such Act (8 U.S.C. 1186b(c)) is amended, 
in paragraphs (1), (2)(A)(ii), and (3)(C), by inserting ``or permanent 
partner'' after ``spouse''.
    (e) Definitions.--Section 216A(f)(2) of such Act (8 U.S.C. 
1186b(f)(2)) is amended by inserting ``or permanent partner'' after 
``spouse'' each place it appears.

SEC. 214. DEPORTABLE ALIENS.

    Section 237(a) of the Immigration and Nationality Act (8 U.S.C. 
1227(a)) is amended--
            (1) in paragraph (1)(D)(i), by inserting ``or permanent 
        partners'' after ``spouses'' each place it appears;
            (2) in paragraphs (1)(E)(ii), (1)(E)(iii), and 
        (1)(H)(I)(I), by inserting ``or permanent partner'' after 
        ``spouse''; and
            (3) in paragraphs (2)(E)(i) and (3)(C)(ii), by inserting 
        ``or permanent partner'' after ``spouse'' each place it 
        appears.

SEC. 215. REMOVAL PROCEEDINGS.

    Section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a) 
is amended--
            (1) in the heading of subsection (c)(7)(C)(iv), by 
        inserting ``permanent partners,'' after ``spouses,''; and
            (2) in subsection (e)(1), by inserting ``or permanent 
        partner'' after ``spouse''.

SEC. 216. CANCELLATION OF REMOVAL; ADJUSTMENT OF STATUS.

    Section 240A(b) of the Immigration and Nationality Act (8 U.S.C. 
1229b(b)) is amended--
            (1) in paragraph (1)(D), by inserting ``or permanent 
        partner'' after ``spouse'';
            (2) in the heading for paragraph (2), by inserting ``, 
        permanent partner,'' after ``spouse''; and
            (3) in paragraph (2)(A), by inserting ``, permanent 
        partner,'' after ``spouse'' each place it appears.

SEC. 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)) is amended by 
inserting ``or permanent partnership'' after ``marriage''.
    (b) Avoiding Immigration Fraud.--Section 245(e) of such Act (8 
U.S.C. 1255(e)) is amended--
            (1) in paragraph (1), by inserting ``or permanent 
        partnership'' after ``marriage''; and
            (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)) is amended by inserting 
``or permanent partner'' after ``spouse'' each place it appears.
    (d) Adjustment of Status for Certain Alien Informants.--Section 
245(j) of such Act (8 U.S.C. 1255(j)) is amended--
            (1) in paragraph (1)--
                    (A) by inserting ``or permanent partner'' after 
                ``spouse''; and
                    (B) by inserting ``sons and daughters with and 
                without permanent partners,'' after ``daughters,''; and
            (2) in paragraph (2)--
                    (A) by inserting ``or permanent partner'' after 
                ``spouse''; and
                    (B) by inserting ``sons and daughters with and 
                without permanent partners,'' after ``daughters,''.
    (e) Trafficking.--Section 245(l)(1) of such Act is amended by 
inserting ``permanent partner,'' after ``spouse,''.

SEC. 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)) is amended to read as follows:
    ``(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.''.

SEC. 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)) is amended by inserting ``or permanent partner'' after 
``spouse''.

SEC. 220. NATURALIZATION FOR PERMANENT PARTNERS OF CITIZENS.

    Section 319 of the Immigration and Nationality Act (8 U.S.C. 1430) 
is amended--
            (1) in subsection (b)(1), by inserting ``or permanent 
        partner'' after ``spouse'';
            (2) in subsection (b)(3), by inserting ``or permanent 
        partner'' after ``spouse'';
            (3) in subsection (d)--
                    (A) by inserting ``or permanent partner'' after 
                ``spouse'' each place it appears; and
                    (B) by inserting ``or permanent partnership'' after 
                ``marital union'';
            (4) in subsection (e)(1)--
                    (A) by inserting ``or permanent partner'' after 
                ``spouse''; and
                    (B) by inserting ``or permanent partnership'' after 
                ``marital union''; and
            (5) in subsection (e)(2), by inserting ``or permanent 
        partner'' after ``spouse''.

SEC. 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) is amended--
            (1) in the heading, by inserting ``, permanent partners,'' 
        after ``spouses'';
            (2) in subsection (a), by inserting ``, permanent 
        partner,'' after ``spouse''; and
            (3) in each of subsections (b) and (c)--
                    (A) in the subsection headings, by inserting ``, 
                Permanent Partners,'' after ``Spouses''; and
                    (B) by inserting ``, permanent partner,'' after 
                ``spouse'' each place it appears.

SEC. 222. APPLICATION TO CUBAN ADJUSTMENT ACT.

    (a) In General.--The first section of Public Law 89-732 (November 
2, 1966; 8 U.S.C. 1255 note) is amended--
            (1) in the next to last sentence, by inserting ``, 
        permanent partner,'' after ``spouse'' the first two places it 
        appears; and
            (2) in the last sentence, by inserting ``, permanent 
        partners,'' after ``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)) is amended by striking ``or spouse'' and 
        inserting ``, 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 note; division B of Public Law 106-386) is 
        amended by striking ``or spouse'' and inserting ``, spouse, or 
        permanent partner''.

SEC. 223. NATIONALITY AT BIRTH.

    Section 301 of the Immigration and Nationality Act (8 U.S.C. 1401) 
is amended by adding at the end the following:
    ``(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.''.

TITLE III--PROMOTING DIVERSITY AND PROTECTING AGAINST DISCRIMINATION IN 
                         OUR IMMIGRATION SYSTEM

SEC. 301. INCREASING DIVERSITY VISAS.

    Section 201(e) 8 U.S.C. 1151(e) is amended by striking ``55,000'' 
and inserting ``80,000''.
                                 <all>