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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.
(2) It is the intent of Congress to provide the Attorney
General and Secretary of Homeland Security 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 Secretary of
Homeland Security with the ability to expand 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 adversely 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
an approved petition under
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 resident
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 subparagraph (B),'' after ''Any alien''.
(d) False Claims.--
(1) Inadmissibility.--
(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 material 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 inadmissible.
''(ii) Falsely claiming citizenship.--
''(I) Inadmissibility.--Subject to
subclause (II), any alien who knowingly
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 inadmissible.
''(II) Special rule.--An alien
shall not be inadmissible under this
clause if the misrepresentation
described in subclause (I) was made by
the alien when the alien--
''(aa) was under 18 years
of age; or
''(bb) otherwise lacked the
mental competence to knowingly
misrepresent a claim of United
States citizenship.
''(iii) Waiver.--The Attorney General or
the Secretary of Homeland Security may, in the
discretion of the Attorney General or the
Secretary, waive the application of clause (i)
or (ii)(I) for an alien, regardless whether the
alien is within or outside the United States,
if the Attorney General or the Secretary find
that a determination of inadmissibility to the
United States for such alien would--
''(I) result in hardship to the
alien or to the alien's parent, spouse,
son, or daughter who is a citizen of
the United States or an alien lawfully
admitted for permanent residence; or
''(II) in the case of a VAWA self-
petitioner, result in hardship to the
alien or a parent or child of the alien
who is a citizen of the United States,
an alien lawfully admitted for
permanent residence, or a qualified
alien (as defined in section 431 of the
Personal Responsibility and Work
Opportunity Reconciliation Act of 1996
(8 U.S.C. 1641(b))).
For purposes of this clause, family separation
in and of itself shall be deemed to be a
hardship.
''(iv) Limitation on review.--No court
shall have jurisdiction to review a decision or
action of the Attorney General or the Secretary
regarding a waiver under clause (iii).''.
(B) Conforming amendment.--Section 212 of the
Immigration and Nationality Act (8 U.S.C. 1182) is
amended by striking subsection (i).
(2) Deportability.--Section 237(a)(3)(D) of the Immigration
and Nationality Act (8 U.S.C. 1227(a)(3)(D)) is amended to read
as follows:
''(D) Falsely claiming citizenship.--Any alien
described in section 212(a)(6)(C)(ii) is deportable.''.
(e) Definition of Conviction.--
(1) Section 101(a)(48) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(48)) is amended by striking subparagraphs
(A) and (B) and inserting the following:
''(A) The term 'conviction' means, with respect to
an alien, a final, formal judgment of guilt entered by
a court. Where a State or Federal court enters an
adjudication or judgment of guilt that has been
withheld, deferred, expunged, annulled, invalidated or
vacated, or enters an order of probation without entry
of judgment, or any similar disposition under State or
Federal law such judgment or adjudication shall not be
considered a conviction for purposes of this Act.
''(B) Any pardon entered by a State or Federal
authority shall render the prior conviction null and
void for all purposes under this Act.
''(C) Any reference to a term of imprisonment or a
sentence with respect to an offense is deemed to
include only the actual period of incarceration or
confinement ordered by a court of law. The suspension
of the imposition or execution of that imprisonment or
sentence in whole or in part shall not be included as a
part of the sentence for purposes of this Act.''.
(2) Effective date and application.--The amendments made by
subsection (a) shall take effect on the date of the enactment
of this Act and shall apply to convictions and sentences
entered before, on, or after the date of the enactment of this
Act.

SEC. 5. DISCRETIONARY AUTHORITY WITH RESPECT TO REMOVAL, DEPORTATION,
INELIGIBILITY OR INADMISSIBILITY OF CITIZEN AND RESIDENT
IMMEDIATE FAMILY MEMBERS.

(a) Applications for Relief From Removal.--Section 240(c)(4) of the
Immigration and Nationality Act (8 U.S.C. 1229a(c)(4)) is amended by
adding at the end the following:
''(D) Judicial discretion.--In the case of an alien
subject to removal, deportation, ineligibility or
inadmissibility, the immigration judge may exercise
discretion to decline to order the alien removable,
deportable, ineligible or inadmissible from the United
States and terminate proceedings or grant permission to
reapply for admission or any application for relief
from removal if the judge determines that such removal,
deportation, ineligibility or inadmissibility is
against the public interest or would result in hardship
to the alien's United States citizen or lawful
permanent resident parent, spouse, or child, or the
judge determines the alien is prima facie eligible for
naturalization except that this subparagraph shall not
apply to an alien whom the judge determines--
''(i) is inadmissible or deportable under--
''(I) subparagraph (B), (C),
(D)(ii), (E), (H), or (I) of section
212(a)(2);
''(II) section 212(a)(3);
''(III) subparagraph (A), (C), or
(D) of section 212(a)(10); or
''(IV) paragraph (2)(A)(ii),
(2)(A)(v), (2)(F), (4), or (6) of
section 237(a); or
''(ii) has--
''(I) engaged in conduct described
in paragraph (8) or (9) of section 103
of the Trafficking Victims Protection
Act of 2000 (22 U.S.C. 7102); or
''(II) a felony conviction
described in section 101(a)(43) that
would have been classified as an
aggravated felony at the time of
conviction.
For purposes of this subparagraph, family
separation in and of itself shall be deemed to
be a hardship and shall be deemed to be against
the public interest.''.
(b) Secretary's Discretion.--Section 212 of the Immigration and
Nationality Act (8 U.S.C. 1182) is amended by adding at the end the
following:
''(u) Secretary's Discretion.--In the case of an alien who is
inadmissible under this section or deportable under section 237 or
ineligible under any provision of this Act, the Secretary of Homeland
Security may exercise discretion to waive a ground of ineligibility,
inadmissibility or deportability or grant permission to reapply for
admission or any application for immigration benefits if the Secretary
determines that such ineligibility, removal or refusal of admission is
against the public interest or would result in hardship, including
family separation, to the alien's United States citizen or permanent
resident parent, spouse, or child. For purposes of this subsection,
family separation in and of itself shall be deemed to be a hardship and
shall be deemed to be against the public interest. This subsection
shall not apply to an alien whom the Secretary determines--
''(1) is inadmissible or deportable under--
''(A) subparagraph (B), (C), (D)(ii), (E), (H), or
(I) of subsection (a)(2);
''(B) subsection (a)(3);
''(C) subparagraph (A), (C), or (D) of subsection
(a)(10);
''(D) paragraph (2)(A)(ii), (2)(A)(v), (2)(F), or
(6) of section 237(a); or
''(E) section 240(c)(4)(D)(ii)(II); or
''(2) has--
''(A) engaged in conduct described in paragraph (8)
or (9) of section 103 of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7102);
''(B) a felony conviction described in section
101(a)(43) that would have been classified as an
aggravated felony at the time of conviction;''.
(c) Reinstatement of Removal Orders.--Section 241(a)(5) of the
Immigration and Nationality Act (8 U.S.C. 1231(a)(5)) is amended by
striking the period at the end and inserting '', unless the alien
reentered prior to attaining the age of 18 years, or reinstatement of
the prior order of removal would not be in the public interest or would
result in hardship, including family separation, to the alien's United
States citizen or permanent resident parent, spouse, or child.''.
American Families United Act - States that nothing in this Act shall be construed to enable the Attorney General (DOJ) or the Secretary of Homeland Security (DHS) to expand his or her discretionary authority beyond a case-by-case basis, or to provide legalization or nationalization of persons covered under this Act. Amends the Immigration and Nationality Act (INA) to revise waiver of inadmissibility requirements, among other things waiving inadmissibility for: (1) certain persons who entered the United States before age 16 who have earned a degree from a U.S. institution of higher education, (2) false claims of U.S. citizenship by persons under age 18 or lacking mental competence to knowingly misrepresent a claim, and (3) false claims of U.S. citizenship if inadmissibility would create family separation hardship for the alien (including a self-petitioner under the Violence Against Women Act) or for a U.S. citizen or lawful permanent resident family member. Authorizes parents of U.S. citizens or lawful permanent residents to apply for a waiver of inadmissibility for unlawful presence. Places a three-year limit on immigration-related misrepresentations rendering aliens inadmissible. Revises the definition "conviction" for INA purposes. Authorizes an immigration judge in specified circumstances, including family separation hardship, but with certain exceptions, to decline to order an alien removed, deported, or excluded and terminate related proceedings or grant permission to reapply for admission or for relief from removal.