[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1510 Introduced in Senate (IS)]

  1st Session
                                S. 1510

To amend the Immigration and Nationality Act to provide a mechanism for 
United States citizens and lawful permanent residents to sponsor their 
 permanent partners for residence in the United States, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                July 31 (legislative day, July 21), 2003

  Mr. Leahy (for himself, Mr. Jeffords, Mr. Feingold, Mr. Kennedy, Mr. 
 Kerry, and Mr. Dayton) introduced the following bill; which was read 
          twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend the Immigration and Nationality Act to provide a mechanism for 
United States citizens and lawful permanent residents to sponsor their 
 permanent partners for residence in the United States, 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; AMENDMENTS TO IMMIGRATION AND NATIONALITY ACT.

    (a) Short Title.--This Act may be cited as the ``Permanent Partners 
Immigration Act of 2003''.
    (b) Amendments to Immigration and Nationality Act.--Except as 
otherwise specifically provided whenever in this Act an amendment or 
repeal is expressed as the amendment or repeal of a section or other 
provision, the reference shall be considered to be made to that section 
or provision in the Immigration and Nationality Act.

SEC. 2. DEFINITIONS.

    Section 101(a) (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:
    ``(51) 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;
            ``(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.
    ``(52) The term `permanent partnership' means the relationship that 
exists between two permanent partners.''.

SEC. 3. WORLDWIDE LEVEL OF IMMIGRATION.

    Section 201(b)(2)(A)(i) (8 U.S.C. 1151(b)(2)(A)(i)) is amended--
            (1) by inserting ``permanent partners,'' after 
        ``spouses,'';
            (2) by inserting ``or permanent partner'' after ``spouse'' 
        each place such term appears; and
            (3) by striking ``remarries.'' and inserting ``remarries or 
        enters a permanent partnership with another person.''.

SEC. 4. NUMERICAL LIMITATIONS ON INDIVIDUAL FOREIGN STATES.

    (a) Per Country Levels.--Section 202(a)(4) (8 U.S.C. 1152(a)(4)) is 
amended--
            (1) in the heading, by inserting ``, permanent partners,'' 
        after ``spouses'';
            (2) in subparagraph (A), in the heading by inserting ``, 
        permanent partners,'' after ``spouses''; and
            (3) in subparagraph (C), in the heading by inserting 
        ``without permanent partners'' after ``daughters''.
    (b) Rules for Chargeability.--Section 202(b)(2) (8 U.S.C. 
1152(b)(2)) is amended--
            (1) by inserting ``or permanent partner'' after ``spouse'' 
        each place such term appears; and
            (2) by inserting ``or permanent partners'' after ``husband 
        and wife''.

SEC. 5. ALLOCATION OF IMMIGRANT VISAS.

    (a) Preference Allocation for Family Members of Permanent Resident 
Aliens.--Section 203(a)(2) (8 U.S.C. 1153(a)(2)) is amended--
            (1) in the heading--
                    (A) by striking ``and'' after ``Spouses'' and 
                inserting ``, permanent partners,''; and
                    (B) by inserting ``without permanent partners'' 
                after ``sons'' and after ``daughters''; and
            (2) in subparagraph (A)--
                    (A) by inserting ``, permanent partners,'' after 
                ``spouses''; and
                    (B) by inserting ``without permanent partners'' 
                after ``sons'' and after ``daughters''.
    (b) Preference Allocation for Sons and Daughters of Citizens.--
Section 203(a)(3) (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''.
    (c) Employment Creation.--Section 203(b)(5)(A)(ii) (8 U.S.C. 
1153(b)(5)(A)(ii)) is amended by inserting ``permanent partner,'' after 
``spouse,''.
    (d) Treatment of Family Members.--Section 203(d) (8 U.S.C. 1153(d)) 
is amended by inserting ``, permanent partner,'' after ``spouse'' each 
place such term appears.

SEC. 6. PROCEDURE FOR GRANTING IMMIGRANT STATUS.

    (a) Classification Petitions.--Section 204(a)(1) (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 such term appears; and
                    (B) in subclause (I), by inserting ``or permanent 
                partnership'' after ``marriage'' each place such term 
                appears; and
            (3) in subparagraph (B)--
                    (A) by inserting ``or permanent partner'' after 
                ``spouse'' each place such term appears; and
                    (B) by inserting ``or permanent partnership'' after 
                ``marriage'' each place such term appears.
    (b) Immigration Fraud Prevention.--Section 204(c) (8 U.S.C. 
1154(c)) is amended--
            (1) by inserting ``or permanent partner'' after ``spouse'' 
        each place such term appears; and
            (2) by inserting ``or permanent partnership'' after 
        ``marriage'' each place such term appears.

SEC. 7. ANNUAL ADMISSION OF REFUGEES AND ADMISSION OF EMERGENCY 
              SITUATION REFUGEES.

    Section 207(c) (8 U.S.C. 1157(c)) is amended--
            (1) in paragraph (2)--
                    (A) by inserting ``, permanent partner,'' after 
                ``spouse'' each place such term appears; and
                    (B) by inserting ``, permanent partner's,'' after 
                ``spouse's''; and
            (2) in paragraph (4), by inserting ``, permanent partner,'' 
        after ``spouse''.

SEC. 8. ASYLUM.

    Section 208(b)(3) (8 U.S.C. 1158(b)(3)) is amended--
            (1) in the heading, by inserting ``or permanent partner'' 
        after ``spouse''; and
            (2) in subparagraph (A), by inserting ``, permanent 
        partner,'' after ``spouse''.

SEC. 9. ADJUSTMENT OF STATUS OF REFUGEES.

    Section 209(b)(3) (8 U.S.C. 1159(b)(3)) is amended by inserting ``, 
permanent partner,'' after ``spouse''.

SEC. 10. INADMISSIBLE ALIENS.

    (a) Classes of Aliens Ineligible for Visas or Admission.--Section 
212(a) (8 U.S.C. 1182(a)) is amended--
            (1) in paragraph (3)(D)(iv), by inserting ``permanent 
        partner,'' after ``spouse,'' each place such term appears;
            (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,'' each place such term appears; and
            (4) in paragraph (9)(B)(v), by inserting ``, permanent 
        partner,'' after ``spouse'' each place such term appears.
    (b) Waivers.--Section 212(d) (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) (8 U.S.C. 1182(g)(1)(A)) is amended by inserting ``, 
permanent partner,'' after ``spouse''.
    (d) Waivers of Inadmissibility on Criminal and Related Grounds.--
Section 212(h)(1)(B) (8 U.S.C. 1182(h)(1)(B)) is amended by inserting 
``permanent partner,'' after ``spouse,'' each place such term appears.
    (e) Waiver of Inadmissibility for Misrepresentation.--Section 
212(i)(1) (8 U.S.C. 1182(i)(1)) is amended--
            (1) by inserting ``permanent partner,'' after ``spouse,''; 
        and
            (2) by inserting ``, permanent partner,'' after ``resident 
        spouse''.

SEC. 11. NONIMMIGRANT STATUS FOR PERMANENT PARTNERS AWAITING THE 
              AVAILABILITY OF AN IMMIGRANT VISA.

    Section 214 (8 U.S.C. 1184) is amended--
            (1) by redesignating subsections (o) and (p) as added by 
        sections 1102(b) and 1103(b), respectively, of the Departments 
        of Commerce, Justice, and State, the Judiciary, and Related 
        Agencies Appropriations Act, 2001, as enacted into law by 
        section 1(a)(2) of Public Law 106-553, as subsections (p) and 
        (q), respectively; and
            (2) in subsection (q) (as so redesignated)--
                    (A) in paragraph (1), by inserting ``or permanent 
                partner'' after ``spouse''; and
                    (B) in paragraph (2), by inserting ``or permanent 
                partnership'' after ``marriage'' each place such term 
                appears.

SEC. 12. CONDITIONAL PERMANENT RESIDENT STATUS FOR CERTAIN ALIEN 
              SPOUSES, PERMANENT PARTNERS, AND SONS AND DAUGHTERS.

    (a) Section Heading.--
            (1) In general.--The section heading for section 216 (8 
        U.S.C. 1186a) is amended by inserting ``and permanent 
        partners'' after ``spouses''.
            (2) Clerical amendment.--The table of contents is amended 
        by amending the item relating to section 216 to read as 
        follows:

``Sec. 216. Conditional permanent resident status for certain alien 
                            spouses and permanent partners and sons and 
                            daughters.''.
    (b) In General.--Section 216(a) (8 U.S.C. 1186a(a)) 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) (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) (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 such term 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 such term appears.
    (e) Contents of Petition.--Section 216(d)(1) (8 U.S.C. 1186a(d)(1)) 
is amended--
            (1) in subparagraph (A)--
                    (A) in the heading, by inserting ``or permanent 
                partnership'' after ``marriage'';
                    (B) in clause (i)--
                            (i) in the matter preceding subclause (I), 
                        by inserting ``or permanent partnership'' after 
                        ``marriage'';
                            (ii) in subclause (I), by inserting before 
                        the comma at the end ``, or is a permanent 
                        partnership recognized under this Act''; and
                            (iii) in subclause (II)--
                                    (I) by inserting ``or has not 
                                ceased to satisfy the criteria for 
                                being considered a permanent 
                                partnership under this Act,'' after 
                                ``terminated,''; and
                                    (II) by inserting ``or permanent 
                                partner'' after ``spouse''; and
                    (C) in clause (ii), by inserting ``or permanent 
                partner'' after ``spouse''; and
            (2) in subparagraph (B)(i)--
                    (A) by inserting ``or permanent partnership'' after 
                ``marriage''; and
                    (B) by inserting ``or permanent partner'' after 
                ``spouse''.
    (e) Definitions.--Section 216(g) (8 U.S.C. 1186a(g)) is amended--
            (1) in paragraph (1)--
                    (A) by inserting ``or permanent partner'' after 
                ``spouse'' each place such term appears; and
                    (B) by inserting ``or permanent partnership'' after 
                ``marriage'' each place such term 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 such term appears; and
                    (B) by inserting ``or permanent partnership'' after 
                ``marriage''.

SEC. 13. CONDITIONAL PERMANENT RESIDENT STATUS FOR CERTAIN ALIEN 
              ENTREPRENEURS, SPOUSES, PERMANENT PARTNERS, AND CHILDREN.

    (a) Section Heading.--
            (1) In general.--Section 216A (8 U.S.C. 1186b) is amended 
        in the heading by inserting ``or permanent partners'' after 
        ``spouses''.
            (2) Clerical amendment.--The table of contents is amended 
        by amending the item relating to section 216A to read as 
        follows:

``Sec. 216. Conditional permanent resident status for certain alien 
                            entrepreneurs, spouses or permanent 
                            partners, and children.''.
    (b) In General.--Section 216A(a) (8 U.S.C. 1186b(a)) is amended, in 
paragraphs (1), (2)(A), (2)(B), and (2)(C), by inserting ``or permanent 
partner'' after ``spouse'' each place such term appears.
    (c) Termination of Status if Finding That Qualifying 
Entrepreneurship Improper.--Section 216A(b)(1) (8 U.S.C. 1186b(b)(1)) 
is amended in the matter following subparagraph (C), by inserting ``or 
permanent partner'' after ``spouse''.
    (d) Requirements of Timely Petition and Interview for Removal of 
Condition.--Section 216A(c) (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) (8 U.S.C. 1186b(f)(2)) is 
amended by inserting ``or permanent partner'' after ``spouse'' each 
place such term appears.

SEC. 14. DEPORTABLE ALIENS.

    (a) In General.--Section 237(a) (8 U.S.C. 1227(a)) is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (D)(i), by inserting ``or 
                permanent partners'' after ``spouses'' each place such 
                term appears;
                    (B) in subparagraph (E)--
                            (i) in clause (ii), by inserting ``or 
                        permanent partner'' after ``spouse''; and
                            (ii) in clause (iii), by inserting ``or 
                        permanent partner'' after ``spouse'';
                    (C) in subparagraph (H)(i)(I), by inserting ``or 
                permanent partner'' after ``spouse''; and
                    (D) by adding at the end the following:
                    ``(I) Permanent partnership fraud.--An alien shall 
                be considered to be deportable as having procured a 
                visa or other documentation by fraud (within the 
                meaning of section 212(a)(6)(C)(i)) and to be in the 
                United States in violation of this Act (within the 
                meaning of subparagraph (B)) if--
                            ``(i) the alien obtains any admission to 
                        the United States with an immigrant visa or 
                        other documentation procured on the basis of a 
                        permanent partnership entered into less than 2 
                        years prior to such admission and which, within 
                        2 years subsequent to such admission, is 
                        terminated because the criteria for permanent 
                        partnership are no longer fulfilled, unless the 
                        alien establishes to the satisfaction of the 
                        Secretary of Homeland Security that such 
                        permanent partnership was not contracted for 
                        the purpose of evading any provisions of the 
                        immigration laws; or
                            ``(ii) it appears to the satisfaction of 
                        the Secretary of Homeland Security that the 
                        alien has failed or refused to fulfill the 
                        alien's permanent partnership which in the 
                        opinion of the Secretary of Homeland Security 
                        was made for the purpose of procuring the 
                        alien's admission as an immigrant.'';
            (2) in paragraph (2)(E)(i), by inserting ``or permanent 
        partner'' after ``spouse'' each place such term appears; and
            (3) in paragraph (3)(C)(ii), by inserting ``or permanent 
        partner'' after ``spouse'' each place such term appears.
    (b) Technical and Conforming Amendments.--Section 237(a) (8 U.S.C. 
1227(a)) is amended by striking ``Attorney General'' each place that 
term appears and inserting ``Secretary of Homeland Security''.

SEC. 15. REMOVAL PROCEEDINGS.

    Section 240(e)(1) (8 U.S.C. 1229a(e)(1)) is amended by inserting 
``permanent partner,'' after ``spouse,''.

SEC. 16. CANCELLATION OF REMOVAL; ADJUSTMENT OF STATUS.

    Section 240A(b) (8 U.S.C. 1229b(b)) is amended--
            (1) in paragraph (1)(D), by inserting ``permanent 
        partner,'' after ``spouse,''; and
            (2) in paragraph (2)--
                    (A) in the heading, by inserting ``, permanent 
                partner,'' after ``spouse''; and
                    (B) in subparagraph (A), by inserting 
                ``, permanent partner,'' after ``spouse'' each place 
                such term appears.

SEC. 17. ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON 
              ADMITTED FOR PERMANENT RESIDENCE.

    (a) Prohibition on Adjustment of Status.--Section 245(d) (8 U.S.C. 
1255(d)) is amended by inserting ``or permanent partnership'' after 
``marriage''.
    (b) Avoiding Immigration Fraud.--Section 245(e) (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:
    ``(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)(51) 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)(B) (8 U.S.C. 1255(i)(1)(B)) is amended by inserting ``, 
permanent partner,'' after ``spouse''.
    (d) Informants.--Section 245(j) (8 U.S.C. 1255(j)) is amended by 
inserting ``permanent partner,'' after ``spouse,'' each place such term 
appears.
    (e) Technical and Conforming Amendments.--Section 245 (8 U.S.C. 
1255) is amended by striking ``Attorney General'' each place that term 
appears and inserting ``Secretary of Homeland Security''.

SEC. 18. MISREPRESENTATION AND CONCEALMENT OF FACTS.

    Section 275(c) (8 U.S.C. 1325(c)) is amended by inserting ``or 
permanent partnership'' after ``marriage''.

SEC. 19. REQUIREMENTS AS TO RESIDENCE, GOOD MORAL CHARACTER, ATTACHMENT 
              TO THE PRINCIPLES OF THE CONSTITUTION.

    Section 316(b) (8 U.S.C. 1427(b)) is amended, in the matter 
following paragraph (2), by inserting ``or permanent partner'' after 
``spouse''.

SEC. 20. FORMER CITIZENS OF UNITED STATES REGAINING UNITED STATES 
              CITIZENSHIP.

    Section 324(a) (8 U.S.C. 1435(a)) is amended, in the matter 
following ``after September 22, 1922,'', by inserting ``or permanent 
partnership'' after ``marriage'' each place such term appears.

SEC. 21. APPLICATION OF FAMILY UNITY PROVISIONS TO PERMANENT PARTNERS 
              OF CERTAIN LIFE ACT BENEFICIARIES.

    Section 1504 of 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 section 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 such term appears.
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