[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3006 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 3006

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 HOUSE OF REPRESENTATIVES

                             June 21, 2005

   Mr. Nadler (for himself, Mr. Meek of Florida, Mr. Gutierrez, Ms. 
Baldwin, Mr. Smith of Washington, Mrs. Lowey, Mr. Andrews, Mr. Berman, 
 Mr. Michaud, Mr. Delahunt, Mrs. Napolitano, Mr. Crowley, Mr. Rothman, 
Mr. Engel, Mr. Honda, Mr. Moran of Virginia, Mr. Holt, Mr. Inslee, Mr. 
  Sanders, Mr. Tierney, Mr. George Miller of California, Ms. Lee, Mr. 
  Brown of Ohio, Ms. Woolsey, Ms. Linda T. Sanchez of California, Mr. 
  McDermott, Ms. Harman, Mr. Sabo, Mr. Farr, Mr. Kolbe, Mr. Frank of 
 Massachusetts, Mr. Allen, Mr. Serrano, Ms. Corrine Brown of Florida, 
    Mr. Menendez, Mr. Payne, Mr. Lewis of Georgia, Mr. McNulty, Mr. 
 Kucinich, Mr. Gonzalez, Mr. Waxman, Ms. Schakowsky, Ms. Berkley, Mr. 
 Capuano, Mr. Filner, Mr. Pastor, Mrs. Jones of Ohio, Mr. Rangel, Mr. 
Weiner, Mr. Lantos, Mr. Abercrombie, Ms. Eshoo, Mr. Pallone, Mr. Moore 
    of Kansas, Mr. Simmons, Mr. Stark, Mrs. Capps, and Mr. Sherman) 
 introduced the following bill; which was 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--
            (1) the ``Uniting American Families Act''; or
            (2) the ``Permanent Partners Immigration Act''.
    (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 paragraph heading for paragraph (4), by 
        inserting ``, permanent partners,'' after ``spouses'';
            (2) in the subparagraph heading for subparagraph (A), by 
        inserting ``, permanent partners,'' after ``Spouses''; and
            (3) in the subparagraph heading for subparagraph (C), 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 paragraph heading--
                    (A) by striking ``and'' after ``spouses'' and 
                inserting ``, permanent partners,''; and
                    (B) by inserting ``without permanent partners'' 
                after ``sons'' and after ``daughters'';
            (2) in subparagraph (A), by inserting ``, permanent 
        partners,'' after ``spouses''; and
            (3) in subparagraph (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 paragraph heading, by inserting ``and daughters 
        and sons with permanent partners'' after ``daughters''; and
            (2) in the text, 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) by inserting ``or permanent partnership'' after 
                ``marriage'' each place such term appears in subclause 
                (I); 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 ``or permanent partner'' after 
                ``spouse'' each place such term appears; and
                    (B) by inserting ``or permanent partner's'' after 
                ``spouse's''; and
            (2) in paragraph (4), by inserting ``or permanent partner'' 
        after ``spouse''.

SEC. 8. ASYLUM.

    Section 208(b)(3) (8 U.S.C. 1158(b)(3)) is amended--
            (1) in the paragraph heading, by inserting ``or permanent 
        partner'' after ``spouse''; and
            (2) in the text, by inserting ``or 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 
``or 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,'';
            (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) (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 ``or 
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,''.
    (e) Waiver of Inadmissibility for Misrepresentation.--Section 
212(i)(1) (8 U.S.C. 1182(i)(1)) is amended by inserting ``permanent 
partner,'' after ``spouse,''.

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

    Section 214(r) (8 U.S.C. 1184(r)) is amended--
            (1) in paragraph (1), by inserting ``or permanent partner'' 
        after ``spouse''; and
            (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:

``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) of such Act (8 U.S.C. 1186a(b)) is amended--
            (1) in the subsection 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 paragraph (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) of such Act (8 U.S.C. 
1186a(d)(1)) is amended--
            (1) in the subparagraph heading for 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''.
    (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.--The section heading for section 216A (8 
        U.S.C. 1186b) is amended 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:

``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 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) (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.

    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 such term appears;
            (2) in paragraphs (1)(E)(ii), (1)(E)(iii), and 
        (1)(H)(i)(I), by inserting ``or permanent partner'' after 
        ``spouse'';
            (3) by adding at the end of paragraph (1) the following new 
        subparagraph:
                    ``(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.''; and
            (4) in paragraphs (2)(E)(i) and (3)(C)(ii), by inserting 
        ``or permanent partner'' after ``spouse'' each place such term 
        appears.

SEC. 15. REMOVAL PROCEEDINGS.

    Section 240(e)(1) (8 U.S.C. 1229a(e)(1)) is amended by inserting 
``or 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 ``or permanent 
        partner'' after ``spouse'';
            (2) in the paragraph heading for paragraph (2), by 
        inserting ``, permanent partner,'' after ``spouse''; and
            (3) in paragraph (2)(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 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)(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 ``or 
permanent partner'' after ``spouse'' each place such term appears.

SEC. 18. MISREPRESENTATION AND CONCEALMENT OF FACTS.

    Section 275(c) (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. 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 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.
                                 <all>