[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1278 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                S. 1278

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

                             June 21, 2005

   Mr. Leahy (for himself, Mr. Chafee, Mr. Kennedy, Mr. Corzine, Mr. 
 Jeffords, Mrs. Boxer, Mr. Feingold, Mrs. Murray, Mr. Dayton, and Mr. 
  Lautenberg) 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 ``Uniting American 
Families Act'' or 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 (8 U.S.C. 1101 et 
seq.).

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 the individual 
        described in subparagraph (A);
            ``(C) is not married to or in a permanent partnership with 
        anyone other than the individual described in subparagraph (A);
            ``(D) is unable to contract, with the individual described 
        in subparagraph (A), a marriage cognizable under this Act; and
            ``(E) is not a first, second, or third degree blood 
        relation of the individual described in subparagraph (A).
    ``(52) The term `permanent partnership' means the relationship that 
exists between 2 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 into 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 header, by inserting ``, permanent 
        partners,'' after ``spouses'';
            (2) in the header to subparagraph (A), by inserting ``, 
        permanent partners,'' after ``spouses''; and
            (3) in the header to subparagraph (C), in the heading by 
        inserting ``without permanent partners'' after ``daughters''.
    (b) Rules for Chargeability.--Section 202(b) (8 U.S.C. 1152(b)) is 
amended--
            (1) by striking ``except that (1)'' and inserting the 
        following: ``, except that--
            ``(1)'';
            (2) by striking ``(2) if an alien'' and inserting the 
        following:
            ``(2) if an alien'';
            (3) by striking ``his spouse'' and inserting ``the spouse 
        or permanent partner of the alien'';
            (4) by inserting ``or permanent partners'' after ``husband 
        and wife'';
            (5) by striking ``the spouse he'' and inserting ``the 
        spouse or permanent partner who the alien'';
            (6) by striking ``such spouse'' and inserting ``such spouse 
        or permanent partner'';
            (7) by striking ``(3) an alien'' and inserting the 
        following:
            ``(3) an alien''; and
            (8) by striking ``(4) an alien'' and inserting the 
        following:
            ``(4) an alien''.

SEC. 5. ALLOCATION OF IMMIGRANT VISAS.

    (a) Preference Allocation for Family Members of Permanent Resident 
Aliens and Citizens.--Section 203(a) (8 U.S.C. 1153(a)) is amended--
            (1) in paragraph (2), by striking ``(2)'' and all that 
        follows through ``permanent residence,'' and inserting the 
        following:
            ``(2) Spouses, permanent partners, and unmarried sons and 
        daughters without permanent partners of permanent resident 
        aliens.--Qualified immigrants who are--
                    ``(A) the spouses, permanent partners, or children 
                of an alien lawfully admitted for permanent residence; 
                or
                    ``(B) the unmarried sons without permanent partners 
                or unmarried daughters without permanent partners of an 
                alien lawfully admitted for permanent residence,''; and
            (2) in paragraph (3), by striking ``(3)'' and all that 
        follows through ``citizens'' and inserting the following:
            ``(3) Married sons and daughters of citizens and sons and 
        daughters of citizens with permanent partners.--Qualified 
        immigrants who are the married sons, married daughters, or sons 
        or daughters with permanent partners, of citizens''.
    (b) 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,''.
    (c) 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 paragraph header, 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 of Inadmissibility on Humanitarian and Family Unity 
Grounds.--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(r) (8 U.S.C. 1184(r)) is amended--
            (1) in paragraph (1), by inserting ``or permanent partner'' 
        after ``spouse''; and
            (2) 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 header for section 216 (8 
        U.S.C. 1186a) is amended by striking ``and sons'' and inserting 
        ``, permanent partners, sons,''.
            (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, permanent partners, 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''; and
            (2) in paragraph (2)--
                    (A) in subparagraph (A), by inserting ``or 
                permanent partner'' after ``spouse''; and
                    (B) by inserting ``permanent partner,'' after 
                ``spouse,'' each place it appears.
    (c) Termination of Status if Finding That Qualifying Marriage 
Improper.--Section 216(b) (8 U.S.C. 1186a(b)) is amended--
            (1) in the subsection header, by inserting ``or Permanent 
        Partnership'' after ``Marriage''; and
            (2) in paragraph (1)(A)--
                    (A) in the matter preceding clause (i), by 
                inserting ``or permanent partnership'' after 
                ``marriage''; and
                    (B) by amending clause (ii) to read as follows--
                            ``(ii) has been judicially annulled or 
                        terminated, or has ceased to satisfy the 
                        criteria for being considered a permanent 
                        partnership under this Act, other than through 
                        the death of a spouse or permanent partner; 
                        or''.
    (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 paragraphs (3)(A), (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 header, 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 adding at the end 
                        the following: ``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 striking ``, and'' and 
                                inserting ``or permanent partner; and'' 
                                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''.
    (f) 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'' each place such term appears; 
        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 ``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. 216A. Conditional permanent resident status for certain alien 
                            entrepreneurs, spouses, permanent partners, 
                            and children.''.
    (b) In General.--Section 216A(a) (8 U.S.C. 1186b(a)) is amended 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''.
    (d) Requirements of Timely Petition and Interview for Removal of 
Condition.--Section 216A(c) (8 U.S.C. 1186b(c)) is amended by inserting 
``or permanent partner'' after ``spouse'' each place such term appears.
    (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), by inserting ``permanent 
                partner,'' after ``spouse,'' each place such term 
                appears;
                    (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 before such admission and which, not 
                        later than 2 years after 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 header, 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 1 level of 
administrative appellate review for each alien seeking relief under 
this paragraph.''.
    (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''.

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 the LIFE Act Amendments of 2000 (114 Stat. 2763A-
325) is amended--
            (1) in the section header, by inserting ``, permanent 
        partners,'' after ``spouses'';
            (2) in subsection (a), by inserting ``, permanent 
        partner,'' after ``spouse''; and
            (3) in subsections (b) and (c)--
                    (A) in the subsection headers, by inserting ``, 
                Permanent Partners,'' after ``Spouses''; and
                    (B) by inserting ``, permanent partner,'' after 
                ``spouse'' each place such term appears.
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