II 109th CONGRESS 1st Session S. 1278 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.

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.).

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. .

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..

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 .

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

15.

Removal proceedings

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

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.

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.

18.

Misrepresentation and concealment of facts

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

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.

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.

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.