[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2709 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 2709

 To amend the Immigration and Nationality Act to promote family unity, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 4, 2009

 Mr. Honda (for himself, Mr. Abercrombie, Mr. Ackerman, Mr. Baca, Ms. 
Baldwin, Mr. Blumenauer, Mrs. Capps, Mr. Capuano, Ms. Clarke, Mr. Davis 
 of Illinois, Mrs. Davis of California, Ms. DeGette, Mr. Delahunt, Mr. 
   Doyle, Mr. Ellison, Mr. Engel, Mr. Faleomavaega, Mr. Fattah, Mr. 
  Filner, Mr. Frank of Massachusetts, Mr. Grijalva, Mr. Hinchey, Ms. 
Hirono, Mr. Israel, Ms. Jackson-Lee of Texas, Mr. Jackson of Illinois, 
    Ms. Eddie Bernice Johnson of Texas, Mr. Johnson of Georgia, Mr. 
Kucinich, Mr. Langevin, Ms. Lee of California, Mrs. Maloney, Mr. Markey 
of Massachusetts, Ms. Matsui, Mr. McGovern, Mr. Moran of Virginia, Mr. 
   Nadler of New York, Mrs. Napolitano, Ms. Norton, Mr. Pallone, Mr. 
 Payne, Mr. Polis of Colorado, Ms. Richardson, Ms. Roybal-Allard, Mr. 
 Rush, Mr. Sablan, Ms. Linda T. Sanchez of California, Ms. Schakowsky, 
 Mr. Serrano, Mr. Stark, Ms. Wasserman Schultz, Mr. Weiner, Mr. Welch, 
  Mr. Wexler, Ms. Woolsey, and Mr. Wu) introduced the following bill; 
          which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend the Immigration and Nationality Act to promote family unity, 
                        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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Reuniting Families 
Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
   TITLE I--REDUCING FAMILY-BASED VISA BACKLOGS AND PROMOTING FAMILY 
                             REUNIFICATION

Sec. 101. Recapture of immigrant visas lost to bureaucratic delay.
Sec. 102. Reclassification of spouses and minor children of legal 
                            permanent residents as immediate relatives.
Sec. 103. Country limits.
Sec. 104. Promoting family unity.
Sec. 105. Relief for orphans, widows, and widowers.
Sec. 106. Exemption from immigrant visa limit for certain veterans who 
                            are natives of Philippines.
Sec. 107. Fiancee child status protection.
Sec. 108. Equal treatment for all stepchildren.
                TITLE II--UNITING AMERICAN FAMILIES ACT

Sec. 201. Short title; amendments to Immigration and Nationality Act.
Sec. 202. Definitions of permanent partner and permanent partnership.
Sec. 203. Definition of child.
Sec. 204. Worldwide level of immigration.
Sec. 205. Numerical limitations on individual foreign states.
Sec. 206. Allocation of immigrant visas.
Sec. 207. Procedure for granting immigrant status.
Sec. 208. Annual admission of refugees and admission of emergency 
                            situation refugees.
Sec. 209. Asylum.
Sec. 210. Adjustment of status of refugees.
Sec. 211. Inadmissible aliens.
Sec. 212. Nonimmigrant status for permanent partners awaiting the 
                            availability of an immigrant visa.
Sec. 213. Derivative status for permanent partners of nonimmigrant visa 
                            holders.
Sec. 214. Conditional permanent resident status for certain alien 
                            spouses, permanent partners, and sons and 
                            daughters.
Sec. 215. Conditional permanent resident status for certain alien 
                            entrepreneurs, spouses, permanent partners, 
                            and children.
Sec. 216. Deportable aliens.
Sec. 217. Removal proceedings.
Sec. 218. Cancellation of removal; adjustment of status.
Sec. 219. Adjustment of status of nonimmigrant to that of person 
                            admitted for permanent residence.
Sec. 220. Application of criminal penalties for misrepresentation and 
                            concealment of facts regarding permanent 
                            partnerships.
Sec. 221. Requirements as to residence, good moral character, 
                            attachment to the principles of the 
                            Constitution.
Sec. 222. Naturalization for permanent partners of citizens.
Sec. 223. Application of family unity provisions to permanent partners 
                            of certain LIFE Act beneficiaries.
Sec. 224. Application to Cuban Adjustment Act.

   TITLE I--REDUCING FAMILY-BASED VISA BACKLOGS AND PROMOTING FAMILY 
                             REUNIFICATION

SEC. 101. RECAPTURE OF IMMIGRANT VISAS LOST TO BUREAUCRATIC DELAY.

    (a) Worldwide Level of Family-Sponsored Immigrants.--Section 201(c) 
of the Immigration and Nationality Act (8 U.S.C. 1151(c)) is amended to 
read as follows:
    ``(c) Worldwide Level of Family-Sponsored Immigrants.--
            ``(1) In general.--Subject to subparagraph (B), the 
        worldwide level of family-sponsored immigrants under this 
        subsection for a fiscal year is equal to the sum of--
                    ``(A) 480,000; and
                    ``(B) the sum of--
                            ``(i) the number computed under paragraph 
                        (2); and
                            ``(ii) the number computed under paragraph 
                        (3).
            ``(2) Unused visa numbers from previous fiscal year.--The 
        number computed under this paragraph for a fiscal year is the 
        difference, if any, between--
                    ``(A) the worldwide level of family-sponsored 
                immigrant visas established for the previous fiscal 
                year; and
                    ``(B) the number of visas issued under section 
                203(a), subject to this subsection, during the previous 
                fiscal year.
            ``(3) Unused visa numbers from fiscal years 1992 through 
        2007.--The number computed under this paragraph is the 
        difference, if any, between--
                    ``(A) the difference, if any, between--
                            ``(i) the sum of the worldwide levels of 
                        family-sponsored immigrant visas established 
                        for fiscal years 1992 through 2007; and
                            ``(ii) the number of visas issued under 
                        section 203(a), subject to this subsection, 
                        during such fiscal years; and
                    ``(B) the number of unused visas from fiscal years 
                1992 through 2007 that were issued after fiscal year 
                2007 under section 203(a), subject to this 
                subsection.''.
    (b) Worldwide Level of Employment-Based Immigrants.--Section 201(d) 
of the Immigration and Nationality Act (8 U.S.C. 1151(d)) is amended to 
read as follows:
    ``(d) Worldwide Level of Employment-Based Immigrants.--
            ``(1) In general.--The worldwide level of employment-based 
        immigrants under this subsection for a fiscal year is equal to 
        the sum of--
                    ``(A) 140,000;
                    ``(B) the number computed under paragraph (2); and
                    ``(C) the number computed under paragraph (3).
            ``(2) Unused visa numbers from previous fiscal year.--The 
        number computed under this paragraph for a fiscal year is the 
        difference, if any, between--
                    ``(A) the worldwide level of employment-based 
                immigrant visas established for the previous fiscal 
                year; and
                    ``(B) the number of visas issued under section 
                203(b), subject to this subsection, during the previous 
                fiscal year.
            ``(3) Unused visa numbers from fiscal years 1992 through 
        2007.--The number computed under this paragraph is the 
        difference, if any, between--
                    ``(A) the difference, if any, between--
                            ``(i) the sum of the worldwide levels of 
                        employment-based immigrant visas established 
                        for each of fiscal years 1992 through 2007; and
                            ``(ii) the number of visas issued under 
                        section 203(b), subject to this subsection, 
                        during such fiscal years; and
                    ``(B) the number of unused visas from fiscal years 
                1992 through 2007 that were issued after fiscal year 
                2007 under section 203(b), subject to this 
                subsection.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date which is 60 days after the date of the enactment of 
this Act.

SEC. 102. RECLASSIFICATION OF SPOUSES AND MINOR CHILDREN OF LEGAL 
              PERMANENT RESIDENTS AS IMMEDIATE RELATIVES.

    (a) In General.--Section 201(b)(2) of the Immigration and 
Nationality Act (8 U.S.C. 1151(b)(2)) is amended to read as follows:
            ``(2) Immediate relative.--
                    ``(A) In general.--
                            ``(i) Immediate relative defined.--In this 
                        subparagraph, the term `immediate relative' 
                        means a child, spouse, or parent of a citizen 
                        of the United States or a child or spouse of a 
                        lawful permanent resident (and for each family 
                        member of a citizen or lawful permanent 
                        resident under this subparagraph, such 
                        individual's spouse or child who is 
                        accompanying or following to join the 
                        individual), except that, in the case of 
                        parents, such citizens shall be at least 21 
                        years of age.
                            ``(ii) Previously issued visa.--Aliens 
                        admitted under section 211(a) on the basis of a 
                        prior issuance of a visa under section 203(a) 
                        to their accompanying parent who is an 
                        immediate relative.
                            ``(iii) Parents and children.--An alien who 
                        was the child or parent of a citizen of the 
                        United States or a child of a lawful permanent 
                        resident at the time of the citizen's or 
                        resident's death if the alien files a petition 
                        under 204(a)(1)(A)(ii) within 2 years after 
                        such date or prior to reaching 21 years of age.
                            ``(iv) Spouse.--An alien who was the spouse 
                        of a citizen of the United States or lawful 
                        permanent resident for not less than 2 years at 
                        the time of the citizen's or resident's death 
                        or, if married for less than 2 years at the 
                        time of the citizen's or resident's death, 
                        proves by a preponderance of the evidence that 
                        the marriage was entered into in good faith and 
                        not solely for the purpose of obtaining an 
                        immigration benefit and was not legally 
                        separated from the citizen or resident at the 
                        time of the citizen's or resident's death, and 
                        each child of such alien, shall be considered, 
                        for purposes of this subsection, an immediate 
                        relative after the date of the citizen's or 
                        resident's death if the spouse files a petition 
                        under section 204(a)(1)(A)(ii) before the 
                        earlier of--
                                    ``(I) 2 years after such date; or
                                    ``(II) the date on which the spouse 
                                remarries.
                            ``(v) Special rule.--For purposes of this 
                        subparagraph, an alien who has filed a petition 
                        under clause (iii) or (iv) of section 
                        204(a)(1)(A) remains an immediate relative if 
                        the United States citizen or lawful permanent 
                        resident spouse or parent loses United States 
                        citizenship or residence on account of the 
                        abuse.
                    ``(B) Birth during temporary visit abroad.--Aliens 
                born to an alien lawfully admitted for permanent 
                residence during a temporary visit abroad.''.
    (b) Allocation of Immigrant Visas.--Section 203(a) of the 
Immigration and Nationality Act (8 U.S.C. 1153(a)) is amended--
            (1) in paragraph (1), by striking ``23,400'' and inserting 
        ``38,000'';
            (2) by striking paragraph (2) and inserting the following:
            ``(2) Unmarried sons and unmarried daughters of permanent 
        resident aliens.--Qualified immigrants who are the unmarried 
        sons or unmarried daughters (but are not the children) of an 
        alien lawfully admitted for permanent residence shall be 
        allocated visas in a number not to exceed 60,000, plus any 
        visas not required for the class specified in paragraph (1).'';
            (3) in paragraph (3), by striking ``23,400'' and inserting 
        ``38,000''; and
            (4) in paragraph (4), by striking ``65,000'' and inserting 
        ``90,000''.
    (c) Technical and Conforming Amendments.--
            (1) Rules for determining whether certain aliens are 
        immediate relatives.--Section 201(f) of the Immigration and 
        Nationality Act (8 U.S.C. 1151(f)) is amended--
                    (A) in paragraph (1), by striking ``paragraphs (2) 
                and (3),'' and inserting ``paragraph (2),'';
                    (B) by striking paragraph (2);
                    (C) by redesignating paragraphs (3) and (4) as 
                paragraphs (2) and (3), respectively; and
                    (D) in paragraph (3), as redesignated by 
                subparagraph (C), by striking ``through (3)'' and 
                inserting ``and (2)''.
            (2) Numerical limitation to any single foreign state.--
        Section 202 of the Immigration and Nationality Act (8 U.S.C. 
        1152) is amended--
                    (A) in subsection (a)(4)--
                            (i) by striking subparagraphs (A) and (B);
                            (ii) by redesignating subparagraphs (C) and 
                        (D) as subparagraphs (A) and (B), respectively; 
                        and
                            (iii) in subparagraph (A), as redesignated 
                        by clause (ii), by striking ``section 
                        203(a)(2)(B)'' and inserting ``section 
                        203(a)(2)''; and
                    (B) in subsection (e), in the flush matter 
                following paragraph (3), by striking ``, or as limiting 
                the number of visas that may be issued under section 
                203(a)(2)(A) pursuant to subsection (a)(4)(A)''.
            (3) Allocation of immigration visas.--Section 203(h) of the 
        Immigration and Nationality Act (8 U.S.C. 1153(h)) is amended--
                    (A) in paragraph (1)--
                            (i) in the matter preceding subparagraph 
                        (A), by striking ``subsections (a)(2)(A) and 
                        (d)'' and inserting ``subsection (d)'';
                            (ii) in subparagraph (A), by striking 
                        ``becomes available for such alien (or, in the 
                        case of subsection (d), the date on which an 
                        immigrant visa number became available for the 
                        alien's parent),'' and inserting ``became 
                        available for the alien's parent,''; and
                            (iii) in subparagraph (B), by striking 
                        ``applicable'';
                    (B) by amending paragraph (2) to read as follows:
            ``(2) Petitions described.--The petition described in this 
        paragraph is a petition filed under section 204 for 
        classification of the alien's parent under subsection (a), (b), 
        or (c).''; and
                    (C) in paragraph (3), by striking ``subsections 
                (a)(2)(A) and (d)'' and inserting ``subsection (d)''.
            (4) Procedure for granting immigrant status.--Section 204 
        of the Immigration and Nationality Act (8 U.S.C. 1154) is 
        amended--
                    (A) in subsection (a)(1)--
                            (i) in subparagraph (A)--
                                    (I) in clause (i), by inserting 
                                ``or lawful permanent resident'' after 
                                ``citizen'';
                                    (II) in clause (ii), by striking 
                                ``described in the second sentence of 
                                section 201(b)(2)(A)(i) also'' and 
                                inserting ``, alien child, or alien 
                                parent described in section 
                                201(b)(2)(A)'';
                                    (III) in clause (iii)--
                                            (aa) in subclause (I)(aa), 
                                        by inserting ``or legal 
                                        permanent resident'' after 
                                        ``citizen''; and
                                            (bb) in subclause 
                                        (II)(aa)--

                                                    (AA) in subitems 
                                                (AA) and (BB), by 
                                                inserting ``or legal 
                                                permanent resident;'' 
                                                after ``citizen'' each 
                                                place that term 
                                                appears;

                                                    (BB) in subitem 
                                                (CC), by inserting ``or 
                                                legal permanent 
                                                resident'' after 
                                                ``citizen'' each place 
                                                that term appears; and

                                                    (CC) in subitem 
                                                (CC)(bbb), by inserting 
                                                ``or legal permanent 
                                                resident'' after 
                                                ``citizenship'';

                                    (IV) in clause (iv), by inserting 
                                ``or legal permanent resident'' after 
                                ``citizen'' each place that term 
                                appears;
                                    (V) in clause (v)(I), by inserting 
                                ``or legal permanent resident'' after 
                                ``citizen''; and
                                    (VI) in clause (vi)--
                                            (aa) by inserting ``or 
                                        legal permanent resident 
                                        status'' after ``renunciation 
                                        of citizenship''; and
                                            (bb) by inserting ``or 
                                        legal permanent resident'' 
                                        after ``abuser's citizenship'';
                            (ii) by striking subparagraph (B);
                            (iii) in subparagraph (C), by striking 
                        ``subparagraph (A)(iii), (A)(iv), (B)(ii), or 
                        (B)(iii)'' and inserting ``clause (iii) or (iv) 
                        of subparagraph (A)''; and
                            (iv) in subparagraph (J), by striking ``or 
                        clause (ii) or (iii) of subparagraph (B)'';
                    (B) in subsection (a), by striking paragraph (2);
                    (C) in subsection (c)(1), by striking ``or 
                preference status''; and
                    (D) in subsection (h), by striking ``or a petition 
                filed under subsection (a)(1)(B)(ii)''.

SEC. 103. COUNTRY LIMITS.

    Section 202(a)(2) of the Immigration and Nationality Act (8 U.S.C. 
1152(a)(2)) is amended by striking ``7 percent (in the case of a single 
foreign state) or 2 percent'' and inserting ``10 percent (in the case 
of a single foreign state) or 5 percent''.

SEC. 104. PROMOTING FAMILY UNITY.

    Section 212(a)(9) of the Immigration and Nationality Act (8 U.S.C. 
1182(a)(9)) is amended--
            (1) in subparagraph (B)--
                    (A) in clause (iii)--
                            (i) in subclause (I), by striking ``18 
                        years of age'' and inserting ``21 years of 
                        age'';
                            (ii) by moving subclause (V) 4 ems to the 
                        right; and
                            (iii) by adding at the end the following:
                                    ``(VI) Clause (i) shall not apply 
                                to an alien for whom an immigrant visa 
                                is available or was available on or 
                                before the date of the enactment of the 
                                Reuniting Families Act, and is 
                                otherwise admissible to the United 
                                States for permanent residence.''; and
                    (B) in clause (v)--
                            (i) by striking ``spouse or son or 
                        daughter'' and inserting ``spouse, son, 
                        daughter, or parent'';
                            (ii) by striking ``extreme'';
                            (iii) by inserting ``, son, daughter, or'' 
                        after ``lawfully resident spouse''; and
                            (iv) by striking ``alien.'' and inserting 
                        ``alien or, if the Attorney General determines 
                        that a waiver is necessary for humanitarian 
                        purposes, to ensure family unity or is 
                        otherwise in the public interest.''; and
            (2) in subparagraph (C), by amending clause (ii) to read as 
        follows:
                            ``(ii) Exceptions.--Clause (i) shall not 
                        apply to an alien--
                                    ``(I) seeking admission more than 
                                10 years after the date of the alien's 
                                last departure from the United States 
                                if, prior to the alien's reembarkation 
                                at a place outside the United States or 
                                attempt to be readmitted from a foreign 
                                contiguous territory, the Secretary of 
                                Homeland Security has consented to the 
                                alien's reapplication for admission; or
                                    ``(II) for whom an immigrant visa 
                                is available or was available on or 
                                before the date of the enactment of the 
                                Reuniting Families Act, and is 
                                otherwise admissible to the United 
                                States for permanent residence.''.

SEC. 105. RELIEF FOR ORPHANS, WIDOWS, AND WIDOWERS.

    (a) In General.--
            (1) Special rule for orphans and spouses.--In applying 
        clauses (iii) and (iv) of section 201(b)(2)(A) of the 
        Immigration and Nationality Act, as added by section 3(a), to 
        an alien whose citizen or lawful permanent resident relative 
        died before the date of the enactment of this Act, the alien 
        relative may file the classification petition under section 
        204(a)(1)(A)(ii) of such Act, as amended by section 
        102(c)(4)(A)(i)(II), not later than 2 years after the date of 
        the enactment of this Act.
            (2) Eligibility for parole.--If an alien was excluded, 
        deported, removed, or departed voluntarily before the date of 
        the enactment of this Act based solely upon the alien's lack of 
        classification as an immediate relative (as defined in section 
        201(b)(2)(A)(iv) of the Immigration and Nationality Act, as 
        amended by section 102(a)) due to the death of such citizen or 
        resident--
                    (A) such alien shall be eligible for parole into 
                the United States pursuant to the Attorney General's 
                discretionary authority under section 212(d)(5) of such 
                Act (8 U.S.C. 1182(d)(5)); and
                    (B) such alien's application for adjustment of 
                status shall be considered notwithstanding section 
                212(a)(9) of such Act (8 U.S.C. 1182(a)(9)).
    (b) Adjustment of Status.--Section 245 of the Immigration and 
Nationality Act (8 U.S.C. 1255) is amended by adding at the end the 
following:
    ``(n) Application for Adjustment of Status by Surviving Spouses, 
Parents, and Children.--
            ``(1) In general.--An alien described in paragraph (2) who 
        applies for adjustment of status before the death of the 
        qualifying relative may have such application adjudicated as if 
        such death had not occurred.
            ``(2) Alien described.--An alien described in this 
        paragraph is an alien who--
                    ``(A) is an immediate relative (as described in 
                section 201(b)(2)(A));
                    ``(B) is a family-sponsored immigrant (as described 
                in subsection (a) or (d) of section 203); or
                    ``(C) is a derivative beneficiary of an employment-
                based immigrant under section 203(b) (as described in 
                section 203(d)).''.
    (c) Transition Period.--
            (1) In general.--Notwithstanding a denial of an application 
        for adjustment of status for an alien whose qualifying relative 
        died before the date of the enactment of this Act, such 
        application may be renewed by the alien through a motion to 
        reopen, without fee, if such motion is filed not later than 2 
        years after such date of enactment.
            (2) Eligibility for parole.--If an alien described in 
        section 245(n)(2) of the Immigration and Nationality Act, as 
        added by subsection (b), was excluded, deported, removed, or 
        departed voluntarily before the date of the enactment of this 
        Act--
                    (A) such alien shall be eligible for parole into 
                the United States pursuant to the Attorney General's 
                discretionary authority under section 212(d)(5) of the 
                Immigration and Nationality Act (8 U.S.C. 1182(d)(5)); 
                and
                    (B) such alien's application for adjustment of 
                status shall be considered notwithstanding section 
                212(a)(9) of such Act (8 U.S.C. 1182(a)(9)).
    (d) Processing of Immigrant Visas and Derivative Petitions.--
            (1) In general.--Section 204(b) of the Immigration and 
        Nationality Act (8 U.S.C. 1154(b)) is amended--
                    (A) by striking ``After an investigation'' and 
                inserting the following:
            ``(1) In general.--After an investigation''; and
                    (B) by adding at the end the following:
            ``(2) Death of qualifying relative.--
                    ``(A) In general.--Any alien described in 
                subparagraph (B) whose qualifying relative died before 
                the completion of immigrant visa processing may have an 
                immigrant visa application adjudicated as if such death 
                had not occurred. An immigrant visa issued before the 
                death of the qualifying relative shall remain valid 
                after such death.
                    ``(B) Alien described.--An alien described in this 
                subparagraph is an alien who--
                            ``(i) is an immediate relative (as 
                        described in section 201(b)(2)(A));
                            ``(ii) is a family-sponsored immigrant (as 
                        described in subsection (a) or (d) of section 
                        203);
                            ``(iii) is a derivative beneficiary of an 
                        employment-based immigrant under section 203(b) 
                        (as described in section 203(d)); or
                            ``(iv) is the spouse or child of a refugee 
                        (as described in section 207(c)(2)) or an 
                        asylee (as described in section 208(b)(3)).''.
            (2) Transition period.--
                    (A) In general.--Notwithstanding a denial or 
                revocation of an application for an immigrant visa for 
                an alien whose qualifying relative died before the date 
                of the enactment of this Act, such application may be 
                renewed by the alien through a motion to reopen, 
                without fee, if such motion is filed not later than 2 
                years after such date of enactment.
                    (B) Inapplicability of bars to entry.--
                Notwithstanding section 212(a)(9) of the Immigration 
                and Nationality Act (8 U.S.C. 1182(a)(9)), an alien's 
                application for an immigrant visa shall be considered 
                if the alien was excluded, deported, removed, or 
                departed voluntarily before the date of the enactment 
                of this Act.
    (e) Naturalization.--Section 319(a) of the Immigration and 
Nationality Act (8 U.S.C. 1430(a)) is amended by inserting ``(or, if 
the spouse is deceased, the spouse was a citizen of the United 
States)'' after ``citizen of the United States''.

SEC. 106. EXEMPTION FROM IMMIGRANT VISA LIMIT FOR CERTAIN VETERANS WHO 
              ARE NATIVES OF PHILIPPINES.

    (a) Short Title.--This section may be cited as the ``Filipino 
Veterans Family Reunification Act''.
    (b) Aliens Not Subject to Direct Numerical Limitations.--Section 
201(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(1)) 
is amended by adding at the end the following:
            ``(F) Aliens who are eligible for an immigrant visa under 
        paragraph (1) or (3) of section 203(a) and who have a parent 
        who was naturalized pursuant to section 405 of the Immigration 
        Act of 1990 (8 U.S.C. 1440 note).''.

SEC. 107. FIANCEE CHILD STATUS PROTECTION.

    (a) Definition.--Section 101(a)(15)(K)(iii) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(15)(K)(iii)) is amended by inserting 
``, provided that a determination of the age of such minor child is 
made using the age of the alien on the date on which the petition is 
filed with the Secretary of Homeland Security to classify the alien's 
parent as the fiancee or fiance of a United States citizen (in the case 
of an alien parent described in clause (i)) or as the spouse of a 
United States citizen under section 201(b)(2)(A)(i) (in the case of an 
alien parent described in clause (ii));'' before the semicolon at the 
end.
    (b) Adjustment of Status Authorized.--Section 214(d) of the 
Immigration and Nationality Act (8 U.S.C. 1184(d)(1)) is amended--
            (1) by redesignating paragraphs (2) and (3) as paragraphs 
        (3) and (4), respectively; and
            (2) in paragraph (1), by striking ``In the event'' and 
        inserting the following:
    ``(2)(A) If an alien does not marry the petitioner under paragraph 
(1) within 3 months after the alien and the alien's minor children are 
admitted into the United States, such alien and children shall be 
required to depart from the United States. If such aliens fail to 
depart from the United States, they shall be removed in accordance with 
sections 240 and 241.
    ``(B) Subject to subparagraphs (C) and (D), if an alien marries the 
petitioner described in section 101(a)(15)(K)(i) within 3 months after 
the alien is admitted into the United States, the Secretary of Homeland 
Security or the Attorney General, subject to the provisions of section 
245(d), may adjust the status of the alien, and any minor children 
accompanying or following to join the alien, to that of an alien 
lawfully admitted for permanent residence on a conditional basis under 
section 216 if the alien and any such minor children apply for such 
adjustment and are not determined to be inadmissible to the United 
States.
    ``(C) Paragraphs (5) and (7)(A) of section 212(a)) shall not apply 
to an alien who is eligible to apply for adjustment of his or her 
status to an alien lawfully admitted for permanent residence under this 
section.
    ``(D) An alien eligible for a waiver of inadmissibility as 
otherwise authorized under this Act shall be permitted to apply for 
adjustment of his or her status to that of an alien lawfully admitted 
for permanent residence under this section.''.
    (c) Age Determination.--Section 245(d) of the Immigration and 
Nationality Act (8 U.S.C. 1155(d)) is amended--
            (1) by inserting ``(1)'' before ``The Attorney General''; 
        and
            (2) by adding at the end the following:
    ``(2) A determination of the age of an alien admitted to the United 
States under section 101(a)(15)(K)(iii) shall be made, for purposes of 
adjustment to the status of an alien lawfully admitted for permanent 
residence on a conditional basis under section 216, using the age of 
the alien on the date on which the petition is filed with the Secretary 
of Homeland Security to classify the alien's parent as the fiancee or 
fiance of a United States citizen (in the case of an alien parent 
admitted to the United States under section 101(a)(15)(K)(i)) or as the 
spouse of a United States citizen under section 201(b)(2)(A)(i) (in the 
case of an alien parent admitted to the United States under section 
101(a)(15)(K)(ii)).''.
    (d) Effective Date.--
            (1) In general.--The amendments made by this section shall 
        be effective as if included in the Immigration Marriage Fraud 
        Amendments of 1986 (Public Law 99-639).
            (2) Applicability.--The amendments made by this section 
        shall apply to all petitions or applications described in such 
        amendments that--
                    (A) are pending as of the date of the enactment of 
                this Act; or
                    (B) have been denied, but would have been approved 
                if such amendments had been in effect at the time of 
                adjudication of the petition or application.
            (3) Motion to reopen or reconsider.--A motion to reopen or 
        reconsider a petition or application described in paragraph 
        (2)(B) shall be granted if such motion is filed with the 
        Secretary of Homeland Security or the Attorney General not 
        later than 2 years after the date of the enactment of this Act.

SEC. 108. EQUAL TREATMENT FOR ALL STEPCHILDREN.

    Section 101(b)(1)(B) of the Immigration and Nationality Act (8 
U.S.C. 1101(b)(1)(B)) is amended by striking ``, provided the child had 
not reached the age of eighteen years at the time the marriage creating 
the status of stepchild occurred''.

                TITLE II--UNITING AMERICAN FAMILIES ACT

SEC. 201. SHORT TITLE; AMENDMENTS TO IMMIGRATION AND NATIONALITY ACT.

    (a) Short Title.--This title may be cited as the ``Uniting American 
Families Act of 2009''.
    (b) Amendments to Immigration and Nationality Act.--Except as 
otherwise specifically provided, whenever in this title 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. 202. DEFINITIONS OF PERMANENT PARTNER AND PERMANENT PARTNERSHIP.

    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:
            ``(52) 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.
            ``(53) The term `permanent partnership' means the 
        relationship that exists between two permanent partners.
            ``(54) The term `alien permanent partner' means the 
        individual in a permanent partnership who is being sponsored 
        for a visa''.

SEC. 203. DEFINITION OF CHILD.

    Section 101(b)(1) (8 U.S.C. 1101(b)(1)) is amended by adding at the 
end the following:
                    ``(H)(i) a biological child of an alien permanent 
                partner if the child was under the age of 18 at the 
                time the permanent partnership was formed; or
                    ``(ii) a child adopted by an alien permanent 
                partner while under the age of 16 years if the child 
                has been in the legal custody of, and has resided with, 
                such adoptive parent for at least 2 years and if the 
                child was under the age of 18 at the time the permanent 
                partnership was formed.''.

SEC. 204. 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 it appears;
            (3) by inserting ``(or, in the case of a permanent 
        partnership, whose permanent partnership was not terminated)'' 
        after ``was not legally separated from the citizen''; and
            (4) by striking ``remarries.'' and inserting ``remarries or 
        enters a permanent partnership with another person.''.

SEC. 205. 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 the heading of subparagraph (A), by inserting ``, 
        permanent partners,'' after ``Spouses''; and
            (3) in the heading of subparagraph (C), by striking ``and 
        daughters'' inserting ``without permanent partners and 
        unmarried daughters without permanent partners''.
    (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 it appears; and
            (2) by inserting ``or permanent partners'' after ``husband 
        and wife''.

SEC. 206. 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'';
            (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 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 it appears.

SEC. 207. 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 it appears; and
                    (B) in subclause (I), by inserting ``or permanent 
                partnership'' after ``marriage'' each place it appears;
            (3) in subparagraph (A)(v)(I), by inserting ``permanent 
        partner,'' after ``is the spouse,'';
            (4) in subparagraph (A)(vi)--
                    (A) by inserting ``or termination of the permanent 
                partnership'' after ``divorce''; and
                    (B) by inserting ``, permanent partner,'' after 
                ``spouse''; and
            (5) in subparagraph (B)--
                    (A) by inserting ``or permanent partner'' after 
                ``spouse'' each place it appears;
                    (B) by inserting ``or permanent partnership'' after 
                ``marriage'' in clause (ii)(I)(aa) and the first place 
                it appears in clause (ii)(I)(bb); and
                    (C) in clause (ii)(II)(aa)(CC)(bbb), by inserting 
                ``(or the termination of the permanent partnership)'' 
                after ``termination of the marriage''.
    (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 it appears; and
            (2) by inserting ``or permanent partnership'' after 
        ``marriage'' each place it appears.

SEC. 208. 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 it 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. 209. 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 the text, by inserting ``or permanent partner'' 
        after ``spouse''.

SEC. 210. 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. 211. 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. 212. 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 it appears.

SEC. 213. DERIVATIVE STATUS FOR PERMANENT PARTNERS OF NONIMMIGRANT VISA 
              HOLDERS.

    Section 101(a)(15) (8 U.S.C. 1101(a)(15)) is amended--
            (1) in subparagraph (E), by inserting ``or permanent 
        partner'' after ``spouse'';
            (2) in subparagraph (F)(ii), by inserting ``or permanent 
        partner'' after ``spouse'';
            (3) in subparagraph (G)(i), by inserting ``, which shall 
        include his or her permanent partner'' after ``members of his 
        or their immediate family'';
            (4) in subparagraph (G)(ii), by inserting ``, which shall 
        include permanent partners,'' after ``the members of their 
        immediate families'';
            (5) in subparagraph (G)(iii), by inserting ``, which shall 
        include his permanent partner,'' after ``the members of his 
        immediate family'';
            (6) in subparagraph (G)(iv), by inserting ``, which shall 
        include permanent partners'' after ``the members of their 
        immediate families'';
            (7) in subparagraph (G)(v), by inserting ``, which shall 
        include permanent partners'' after ``the members of the 
        immediate families'';
            (8) in subparagraph (H)(iii), by inserting ``or permanent 
        partner'' after ``spouse'';
            (9) in subparagraph (I), by inserting ``or permanent 
        partner'' after ``spouse'';
            (10) in subparagraph (J), by inserting ``or permanent 
        partner'' after ``spouse'';
            (11) in subparagraph (L), by inserting ``or permanent 
        partner'' after ``spouse'';
            (12) in subparagraph (M)(ii), by inserting ``or permanent 
        partner'' after ``spouse'';
            (13) in subparagraph (O)(iii), by inserting ``or permanent 
        partner'' after ``spouse'';
            (14) in subparagraph (P)(iv), by inserting ``or permanent 
        partner'' after ``spouse'';
            (15) in subparagraph (Q)(ii)(II), by inserting ``or 
        permanent partner'' after ``spouse'';
            (16) in subparagraph (R), by inserting ``or permanent 
        partner'' after ``spouse'';
            (17) in subparagraph (S), by inserting ``or permanent 
        partner'' after ``spouse'';
            (18) in subparagraph (T)(ii)(I), by inserting ``or 
        permanent partner'' after ``spouse'';
            (19) in subparagraph (T)(ii)(II), by inserting ``or 
        permanent partner'' after ``spouse'';
            (20) in subparagraph (U)(ii)(I), by inserting ``or 
        permanent partner'' after ``spouse'';
            (21) in subparagraph (U)(ii)(II), by inserting ``or 
        permanent partner'' after ``spouse''; and
            (22) in subparagraph (V), by inserting ``permanent partner 
        or'' after ``beneficiary (including a''.

SEC. 214. CONDITIONAL PERMANENT RESIDENT STATUS FOR CERTAIN ALIEN 
              SPOUSES, PERMANENT PARTNERS, AND SONS AND DAUGHTERS.

    (a) Section Heading.--
            (1) In general.--The 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) of such Act (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 it 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 it 
        appears.
    (e) Contents of Petition.--Section 216(d)(1) of such Act (8 U.S.C. 
1186a(d)(1)) is amended--
            (1) in the heading of 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''.
    (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 it appears; and
                    (B) by inserting ``or permanent partnership'' after 
                ``marriage'' each place it 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 it appears; and
                    (B) by inserting ``or permanent partnership'' after 
                ``marriage''.

SEC. 215. CONDITIONAL PERMANENT RESIDENT STATUS FOR CERTAIN ALIEN 
              ENTREPRENEURS, SPOUSES, PERMANENT PARTNERS, AND CHILDREN.

    (a) Section Heading.--
            (1) In general.--The 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:

``Sec. 216A. 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 it 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 it appears.

SEC. 216. 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 it 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 it 
        appears.

SEC. 217. REMOVAL PROCEEDINGS.

    Section 240 (8 U.S.C. 1229a) is amended--
            (1) in the heading of subsection (c)(7)(C)(iv), by 
        inserting ``permanent partners,'' after ``spouses,''; and
            (2) in subsection (e)(1), by inserting ``or permanent 
        partner'' after ``spouse''.

SEC. 218. 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 heading for paragraph (2), by inserting ``, 
        permanent partner,'' after ``spouse''; and
            (3) in paragraph (2)(A), by inserting ``, permanent 
        partner,'' after ``spouse'' each place it appears.

SEC. 219. 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)(52) 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) (8 U.S.C. 1255(i)(1)) is amended by inserting ``or permanent 
partner'' after ``spouse'' each place it appears.

SEC. 220. APPLICATION OF CRIMINAL PENALTIES FOR MISREPRESENTATION AND 
              CONCEALMENT OF FACTS REGARDING PERMANENT PARTNERSHIPS.

    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. 221. 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. 222. NATURALIZATION FOR PERMANENT PARTNERS OF CITIZENS.

    Section 319 (8 U.S.C. 1430) is amended--
            (1) in subsection (a), by inserting ``or permanent 
        partner'' after ``spouse'' each place it appears;
            (2) in subsection (a), by inserting ``or permanent 
        partnership'' after ``marital union'';
            (3) in subsection (b)(1), by inserting ``or permanent 
        partner'' after ``spouse'';
            (4) in subsection (b)(3), by inserting ``or permanent 
        partner'' after ``spouse'';
            (5) in subsection (d)--
                    (A) by inserting ``or permanent partner'' after 
                ``spouse'' each place it appears; and
                    (B) by inserting ``or permanent partnership'' after 
                ``marital union'';
            (6) in subsection (e)(1)--
                    (A) by inserting ``or permanent partner'' after 
                ``spouse''; and
                    (B) by inserting ``or permanent partnership'' after 
                ``marital union''; and
            (7) in subsection (e)(2), by inserting ``or permanent 
        partner'' after ``spouse''.

SEC. 223. APPLICATION OF FAMILY UNITY PROVISIONS TO PERMANENT PARTNERS 
              OF CERTAIN LIFE ACT BENEFICIARIES.

    Section 1504 of the LIFE Act (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 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 it appears.

SEC. 224. APPLICATION TO CUBAN ADJUSTMENT ACT.

    (a) In General.--The first section of Public Law 89-732 (November 
2, 1966; 8 U.S.C. 1255 note) is amended--
            (1) in the next to last sentence, by inserting ``, 
        permanent partner,'' after ``spouse'' the first two places it 
        appears; and
            (2) in the last sentence, by inserting ``, permanent 
        partners,'' after ``spouses''.
    (b) Conforming Amendments.--
            (1) Immigration and nationality act.--Section 101(a)(51)(D) 
        (8 U.S.C. 1101(a)(51)(D)) is amended by striking ``or spouse'' 
        and inserting ``, spouse, or permanent partner''.
            (2) Violence against women act.--Section 
        1506(c)(2)(A)(i)(IV) of the Violence Against Women Act of 2000 
        (8 U.S.C. 1229a note; division B of Public Law 106-386) is 
        amended by striking ``or spouse'' and inserting ``, spouse, or 
        permanent partner''.
                                 <all>