[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 424 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                 S. 424

       To amend the Immigration and Nationality Act to eliminate 
discrimination in the immigration laws by permitting permanent partners 
  of United States citizens and lawful permanent residents to obtain 
   lawful permanent resident status in the same manner as spouses of 
  citizens and lawful permanent residents and to penalize immigration 
            fraud in connection with permanent partnerships.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 12, 2009

  Mr. Leahy (for himself, Mr. Feingold, Mr. Schumer, Mr. Cardin, Mr. 
Whitehouse, Mr. Wyden, Mr. Kerry, Mr. Brown, Mr. Menendez, Mrs. Murray, 
   Mr. Dodd, Mr. Akaka, Mr. Lautenberg, Mr. Inouye, and Mrs. Boxer) 
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 eliminate 
discrimination in the immigration laws by permitting permanent partners 
  of United States citizens and lawful permanent residents to obtain 
   lawful permanent resident status in the same manner as spouses of 
  citizens and lawful permanent residents and to penalize immigration 
            fraud in connection with permanent partnerships.

    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; 
              TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Uniting American 
Families Act of 2009''.
    (b) Amendments to Immigration and Nationality Act.--Except as 
otherwise specifically provided in this Act, if 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.).
    (c) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; amendments to Immigration and Nationality Act; 
                            table of contents.
Sec. 2. Definitions of permanent partner and permanent partnership.
Sec. 3. Worldwide level of immigration.
Sec. 4. Numerical limitations on individual foreign states.
Sec. 5. Allocation of immigrant visas.
Sec. 6. Procedure for granting immigrant status.
Sec. 7. Annual admission of refugees and admission of emergency 
                            situation refugees.
Sec. 8. Asylum.
Sec. 9. Adjustment of status of refugees.
Sec. 10. Inadmissible aliens.
Sec. 11. Nonimmigrant status for permanent partners awaiting the 
                            availability of an immigrant visa.
Sec. 12. Conditional permanent resident status for certain alien 
                            spouses, permanent partners, and sons and 
                            daughters.
Sec. 13. Conditional permanent resident status for certain alien 
                            entrepreneurs, spouses, permanent partners, 
                            and children.
Sec. 14. Deportable aliens.
Sec. 15. Removal proceedings.
Sec. 16. Cancellation of removal; adjustment of status.
Sec. 17. Adjustment of status of nonimmigrant to that of person 
                            admitted for permanent residence.
Sec. 18. Application of criminal penalties to for misrepresentation and 
                            concealment of facts regarding permanent 
                            partnerships.
Sec. 19. Requirements as to residence, good moral character, attachment 
                            to the principles of the Constitution.
Sec. 20. Application of family unity provisions to permanent partners 
                            of certain LIFE Act beneficiaries.
Sec. 21. Application to Cuban Adjustment Act.

SEC. 2. 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 individuals intend a lifelong commitment;
                    ``(B) is financially interdependent with that other 
                individual;
                    ``(C) is not married to, or in a permanent 
                partnership with, any individual 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 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 ``spouse'' each place it appears and inserting 
        ``spouse or permanent partner'';
            (2) by striking ``spouses'' and inserting ``spouse, 
        permanent partner,'';
            (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. 4. NUMERICAL LIMITATIONS ON INDIVIDUAL FOREIGN STATES.

    (a) Per Country Levels.--Section 202(a)(4) (8 U.S.C. 1152(a)(4)) is 
amended--
            (1) in the paragraph heading, 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 striking ``his spouse'' and inserting ``his or her 
        spouse or permanent partner'';
            (2) by striking ``such spouse'' each place it appears and 
        inserting ``such spouse or permanent partner''; and
            (3) by inserting ``or permanent partners'' after ``husband 
        and wife''.

SEC. 5. ALLOCATION OF IMMIGRANT VISAS.

    (a) Preference Allocation for Family Members of Permanent Resident 
Aliens.--Section 203(a)(2) (8 U.S.C. 1153(a)(2)) is amended--
            (1) by striking the paragraph heading and inserting the 
        following:
            ``(2) Spouses, permanent partners, unmarried sons without 
        permanent partners, and unmarried daughters without permanent 
        partners of permanent resident aliens.--'';
            (2) in subparagraph (A), by inserting ``, permanent 
        partners,'' after ``spouses''; and
            (3) in subparagraph (B), by striking ``or unmarried 
        daughters'' and inserting ``without permanent partners or the 
        unmarried daughters without permanent partners''.
    (b) Preference Allocation for Sons and Daughters of Citizens.--
Section 203(a)(3) (8 U.S.C. 1153(a)(3)) is amended--
            (1) by striking the paragraph heading and inserting the 
        following:
            ``(2) Married sons and daughters of citizens and sons and 
        daughters with permanent partners of citizens.--''; and
            (2) by inserting ``, or sons or daughters 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--
            (1) by inserting ``or permanent partner'' after ``section 
        101(b)(1)''; and
            (2) by inserting ``, permanent partner,'' after ``the 
        spouse''.

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)--
                    (A) in clause (ii), by inserting ``or permanent 
                partner'' after ``spouse'';
                    (B) in clause (iii)--
                            (i) by inserting ``or permanent partner'' 
                        after ``spouse'' each place it appears; and
                            (ii) in subclause (I), by inserting ``or 
                        permanent partnership'' after ``marriage'' each 
                        place it appears;
                    (C) in clause (v)(I), by inserting ``permanent 
                partner,'' after ``is the spouse,''; and
                    (D) in clause (vi)--
                            (i) by inserting ``or termination of the 
                        permanent partnership'' after ``divorce''; and
                            (ii) by inserting ``, permanent partner,'' 
                        after ``spouse''; and
            (2) in subparagraph (B)--
                    (A) by inserting ``or permanent partner'' after 
                ``spouse'' each place it appears; and
                    (B) in clause (ii)--
                            (i) in subclause (I)(aa), by inserting ``or 
                        permanent partnership'' after ``marriage'';
                            (ii) in subclause (I)(bb), by inserting 
                        ``or permanent partnership'' after ``marriage'' 
                        the first place it appears; and
                            (iii) in subclause (II)(aa), 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. 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 it 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 heading, by inserting ``, 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,'';
            (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 ``, 
permanent partner,'' after ``spouse''.
    (d) Waivers of Inadmissibility on Criminal and Related Grounds.--
Section 212(h)(1)(B) (8 U.S.C. 1182(h)(1)(B)) is amended by inserting 
``permanent partner,'' after ``spouse,''.
    (e) Waiver of Inadmissibility for Misrepresentation.--Section 
212(i)(1) (8 U.S.C. 1182(i)(1)) is amended by inserting ``permanent 
partner,'' after ``spouse,''.

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

    Section 214(r) (8 U.S.C. 1184(r)) is amended--
            (1) in paragraph (1), by inserting ``or permanent partner'' 
        after ``spouse''; and
            (2) in paragraph (2), by inserting ``or permanent 
        partnership'' after ``marriage'' each place it appears.

SEC. 12. 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 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'';
                    (B) in subparagraph (B), by inserting ``permanent 
                partner,'' after ``spouse,''; and
                    (C) in subparagraph (C), by inserting ``permanent 
                partner,'' after ``spouse,''.
    (c) Termination of Status if Finding That Qualifying Marriage 
Improper.--Section 216(b) (8 U.S.C. 1186a(b)) is amended--
            (1) in the subsection heading, by inserting ``or Permanent 
        Partnership'' after ``Marriage''; and
            (2) in paragraph (1)(A)--
                    (A) by inserting ``or permanent partnership'' after 
                ``marriage''; and
                    (B) in clause (ii)--
                            (i) by inserting ``or has ceased to satisfy 
                        the criteria for being considered a permanent 
                        partnership under this Act,'' after 
                        ``terminated,''; and
                            (ii) by inserting ``or permanent partner'' 
                        after ``spouse''.
    (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), (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) (8 U.S.C. 1186a(d)(1)) 
is amended--
            (1) in subparagraph (A)--
                    (A) in the heading, by inserting ``or permanent 
                partnership'' after ``marriage'';
                    (B) in clause (i)--
                            (i) by inserting ``or permanent 
                        partnership'' after ``marriage'';
                            (ii) in subclause (I), by inserting before 
                        the comma at the end ``, or is a permanent 
                        partnership recognized under this Act''; and
                            (iii) in subclause (II)--
                                    (I) by inserting ``or has not 
                                ceased to satisfy the criteria for 
                                being considered a permanent 
                                partnership under this Act,'' after 
                                ``terminated,''; and
                                    (II) by inserting ``or permanent 
                                partner'' after ``spouse''; and
                    (C) in clause (ii), by inserting ``or permanent 
                partner'' after ``spouse''; and
            (2) in subparagraph (B)(i)--
                    (A) by inserting ``or permanent partnership'' after 
                ``marriage''; and
                    (B) by inserting ``or permanent partner'' after 
                ``spouse''.
    (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. 13. CONDITIONAL PERMANENT RESIDENT STATUS FOR CERTAIN ALIEN 
              ENTREPRENEURS, SPOUSES, PERMANENT PARTNERS, AND CHILDREN.

    (a) In General.--Section 216A (8 U.S.C. 1186b) is amended--
            (1) in the section heading, by inserting ``, permanent 
        partners,'' after ``spouses''; and
            (2) in paragraphs (1), (2)(A), (2)(B), and (2)(C), by 
        inserting ``or permanent partner'' after ``spouse'' each place 
        it appears.
    (b) 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).
    (c) 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''.
    (d) 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.
    (e) 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.''.

SEC. 14. DEPORTABLE ALIENS.

    Section 237(a)(1) (8 U.S.C. 1227(a)(1)) is amended--
            (1) in subparagraph (D)(i), by inserting ``or permanent 
        partners'' after ``spouses'' each place it appears;
            (2) in subparagraphs (E)(ii), (E)(iii), and (H)(i)(I), by 
        inserting ``or permanent partner'' after ``spouse'';
            (3) by inserting after subparagraph (E) the following:
                    ``(F) 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, 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 provision 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 the 
                        Secretary of Homeland Security determines 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. 15. 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 ``permanent 
        partner,'' after ``spouse,''.

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

    Section 240A(b) (8 U.S.C. 1229b(b)) is amended--
            (1) in paragraph (1)(D), by inserting ``or permanent 
        partner'' after ``spouse''; and
            (2) in paragraph (2)--
                    (A) in the paragraph heading, by inserting ``, 
                permanent partner,'' after ``spouse''; and
                    (B) in subparagraph (A), by inserting ``, permanent 
                partner,'' after ``spouse'' each place it 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)(A) 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--
            ``(i) the permanent partnership was entered into in good 
        faith and in accordance with section 101(a)(52);
            ``(ii) the permanent partnership was not entered into for 
        the purpose of procuring the alien's admission as an immigrant; 
        and
            ``(iii) 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.
    ``(B) The Secretary shall promulgate regulations that provide for 
only 1 level of administrative appellate review for each alien under 
subparagraph (A).''.
    (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. APPLICATION OF CRIMINAL PENALTIES TO 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, fined 
not more than $250,000, or both.''.

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

    Section 316(b) (8 U.S.C. 1427(b)) is amended by inserting ``, 
permanent partner,'' after ``spouse''.

SEC. 20. APPLICATION OF FAMILY UNITY PROVISIONS TO PERMANENT PARTNERS 
              OF CERTAIN LIFE ACT BENEFICIARIES.

    Section 1504 of the LIFE Act Amendments of 2000 (division B of 
Public Law 106-554; 114 Stat. 2763-325) 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 each of the subsection headings, by 
                inserting ``, Permanent Partners,'' after ``Spouses''; 
                and
                    (B) by inserting ``, permanent partner,'' after 
                ``spouse'' each place it appears.

SEC. 21. APPLICATION TO CUBAN ADJUSTMENT ACT.

    (a) In General.--The first section of Public Law 89-732 (8 U.S.C. 
1255 note) is amended--
            (1) in the next to last sentence, by inserting ``, 
        permanent partner,'' after ``spouse'' the first 2 places it 
        appears; and
            (2) in the last sentence, by inserting ``, permanent 
        partners,'' after ``spouses''.
    (b) Conforming Amendment.--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''.
                                 <all>