[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1537 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 1537

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 14, 2011

 Mr. Nadler (for himself, Ms. Zoe Lofgren of California, Mr. Frank of 
Massachusetts, Ms. Baldwin, Mr. Polis, Mr. Cicilline, Mr. Conyers, Ms. 
Pelosi, Mr. Hoyer, Mr. Clyburn, Mr. Honda, Mr. Gutierrez, Mr. Ackerman, 
   Ms. Bass of California, Mr. Becerra, Ms. Berkley, Mr. Berman, Mr. 
  Bishop of New York, Mr. Blumenauer, Mr. Brady of Pennsylvania, Mrs. 
 Capps, Mr. Capuano, Mr. Carson of Indiana, Ms. Castor of Florida, Ms. 
 Chu, Mr. Clay, Ms. Clarke of New York, Mr. Connolly of Virginia, Mr. 
   Crowley, Mrs. Davis of California, Mr. DeFazio, Ms. DeGette, Ms. 
DeLauro, Mr. Deutch, Mr. Doyle, Mr. Ellison, Mr. Engel, Ms. Eshoo, Mr. 
Farr, Mr. Filner, Mr. Grijalva, Mr. Hastings of Florida, Mr. Heinrich, 
 Mr. Himes, Mr. Hinchey, Ms. Hirono, Mr. Holt, Mr. Inslee, Mr. Israel, 
   Mr. Jackson of Illinois, Ms. Jackson Lee of Texas, Mr. Johnson of 
Georgia, Mr. Kucinich, Mr. Langevin, Mr. Larsen of Washington, Ms. Lee 
  of California, Mr. Lewis of Georgia, Mrs. Lowey, Mrs. Maloney, Ms. 
   Matsui, Ms. McCollum, Mr. McDermott, Mr. McGovern, Mr. Meeks, Mr. 
George Miller of California, Ms. Moore, Mr. Moran, Mrs. Napolitano, Ms. 
 Norton, Mr. Olver, Mr. Pascrell, Mr. Pallone, Mr. Pastor of Arizona, 
  Ms. Pingree of Maine, Mr. Price of North Carolina, Mr. Quigley, Mr. 
 Rangel, Ms. Richardson, Mr. Rothman of New Jersey, Ms. Roybal-Allard, 
   Mr. Rush, Ms. Linda T. Sanchez of California, Ms. Schakowsky, Mr. 
 Schiff, Mr. Serrano, Mr. Sires, Mr. Smith of Washington, Ms. Speier, 
 Mr. Stark, Ms. Sutton, Mr. Towns, Ms. Tsongas, Ms. Wasserman Schultz, 
Ms. Waters, Mr. Waxman, Mr. Weiner, Mr. Welch, Ms. Woolsey, Mr. Wu, Mr. 
   Tonko, and Mr. Courtney) 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; AMENDMENTS TO IMMIGRATION AND NATIONALITY ACT.

    (a) Short Title.--This Act may be cited as the ``Uniting American 
Families Act of 2011''.
    (b) Amendments to Immigration and Nationality Act.--Except as 
otherwise specifically provided, whenever in this Act an amendment or 
repeal is expressed as the amendment or repeal of a section or other 
provision, the reference shall be considered to be made to that section 
or provision in the Immigration and Nationality Act.

SEC. 2. DEFINITIONS 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. 3. DEFINITION OF CHILD.

    (a) Titles I and II.--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.''.
    (b) Title III.--Section 101(c) (8 U.S.C. 1101(c)) is amended--
            (1) in paragraph (1), by inserting ``or as described in 
        subsection (b)(1)(H)'' after ``The term `child' means an 
        unmarried person under twenty-one years of age''; and
            (2) in paragraph (2), by inserting ``or a deceased 
        permanent partner of the deceased parent, father, or mother,'' 
        after ``deceased parent, father, and mother''.

SEC. 4. 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. 5. 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. 6. 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--
            (1) by inserting ``, permanent partner,'' after ``spouse'' 
        each place it appears; and
            (2) by striking ``or (E)'' and inserting ``(E), or (H)''.

SEC. 7. 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.
    (c) Restrictions on Petitions Based on Marriages Entered While in 
Exclusion or Deportation Proceedings.--Section 204(g) (8 U.S.C. 
1154(g)) is amended by inserting ``or permanent partnership'' after 
``marriage'' each place it appears.
    (d) Survival of Rights To Petition.--Section 204(h) (8 U.S.C. 
1154(h)) is amended--
            (1) by inserting ``or permanent partnership'' after 
        ``marriage'' each place it appears; and
            (2) by inserting ``or formation of a new permanent 
        partnership'' after ``Remarriage''.

SEC. 8. 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;
                    (B) by inserting ``or permanent partner's'' after 
                ``spouse's''; and
                    (C) in subparagraph (A)--
                            (i) by striking ``or'' after ``(D),''; and
                            (ii) by inserting ``, or (H)'' after 
                        ``(E)''; and
            (2) in paragraph (4), by inserting ``or permanent partner'' 
        after ``spouse.''.

SEC. 9. ASYLUM.

    Section 208(b)(3) (8 U.S.C. 1158(b)(3)) is amended--
            (1) in the paragraph heading, by inserting ``or permanent 
        partner'' after ``spouse'';
            (2) in subparagraph (A)--
                    (A) by inserting ``or permanent partner'' after 
                ``spouse'';
                    (B) by striking ``or'' after ``(D),''; and
                    (C) by inserting ``, or (H)'' after ``(E)''.

SEC. 10. 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. 11. 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. 12. NONIMMIGRANT STATUS FOR PERMANENT PARTNERS AWAITING THE 
              AVAILABILITY OF AN IMMIGRANT VISA.

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

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

SEC. 14. 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. 15. 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. 16. 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. 17. 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. 18. 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. 19. 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.
    (d) Adjustment of Status for Certain Alien Informants.--Section 
245(j) (8 U.S.C. 1255(j)) is amended--
            (1) in paragraph (1)--
                    (A) by inserting ``or permanent partner'' after 
                ``spouse''; and
                    (B) by inserting ``sons and daughters with and 
                without permanent partners,'' after ``daughters,''; and
            (2) in paragraph (2)--
                    (A) by inserting ``or permanent partner'' after 
                ``spouse''; and
                    (B) by inserting ``sons and daughters with and 
                without permanent partners,'' after ``daughters,''.
    (e) Trafficking.--Section 245(l)(1) is amended by inserting 
``permanent partner,'' after ``spouse,''.

SEC. 20. 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. 21. 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. 22. 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. 23. 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. 24. 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>