[Congressional Record Volume 155, Number 29 (Thursday, February 12, 2009)]
[Senate]
[Pages S2233-S2236]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By 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):
  S. 424. 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; to the 
Committee on the Judiciary.
  Mr. LEAHY. Mr. President, I am proud to reintroduce the Uniting 
American Families Act. This legislation will allow U.S. citizens and 
legal permanent residents to petition for their foreign same-sex 
partners to come to the United States under our family immigration 
system. I thank Senators Whitehouse, Kerry, Schumer, Feingold, Wyden, 
Cardin, Menendez, Murray, Brown, Akaka, and Lautenberg for their 
support of this legislation. I hope that the Senate will act to 
demonstrate our Nation's commitment to equality under the law by 
passing this measure.
  I am also grateful that Congressman Nadler is introducing this same 
measure in the House of Representatives. Congressman Nadler has been a 
steady champion of this legislation, and I commend his efforts.
  When the marker for the Senate's comprehensive immigration 
legislation was introduced at the beginning of this Congress, I said 
that among the changes needed in our immigration laws is equality for 
gay and lesbian Americans. The burdens and benefits of the laws created 
by the elected officials who represent all Americans should be shared 
equally, and without discrimination. With an historic election behind 
us, and the promise of a more just, peaceful, and prosperous world 
ahead of us, let us begin to break down the barriers that still remain 
for so many American citizens.
  Under current law, committed same-sex foreign partners of American 
citizens are unable to use the family immigration system, which 
accounts for a majority of the green cards and immigrant visas granted 
annually by the United States. As a result, gay Americans who are in 
this situation must either live apart from their partners, or leave the 
country if they want to live with them legally and permanently. 
According to the most recent census, there are approximately 35,000 bi-
national, same-sex couples living in the United States. It is all but 
certain that many of these couples will eventually be forced to make a 
choice with which no American should be faced--to choose between the 
country they love and the person they love.
  Some have expressed concern that providing this equality in our 
immigration law will lead to more immigration fraud. At best these 
concerns are misguided, and at worst they are a pretext for 
discrimination. This bill retains strong protections against fraud 
already in immigration law. To qualify as a permanent partner, 
petitioners must prove that they are at least 18-years-old and are in a 
committed, financially interdependent relationship with another adult 
in which both parties intend a lifelong commitment. They must also 
prove that they are not married to, or in a permanent partnership with, 
anyone other than that person, and are unable to contract with that 
person in a marriage cognizable under the Immigration and Nationality 
Act. Proof could include sworn affidavits from friends and family and 
documentation of financial interdependence. Penalties for fraud would 
be the same as penalties for marriage fraud--up to five years in prison 
and $250,000 in fines for the U.S. citizen partner, and deportation for 
the foreign partner. Discrimination based upon sexual orientation 
should play no role in guarding against those who seek to abuse our 
immigration laws.
  Like many people across the country, there are Vermonters whose 
partners are foreign nationals and who feel abandoned by our laws in 
this area: Vermonters like Gordon Stewart who has come to talk to me 
about the unfairness of our current laws, or a committed, loving couple 
of 24 years in Brattleboro, VT, who travel back and forth between 
Vermont and England, and who wish nothing more than to be able to be 
together in the United States. This bill would allow them, and other 
gay and lesbian Americans throughout our Nation who have felt that our 
immigration laws are discriminatory, to be a fuller part of our 
society. The promotion of family unity has long been part of Federal 
immigration policy, and we should honor that principle by providing all 
Americans the opportunity to be with their loved ones.
  The idea that immigration benefits should be extended to same-sex 
couples is not a novel one. Many nations have come to recognize that 
their respective immigration laws should respect family unity, 
regardless of a person's sexual orientation. Indeed, 16 of our closest 
allies--Australia, Belgium, Brazil, Canada, Denmark, Finland, France, 
Germany, Iceland, Israel, the Netherlands, New Zealand, Norway, South 
Africa, Sweden and the United Kingdom--recognize same-sex couples for 
immigration purposes.

[[Page S2234]]

  I would ask all Senators to take heed of what my friend, Congressman 
John Lewis has said about discrimination against gay and lesbian 
Americans, when he wrote in 2003: ``Rather than divide and 
discriminate, let us come together and create one nation. We are all 
one people. We all live in the American house. We are all the American 
family. Let us recognize that the gay people living in our house share 
the same hopes, troubles, and dreams. It's time we treated them as 
equals, as family.'' Congressman Lewis is right. I hope all Senators 
will join me in supporting equality for all Americans and their loved 
ones.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
placed in the Record, as follows:

                                 S. 424

       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,'';
       (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;
       (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,'';

[[Page S2235]]

       (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, '' after
       (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'';
       (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'';

       (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''.

[[Page S2236]]

     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''.
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