[Congressional Record Volume 159, Number 23 (Wednesday, February 13, 2013)]
[Senate]
[Pages S709-S712]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LEAHY (for himself, Ms. Collins, Mr. Schumer, Ms. 
        Klobuchar, Mr. Blumenthal, and Ms. Baldwin):
  S. 296. 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, today I am reintroducing the Uniting 
American Families Act, UAFA, which grants same-sex bi-national couples 
the same immigration benefits heterosexual couples have long enjoyed. 
This is the sixth Congress in which I have introduced this legislation, 
and I am proud to be joined this year by Senator Collins, a strong 
champion for American families. She cosponsored this bill last 
Congress, and I thank her for her leadership as she joins me as an 
original cosponsor today.
  Preserving family unity is central to our immigration policy. 
President Obama understands that, which is why I was so pleased to see 
that he included UAFA as a core tenet of the immigration principles he 
outlined last month.
  Even as American attitudes are changing about the civil rights of gay 
and lesbian Americans, the so-called Defense of Marriage Act forces 
many Americans to choose between the country they love and being with 
the people they love. This destructive policy tears families apart and 
forces hardworking Americans to make the heart-wrenching choice no 
American should have to make. Families from Maine to California 
experience this hardship. In Vermont, I have seen firsthand the 
unfairness that couples have endured as a result of our current laws 
and have spoken at length on their struggles in this Chamber. I have 
heard from a number of Vermonters who have had to make the difficult 
decision to leave their work and homes in Vermont in order to be able 
to live with their spouses in more welcoming countries; some whole 
spouses are legally in the U.S. temporarily but worry daily when they 
will be required to leave the U.S.; and some who suffer the heartbreak 
of a long-distance marriage when their spouses are denied even a 
visitor visa to spend some time with their spouses in the U.S. The 
Senate Judiciary Committee heard directly from families like these as 
well.
  Over the past decade, Americans have begun to reject the notion that 
U.S. citizens who are gay or lesbian should not have their committed 
relationships recognized by the law and the protections that provides. 
As of last month, the District of Columbia and nine states, including 
Connecticut, Iowa, Maine, Maryland, Massachusetts, New Hampshire, New 
York, Washington, and my home state of Vermont, have legalized same-sex 
marriage. At the end of the 111th Congress, bipartisan votes in both 
the Senate and the House reversed the Military's ``Don't Ask, Don't 
Tell'' policy, a 17-year-old stricture that barred gay and lesbian 
service men and women from openly serving in the military. Consistent 
with the repeal of the ``Don't Ask, Don't Tell'' policy, just last week 
the Pentagon signaled that it will begin providing benefits to the 
same-sex spouses of military personnel. As they have many times in our 
past and will continue in the future, prevailing American attitudes are 
progressing toward fairness and justice. The Supreme Court is poised to 
decide the fate of the Defense of Marriage Act and whether that law, 
which deprives same-sex couples of over 1,000 Federal benefits and 
responsibilities, is consistent with our constitutional values.

[[Page S710]]

  Many of our friends around the world have embraced immigration 
equality for same-sex families. Today at least 25 nations, including 
some of our closest allies, offer immigration benefits to same-sex 
couples. America should join Argentina, Australia, Belgium, Brazil, 
Canada, the Czech Republic, Denmark, Finland, France, Germany, 
Greenland, Hungary, Iceland, Israel, Luxembourg, The Netherlands, New 
Zealand, Norway, Portugal, Romania, South Africa, Spain, Sweden, 
Switzerland, and the United Kingdom in leading on this issue of civil 
rights and respect for the dignity of all families. I hope that 
Senators who supported this important advancement in our military 
policy will join me in calling for similar fairness and equality in our 
immigration laws.
  Some opponents of the United American Families Act have argued that 
it would increase the potential for visa fraud. Of course I share the 
belief that all immigration applications should be screened for fraud, 
but I am confident that U.S. Citizenship and Immigration Services will 
have no more difficulty identifying fraud in same-sex relationships 
than they do in heterosexual marriages. The penalties for fraud under 
this bill would be the same as the penalties for marriage fraud. These 
are very strict penalties: a sentence of up to 5 years in prison, 
$250,000 in fines for the U.S. citizen partner, and deportation for the 
foreign partner. In addition, in order to qualify as a bi-national 
couple under UAFA, petitioners must prove that they are at least 18 
years of age and in a committed, lifelong relationship with another 
adult. The advancement of American ideals that respect human 
relationships and family bonds need not and should not be impeded by 
such fears.
  Among developed countries with cultures of respect for human rights 
and fairness, the United States policy in this regard is not living up 
to our great traditions of equal treatment under the law. We can and 
should do better. I hope all Senators will agree that the United States 
should not have a policy that forces Americans to choose between their 
country and the ones they love, and I urge members of this body to join 
Senator Collins and me in this effort.
  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 
printed in the Record, as follows:

                                 S. 296

       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 2013''.
       (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. Naturalization for permanent partners of citizens.
Sec. 21. Application of family unity provisions to permanent partners 
              of certain LIFE Act beneficiaries.
Sec. 22. 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

[[Page S711]]

       (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,''.

[[Page S712]]

     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. NATURALIZATION FOR PERMANENT PARTNERS OF CITIZENS.

       (a) In General.--Section 319 (8 U.S.C. 1430) is amended--
       (1) in subsection (a)--
       (A) by inserting ``or permanent partner'' after ``spouse'' 
     each place it appears; and
       (B) by inserting ``or permanent partnership'' after 
     ``marital union'';
       (2) in subsection (b)--
       (A) in paragraph (1), by inserting ``or permanent partner'' 
     after ``spouse''; and
       (B) in paragraph (3), by inserting ``or permanent partner'' 
     after ``spouse'';
       (3) 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'';
       (4) in subsection (e)(1)--
       (A) by inserting ``or permanent partner'' after ``spouse'';
       (B) by inserting ``by the Secretary of Defense'' after ``is 
     authorized''; and
       (C) by inserting ``or permanent partnership'' after 
     ``marital union''; and
       (5) in subsection (e)(2), by inserting ``or permanent 
     partner'' after ``spouse''.
       (b) Savings Provision.--Section 319(e) (8 U.S.C. 1430(e)) 
     is amended by adding at the end the following:
       ``(3) Nothing in this subsection may be construed to confer 
     a right for an alien to accompany a member of the Armed 
     Forces of the United States or to reside abroad with such 
     member, except as authorized by the Secretary of Defense in 
     the member's official orders.''.

     SEC. 21. 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. 22. 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''.
                                 ______