[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''.
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