Uniting American Families Act of 2013 (H.R. 519; 113th Congress)

by Jerrold Nadler

113th CONGRESS

1st Session

H. R. 519

IN THE HOUSE OF REPRESENTATIVES

February 5, 2013

Mr. Nadler (for himself, Mr. Hanna, Mr. Gutierrez, Mr. Dent, Mr. Polis, Mr. Cicilline, Mr. Sean Patrick Maloney of New York, Mr. Pocan, Ms. Sinema, Mr. Takano, Mr. Conyers, Ms. Lofgren, Ms. Pelosi, Mr. Hoyer, Mr. Honda, Mr. Van Hollen, and Mr. Garcia) 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.

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 2013”.

(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:

(53) 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 216to 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 paragraphs (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) Service in Armed Forces–

Section 216(g)(8 U.S.C. 1186a(g) )is amended by inserting“or permanent partner”after“spouse”each place such term appears.

(g) Definitions–

Section 216(h)(8 U.S.C. 1186a(h) )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 216Ato 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 theImmigration 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 bysection 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 ofPublic 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 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”.