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Title II — Uniting American Families Act

H.R. 3799 · 116th Congress · Jul 17, 2019 · Lineage

II Uniting American Families Act

Sec. 201 Definitions of permanent partner and permanent partnership

Section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)) is amended—
(1)
in paragraph (15)(K)(ii), by inserting “or permanent partnership” after “marriage”; and
(2)
by adding at the end the following:

“(52) The term permanent partner means an individual 18 years of age or older who—

“(A) is in a committed, intimate relationship with another individual 18 years of age or older in which both parties intend a lifelong commitment;

“(B) is financially interdependent with that other individual, unless the Secretary of Homeland Security or the Secretary of State has determined, on a case-by-case basis, that the requirement under this subparagraph is unreasonable;

“(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. 202 Definition of child

(a)
Titles I and II— Section 101(b)(1) of the Immigration and Nationality Act (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) of the Immigration and Nationality Act (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. 203 Numerical limitations on individual foreign states

(a)
Per country levels— Section 202(a)(4) of the Immigration and Nationality Act (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” and inserting “without permanent partners and unmarried daughters without permanent partners”.
(b)
Rules for chargeability— Section 202(b)(2) of such Act (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. 204 Allocation of immigrant visas

(a)
Preference allocation for sons and daughters of citizens— Section 203(a)(3) of the Immigration and Nationality Act (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”.
(b)
Employment creation— Section 203(b)(5)(A)(ii) of such Act (8 U.S.C. 1153(b)(5)(A)(ii)) is amended by inserting “permanent partner,” after “spouse,”.
(c)
Treatment of family members— Section 203(d) of such Act (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. 205 Procedure for granting immigrant status

(a)
Classification petitions— Section 204(a)(1) of the Immigration and Nationality Act (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) of such Act (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) of such Act (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) of such Act (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. 206 Annual admission of refugees and admission of emergency situation refugees

Section 207(c) of the Immigration and Nationality Act (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. 207 Asylum

Section 208(b)(3) of the Immigration and Nationality Act (8 U.S.C. 1158(b)(3)) is amended—
(1)
in the paragraph heading, by inserting “or permanent partner” after “spouse”; and
(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. 208 Adjustment of status of refugees

Section 209(b)(3) of the Immigration and Nationality Act (8 U.S.C. 1159(b)(3)) is amended by inserting “or permanent partner” after “spouse”.

Sec. 209 Inadmissible aliens

(a)
Classes of aliens ineligible for visas or admission— Section 212(a) of the Immigration and Nationality Act (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) of such Act (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) of such Act (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) of such Act (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) of such Act (8 U.S.C. 1182(i)(1)) is amended by inserting “permanent partner,” after “spouse,”.

Sec. 210 Nonimmigrant status for permanent partners awaiting the availability of an immigrant visa

Section 214 of the Immigration and Nationality Act (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. 211 Derivative status for permanent partners of nonimmigrant visa holders

Section 101(a)(15) of the Immigration and Nationality Act (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. 212 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 of the Immigration and Nationality Act (8 U.S.C. 1186a) is amended by inserting “and permanent partners” after “spouses”.
(2)
Clerical amendment— The table of contents of such Act is amended by amending the item relating to section 216 to read as follows:
(b)
In general— Section 216(a) of such Act (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) of such Act (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)
Definitions— Section 216(g) of such Act (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. 213 Conditional permanent resident status for certain alien entrepreneurs, spouses, permanent partners, and children

(a)
Section heading—
(1)
In general— The heading for section 216A of the Immigration and Nationality Act (8 U.S.C. 1186b) is amended by inserting “or permanent partners” after “spouses”.
(2)
Clerical amendment— The table of contents of such Act is amended by amending the item relating to section 216A to read as follows:
(b)
In general— Section 216A(a) of such Act (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) of such Act (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) of such Act (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) of such Act (8 U.S.C. 1186b(f)(2)) is amended by inserting “or permanent partner” after “spouse” each place it appears.

Sec. 214 Deportable aliens

Section 237(a) of the Immigration and Nationality Act (8 U.S.C. 1227(a)) is amended—
(1)
in paragraph (1)(D)(i), by inserting “or permanent partners” after “spouses” each place it appears;
(2)
in paragraphs (1)(E)(ii), (1)(E)(iii), and (1)(H)(I)(I), by inserting “or permanent partner” after “spouse”; and
(3)
in paragraphs (2)(E)(i) and (3)(C)(ii), by inserting “or permanent partner” after “spouse” each place it appears.

Sec. 215 Removal proceedings

Section 240 of the Immigration and Nationality Act (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. 216 Cancellation of removal; adjustment of status

Section 240A(b) of the Immigration and Nationality Act (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. 217 Adjustment of status of nonimmigrant to that of person admitted for permanent residence

(a)
Prohibition on adjustment of status— Section 245(d) of the Immigration and Nationality Act (8 U.S.C. 1255(d)) is amended by inserting “or permanent partnership” after “marriage”.
(b)
Avoiding immigration fraud— Section 245(e) of such Act (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) of such Act (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) of such Act (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) of such Act is amended by inserting “permanent partner,” after “spouse,”.

Sec. 218 Application of criminal penalties for misrepresentation and concealment of facts regarding permanent partnerships

Section 275(c) of the Immigration and Nationality Act (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. 219 Requirements as to residence, good moral character, attachment to the principles of the Constitution

Section 316(b) of the Immigration and Nationality Act (8 U.S.C. 1427(b)) is amended by inserting “or permanent partner” after “spouse”.

Sec. 220 Naturalization for permanent partners of citizens

Section 319 of the Immigration and Nationality Act (8 U.S.C. 1430) is amended—
(1)
in subsection (b)(1), by inserting “or permanent partner” after “spouse”;
(2)
in subsection (b)(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”; and
(B)
by inserting “or permanent partnership” after “marital union”; and
(5)
in subsection (e)(2), by inserting “or permanent partner” after “spouse”.

Sec. 221 Application of family unity provisions to permanent partners of certain LIFE Act beneficiaries

Section 1504 of the LIFE Act (division B of the Miscellaneous Appropriations Act, 2001, as enacted into law by section 1(a)(4) of Public Law 106–554) is amended—
(1)
in the heading, by inserting “, permanent partners,” after “spouses”;
(2)
in subsection (a), by inserting “, permanent partner,” after “spouse”; and
(3)
in each of subsections (b) and (c)—
(A)
in the subsection headings, by inserting “, permanent partners,” after “spouses”; and
(B)
by inserting “, permanent partner,” after “spouse” each place it appears.

Sec. 222 Application to Cuban Adjustment Act

(a)
In general— The first section of Public Law 89–732 (November 2, 1966; 8 U.S.C. 1255 note) is amended—
(1)
in the next to last sentence, by inserting “, permanent partner,” after “spouse” the first two places it appears; and
(2)
in the last sentence, by inserting “, permanent partners,” after “spouses”.
(b)
Conforming amendments—
(1)
Immigration and Nationality Act— Section 101(a)(51)(D) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(51)(D)) is amended by striking “or spouse” and inserting “, spouse, or permanent partner”.
(2)
Violence Against Women Act— Section 1506(c)(2)(A)(I)(IV) of the Violence Against Women Act of 2000 (8 U.S.C. 1229a note; division B of Public Law 106–386) is amended by striking “or spouse” and inserting “, spouse, or permanent partner”.

Sec. 223 Nationality at birth

Section 301 of the Immigration and Nationality Act (8 U.S.C. 1401) is amended by adding at the end the following:

“(i) Any reference to “a person born of parents” in this section shall include the following:

“(1) Any legally recognized parent-child relationship formed within the first year of a person’s life regardless of any genetic or gestational relationship.

“(2) Either parent of a child born through Assisted Reproductive Technology who is legally recognized as a parent in the relevant jurisdiction regardless of any genetic or gestational relationship.

“(3) The spouse of a parent at the time of birth, where both of the following apply:

“(A) At least one parent is a legally recognized parent.

“(B) The marriage occurred before the child’s birth and is recognized in the United States, regardless of where the parents reside.”