Uniting American Families Act of 2011
S. 821112th Congress

Uniting American Families Act of 2011

Introduced in the SenateSen. Patrick Leahy (D-VT)182 sections · 9 min read
Version: Introduced in Senate · Apr 14, 2011

(a) Short title

This Act may be cited as the Uniting American Families Act of 2011.

(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:

Section 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.

Section 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..

(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.

(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) 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) 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.

(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

(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.

Section 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.

Section 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.

Section 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.

(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,.

Section 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.

(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:

(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.

(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:

Section 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.

Section 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,.

Section 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.

(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:

(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.

Section 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.

Section 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.

(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.

Section 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.

(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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