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AMENDMENT NO.llll Calendar No.lll
Purpose: To amend the Immigration and Nationality Actto eliminate discrimination in the immigration laws bypermitting permanent partners of United States citizensand lawful permanent residents to obtain lawful perma-nent resident status in the same manner as spousesof citizens and lawful permanent residents and to penal-ize immigration fraud in connection with permanentpartnerships.
IN THE SENATE OF THE UNITED STATES113th Cong., 1st Sess.
S. 744
To provide for comprehensive immigration reform and forother purposes.
Referred to the Committee on llllllllllandordered to be printed
Ordered to lie on the table and to be printed
AMENDMENT intended to be proposed by Mr. LEAHY to theCommittee amendment
Viz:
At the end of title II, add the following:1
Subtitle FUniting American2
Families3
SEC. 2601. SHORT TITLE.4
This subtitle may be cited as the Uniting American5
Families Act of 2013.6
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SEC. 2602. DEFINITIONS OF PERMANENT PARTNER AND1
PERMANENT PARTNERSHIP.2
Section 101(a) (8 U.S.C. 1101(a)) is amended3
(1) in paragraph (15)(K)(ii), by inserting or4
permanent partnership after marriage; and5
(2) by inserting after paragraph (54), as added6
by section 4211(f), the following:7
(55) The term permanent partner means an8
individual 18 years of age or older who9
(A) is in a committed, intimate relation-10
ship with another individual 18 years of age or11
older in which both individuals intend a lifelong12
commitment;13
(B) is financially interdependent with14
that other individual;15
(C) is not married to, or in a permanent16
partnership with, any individual other than that17
other individual;18
(D) is unable to contract with that other19
individual a marriage cognizable under this Act;20
and21
(E) is not a first, second, or third degree22
blood relation of that other individual.23
(56) The term permanent partnership means24
the relationship that exists between 2 permanent25
partners..26
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SEC. 2603. WORLDWIDE LEVEL OF IMMIGRATION.1
Section 201(b)(2) (8 U.S.C. 1151(b)(2)), as amended2
by section 2305(a), is further amended3
(1) in subparagraph (B)4
(A) in clause (i), by inserting permanent5
partner, after spouse,; and6
(B) in clauses (ii), (iii), and (iv), by strik-7
ing or spouse each place it appears and in-8
serting , spouse, or permanent partner;9
(2) in subparagraph (C)10
(A) by striking spouse or and inserting11
spouse, permanent partner, or; and12
(B) by inserting or permanent partner13
after alien spouse each place such term ap-14
pears; and15
(3) in subparagraph (D), by striking spouse16
or and inserting spouse, permanent partner, or.17
SEC. 2604. NUMERICAL LIMITATIONS ON INDIVIDUAL FOR-18
EIGN STATES.19
(a) PER COUNTRY LEVELS.Section 202(a)(4) (820
U.S.C. 1152(a)(4)) is amended21
(1) in the paragraph heading, by inserting ,22
PERMANENT PARTNERS, after SPOUSES; and23
(2) in the heading of subparagraph (A), as re-24
designated by section 2305(d)(4)(A)(ii), by striking25
AND DAUGHTERS and inserting WITHOUT PER-26
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MANENT PARTNERS AND UNMARRIED DAUGHTERS1
WITHOUT PERMANENT PARTNERS.2
(b) RULES FOR CHARGEABILITY.Section 202(b)(2)3
(8 U.S.C. 1152(b)(2)) is amended4
(1) by striking his spouse and inserting his5
or her spouse or permanent partner;6
(2) by striking such spouse each place it ap-7
pears and inserting such spouse or permanent part-8
ner; and9
(3) by inserting or permanent partners after10
husband and wife.11
SEC. 2605. ALLOCATION OF IMMIGRANT VISAS.12
(a) PREFERENCE ALLOCATION FOR FAMILY MEM-13
BERS OF PERMANENT RESIDENT ALIENS.Section14
203(a)(2) (8 U.S.C. 1153(a)(2)), as amended by section15
2305(b)(2), is further amended16
(1) by striking the paragraph heading and in-17
serting the following:18
(2) UNMARRIED SONS WITHOUT PERMANENT19
PARTNERS AND UNMARRIED DAUGHTERS WITHOUT20
PERMANENT PARTNERS OF PERMANENT RESIDENT21
ALIENS.; and22
(2) by striking or unmarried daughters and23
inserting without permanent partners or the un-24
married daughters without permanent partners.25
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(b) PREFERENCE ALLOCATION FOR SONS AND1
DAUGHTERS OF CITIZENS.Section 203(a)(3) (8 U.S.C.2
1153(a)(3)) is amended3
(1) by striking the paragraph heading and in-4
serting the following:5
(2) MARRIED SONS AND DAUGHTERS OF CITI-6
ZENS AND SONS AND DAUGHTERS WITH PERMANENT7
PARTNERS OF CITIZENS.; and8
(2) by inserting , or sons or daughters with9
permanent partners, after daughters.10
(c) EMPLOYMENT CREATION.Section11
203(b)(5)(A)(ii) (8 U.S.C. 1153(b)(5)(A)(ii)) is amended12
by inserting permanent partner, after spouse,.13
(d) TREATMENT OF FAMILY MEMBERS.Section14
203(d) (8 U.S.C. 1153(d)), as amended by section15
2307(c)(2), is further amended by striking spouse or16
and inserting spouse, permanent partner, or.17
SEC. 2606. PROCEDURE FOR GRANTING IMMIGRANT STA-18
TUS.19
(a) CLASSIFICATION PETITIONS.Section 204(a)(1)20
(8 U.S.C. 1154(a)(1)), as amended by section21
2305(d)(6)(A)(i), is further amended22
(1) in subparagraph (B), by inserting or per-23
manent partner after spouse;24
(2) in subparagraph (C)25
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(A) in clause (i), by inserting or perma-1
nent partnership after marriage each place2
it appears;3
(B) by inserting or permanent partner4
after spouse each place it appears; and5
(C) in clause (ii), by inserting or entered6
into a permanent partnership after married;7
(3) in subparagraph (E)(i), by inserting per-8
manent partner, after is the spouse,; and9
(4) in subparagraph (F)10
(A) by inserting termination of the per-11
manent partnership, after divorce,; and12
(B) by inserting , permanent partner,13
after spouse.14
(b) IMMIGRATION FRAUD PREVENTION.Section15
204(c) (8 U.S.C. 1154(c)) is amended16
(1) by inserting or permanent partner after17
spouse each place it appears; and18
(2) by inserting or permanent partnership19
after marriage each place it appears.20
SEC. 2607. ANNUAL ADMISSION OF REFUGEES AND ADMIS-21
SION OF EMERGENCY SITUATION REFUGEES.22
Section 207(c) (8 U.S.C. 1157(c)) is amended23
(1) in paragraph (2)24
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(A) by inserting , permanent partner,1
after spouse each place it appears; and2
(B) by inserting , permanent partners,3
after spouses; and4
(2) in paragraph (4), by inserting , permanent5
partner, after spouse.6
SEC. 2608. ASYLUM.7
Section 208(b)(3) (8 U.S.C. 1158(b)(3)) is amend-8
ed9
(1) in the paragraph heading, by inserting ,10
PERMANENT PARTNER, after SPOUSE; and11
(2) in subparagraph (A), by inserting , perma-12
nent partner, after spouse.13
SEC. 2609. ADJUSTMENT OF STATUS OF REFUGEES.14
Section 209(b)(3) (8 U.S.C. 1159(b)(3)) is amended15
by inserting , permanent partner, after spouse.16
SEC. 2610. INADMISSIBLE ALIENS.17
(a) CLASSES OF ALIENS INELIGIBLE FOR VISAS OR18
ADMISSION.Section 212(a) (8 U.S.C. 1182(a)) is19
amended20
(1) in paragraph (3)(D)(iv), by inserting per-21
manent partner, after spouse,;22
(2) in paragraph (4)(C)(i)(I), by inserting ,23
permanent partner, after spouse;24
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(3) in paragraph (6)(E)(ii), by inserting per-1
manent partner, after spouse,; and2
(4) in paragraph (9)(B)(v), as amended by sec-3
tion 2313(b)4
(A) by inserting permanent partner,5
after the spouse,; and6
(B) by inserting , permanent partner,7
after lawfully resident spouse.8
(b) WAIVERS.Section 212(d) (8 U.S.C. 1182(d)) is9
amended10
(1) in paragraph (11), by inserting permanent11
partner, after spouse,; and12
(2) in paragraph (12), by inserting , perma-13
nent partner, after spouse.14
(c) WAIVERS OF INADMISSIBILITY ON HEALTH-RE-15
LATED GROUNDS.Section 212(g)(1)(A) (8 U.S.C.16
1182(g)(1)(A)) is amended by inserting , permanent17
partner, after spouse.18
(d) WAIVERS OF INADMISSIBILITY ON CRIMINAL AND19
RELATED GROUNDS.Section 212(h)(1)(B) (8 U.S.C.20
1182(h)(1)(B)) is amended by inserting permanent part-21
ner, after spouse,.22
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SEC. 2611. NONIMMIGRANT STATUS FOR PERMANENT1
PARTNERS AWAITING THE AVAILABILITY OF2
AN IMMIGRANT VISA.3
Section 214(r) (8 U.S.C. 1184(r)) is amended4
(1) in paragraph (1), by inserting or perma-5
nent partner after spouse; and6
(2) in paragraph (2), by inserting or perma-7
nent partnership after marriage each place it ap-8
pears.9
SEC. 2612. CONDITIONAL PERMANENT RESIDENT STATUS10
FOR CERTAIN ALIEN SPOUSES, PERMANENT11
PARTNERS, AND SONS AND DAUGHTERS.12
(a) SECTION HEADING.13
(1) IN GENERAL.The heading for section 21614
(8 U.S.C. 1186a) is amended by striking AND15
SONS and inserting , PERMANENT PARTNERS,16
SONS,.17
(2) CLERICAL AMENDMENT.The table of con-18
tents is amended by amending the item relating to19
section 216 to read as follows:20
Sec. 216. Conditional permanent resident status for certain alien spouses, per-
manent partners, sons, and daughters..
(b) IN GENERAL.Section 216(a) (8 U.S.C.21
1186a(a)) is amended22
(1) in paragraph (1), by inserting or perma-23
nent partner after spouse; and24
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(2) in paragraph (2)1
(A) in subparagraph (A), by inserting or2
permanent partner after spouse;3
(B) in subparagraph (B), by inserting4
permanent partner, after spouse,; and5
(C) in subparagraph (C), by inserting6
permanent partner, after spouse,.7
(c) TERMINATION OF STATUS IF FINDING THAT8
QUALIFYING MARRIAGE IMPROPER.Section 216(b) (89
U.S.C. 1186a(b)) is amended10
(1) in the subsection heading, by inserting OR11
PERMANENT PARTNERSHIP after MARRIAGE;12
and13
(2) in paragraph (1)(A)14
(A) by inserting or permanent partner-15
ship after marriage; and16
(B) in clause (ii)17
(i) by inserting or has ceased to sat-18
isfy the criteria for being considered a per-19
manent partnership under this Act, after20
terminated,; and21
(ii) by inserting or permanent part-22
ner after spouse.23
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(d) REQUIREMENTS OF TIMELY PETITION AND1
INTERVIEW FOR REMOVAL OF CONDITION.Section2
216(c) (8 U.S.C. 1186a(c)) is amended3
(1) in paragraphs (1), (2)(A)(ii), (3)(A)(ii),4
(3)(C), (4)(B), and (4)(C), by inserting or perma-5
nent partner after spouse each place it appears;6
and7
(2) in paragraph (3)(A), (3)(D), (4)(B), and8
(4)(C), by inserting or permanent partnership9
after marriage each place it appears.10
(e) CONTENTS OF PETITION.Section 216(d)(1) (811
U.S.C. 1186a(d)(1)) is amended12
(1) in subparagraph (A)13
(A) in the heading, by inserting OR PER-14
MANENT PARTNERSHIP after MARRIAGE;15
(B) in clause (i)16
(i) by inserting or permanent part-17
nership after marriage;18
(ii) in subclause (I), by inserting be-19
fore the comma at the end , or is a per-20
manent partnership recognized under this21
Act; and22
(iii) in subclause (II)23
(I) by inserting or has not24
ceased to satisfy the criteria for being25
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considered a permanent partnership1
under this Act, after terminated,;2
and3
(II) by inserting or permanent4
partner after spouse; and5
(C) in clause (ii), by inserting or perma-6
nent partner after spouse; and7
(2) in subparagraph (B)(i)8
(A) by inserting or permanent partner-9
ship after marriage; and10
(B) by inserting or permanent partner11
after spouse.12
(f) DEFINITIONS.Section 216(g) (8 U.S.C.13
1186a(g)) is amended14
(1) in paragraph (1)15
(A) by inserting or permanent partner16
after spouse each place it appears; and17
(B) by inserting or permanent partner-18
ship after marriage each place it appears;19
(2) in paragraph (2), by inserting or perma-20
nent partnership after marriage;21
(3) in paragraph (3), by inserting or perma-22
nent partnership after marriage; and23
(4) in paragraph (4)24
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(A) by inserting or permanent partner1
after spouse each place it appears; and2
(B) by inserting or permanent partner-3
ship after marriage.4
SEC. 2613. CONDITIONAL PERMANENT RESIDENT STATUS5
FOR CERTAIN ALIEN ENTREPRENEURS,6
SPOUSES, PERMANENT PARTNERS, AND CHIL-7
DREN.8
(a) IN GENERAL.Section 216A (8 U.S.C. 1186b)9
is amended10
(1) in the section heading, by inserting , PER-11
MANENT PARTNERS, after SPOUSES; and12
(2) in paragraphs (1), (2)(A), (2)(B), and13
(2)(C), by inserting or permanent partner after14
spouse each place it appears.15
(b) TERMINATION OF STATUS IF FINDING THAT16
QUALIFYING ENTREPRENEURSHIP IMPROPER.Section17
216A(b)(1) (8 U.S.C. 1186b(b)(1)) is amended by insert-18
ing or permanent partner after spouse in the matter19
following subparagraph (C).20
(c) REQUIREMENTS OF TIMELY PETITION AND21
INTERVIEW FOR REMOVAL OF CONDITION.Section22
216A(c) (8 U.S.C. 1186b(c)) is amended, in paragraphs23
(1), (2)(A)(ii), and (3)(C), by inserting or permanent24
partner after spouse.25
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(d) DEFINITIONS.Section 216A(f)(2) (8 U.S.C.1
1186b(f)(2)) is amended by inserting or permanent part-2
ner after spouse each place it appears.3
(e) CLERICAL AMENDMENT.The table of contents4
is amended by amending the item relating to section 216A5
to read as follows:6
Sec. 216A. Conditional permanent resident status for certain alien entre-
preneurs, spouses, permanent partners, and children..
SEC. 2614. DEPORTABLE ALIENS.7
Section 237(a)(1) (8 U.S.C. 1227(a)(1)) is amend-8
ed9
(1) in subparagraph (D)(i), by inserting or10
permanent partners after spouses each place it11
appears;12
(2) in subparagraphs (E)(ii), (E)(iii), and13
(H)(i)(I), by inserting or permanent partner after14
spouse;15
(3) by inserting after subparagraph (E) the fol-16
lowing:17
(F) PERMANENT PARTNERSHIP FRAUD.18
An alien shall be considered to be deportable as19
having procured a visa or other documentation20
by fraud (within the meaning of section21
212(a)(6)(C)(i)) and to be in the United States22
in violation of this Act (within the meaning of23
subparagraph (B)) if24
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(i) the alien obtains any admission to1
the United States with an immigrant visa2
or other documentation procured on the3
basis of a permanent partnership entered4
into less than 2 years before such admis-5
sion and which, within 2 years subsequent6
to such admission, is terminated because7
the criteria for permanent partnership are8
no longer fulfilled, unless the alien estab-9
lishes to the satisfaction of the Secretary10
of Homeland Security that such permanent11
partnership was not contracted for the12
purpose of evading any provision of the im-13
migration laws; or14
(ii) it appears to the satisfaction of15
the Secretary of Homeland Security that16
the alien has failed or refused to fulfill the17
aliens permanent partnership, which the18
Secretary of Homeland Security deter-19
mines was made for the purpose of pro-20
curing the aliens admission as an immi-21
grant.; and22
(4) in paragraphs (2)(E)(i) and (3)(C)(ii), by23
inserting or permanent partner after spouse24
each place it appears.25
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SEC. 2615. REMOVAL PROCEEDINGS.1
Section 240 (8 U.S.C. 1229a) is amended2
(1) in subsection (c)(7)(C), in the heading of3
clause (iv), by inserting PERMANENT PARTNERS,4
after SPOUSES,; and5
(2) in subsection (e)(1), by inserting perma-6
nent partner, after spouse,.7
SEC. 2616. CANCELLATION OF REMOVAL; ADJUSTMENT OF8
STATUS.9
Section 240A(b) (8 U.S.C. 1229b(b)) is amended10
(1) in paragraph (1)(D), by inserting or per-11
manent partner after spouse; and12
(2) in paragraph (2)13
(A) in the paragraph heading, by inserting14
, PERMANENT PARTNER, after SPOUSE;15
and16
(B) in subparagraph (A), by inserting ,17
permanent partner, after spouse each place18
it appears.19
SEC. 2617. ADJUSTMENT OF STATUS OF NONIMMIGRANT TO20
THAT OF PERSON ADMITTED FOR PERMA-21
NENT RESIDENCE.22
(a) PROHIBITION ON ADJUSTMENT OF STATUS.23
Section 245(d) (8 U.S.C. 1255(d)), as amended by section24
2309(c), is further amended25
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(1) in paragraph (1), by inserting or perma-1
nent partnership after marriage; and2
(2) in paragraph (2), by inserting or perma-3
nent partner after spouse.4
(b) AVOIDING IMMIGRATION FRAUD.Section 245(e)5
(8 U.S.C. 1255(e)) is amended6
(1) in paragraph (1), by inserting or perma-7
nent partnership after marriage; and8
(2) by adding at the end the following:9
(4)(A) Paragraph (1) and section 204(g) shall not10
apply with respect to a permanent partnership if the alien11
establishes by clear and convincing evidence to the satis-12
faction of the Secretary of Homeland Security that13
(i) the permanent partnership was entered14
into in good faith and in accordance with section15
101(a)(52);16
(ii) the permanent partnership was not en-17
tered into for the purpose of procuring the aliens18
admission as an immigrant; and19
(iii) no fee or other consideration was given20
(other than a fee or other consideration to an attor-21
ney for assistance in preparation of a lawful peti-22
tion) for the filing of a petition under section 204(a)23
or 214(d) with respect to the alien permanent part-24
ner.25
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(B) The Secretary shall promulgate regulations that1
provide for only 1 level of administrative appellate review2
for each alien under subparagraph (A)..3
(c) ADJUSTMENT OF STATUS FOR CERTAIN ALIENS4
PAYING FEE.Section 245(i)(1)(B) (8 U.S.C.5
1255(i)(1)(B)) is amended by inserting , permanent6
partner, after spouse.7
SEC. 2618. APPLICATION OF CRIMINAL PENALTIES TO FOR8
MISREPRESENTATION AND CONCEALMENT9
OF FACTS REGARDING PERMANENT PART-10
NERSHIPS.11
Section 275(c) (8 U.S.C. 1325(c)), as amended by12
section 3704(a), is further amended to read as follows:13
(c) FRAUDULENT MARRIAGE OR PERMANENT14
PARTNERSHIP.Any individual who knowingly enters into15
a marriage or permanent partnership for the purpose of16
evading any provision of the immigration laws shall be im-17
prisoned for not more than 5 years, fined not more than18
$250,000, or both..19
SEC. 2619. REQUIREMENTS AS TO RESIDENCE, GOOD20
MORAL CHARACTER, ATTACHMENT TO CON-21
STITUTIONAL PRINCIPLES.22
Section 316(b) (8 U.S.C. 1427(b)) is amended by in-23
serting , permanent partner, after spouse.24
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SEC. 2620. NATURALIZATION FOR PERMANENT PARTNERS1
OF CITIZENS.2
(a) IN GENERAL.Section 319 (8 U.S.C. 1430) is3
amended4
(1) in subsection (a), as amended by section5
2312(c)6
(A) by inserting or permanent partner7
after spouse each place it appears; and8
(B) by inserting or permanent partner-9
ship after marital union;10
(2) in subsection (b)11
(A) in paragraph (1), by inserting or per-12
manent partner after spouse; and13
(B) in paragraph (3), by inserting or per-14
manent partner after spouse;15
(3) in subsection (d)16
(A) by inserting or permanent partner17
after spouse each place it appears; and18
(B) by inserting or permanent partner-19
ship after marital union;20
(4) in subsection (e)(1)21
(A) by inserting or permanent partner22
after spouse;23
(B) by inserting by the Secretary of De-24
fense after is authorized; and25
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(C) by inserting or permanent partner-1
ship after marital union; and2
(5) in subsection (e)(2), by inserting or per-3
manent partner after spouse.4
(b) SAVINGS PROVISION.Section 319(e) (8 U.S.C.5
1430(e)) is amended by adding at the end the following:6
(3) Nothing in this subsection may be construed to7
confer a right for an alien to accompany a member of the8
Armed Forces of the United States or to reside abroad9
with such member, except as authorized by the Secretary10
of Defense in the members official orders..11
SEC. 2621. APPLICATION OF FAMILY UNITY PROVISIONS TO12
PERMANENT PARTNERS OF CERTAIN LIFE13
ACT BENEFICIARIES.14
Section 1504 of the LIFE Act Amendments of 200015
(division B of Public Law 106554; 114 Stat. 2763325)16
is amended17
(1) in the heading, by inserting , PERMA-18
NENT PARTNERS, after SPOUSES;19
(2) in subsection (a), by inserting , permanent20
partner, after spouse; and21
(3) in each of subsections (b) and (c)22
(A) in each of the subsection headings, by23
inserting , PERMANENT PARTNERS, after24
SPOUSES; and25
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(B) by inserting , permanent partner,1
after spouse each place it appears.2
SEC. 2622. APPLICATION TO CUBAN ADJUSTMENT ACT.3
(a) IN GENERAL.The first section of Public Law4
89732 (8 U.S.C. 1255 note) is amended5
(1) in the next to last sentence, by inserting ,6
permanent partner, after spouse the first 27
places it appears; and8
(2) in the last sentence, by inserting , perma-9
nent partners, after spouses.10
(b) CONFORMING AMENDMENT.Section11
101(a)(51)(C) (8 U.S.C. 1101(a)(51)(C)), as redesignated12
by section 2305(d)(6)(B)(i)(III)(cc), is amended by strik-13
ing or spouse and inserting , spouse, or permanent14
partner.15