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MDM13298 S.L.C.

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


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


(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


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


(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


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




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(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


(2) in subparagraph (B)(i)8

(A) by inserting or permanent partner-9

ship after marriage; and10


after spouse.12

(f) DEFINITIONS.Section 216(g) (8 U.S.C.13

1186a(g)) is amended14


(A) by inserting or permanent partner16


(B) by inserting or permanent partner-18

ship after marriage each place it appears;19


nent partnership after marriage;21


nent partnership after marriage; and23



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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


(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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nent partner after spouse.4

(b) AVOIDING IMMIGRATION FRAUD.Section 245(e)5

(8 U.S.C. 1255(e)) is amended6



(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


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




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




ship after marital union;20

(4) in subsection (e)(1)21


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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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

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