[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1510 Introduced in Senate (IS)]
1st Session
S. 1510
To amend the Immigration and Nationality Act to provide a mechanism for
United States citizens and lawful permanent residents to sponsor their
permanent partners for residence in the United States, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 31 (legislative day, July 21), 2003
Mr. Leahy (for himself, Mr. Jeffords, Mr. Feingold, Mr. Kennedy, Mr.
Kerry, and Mr. Dayton) introduced the following bill; which was read
twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Immigration and Nationality Act to provide a mechanism for
United States citizens and lawful permanent residents to sponsor their
permanent partners for residence in the United States, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; AMENDMENTS TO IMMIGRATION AND NATIONALITY ACT.
(a) Short Title.--This Act may be cited as the ``Permanent Partners
Immigration Act of 2003''.
(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.
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:
``(51) 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.
``(52) The term `permanent partnership' means the relationship that
exists between two permanent partners.''.
SEC. 3. 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 such term appears; and
(3) by striking ``remarries.'' and inserting ``remarries or
enters a permanent partnership with another person.''.
SEC. 4. 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 subparagraph (A), in the heading by inserting ``,
permanent partners,'' after ``spouses''; and
(3) in subparagraph (C), in the heading by inserting
``without permanent partners'' after ``daughters''.
(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 such term appears; and
(2) by inserting ``or permanent partners'' after ``husband
and wife''.
SEC. 5. 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''; and
(2) in subparagraph (A)--
(A) by inserting ``, permanent partners,'' after
``spouses''; and
(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 by inserting ``, permanent partner,'' after ``spouse'' each
place such term appears.
SEC. 6. 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 such term appears; and
(B) in subclause (I), by inserting ``or permanent
partnership'' after ``marriage'' each place such term
appears; and
(3) in subparagraph (B)--
(A) by inserting ``or permanent partner'' after
``spouse'' each place such term appears; and
(B) by inserting ``or permanent partnership'' after
``marriage'' each place such term appears.
(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 such term appears; and
(2) by inserting ``or permanent partnership'' after
``marriage'' each place such term appears.
SEC. 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 such term appears; and
(B) by inserting ``, permanent partner's,'' after
``spouse's''; and
(2) in paragraph (4), by inserting ``, permanent partner,''
after ``spouse''.
SEC. 8. ASYLUM.
Section 208(b)(3) (8 U.S.C. 1158(b)(3)) is amended--
(1) in the heading, by inserting ``or permanent partner''
after ``spouse''; and
(2) in subparagraph (A), by inserting ``, permanent
partner,'' after ``spouse''.
SEC. 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''.
SEC. 10. 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,'' each place such term appears;
(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,'' each place such term appears; and
(4) in paragraph (9)(B)(v), by inserting ``, permanent
partner,'' after ``spouse'' each place such term appears.
(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,'' each place such term appears.
(e) Waiver of Inadmissibility for Misrepresentation.--Section
212(i)(1) (8 U.S.C. 1182(i)(1)) is amended--
(1) by inserting ``permanent partner,'' after ``spouse,'';
and
(2) by inserting ``, permanent partner,'' after ``resident
spouse''.
SEC. 11. NONIMMIGRANT STATUS FOR PERMANENT PARTNERS AWAITING THE
AVAILABILITY OF AN IMMIGRANT VISA.
Section 214 (8 U.S.C. 1184) is amended--
(1) by redesignating subsections (o) and (p) as added by
sections 1102(b) and 1103(b), respectively, of the Departments
of Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 2001, as enacted into law by
section 1(a)(2) of Public Law 106-553, as subsections (p) and
(q), respectively; and
(2) in subsection (q) (as so redesignated)--
(A) in paragraph (1), by inserting ``or permanent
partner'' after ``spouse''; and
(B) in paragraph (2), by inserting ``or permanent
partnership'' after ``marriage'' each place such term
appears.
SEC. 12. CONDITIONAL PERMANENT RESIDENT STATUS FOR CERTAIN ALIEN
SPOUSES, PERMANENT PARTNERS, AND SONS AND DAUGHTERS.
(a) Section Heading.--
(1) In general.--The section 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 216 to 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) (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 such term 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 such term 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) in the matter preceding subclause (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''.
(e) 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 such term appears; and
(B) by inserting ``or permanent partnership'' after
``marriage'' each place such term 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 such term appears; and
(B) by inserting ``or permanent partnership'' after
``marriage''.
SEC. 13. CONDITIONAL PERMANENT RESIDENT STATUS FOR CERTAIN ALIEN
ENTREPRENEURS, SPOUSES, PERMANENT PARTNERS, AND CHILDREN.
(a) Section Heading.--
(1) In general.--Section 216A (8 U.S.C. 1186b) is amended
in the heading by inserting ``or permanent partners'' after
``spouses''.
(2) Clerical amendment.--The table of contents is amended
by amending the item relating to section 216A to read as
follows:
``Sec. 216. 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 such term appears.
(c) Termination of Status if Finding That Qualifying
Entrepreneurship Improper.--Section 216A(b)(1) (8 U.S.C. 1186b(b)(1))
is amended in the matter following subparagraph (C), by inserting ``or
permanent partner'' after ``spouse''.
(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 such term appears.
SEC. 14. DEPORTABLE ALIENS.
(a) In General.--Section 237(a) (8 U.S.C. 1227(a)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (D)(i), by inserting ``or
permanent partners'' after ``spouses'' each place such
term appears;
(B) in subparagraph (E)--
(i) in clause (ii), by inserting ``or
permanent partner'' after ``spouse''; and
(ii) in clause (iii), by inserting ``or
permanent partner'' after ``spouse'';
(C) in subparagraph (H)(i)(I), by inserting ``or
permanent partner'' after ``spouse''; and
(D) by adding at the end the following:
``(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.'';
(2) in paragraph (2)(E)(i), by inserting ``or permanent
partner'' after ``spouse'' each place such term appears; and
(3) in paragraph (3)(C)(ii), by inserting ``or permanent
partner'' after ``spouse'' each place such term appears.
(b) Technical and Conforming Amendments.--Section 237(a) (8 U.S.C.
1227(a)) is amended by striking ``Attorney General'' each place that
term appears and inserting ``Secretary of Homeland Security''.
SEC. 15. REMOVAL PROCEEDINGS.
Section 240(e)(1) (8 U.S.C. 1229a(e)(1)) is amended by inserting
``permanent partner,'' after ``spouse,''.
SEC. 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 ``permanent
partner,'' after ``spouse,''; and
(2) in paragraph (2)--
(A) in the heading, by inserting ``, permanent
partner,'' after ``spouse''; and
(B) in subparagraph (A), by inserting
``, permanent partner,'' after ``spouse'' each place
such term appears.
SEC. 17. 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:
``(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)(51) 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)(B) (8 U.S.C. 1255(i)(1)(B)) is amended by inserting ``,
permanent partner,'' after ``spouse''.
(d) Informants.--Section 245(j) (8 U.S.C. 1255(j)) is amended by
inserting ``permanent partner,'' after ``spouse,'' each place such term
appears.
(e) Technical and Conforming Amendments.--Section 245 (8 U.S.C.
1255) is amended by striking ``Attorney General'' each place that term
appears and inserting ``Secretary of Homeland Security''.
SEC. 18. MISREPRESENTATION AND CONCEALMENT OF FACTS.
Section 275(c) (8 U.S.C. 1325(c)) is amended by inserting ``or
permanent partnership'' after ``marriage''.
SEC. 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, in the matter
following paragraph (2), by inserting ``or permanent partner'' after
``spouse''.
SEC. 20. FORMER CITIZENS OF UNITED STATES REGAINING UNITED STATES
CITIZENSHIP.
Section 324(a) (8 U.S.C. 1435(a)) is amended, in the matter
following ``after September 22, 1922,'', by inserting ``or permanent
partnership'' after ``marriage'' each place such term appears.
SEC. 21. APPLICATION OF FAMILY UNITY PROVISIONS TO PERMANENT PARTNERS
OF CERTAIN LIFE ACT BENEFICIARIES.
Section 1504 of 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 section 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 such term appears.
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