December 10, 2025
Ms. Hirono (for herself and Ms. Duckworth) introduced the following bill; which was read twice and referred to the Committee on the Judiciary
To amend the Immigration and Nationality Act to promote family unity, 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; table of contents
(a) Short title
This Act may be cited as the Reuniting Families Act
.
(b) Table of contents
The table of contents for this Act is as follows:
Title I Reducing family-based visa backlogs and promoting family reunification
Sec. 101. Recapture of immigrant visas lost to bureaucratic delay
(a) Worldwide level of family-Sponsored immigrants
Section 201(c) of the Immigration and Nationality Act (8 U.S.C. 1151(c)) is amended to read as follows:
(c) Worldwide level of family-Sponsored immigrants
(1) In general
The worldwide level of family-sponsored immigrants under this subsection for a fiscal year is equal to the sum of—
(A)
480,000;
(B)
the number computed under paragraph (2); and
(C)
the number computed under paragraph (3).
(2) Unused visa numbers from previous fiscal year
The number computed under this paragraph for a fiscal year is the difference, if any, between—
(A)
the worldwide level of family-sponsored immigrant visas established for the previous fiscal year; and
(B)
the number of visas issued under section 203(a), subject to this subsection, during the previous fiscal year.
(3) Unused visa numbers from fiscal years 1992 through 2025
The number computed under this paragraph is the difference, if any, between—
(A)
the difference, if any, between—
(i)
the sum of the worldwide levels of family-sponsored immigrant visas established for fiscal years 1992 through 2025; and
(ii)
the number of visas issued under section 203(a), subject to this subsection, during such fiscal years; and
(B)
the number of unused visas from fiscal years 1992 through 2025 that were issued after fiscal year 2025 under section 203(a), subject to this subsection.
(b) Worldwide level of employment-Based immigrants
Section 201(d) of the Immigration and Nationality Act (8 U.S.C. 1151(d)) is amended to read as follows:
(d) Worldwide level of employment-Based immigrants
(1) In general
The worldwide level of employment-based immigrants under this subsection for a fiscal year is equal to the sum of—
(A)
140,000;
(B)
the number computed under paragraph (2); and
(C)
the number computed under paragraph (3).
(2) Unused visa numbers from previous fiscal year
The number computed under this paragraph for a fiscal year is the difference, if any, between—
(A)
the worldwide level of employment-based immigrant visas established for the previous fiscal year; and
(B)
the number of visas issued under section 203(b), subject to this subsection, during the previous fiscal year.
(3) Unused visa numbers from fiscal years 1992 through 2025
The number computed under this paragraph is the difference, if any, between—
(A)
the difference, if any, between—
(i)
the sum of the worldwide levels of employment-based immigrant visas established for each of fiscal years 1992 through 2025; and
(ii)
the number of visas issued under section 203(b), subject to this subsection, during such fiscal years; and
(B)
the number of unused visas from fiscal years 1992 through 2025 that were issued after fiscal year 2025 under section 203(b), subject to this subsection.
(c) Aliens not subject to direct numerical limitations
Section 201(b) of the Immigration and Nationality Act (8 U.S.C. 1151(b)) is amended by adding at the end the following:
(3)
(A)
Aliens who are beneficiaries (including derivative beneficiaries) of approved immigrant petitions bearing priority dates more than ten years prior to the alien's application for admission as an immigrant or adjustment of status.
(B)
Aliens described in section 203(d).
(d) Effective date
The amendments made by this section shall take effect on the date which is 60 days after the date of the enactment of this Act.
Sec. 102. Reclassification of spouses, permanent partners, and minor children of legal permanent residents as immediate relatives
(a) In general
Section 201(b)(2) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(2)) is amended to read as follows:
(2) Immediate relative
(A) In general
(i) Immediate relative defined
In this subparagraph, the term immediate relative means a child, spouse, permanent partner, or parent of a citizen of the United States or a child, spouse, or permanent partner of a lawful permanent resident (and for each family member of a citizen or lawful permanent resident under this subparagraph, such individual’s spouse, permanent partner, or child who is accompanying or following to join the individual), except that, in the case of parents, such citizens shall be at least 21 years of age.
(ii) Previously issued visa
Aliens admitted under section 211(a) on the basis of a prior issuance of a visa under section 203(a) to their accompanying parent who is an immediate relative.
(iii) Parents and children
An alien who was the child or parent of a citizen of the United States or a child of a lawful permanent resident at the time of the citizen’s or resident’s death if the alien files a petition under section 204(a)(1)(A)(ii) within 2 years after such date or prior to reaching 21 years of age.
(iv) Spouse or permanent partner
An alien who was the spouse or permanent partner of a citizen of the United States or lawful permanent resident for not less than 2 years at the time of the citizen’s or resident’s death or, if married for less than 2 years at the time of the citizen’s or resident’s death, proves by a preponderance of the evidence that the marriage or permanent partnership was entered into in good faith and not solely for the purpose of obtaining an immigration benefit and was not legally separated from the citizen or resident (or, in the case of a permanent partnership, whose permanent partnership was not terminated) at the time of the citizen’s or resident’s death, and each child of such alien, shall be considered, for purposes of this subsection, an immediate relative after the date of the citizen’s or resident’s death if the spouse or permanent partner files a petition under section 204(a)(1)(A)(ii) before the date on which the spouse or permanent partner remarries or enters a permanent partnership with another person.
(v) Special rule
For purposes of this subparagraph, an alien who has filed a petition under clause (iii) or (iv) of section 204(a)(1)(A) remains an immediate relative if the United States citizen or lawful permanent resident spouse, permanent partner, or parent loses United States citizenship or residence on account of the abuse.
(B) Birth during temporary visit abroad
Aliens born to an alien lawfully admitted for permanent residence during a temporary visit abroad.
(b) Allocation of immigrant visas
Section 203(a) of the Immigration and Nationality Act (8 U.S.C. 1153(a)) is amended—
(1)
in paragraph (1), by striking 23,400
and inserting 127,200
;
(2)
by striking paragraph (2) and inserting the following:
(2) Unmarried sons without permanent partners and unmarried daughters without permanent partners of permanent resident aliens
Qualified immigrants who are the unmarried sons without permanent partners or unmarried daughters without permanent partners (but are not the children) of an alien lawfully admitted for permanent residence shall be allocated visas in a number not to exceed 80,640, plus any visas not required for the class specified in paragraph (1).;
(3)
in paragraph (3), by striking 23,400
and inserting 80,640
; and
(4)
in paragraph (4), by striking 65,000
and inserting 191,520
.
(c) Technical and conforming amendments
(1) Rules for determining whether certain aliens are immediate relatives
Section 201(f) of the Immigration and Nationality Act (8 U.S.C. 1151(f)) is amended—
(A)
in paragraph (1), by striking paragraphs (2) and (3),
and inserting paragraph (2),
;
(B)
by striking paragraph (2);
(C)
by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; and
(D)
in paragraph (3), as redesignated by subparagraph (C), by striking through (3)
and inserting and (2)
.
(2) Allocation of immigration visas
Section 203(h) of the Immigration and Nationality Act (8 U.S.C. 1153(h)) is amended—
(A)
in paragraph (1)—
(i)
in the matter preceding subparagraph (A), by striking subsections (a)(2)(A) and (d)
and inserting subsection (d)
;
(ii)
in subparagraph (A), by striking becomes available for such alien (or, in the case of subsection (d), the date on which an immigrant visa number became available for the alien’s parent),
and inserting became available for the alien’s parent,
; and
(iii)
in subparagraph (B), by striking applicable
;
(B)
by amending paragraph (2) to read as follows:
(2) Petitions described
The petition described in this paragraph is a petition filed under section 204 for classification of the alien’s parent under subsection (a), (b), or (c).; and
(C)
in paragraph (3), by striking subsections (a)(2)(A) and (d)
and inserting subsection (d)
.
(3) Procedure for granting immigrant status
Section 204 of the Immigration and Nationality Act (8 U.S.C. 1154) is amended—
(A)
in subsection (a)(1)—
(i)
in subparagraph (A)—
(I)
in clause (i), by inserting or lawful permanent resident
after citizen
;
(II)
in clause (ii), by striking described in the second sentence of section 201(b)(2)(A)(i) also
and inserting , alien child, or alien parent described in section 201(b)(2)(A)
;
(III)
in clause (iii)—
(aa)
in subclause (I)(aa), by inserting or legal permanent resident
after citizen
; and
(bb)
in subclause (II)(aa)—
(AA)
in subitems (AA) and (BB), by inserting or legal permanent resident;
after citizen
each place that term appears;
(BB)
in subitem (CC), by inserting or legal permanent resident
after citizen
each place that term appears; and
(CC)
in subitem (CC)(bbb), by inserting or legal permanent resident
after citizenship
;
(IV)
in clause (iv), by inserting or legal permanent resident
after citizen
each place that term appears;
(V)
in clause (v)(I), by inserting or legal permanent resident
after citizen
; and
(VI)
in clause (vi)—
(aa)
by inserting or legal permanent resident status
after renunciation of citizenship
; and
(bb)
by inserting or legal permanent resident
after abuser’s citizenship
;
(ii)
by striking subparagraph (B);
(iii)
in subparagraph (C), by striking subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii)
and inserting clause (iii) or (iv) of subparagraph (A)
; and
(iv)
in subparagraph (J), by striking or clause (ii) or (iii) of subparagraph (B)
;
(B)
in subsection (a), by striking paragraph (2);
(C)
in subsection (c)(1), by striking or preference status
; and
(D)
in subsection (h), by striking or a petition filed under subsection (a)(1)(B)(ii)
.
Sec. 103. Country limits
Section 202(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1152(a)(2)) is amended by striking 7 percent (in the case of a single foreign state) or 2 percent
and inserting 20 percent (in the case of a single foreign state) or 5 percent
.
Sec. 104. Promoting family unity
(a) Repeal of three- and ten-Year and permanent bars
Section 212(a)(9) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(9)) is amended to read as follows:
(9) Aliens previously removed
(A) Arriving alien
Any alien who has been ordered removed under section 235(b)(1) or at the end of proceedings under section 240 initiated upon the alien's arrival in the United States and who again seeks admission within 5 years of the date of such removal (or within 20 years in the case of a second or subsequent removal or at any time in the case of an alien convicted of an aggravated felony) is inadmissible.
(B) Other aliens
Any alien not described in subparagraph (A), and who seeks admission within 10 years of the date of such alien's departure or removal (or within 20 years of such date in the case of a second or subsequent removal or at any time in the case of an alien convicted of an aggravated felony), is inadmissible if the alien—
(i)
has been ordered removed under section 240 or any other provision of law; or
(ii)
departed the United States while an order of removal was outstanding.
(C) Exception
Subparagraphs (A) and (B) shall not apply to an alien seeking admission within a period if, prior to the date of the alien's reembarkation at a place outside the United States or attempt to be admitted from foreign contiguous territory, the Secretary of Homeland Security has consented to the alien's reapplying for admission.
(b) Misrepresentations
The Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended—
(1)
by amending section 212(a)(6)(C)(ii) (8 U.S.C. 1182(a)(6)(C)(ii)) to read as follows:
(ii) Misrepresentation of citizenship
(I) In general
Any alien who willfully misrepresents, or has willfully misrepresented, himself or herself to be a citizen of the United States for any purpose or benefit under this Act (including section 274A) or any Federal or State law is inadmissible.
(II) Exception
In the case of an alien making a misrepresentation described in subclause (I), if the alien was under the age of 21 at the time of making such misrepresentation that he or she was a citizen, the alien shall not be considered to be inadmissible under any provision of this subsection based on such misrepresentation.;
(2)
in section 212(a)(6)(C)(iii) (8 U.S.C. 1182(a)(6)(C)(iii)), by striking of clause (i)
;
(3)
by amending subsection (i)(1) of section 212 (8 U.S.C. 1182(i)(1)) to read as follows:
(i)
(1)
The Attorney General or the Secretary of Homeland Security may, in the discretion of the Attorney General or the Secretary, waive the application of subsection (a)(6)(C) in the case of an immigrant who is the parent, spouse, permanent partner, son, or daughter of a United States citizen or of an alien lawfully admitted for permanent residence, or an alien granted classification under clause (iii) or (iv) of section 204(a)(1)(A), if it is established to the satisfaction of the Attorney General or the Secretary that the admission to the United States of such alien would not be contrary to the national welfare, safety, or security of the United States.; and
(4)
by amending section 237(a)(3)(D) (8 U.S.C. 1227(a)(3)(D)) to read as follows:
(D) Misrepresentation of citizenship
(i) In general
Any alien who willfully misrepresents, or has willfully misrepresented, himself to be a citizen of the United States for any purpose or benefit under this Act (including section 274A) or any Federal or State law is deportable.
(ii) Exception
In the case of an alien making a misrepresentation described in subclause (i), if the alien was under the age of 21 at the time of making such misrepresentation that he or she was a citizen, the alien shall not be considered to be deportable under any provision of this subsection based on such misrepresentation.
(c) Waivers of inadmissibility
Section 212 of the Immigration and Nationality Act (8 U.S.C. 1182) is amended by inserting after subsection (b) the following:
(c)
Notwithstanding any other provision of law, the Secretary of Homeland Security or the Attorney General may waive the operation of any one or more grounds of inadmissibility set forth in this section for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest. This waiver shall be available to individuals eligible for relief under subsection (h).
(d) Waivers of deportability
Section 237 of the Immigration and Nationality Act (8 U.S.C. 1227) is amended by adding at the end the following:
(e)
Notwithstanding any other provision of law, the Secretary of Homeland Security or the Attorney General may waive the operation of any one or more grounds of removal set forth in this section for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest.
Sec. 105. Relief for orphans, widows, and widowers
(a) In general
(1) Special rule for orphans, spouses, and permanent partners
In applying clauses (iii) and (iv) of section 201(b)(2)(A) of the Immigration and Nationality Act, as added by section 102(a) of this Act, to an alien whose citizen or lawful permanent resident relative died before the date of the enactment of this Act, the alien relative may file the classification petition under section 204(a)(1)(A)(ii) of such Act, as amended by section 102(c)(4)(A)(i)(II) of this Act, not later than 2 years after the date of the enactment of this Act.
(2) Eligibility for parole
If an alien was excluded, deported, removed, or departed voluntarily before the date of the enactment of this Act based solely upon the alien’s lack of classification as an immediate relative (as defined in section 201(b)(2)(A)(iv) of the Immigration and Nationality Act, as amended by section 102(a) of this Act) due to the death of such citizen or resident—
(A)
such alien shall be eligible for parole into the United States pursuant to the Secretary of Homeland Security’s discretionary authority under section 212(d)(5) of such Act (8 U.S.C. 1182(d)(5)); and
(B)
such alien’s application for adjustment of status shall be considered notwithstanding section 212(a)(9) of such Act (8 U.S.C. 1182(a)(9)).
(3) Eligibility for parole
If an alien described in section 204(l) of the Immigration and Nationality Act (8 U.S.C. 1154(l)), was excluded, deported, removed, or departed voluntarily before the date of the enactment of this Act—
(A)
such alien shall be eligible for parole into the United States pursuant to the Secretary of Homeland Security’s discretionary authority under section 212(d)(5) of such Act (8 U.S.C. 1182(d)(5)); and
(B)
such alien’s application for adjustment of status shall be considered notwithstanding section 212(a)(9) of such Act (8 U.S.C. 1182(a)(9)).
(b) Processing of immigrant visas and derivative petitions
(1) In general
Section 204(b) of the Immigration and Nationality Act (8 U.S.C. 1154(b)) is amended—
(A)
by striking After an investigation
and inserting the following:
(1) In general
After an investigation; and
(B)
by adding at the end the following:
(2) Death of qualifying relative
(A) In general
Any alien described in subparagraph (B) whose qualifying relative died before the completion of immigrant visa processing may have an immigrant visa application adjudicated as if such death had not occurred. An immigrant visa issued before the death of the qualifying relative shall remain valid after such death.
(B) Alien described
An alien described in this subparagraph is an alien who—
(i)
is an immediate relative (as described in section 201(b)(2)(A));
(ii)
is a family-sponsored immigrant (as described in subsection (a) or (d) of section 203);
(iii)
is a derivative beneficiary of an employment-based immigrant under section 203(b) (as described in section 203(d)); or
(iv)
is the spouse, permanent partner, or child of a refugee (as described in section 207(c)(2)) or an asylee (as described in section 208(b)(3)).
(2) Transition period
(A) In general
Notwithstanding a denial or revocation of an application for an immigrant visa for an alien whose qualifying relative died before the date of the enactment of this Act, such application may be renewed by the alien through a motion to reopen, without fee.
(B) Inapplicability of bars to entry
Notwithstanding section 212(a)(9) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(9)), an alien’s application for an immigrant visa shall be considered if the alien was excluded, deported, removed, or departed voluntarily before the date of the enactment of this Act.
(c) Naturalization
Section 319(a) of the Immigration and Nationality Act (8 U.S.C. 1430(a)) is amended—
(1)
by inserting or permanent partner
after spouse
each place such term appears;
(2)
by inserting (or, if the spouse is deceased, the spouse was a citizen of the United States)
after citizen of the United States
; and
(3)
by inserting or permanent partnership
after marital union
.
(d) Waivers of inadmissibility
Section 212 of the Immigration and Nationality Act (8 U.S.C. 1182) is amended—
(1)
by redesignating the second subsection (t) as subsection (u); and
(2)
by adding at the end the following:
(v) Continued waiver eligibility for widows, widowers, and orphans
In the case of an alien who would have been statutorily eligible for any waiver of inadmissibility under this Act but for the death of a qualifying relative, the eligibility of such alien shall be preserved as if the death had not occurred and the death of the qualifying relative shall be the functional equivalent of hardship for purposes of any waiver of inadmissibility which requires a showing of hardship.
(e) Surviving relative consideration for certain petitions and applications
Section 204(l)(1) of the Immigration and Nationality Act (8 U.S.C. 1154(l)(1)) is amended—
(1)
by striking who resided in the United States at the time of the death of the qualifying relative and who continues to reside in the United States
; and
(2)
by striking any related applications,
and inserting any related applications (including affidavits of support),
.
(f) Immediate relatives
Section 201(b)(2)(A)(i) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)) is amended by striking within 2 years after such date
.
(g) Family-Sponsored immigrants
Section 212(a)(4)(C)(i) is amended—
(1)
in subclause (I), by striking , or
and inserting a semicolon;
(2)
in subclause (II), by striking or
at the end; and
(3)
by adding at the end the following:
(IV)
the status as a surviving relative under section 204(l); or
Sec. 106. Exemption from immigrant visa limit for certain veterans who are natives of the Philippines
(a) Short title
This section may be cited as the Filipino Veterans Family Reunification Act
.
(b) Aliens not subject to direct numerical limitations
Section 201(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(1)) is amended by adding at the end the following:
(F)
Aliens who are eligible for an immigrant visa under paragraph (1) or (3) of section 203(a) and who have a parent who was naturalized pursuant to section 405 of the Immigration Act of 1990 (8 U.S.C. 1440 note).
Sec. 107. Fiancée child status protection
(a) Definition
Section 101(a)(15)(K)(iii) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(K)(iii)) is amended by inserting , if a determination of the age of such minor child is made using the age of the alien on the date on which the petition is filed with the Secretary of Homeland Security to classify the alien’s parent as the fiancée or fiancé of a United States citizen (in the case of an alien parent described in clause (i)) or as the spouse or permanent partner of a United States citizen under section 201(b)(2)(A)(i) (in the case of an alien parent described in clause (ii))
before the semicolon at the end.
(b) Adjustment of status authorized
Section 214(d) of the Immigration and Nationality Act (8 U.S.C. 1184(d)(1)) is amended—
(1)
by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and
(2)
in paragraph (1), by striking In the event
and inserting the following:
(2)
(A)
If an alien does not marry the petitioner under paragraph (1) within 3 months after the alien and the alien’s minor children are admitted into the United States, such alien and children shall be required to depart from the United States. If such aliens fail to depart from the United States, they shall be removed in accordance with sections 240 and 241.
(B)
Subject to subparagraphs (C) and (D), if an alien marries the petitioner described in section 101(a)(15)(K)(i) within 3 months after the alien is admitted into the United States, the Secretary of Homeland Security or the Attorney General, subject to the provisions of section 245(d), may adjust the status of the alien, and any minor children accompanying or following to join the alien, to that of an alien lawfully admitted for permanent residence on a conditional basis under section 216 if the alien and any such minor children apply for such adjustment and are not determined to be inadmissible to the United States.
(C)
Paragraphs (5) and (7)(A) of section 212(a) shall not apply to an alien who is eligible to apply for adjustment of his or her status to an alien lawfully admitted for permanent residence under this section.
(D)
An alien eligible for a waiver of inadmissibility as otherwise authorized under this Act shall be permitted to apply for adjustment of his or her status to that of an alien lawfully admitted for permanent residence under this section.
(c) Age determination
Section 245(d) of the Immigration and Nationality Act (8 U.S.C. 1155(d)) is amended—
(1)
by inserting (1)
before The Attorney General
; and
(2)
by adding at the end the following:
(2)
A determination of the age of an alien admitted to the United States under section 101(a)(15)(K)(iii) shall be made, for purposes of adjustment to the status of an alien lawfully admitted for permanent residence on a conditional basis under section 216, using the age of the alien on the date on which the petition is filed with the Secretary of Homeland Security to classify the alien’s parent as the fiancée or fiancé of a United States citizen (in the case of an alien parent admitted to the United States under section 101(a)(15)(K)(i)) or as the spouse or permanent partner of a United States citizen under section 201(b)(2)(A)(i) (in the case of an alien parent admitted to the United States under section 101(a)(15)(K)(ii)).
(d) Effective date
(1) In general
The amendments made by this section shall be effective as if included in the Immigration Marriage Fraud Amendments of 1986 (Public Law 99–639).
(2) Applicability
The amendments made by this section shall apply to all petitions or applications described in such amendments that—
(A)
are pending as of the date of the enactment of this Act; or
(B)
have been denied, but would have been approved if such amendments had been in effect at the time of adjudication of the petition or application.
(3) Motion to reopen or reconsider
A motion to reopen or reconsider a petition or application described in paragraph (2)(B) shall be granted if such motion is filed with the Secretary of Homeland Security or the Attorney General not later than 2 years after the date of the enactment of this Act.
Sec. 108. Equal treatment for all stepchildren
Section 101(b)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 1101(b)(1)(B)) is amended by striking , provided the child had not reached the age of eighteen years at the time the marriage creating the status of stepchild occurred
.
Sec. 109. Retention of priority dates
Section 203 of the Immigration and Nationality Act (8 U.S.C. 1153) is amended—
(1)
by amending subsection (h)(3) to read as follows:
(3) Retention of priority date
If the age of an alien is determined under paragraph (1) to be 21 years of age or older for the purposes of subsections (a)(2)(A) and (d), and a parent of the alien files a family-based petition for such alien, the priority date for such petition shall be the original priority date issued upon receipt of the original family- or employment-based petition for which either parent was a beneficiary.; and
(2)
by adding at the end the following:
(i) Permanent priority dates
The priority date for any family- or employment-based petition shall be the date of filing of the petition with the Secretary of Homeland Security (or the Secretary of State, if applicable), unless the filing of the petition was preceded by the filing of a labor certification with the Secretary of Labor, in which case that date shall constitute the priority date. The beneficiary of any petition shall retain his or her earliest priority date based on any petition filed on his or her behalf that was approvable when filed, regardless of the category of subsequent petitions.
Sec. 110. Relief for spouses and children on other visas
(a) Work authorization for holders
Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184) is amended by adding at the end the following:
(s)
In the case of an alien spouse or child over the age of 16 admitted under subparagraphs (E), (H), (L), and (O) of section 101(a)(15)(H) who is accompanying or following to join a principle alien admitted under such section, the Secretary shall authorize such nonimmigrant to engage in employment in the United States and provide the nonimmigrant with an
employment authorizedendorsement or other appropriate work permit.
(b) Protecting H–4 children who age out of status
(1)
Section 214(g)(4) of the Immigration and Nationality Act (8 U.S.C. 1184(g)) is amending by inserting at the end
The following exceptions apply:
(A)
Any alien who—
(i)
is the beneficiary of a petition filed under section 204(a) of that Act for a preference status under paragraph (1), (2), or (3) of section 203(b) of that Act; and
(ii)
is eligible to be granted that status but for application of the per country limitations applicable to immigrants under those paragraphs, may apply for, and the Attorney General may grant, an extension of such nonimmigrant status until the alien’s application for adjustment of status has been processed and a decision made thereon.
(B)
The children, accompanying or following to join, an alien described in (A) shall be eligible to apply for and receive an extension of their nonimmigrant status, regardless of their age, so long as—
(i)
the parent of a minor described in (A) maintains their nonimmigrant status; and
(ii)
the alien was under 18 years of age when they were first granted nonimmigrant status as an alien accompanying or following to join, the nonimmigrant parent.
(2)
Section 203(h) of the Immigration and Nationality Act (8 U.S.C. 1153(h)) is amended by inserting at the end of the paragraph:
(5)
Notwithstanding paragraph (1), a determination of whether an alien described under section 204(g)(4)(B) satisfies the age requirement for purposes of a derivative visa or adjustment of status application under paragraph (1), (2), or (3) of section 203(b) of the Immigration and Nationality Act shall be made using the age of the alien on the date the petitioner files a petition on behalf of the parent beneficiary with the Secretary of Homeland Security (or the Secretary of State, if applicable), unless the filing of the petition was preceded by the filing of a labor certification with the Secretary of Labor, in which case that date shall be used to identify the age.
Sec. 111. Extension of the application period for certain aliens present in the United States for adjustment of status
Section 245(i) of the Immigration and Nationality Act (8 U.S.C. 1255(i)) is amended—
(1)
in paragraph (1)—
(A)
in subparagraph (A), in the undesignated matter following clause (ii), by striking the semicolon and inserting ; and
;
(B)
in subparagraph (B)—
(i)
in clause (i), by striking April 30, 2001
and inserting the date that is not later than 5 years after the date of the enactment of the Reuniting Families Act
; and
(ii)
in clause (ii), by striking ; and
and inserting a period; and
(C)
by striking subparagraph (C); and
(2)
by amending paragraph (3)(B) to read as follows:
(B)
Any remaining portion of such fees remitted under such paragraphs shall be deposited into the Immigration Examinations Fee Account established under section 286(m).
Sec. 112. Expansion of cancellation of removal
(a) In general
Section 240A of the Immigration and Nationality Act (8 U.S.C. 1229b) is amended—
(1)
in subsection (b)—
(A)
in paragraph (1)—
(i)
in subparagraph (A), by striking 10
and inserting 7
; and
(ii)
by amending subparagraph (D) to read as follows:
(D)
establishes that removal would result in extreme hardship to—
(i)
the alien; or
(ii)
the alien’s spouse or permanent partner, parent, or child who is a citizen of the United States or an alien lawfully admitted for permanent residence.; and
(B)
by adding at the end the following:
(7) Affirmative Application process
(A) In general
The Secretary of Homeland Security may cancel the removal of, and adjust to the status of an alien lawfully admitted for permanent residence, an alien described in paragraph (1) or (2), who—
(i)
demonstrates that the alien is the spouse, permanent partner, parent, son or daughter, or legal guardian of a citizen of the United States; and
(ii)
submits to the Secretary of Homeland Security an application at such time, in such manner, and containing such information as the Secretary may reasonably require.
(B) Numerical limitations
Notwithstanding any other provision of law, an alien admitted to the United States under this section shall not be subject to any numerical limitation.; and
(2)
by striking subsection (e).
(b) Regulations
The Secretary of Homeland Security shall promulgate regulations setting forth procedures and requirements with respect to the processing and adjudication of affirmative applications for cancellation of removal under paragraph (7) of section 240A(b) of the Immigration and Nationality Act (8 U.S.C. 1229b(b)), as added by subsection (a)(1)(B).
Sec. 113. Prohibition on removal of aliens with pending applications
(a) In general
Section 235 of the Immigration and Nationality Act (8 U.S.C. 1225) is amended—
(1)
in the section heading, by inserting ; prohibition on removal
after hearing
; and
(2)
by adding at the end the following:
(e) Prohibition on removal of aliens with certain pending petitions and applications
(1) Beneficiaries of petitions for immigrant visas
An alien who is the beneficiary (including a spouse or child of the principal alien, if eligible to receive a visa under section 203(d)) of a petition for classification under section 204 that was filed with the Secretary of Homeland Security and who is prima facie eligible for approval may not be removed while such petition or application is pending or a decision on such petition or application is on appeal.
(2) Applicants for certain nonimmigrant and special immigrant classifications and cancellation of removal
An applicant for classification as a nonimmigrant described in subparagraph (T), (U), or (V) of section 101(a)(15), an applicant for classification as a special immigrant under section 101(a)(27)(J), or an applicant for cancellation of removal under section 240A may not be removed while such application is pending or a decision on such application is on appeal.
(b) Conforming amendment
The table of contents at the beginning of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended by striking the item relating to section 235 and inserting the following:
Title 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
; andchild
means an unmarried person under twenty-one years of age
(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 the heading for paragraph (2), by inserting , permanent partner,
after spouse
; and
(2)
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 parentsin 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.
Title III Promoting Diversity and Protecting Against Discrimination in our Immigration System
Sec. 301. Increasing diversity visas
Section 201(e) of the Immigration and Nationality Act (8 U.S.C. 1151(e)) is amended by striking 55,000
and inserting 80,000
.
Sec. 302. Addressing the impact of the Muslim and African bans
Section 201 of the Immigration and Nationality Act (8 U.S.C. 1151) is amended by adding at the end the following:
(g) Diversity visas
Notwithstanding section 204(a)(1)(I)(ii)(II), an immigrant visa for an alien selected in accordance with section 203(e)(2) in fiscal year 2017, 2018, 2019, 2020, 2021, or 2022 shall remain available to such alien (and the spouse and children of such alien) if—
(1)
the alien was refused a visa, prevented from seeking admission, or denied admission to the United States solely because of Executive Order 13769, Executive Order 13780, Presidential Proclamation 9645, or Presidential Proclamation 9983; or
(2)
because of restrictions or limitations on visa processing, visa issuance, travel, or other effects associated with the COVID–19 public health emergency—
(A)
the alien was unable to receive a visa interview despite submitting an Online Immigrant Visa and Alien Registration Application (Form DS–260) to the Secretary of State; or
(B)
the alien was unable to seek admission or was denied admission to the United States despite being approved for a visa under section 203(c).
Title IV Addressing the Needs of Refugee Families
Sec. 401. Prioritization of family reunification in refugee resettlement process
(a) In general
The Secretary of State shall prioritize refugees seeking reunification with relatives living in the United States, regardless of the nationality of such refugees.
(b) Regulations
(1) In general
The Secretary of State, in consultation with the Secretary of Homeland Security, shall promulgate regulations to ensure that an individual seeking admission to the United States as a refugee shall not be excluded from being interviewed for refugee status based on—
(A)
a close family relationship to a citizen or lawful permanent resident of the United States;
(B)
a potential qualification of the individual for an immigrant visa; or
(C)
a pending application by the individual for admission to the United States.
(2) Simultaneous consideration
The regulations promulgated under paragraph (1) shall ensure that an applicant for admission as a refugee is permitted to pursue simultaneously admission to the United States—
(A)
as a refugee; and
(B)
under any visa category for which the applicant may be eligible.
(c) Notice of separate travel
In the case of an applicant for admission under section 207 of the Immigration and Nationality Act (8 U.S.C. 1157) the application of whom is placed on hold for more than three months and one or more members of the family of the applicant have separate pending applications for admission under such section, the Secretary of Homeland Security shall—
(1)
notify any individual on that case who is eligible to travel separately of the option to separate the case of the individual from the family unit; and
(2)
permit the individual to travel based on the satisfaction by the individual of all security and other requirements for a refugee application.
(d) Use of embassy referrals
(1) In general
The Secretary of State shall set forth a plan to ensure that each United States embassy and consulate is equipped and enabled to refer individuals in need of resettlement to the United States refugee admissions program.
(2) Training
The Secretary of State shall undertake training for embassy personnel to ensure that each embassy and consulate has sufficient knowledge and expertise to carry out this paragraph.
Sec. 402. Priority 3 family reunification cases
(a) In general
Because of the importance of reuniting immediate refugee families who have been separated while fleeing from persecution, Priority 3 processing shall be made available to individuals of all nationalities, including stateless individuals.
(b) Universal eligibility for all nationalities
(1) In general
Eligible Priority 3 Affidavit of Relationship filers will include those admitted in asylum, refugee, or Afghan and Iraqi special immigrants admitted under section 1059 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 8 U.S.C. 1101 note), section 1244 of the Refugee Crisis in Iraq Act of 2007 (Public Law 110–181; 8 U.S.C. 1157 note), and section 602 of the Afghan Allies Protection Act of 2009 (Public Law 111–8; 8 U.S.C. 1101 note).
(2) Eligible affidavit of relationship files
Eligible Affidavit of Relationship (referred to in this section as AOR
) filers include individuals who are lawful permanent residents of the United States or United States citizens who initially were admitted to the United States in a status described in paragraph (1).
(c) Requirements
The United States-based filer shall be at least 18 years of age at the time that the AOR is filed. The filer shall file the AOR not later than 5 years after the date they were admitted as a refugee or special immigrant or were granted asylum. The Secretary of State may reject any AOR for a relationship that does not comport with public policy, such as underage or plural marriages.
(d) Family members included
(1) In general
The following family members of the United States-based family members are qualified for Priority 3 access:
(A)
Spouse or permanent partner.
(B)
Unmarried children who are younger than 21 years of age.
(C)
Parents.
(2) Partners
The Secretary of State may allow a qualifying individual to file for Priority 3 access for a partner of any gender if the filer can provide evidence of a relationship with the partner for at least one year overseas prior to the submission of the AOR and considered that person to be his or her spouse or life partner, and that the relationship is ongoing, together with evidence that legal marriage was not an obtainable option due to social or legal prohibitions.
(e) Derivative refugee status
In addition to the qualifying family members of a United States-based individual identified above, the qualifying family member’s spouse or permanent partner, as well as unmarried children younger than 21 years of age, may derive refugee status from the principal applicant for refugee status.
(f) Additional qualifying family members
On a case-by-case basis, an individual may be added to a qualifying family member’s Priority 3 case if that individual—
(1)
lived in the same household as the qualifying family member in the country of nationality or, if stateless, last habitual residence;
(2)
was part of the same economic unit as the qualifying family member in the country of nationality or, if stateless, last habitual residence; and
(3)
demonstrates exceptional and compelling humanitarian circumstances that justify inclusion on the qualifying family member’s case.
Sec. 403. Admission of refugee families and timely adjudication
Section 207(c)(2) of the Immigration and Nationality Act (8 U.S.C. 1157(c)(2)) is amended to read as follows:
(2)
(A)
(i)
Irrespective of the date on which such refugee was admitted to the United States, the spouse or permanent partner, or a child (as defined in section 101(b)(1)) of any refugee, or the parent or de facto guardian (as determined by the Secretary of Homeland Security) of such a child who qualifies for admission under paragraph (1), if not otherwise entitled to admission under such paragraph and not described in section 101(a)(42)(B), shall be entitled to the same admission status as such refugee if—
(I)
accompanying, or following to join, such refugee; and
(II)
admissible (except as otherwise provided under paragraph (3)) as an immigrant under this chapter.
(ii)
The admission to the United States of a spouse or permanent partner, child, parent, or guardian described in clause (i) shall not be charged against the numerical limitation established in accordance with the appropriate subsection under which the refugee’s admission is charged.
(B)
A mother or father who seeks to accompany, or follow to join, an alien child granted admission as a refugee under this subsection shall continue to be classified as a parent for purposes of this paragraph if the alien child attains 21 years of age while the application filed under this paragraph is pending.
(C)
The parent or de facto guardian (as determined by the Secretary of Homeland Security) of a refugee child admitted under this section and was admitted under the Unaccompanied Refugee Minors Program (as described in subparagraph (D), (E), or (H) of section 101(b)(1)) shall be treated in accordance with subparagraph (A) if such parent or guardian seeks to follow to join such refugee child and the minor consents to being joined by such individual.
(D)
(i)
Not later than 1 year after the date on which an application for refugee status is filed under this paragraph—
(I)
required screenings and background checks shall be completed; and
(II)
the application shall be adjudicated.
(ii)
The adjudication of an application may exceed the timeframe under clause (i) only in exceptional circumstances in which additional time to process an application is necessary to satisfy national security concerns, if the Secretary of Homeland Security has—
(I)
made a determination that the applicant meets the requirements for refugee status under this section; and
(II)
notified the applicant of such determination.