Uniting American Families Act

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The Uniting American Families Act is a measure that would amend current immigration law to cover same-sex relationships because currently U.S. immigration law does not allow lesbian, gay or bisexual citizens or permanent residents to petition for their same-sex partners to immigrate. The proposed bill would provide same-sex couples with the same immigration benefits as opposite-sex couples. 2005 H.R. 3006; 2005 S. 1278 ; formerly, PPIA 108 S. 1510.

Representative Jerrold Nadler (D-NY) first introduced this bill, then known as the Permanent Partners Immigration Act, to Congress in 2000. In July 2003, Senator Patrick Leahy (D-VT), introduced the Senate companion bill, for the first time. By the end of the 108th Congress, the PPIA had garnered 129 co-sponsors in the House and 12 co-sponsors in the Senate. On July 21, 2005, the bill was re-introduced under the new name, the Uniting American Families Act, in both chambers of Congress as H.R. 3006 and S. 1278.

If passed, UAFA would allow U.S. citizens and permanent residents to file a visa petition on behalf of their foreign national same-sex permanent partners, allowing them to immigrate to the U.S. and adjust their status to become a lawful permanent residents. See 2005 S. 1278 § 3 (which would amend 8 U.S.C. § 1151(b)(2)(A)(i) to include "permanent partners" as "immediate relatives" of U.S. citizens not subject to numerical limitations or worldwide limitations, thus allowing USCs to file a petition under 8 U.S.C. § 1154 (a)(1)(A)(i)); 2005 S. 1278 § 5 (which would amend 8 U.S.C. § 1153(a) to give "permanent partners" and spouses of permanent residents the same preference allocation, allowing permanent residents to file a petition under 8 U.S.C. § 1154 (a)(1)(B)(i)).

The bill defines "permanent partner" as any person 18 or older who is:

  • 1. in a committed, intimate relationship with an adult U.S. citizen or legal permanent resident 18 years or older in which both parties intend a lifelong commitment;
  • 2. financially interdependent with that other person;
  • 3. not married to, or in a permanent partnership with, anyone other than that other person;
  • 4. unable to contract with that person a marriage cognizable under the Immigration and Nationality Act; and
  • 5. is not a first, second, or third degree blood relation of that other individual.

The sponsoring "permanent partner" would also have to commit to providing financial support before the other partner could obtain immigration benefits based on their relationship.

The above requirements ensure that the UAFA protects same-sex couples in committed relationships while preventing fraudulent immigration applications. Indeed, the applicable burden of proof standard would be identical to that which currently applies to all heterosexual married couples seeking immigration benefits. Moreover, just like heterosexual couples, permanent partners would be subject to severe criminal penalties for immigration fraud or other abuse in connection with the application for permanent residence.

Because the Act's intent is to remedy the unequal treatment of same-sex partners, it would not affect unmarried heterosexual couples, who currently have the option to marry and seek relief under the Immigration and Nationality Act.

The UAFA does not alter or redefine the federal definition of marriage for immigration purposes or otherwise. Instead, it simply provides USCs and LPRs with the right to petition for their foreign national permanent partner to immigrate to the United States.

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