Reuniting Families Act

Reuniting Families Act

This bill amends the Immigration and Nationality Act (INA) to establish the fiscal year worldwide level of employment-based immigrants at 140,000 plus: (1) the previous year's unused visas, and (2) the number of unused visas from FY1992-FY2015.

The bill establishes the fiscal year worldwide level of family-sponsored immigrants at 480,000 plus: (1) the previous year's unused visas, and (2) the number of unused visas from FY1992-FY2015.

The bill redefines "immediate relative" to:

• mean a child, spouse, permanent partner, or parent of a U.S. citizen or the child or spouse of a lawful permanent resident, except that in the case of parents such citizens shall be at least 21 years old;
• permit a widow or widower of a U.S. citizen or resident to seek permanent resident status if married at least two years at the time of the citizen's or resident's death or, if married less than two years, by showing through a preponderance of the evidence that the marriage was entered into in good faith and not solely to obtain an immigration benefit; and
• include an alien who was the child or parent of a U.S. citizen or resident at the time of the citizen's or resident's death if the alien files a petition within two years after such date or prior to reaching 21 years old.

The bill increases immigration visas for: (1) unmarried sons and daughters of U.S. citizens, and (2) brothers and sisters of U.S. citizens.

The bill also:

• establishes an 80,640 visa allocation for the unmarried sons and daughters of permanent resident aliens,
• increases annual per country (10% of annual total) and dependent area (5% of annual total) limits for employment-based and family-sponsored immigrant visas, and
• expands specified family-unity exceptions to unlawful presence-based inadmissibility.

An alien shall be inadmissible for willful misrepresentation of citizenship. (Under current law inadmissibility is based on false representation of citizenship.)

The bill specifies relief for orphans and spouses regarding: (1) petitions for immediate relative status, (2) parole eligibility, (3) permanent resident status adjustment, and (4) processing of immigrant visas.

Filipino Veterans Family Reunification Act

Children of naturalized Filipino World War II veterans shall be exempt from worldwide or numerical immigrant limitations.

The bill makes a minor child of an alien fiancee/fiance or of an alien spouse of a U.S. citizen eligible for derivative K-visa status, provided certain requirements are met.

The Department of Homeland Security (DHS) or the Department of Justice may adjust the status of a finacee/fiance or alien spouse and any minor children (K-visa) to conditional permanent resident status if the alien marries the petitioner within three months after U.S. admission.

The definition of "child" for purposes of titles I and II of the Act shall include a stepchild under 21 years old.

The INA is amended to include a "permanent partner" within its scope.

The bill revises requirements regarding: (1) priority date retention; and (2) waiver eligibility for widows, widowers, and orphans.

"Permanent partner" shall mean any individual 18 or older who is:

• in a committed, intimate relationship with another individual age 18 or older in which both individuals intend the commitment to be lifelong;
• financially interdependent with the other individual, unless DHS or the Department of State has determined, on a case-by-case basis, that this requirement is unreasonable;
• not married to, or in a permanent partnership with, anyone other than the individual;
• unable to contract with the other individual a marriage cognizable under this Act; and
• not a first, second, or third degree blood relation of the other individual.

"Alien permanent partner" is defined as the individual in a permanent partnership who is being sponsored for a visa.