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The Uniting American Families Act, H.R. 3006 (UAFA, formerly known as
the Permanent Partners Immigration Act or PPIA) would, if passed, let
U.S. citizens and lawful permanent residents in binational same-sex relationships
sponsor their foreign-born partners for immigration to the U.S.
As the PPIA, the bill was first introduced in February
2000 by Congressman Jerrold Nadler (D-NY). It gained fifty-nine cosponsors
in its first year
in the House of Representatives. In 2003, Senator Patrick Leahy (D-VT)
brought companion legislation before the Senate. “Our immigration
laws treat gays and lesbians in committed relationships as second-class
citizens, and that needs to change,” said Leahy. “This bill
would add America to the growing list of nations that extend immigration
benefits to same-sex couples. It is the right thing to do.”
The UAFA was introduced in the current (109th) Congress on June 21,
2005. It has 104 cosponsors from both houses.
The UAFA would fulfill the promise of family unification
in the U.S. immigration system by extending eligibility to the foreign-born
partners
of U.S. citizens and lawful permanent residents. It would add the term "permanent
partner" to sections of the Immigration and Nationality Act (INA)
where "spouse" now appears. Thus, a U.S. citizen or permanent
resident could sponsor their permanent partner for immigration to the
country, just as they can now sponsor such family members as siblings,
children, or husbands and wives. One would qualify as the permanent partner
of a U.S. citizen or lawful permanent resident if, among other things,
one is:
- At least eighteen years of age;
- In an intimate relationship with the
sponsoring adult U.S. citizen or legal permanent resident, in which
both parties intend a lifelong
commitment;
- Financially interdependent with that person;
- Not married or in
a permanent partnership with anyone other than that person; and
- Unable
to contract with that person a marriage that is recognized under
the INA.
A permanent partnership is not marriage and would not affect the federal
definition of marriage. A successful application would confer no benefits
other than immigration status for the foreign national.
Because all binational lesbian and gay relationships
would be subject to the same scrutiny that eligible heterosexual relationships
currently
face, the UAFA would not increase the possibility for immigration fraud
through fake “partnerships.” The Department of Homeland Security
(DHS) will apply the same standards that it applies to marriages in determining
whether a permanent partnership is genuine. Permanent partners, like
married couples, would be required to prove emotional and financial commitment
through (for instance) jointly owned property; shared child custody;
joint bank accounts; joint credit cards; shared insurance policies; evidence
of a commitment ceremony; or photographs of shared vacations and holidays
with extended family. Applicants for permanent partnership benefits would
face the same rigorous "green card" interview as married couples.
If the interviewer suspects fraud, the partners would be subject to a
second, still more rigorous interview in which they are questioned separately
to determine whether the answers are consistent.
Moreover, as with any family-based petition, the sponsor must submit
an Affidavit of Support on behalf of the partner. The Affidavit of Support
is a binding contract that lets the government sue if the immigrant accesses
means-based benefits before working for a set period of time, generally
ten years, or becoming a U.S. citizen. Finally, like married couples,
partners who have been together for two years or less are only eligible
to apply for conditional residence. This requires an additional interview
with immigration officials at the end of the two-year conditional status
to show that the couple is still together. Conditional residency also
deters fraud.
The UAFA would actually decrease marriage fraud by
removing the reason for foreign partners of U.S. citizens to enter
sham marriages—often
exploitative and degrading—so that they can remain with their real
partner in this country. It would discourage unlawful presence, and let
people live open, honest lives. For otherwise law-abiding LGBT people
running out of legal options, their relationships would no longer lead
to choices no one should have to make.
Supporters of the UAFA include:
- Immigration Equality
- Human Rights Watch
- Amnesty International
- Human Rights Campaign
- American Immigration Lawyers Association
- Mexican American Legal Defense
and Educational Fund
- National Immigration Forum
- Legal Momentum
- National Asian Pacific American Legal Consortium
- People for the American
Way
A list of current Congressional cosponsors of the UAFA follows.
HOUSE COSPONSORS (94), ALPHABETICAL
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Rep
Abercrombie, Neil [HI-1] - 6/21/2005
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Rep
Allen, Thomas H. [ME-1] - 6/21/2005
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Rep
Andrews, Robert E. [NJ-1] - 6/21/2005
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Rep
Baird, Brian [WA-3] - 7/26/2005
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Rep
Baldwin, Tammy [WI-2] - 6/21/2005
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Rep
Berkley, Shelley [NV-1] - 6/21/2005
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Rep
Berman, Howard L. [CA-28] - 6/21/2005
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Rep
Blumenauer, Earl [OR-3] - 6/29/2005
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Rep
Brown, Corrine [FL-3] - 6/21/2005
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Rep
Brown, Sherrod [OH-13] - 6/21/2005
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Rep
Capps, Lois [CA-23] - 6/21/2005
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Rep
Capuano, Michael E. [MA-8] - 6/21/2005
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Rep
Clay, Wm. Lacy [MO-1] - 6/29/2005
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Rep
Crowley, Joseph [NY-7] - 6/21/2005
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Rep
Davis, Susan A. [CA-53] - 9/28/2005
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Rep
DeGette, Diana [CO-1] - 7/26/2005
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Rep
Delahunt, William D. [MA-10] - 6/21/2005
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Rep
DeLauro, Rosa L. [CT-3] - 6/29/2005
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Rep
Doyle, Michael F. [PA-14] - 2/8/2006
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Rep
Emanuel, Rahm [IL-5] - 7/26/2005
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Rep
Engel, Eliot L. [NY-17] - 6/21/2005
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Rep
Eshoo, Anna G. [CA-14] - 6/21/2005
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Rep
Farr, Sam [CA-17] - 6/21/2005
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Rep
Fattah, Chaka [PA-2] - 11/10/2005
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Rep
Filner, Bob [CA-51] - 6/21/2005
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Rep
Frank, Barney [MA-4] - 6/21/2005
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Rep
Gonzalez, Charles
A. [TX-20] - 6/21/2005
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Rep
Green, Al [TX-9]
- 3/8/2006
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Rep
Grijalva, Raul M. [AZ-7] - 9/28/2005
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Rep
Gutierrez, Luis V. [IL-4] - 6/21/2005
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Rep
Harman, Jane [CA-36] - 6/21/2005
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Rep
Hastings, Alcee L. [FL-23] - 7/26/2005
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Rep
Hinchey, Maurice D. [NY-22] - 6/29/2005
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Rep
Holt, Rush D. [NJ-12] - 6/21/2005
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Rep
Honda, Michael M. [CA-15] - 6/21/2005
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Rep
Hoyer, Steny H. [MD-5] - 12/22/2005
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Rep
Inslee, Jay [WA-1] - 6/21/2005
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Rep
Jackson, Jesse L., Jr. [IL-2] - 7/28/2005
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Rep
Jones, Stephanie Tubbs [OH-11] - 6/21/2005
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Rep
Kennedy, Patrick J. [RI-1] - 9/28/2005
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Rep
Kolbe, Jim [AZ-8] - 6/21/2005
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Rep
Kucinich, Dennis J. [OH-10] - 6/21/2005
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Rep
Langevin, James R. [RI-2] - 7/26/2005
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Rep
Lantos, Tom [CA-12] - 6/21/2005
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Rep
Larson, John B. [CT-1] - 7/26/2005
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Rep
Lee, Barbara [CA-9] - 6/21/2005
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Rep
Levin, Sander M. [MI-12] - 6/29/2005
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Rep
Lewis, John [GA-5] – 6/21/2005
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Rep
Lofgren, Zoe [CA-16] - 7/26/2005
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Rep
Lowey, Nita M. [NY-18] - 6/21/2005
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Rep
Markey, Edward J. [MA-7] - 7/26/2005
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Rep
Matsui, Doris O. [CA-5] - 11/18/2005
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Rep
McCarthy, Carolyn [NY-4] - 11/18/2005
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Rep
McCollum, Betty [MN-4] - 11/3/2005
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Rep
McDermott, Jim [WA-7] - 6/21/2005
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Rep
McGovern, James P. [MA-3] - 2/8/2006
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Rep
McNulty, Michael R. [NY-21] - 6/21/2005
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Rep
Meek, Kendrick B. [FL-17] - 6/21/2005
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Rep
Menendez, Robert [NJ-13] - 6/21/2005
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Rep
Michaud, Michael H. [ME-2] - 6/21/2005
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Rep
Miller, Brad [NC-13] - 9/28/2005
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Rep
Miller, George [CA-7] - 6/21/2005
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Rep
Moore, Dennis [KS-3] - 6/21/2005
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Rep
Moore, Gwen [WI-4] - 12/22/2005
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Rep
Moran, James P. [VA-8] - 6/21/2005
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Rep
Napolitano, Grace F. [CA-38] - 6/21/2005
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Rep
Neal, Richard E. [MA-2] - 7/26/2005
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Rep
Olver, John W. [MA-1] - 6/29/2005
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Rep
Owens, Major R. [NY-11] - 6/29/2005
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Rep
Pallone, Frank, Jr. [NJ-6] - 6/21/2005
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Rep
Pastor, Ed [AZ-4] - 6/21/2005
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Rep
Payne, Donald M. [NJ-10] - 6/21/2005
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Rep
Pelosi, Nancy [CA-8] - 7/28/2005
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Rep
Rangel, Charles B. [NY-15] - 6/21/2005
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Rep
Rothman, Steven R. [NJ-9] - 6/21/2005
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Rep
Sabo, Martin Olav [MN-5] - 6/21/2005
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Rep
Sanchez, Linda T. [CA-39] - 6/21/2005
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Rep
Sanders, Bernard [VT] - 6/21/2005
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Rep
Schakowsky, Janice D. [IL-9] - 6/21/2005
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Rep
Schiff, Adam B. [CA-29] - 6/29/2005
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Rep
Serrano, Jose E. [NY-16] - 6/21/2005
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Rep
Sherman, Brad [CA-27] - 6/21/2005
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Rep
Simmons, Rob [CT-2] - 6/21/2005
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Rep
Smith, Adam [WA-9] - 6/21/2005
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Rep
Solis, Hilda L. [CA-32] - 6/29/2005
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Rep
Stark, Fortney Pete [CA-13] - 6/21/2005
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Rep
Tierney, John F. [MA-6] - 6/21/2005
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Rep
Wasserman Schultz, Debbie [FL-20] 11/18/2005
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| Rep
Watson, Diane E. [CA-33] - 7/26/2005 |
Rep
Waxman, Henry A. [CA-30] - 6/21/2005
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Rep
Weiner, Anthony D. [NY-9] - 6/21/2005
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Rep
Wexler, Robert [FL-19] - 11/10/2005
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Rep
Woolsey, Lynn C. [CA-6] - 6/21/2005
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Rep
Wu, David [OR-1]
- 7/26/2005
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SENATE COSPONSORS (10), ALPHABETICAL:
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Sen Boxer, Barbara - 6/21/2005
[CA]
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Sen Chafee, Lincoln -
6/21/2005 [RI]
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Sen Corzine, Jon S. -
6/21/2005 [NJ]
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Sen
Dayton, Mark - 6/21/2005 [MN]
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Sen Feingold, Russell
D. - 6/21/2005 [WI]
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Sen Jeffords, James M.
- 6/21/2005 [VT]
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Sen Kennedy, Edward M.
- 6/21/2005 [MA]
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Sen Kerry, John F. - 10/31/2005
[MA]
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Sen Lautenberg, Frank
R. - 6/21/2005 [NJ]
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Sen
Murray, Patty- 6/21/2005 [WA]
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