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The Uniting American Families Act, H.R. 4006 (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 marriagesoften
exploitative and degradingso 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 (and the dates of
their sponsorship) of the UAFA follows.
HOUSE COSPONSORS (94), ALPHABETICAL
Rep Abercrombie, Neil
[HI-1] - 6/21/2005
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Rep Allen, Thomas H.
[ME-1] - 6/21/2005
|
Rep Andrews, Robert E.
[NJ-1] - 6/21/2005
|
Rep Baird, Brian
[WA-3] - 7/26/2005
|
Rep Baldwin, Tammy
[WI-2] - 6/21/2005
|
Rep Berkley, Shelley
[NV-1] - 6/21/2005
|
Rep Berman, Howard L.
[CA-28] - 6/21/2005
|
Rep Blumenauer, Earl
[OR-3] - 6/29/2005
|
Rep Brown, Corrine
[FL-3] - 6/21/2005
|
Rep Brown, Sherrod
[OH-13] - 6/21/2005
|
Rep Capps, Lois
[CA-23] - 6/21/2005
|
Rep Capuano, Michael E.
[MA-8] - 6/21/2005
|
Rep Clay, Wm. Lacy
[MO-1] - 6/29/2005
|
Rep Crowley, Joseph
[NY-7] - 6/21/2005
|
Rep Davis, Susan A.
[CA-53] - 9/28/2005
|
Rep DeGette, Diana
[CO-1] - 7/26/2005
|
Rep Delahunt, William D.
[MA-10] - 6/21/2005
|
Rep DeLauro, Rosa L. [CT-3] - 6/29/2005
|
Rep Doyle, Michael F.
[PA-14] - 2/8/2006
|
Rep Emanuel, Rahm
[IL-5] - 7/26/2005
|
Rep Engel, Eliot L.
[NY-17] - 6/21/2005
|
Rep Eshoo, Anna G.
[CA-14] - 6/21/2005
|
Rep Farr, Sam
[CA-17] - 6/21/2005
|
Rep Fattah, Chaka
[PA-2] - 11/10/2005
|
Rep Filner, Bob
[CA-51] - 6/21/2005
|
Rep Frank, Barney
[MA-4] - 6/21/2005
|
Rep Gonzalez, Charles
A.
[TX-20] - 6/21/2005
|
Rep Green, Al [TX-9]
- 3/8/2006
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Rep Grijalva, Raul M.
[AZ-7] - 9/28/2005
|
Rep Gutierrez, Luis V. [IL-4] - 6/21/2005
|
Rep Harman, Jane
[CA-36] - 6/21/2005
|
Rep Hastings, Alcee L.
[FL-23] - 7/26/2005
|
Rep Hinchey, Maurice D.
[NY-22] - 6/29/2005
|
Rep Holt, Rush D.
[NJ-12] - 6/21/2005
|
Rep Honda, Michael M.
[CA-15] - 6/21/2005
|
Rep Hoyer, Steny H.
[MD-5] - 12/22/2005
|
Rep Inslee, Jay
[WA-1] - 6/21/2005
|
Rep Jackson, Jesse L., Jr.
[IL-2] - 7/28/2005
|
Rep Jones, Stephanie Tubbs
[OH-11] - 6/21/2005
|
Rep Kennedy, Patrick J.
[RI-1] - 9/28/2005
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Rep Kolbe, Jim
[AZ-8] - 6/21/2005
|
Rep Kucinich, Dennis J.
[OH-10] - 6/21/2005
|
Rep Langevin, James R.
[RI-2] - 7/26/2005
|
Rep Lantos, Tom
[CA-12] - 6/21/2005
|
Rep Larson, John B.
[CT-1] - 7/26/2005
|
Rep Lee, Barbara
[CA-9] - 6/21/2005
|
Rep Levin, Sander M.
[MI-12] - 6/29/2005
|
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
|
Rep Markey, Edward J.
[MA-7] - 7/26/2005
|
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
|
Rep Meek, Kendrick B.
[FL-17] - 6/21/2005
|
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
|
Rep Miller, George
[CA-7] - 6/21/2005
|
Rep Moore, Dennis
[KS-3] - 6/21/2005
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Rep Moore, Gwen
[WI-4] - 12/22/2005
|
Rep Moran, James P.
[VA-8] - 6/21/2005
|
Rep Napolitano, Grace F.
[CA-38] - 6/21/2005
|
Rep Neal, Richard E.
[MA-2] - 7/26/2005
|
Rep Olver, John W.
[MA-1] - 6/29/2005
|
Rep Owens, Major R.
[NY-11] - 6/29/2005
|
Rep Pallone, Frank, Jr.
[NJ-6] - 6/21/2005
|
Rep Pastor, Ed
[AZ-4] - 6/21/2005
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Rep Payne, Donald M.
[NJ-10] - 6/21/2005
|
Rep Pelosi, Nancy
[CA-8] - 7/28/2005
|
Rep Rangel, Charles B.
[NY-15] - 6/21/2005
|
Rep Rothman, Steven R.
[NJ-9] - 6/21/2005
|
Rep Sabo, Martin Olav
[MN-5] - 6/21/2005
|
Rep Sanchez, Linda T.
[CA-39] - 6/21/2005
|
Rep Sanders, Bernard
[VT] - 6/21/2005
|
Rep Schakowsky, Janice D.
[IL-9] - 6/21/2005
|
Rep Schiff, Adam B.
[CA-29] - 6/29/2005
|
Rep Serrano, Jose E.
[NY-16] - 6/21/2005
|
Rep Sherman, Brad
[CA-27] - 6/21/2005
|
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
|
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:
Sen Boxer,
Barbara - 6/21/2005 [CA]
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Sen
Chafee, Lincoln - 6/21/2005 [RI]
|
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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