S. 3419 — Reuniting Families Act

This section revises the annual worldwide levels for family-sponsored immigrants under INA §201(c) (8 U.S.C. 1151(c)) to 480,000 plus any unused family-sponsored visas from the previous fiscal year and any unused family-sponsored visas from FY1992 through FY2025 not issued after FY2025 (previously, 480,000, with unused family-sponsored visas from the prior year carrying over to employment-based visas rather than family-sponsored). It further revises the annual worldwide levels for employment-based immigrants under INA §201(d) (8 U.S.C. 1151(d)) to 140,000 plus any unused employment-based visas from the previous fiscal year and any unused employment-based visas from FY1992 through FY2025 not issued after FY2025 (previously, 140,000 plus unused family-sponsored visas from the previous fiscal year). (Thus, both categories gain access to historical unused visas accumulated due to processing backlogs—potentially hundreds of thousands annually—while eliminating cross-category carryovers.) The section also expands the aliens exempt from these numerical limits under INA §201(b) (8 U.S.C. 1151(b)) to include (1) beneficiaries (including derivatives) of approved immigrant petitions with priority dates more than 10 years before their application for admission or adjustment of status and (2) aliens described in INA §203(d) (i.e., derivatives accompanying or following preference immigrants). The changes take effect 60 days after enactment.

This section redefines immediate relatives under INA §201(b)(2) to include, in addition to family of U.S. citizens, the children, spouses, and permanent partners of lawful permanent residents (LPRs)—along with each such individual's accompanying or following-to-join spouse, permanent partner, or child—exempting them from numerical limits on family-sponsored immigrants (previously, such LPR family members in the F2A preference category were subject to annual caps of approximately 114,200 visas). (Thus, LPR spouses, permanent partners, and minor children gain priority access without caps or backlogs.) The section also revises family preference visa allocations under INA §203(a) by (1) increasing visas for unmarried sons and daughters of citizens to 127,200 (from 23,400); (2) striking the category for spouses and minor children of LPRs and inserting a new category for unmarried sons and daughters without permanent partners of LPRs at 80,640 plus unused visas from the prior category; (3) increasing visas for married sons and daughters of citizens to 80,640 (from 23,400); and (4) increasing visas for siblings of citizens to 191,520 (from 65,000). The section makes technical and conforming amendments to INA §§201(f), 203(h), and 204 to reflect these changes, including rules for certain petitions and age-outs.

This section increases the per-country numerical limitation on family-sponsored and employment-based immigrant visas to 20 percent (from 7 percent) for natives of any single foreign state or to 5 percent (from 2 percent) for a dependent area of the total number of such visas available in a fiscal year. (These visas are available under INA §203(a) [family-sponsored preferences] and §203(b) [employment-based preferences]. Thus, this allows more visas to be issued to applicants from any one country or dependent area before the cap applies.)

This section revises INA §212(a)(9) (8 U.S.C. 1182(a)(9)) to repeal the three- and ten-year bars based on unlawful presence and the permanent bar for certain unlawful reentries after a removal order, replacing them with a five-year bar (to 20 years for a second or subsequent removal or aggravated felony conviction) for arriving aliens previously ordered removed under INA §235(b)(1) or §240 and a ten-year bar (to 20 years for a second or subsequent removal or aggravated felony conviction) for other aliens previously subject to a removal order. It further (1) amends INA §212(a)(6)(C)(ii) and §237(a)(3)(D) to exclude from inadmissibility or deportability any alien under age 21 who willfully misrepresented U.S. citizenship for a purpose or benefit under federal or state law; (2) expands the scope of the INA §212(i)(1) waiver for fraud or misrepresentation to additional family members of U.S. citizens or lawful permanent residents (LPRs), including permanent partners, sons, or daughters; (3) adds new INA §212(c) authorizing the Secretary of Homeland Security or Attorney General to waive any inadmissibility ground for humanitarian purposes, family unity, or public interest (available to individuals eligible for relief under INA §212(h)); and (4) adds new INA §237(e) authorizing waiver of any deportability ground on the same bases. (Thus, these changes broaden waiver authority over prior bars that restrict family-based immigration petitions, adjustments to LPR status, and cancellation of removal for certain non-LPRs.)

This section establishes relief for certain orphans, widows, widowers, spouses, permanent partners, and other surviving relatives (i.e., those covered under INA §204(l)) of U.S. citizens or lawful permanent residents (LPRs) whose qualifying relatives died, including for deaths before the date of enactment. Specifically, it (1) authorizes such aliens to file a classification petition under INA §204(a)(1)(A)(ii) not later than 2 years after enactment; (2) makes those previously excluded, deported, removed, or voluntarily departed solely due to loss of immediate relative status eligible for discretionary parole under INA §212(d)(5) and for adjustment of status notwithstanding unlawful presence bars under INA §212(a)(9); (3) directs adjudication of immigrant visa applications as if the qualifying relative's death had not occurred (with pre-death visas remaining valid), including for immediate relatives, family-sponsored immigrants under INA §203(a) or (d), employment-based derivatives under INA §203(b), and spouses, permanent partners, or children of refugees or asylees; and (4) permits renewal of previously denied or revoked visa applications via motion to reopen without fee during a transition period. It further (1) amends INA §319(a) to extend naturalization eligibility to permanent partners of U.S. citizens (including if deceased) and references permanent partnerships; (2) adds INA §212(v) to preserve waiver eligibility as if the death had not occurred, treating the death as the functional equivalent of hardship; (3) revises INA §204(l)(1) to eliminate the U.S. residency requirement at the time of death (and ongoing residency) and to explicitly include affidavits of support in related applications; (4) removes the 2-year time limit in INA §201(b)(2)(A)(i) for classifying certain surviving spouses and permanent partners as immediate relatives; and (5) adds surviving relatives under INA §204(l) as an exception in INA §212(a)(4)(C)(i) to affidavit of support requirements for family-sponsored immigrants.

This section adds to the categories of aliens exempt from worldwide numerical limitations on immigrant visas under INA §201(b)—namely, aliens eligible for family preference immigrant visas as unmarried adult sons or daughters of U.S. citizens under INA §203(a)(1) or married sons or daughters under INA §203(a)(3) who have a parent naturalized under §405 of the Immigration Act of 1990 (i.e., certain Filipino natives of the Philippines who served honorably in U.S. armed forces during World War II). (Thus, such aliens are not counted against family-sponsored immigrant visa limits.)

This section revises Immigration and Nationality Act (INA) provisions governing nonimmigrant K visas—issued to fiancés/fiancées of U.S. citizens under INA §101(a)(15)(K)(i), their minor children under clause (iii), and certain spouses and children under clauses (ii) and (iii)—to provide age-out protection for such children and authorize their adjustment of status. Specifically, the section (1) amends INA §101(a)(15)(K)(iii) to determine a minor child's age using the date the parent's petition is filed with DHS (thus preventing the child from aging out of eligibility between petition filing and visa issuance or adjustment); (2) restructures INA §214(d) to explicitly authorize DHS or the Attorney General to adjust the status of a K visa holder and any accompanying or following-to-join minor children to conditional lawful permanent residents under INA §216 after the K visa holder marries the petitioner within three months of admission, subject to INA §245(d), while waiving INA §212(a)(5) and (7)(A) inadmissibility grounds and preserving other waiver eligibility; and (3) amends INA §245(d) to apply the same petition-date age determination for such children's adjustment eligibility. The changes apply retroactively as if included in the Immigration Marriage Fraud Amendments of 1986 (P.L. 99-639), to all relevant pending petitions/applications and previously denied ones that would have been approved under the new rules (with motions to reopen/reconsider required within two years of enactment).

This section revises the definition of "child" in the Immigration and Nationality Act to include any stepchild, regardless of age at the time of the marriage creating the steprelationship (previously, limited to stepchildren under 18 years old at the time of marriage). (Thus, stepparents may now sponsor adult stepchildren for family-based immigrant visas or other immigration benefits previously unavailable to them.)

This section revises priority date retention rules for certain aged-out children under the Child Status Protection Act and establishes permanent priority dates for family- and employment-based immigrant visa petitions. (Priority dates determine an applicant's place in the numerically limited visa queue.) Specifically, it (1) amends INA §203(h)(3) to allow an alien determined to be 21 years of age or older under the CSPA for purposes of family second-preference spouses and children of lawful permanent residents (INA §203(a)(2)(A)) or diversity immigrant visas (INA §203(d)) to retain, upon a parent's filing of a family-based petition, the original priority date from any prior family- or employment-based petition for which either parent was a beneficiary; and (2) adds new INA §203(i) establishing the priority date as the petition filing date with DHS (or State Department, if applicable) or, if preceded by a labor certification filing with DOL, that earlier date, with beneficiaries retaining their earliest priority date from any previously filed, approvable petition regardless of category. (Thus, this enables priority date portability across family-sponsored and employment-based categories.)

This section (1) authorizes employment, with an employment authorized endorsement or work permit, for spouses and children over age 16 accompanying or following principal nonimmigrants admitted in E (treaty trader/investor), H (temporary worker), L (intracompany transferee), or O (extraordinary ability) status; (2) permits extensions of H-1B nonimmigrant status beyond the six-year limit for beneficiaries of employment-based immigrant petitions under INA §203(b)(1)-(3) (EB-1 through EB-3) who are delayed solely by per-country numerical limits, and allows their accompanying or following children (i.e., H-4 dependents) to receive such extensions regardless of age if the parent maintains status and the child was under 18 when first granted derivative status (thus, protecting children from aging out of eligibility); and (3) specifies that, for such children, eligibility for derivative employment-based immigrant visas or adjustment of status is determined using the child's age on the date the parent's immigrant petition (or labor certification, if filed first) was filed.

This section extends the cutoff date for qualifying immigrant petitions and labor certification applications under INA §245(i)—which enables otherwise ineligible aliens (e.g., those with unauthorized employment or unlawful status) to adjust to lawful permanent resident status upon payment of a $1,000 penalty—to the date that is not later than five years after enactment of the Reuniting Families Act (from April 30, 2001). It further (1) strikes paragraph (1)(C); (2) makes minor punctuation changes in paragraph (1); and (3) directs deposit of any remaining §245(i) fees into the Immigration Examinations Fee Account established under INA §286(m).

This section revises cancellation of removal and adjustment of status eligibility for certain nonpermanent residents (i.e., non-lawful permanent residents facing deportation) by (1) reducing the required continuous physical presence in the United States to 7 years immediately preceding the application (from 10 years); (2) lowering the hardship standard to extreme hardship to the alien or the alien’s spouse or permanent partner, parent, or child who is a U.S. citizen or lawful permanent resident (from exceptional and extremely unusual hardship to the alien’s spouse, parent, or child who is such); (3) establishing an affirmative application process, administered by the Secretary of Homeland Security, for such relief for aliens who are the spouse, permanent partner, parent, son or daughter, or legal guardian of a U.S. citizen, with no numerical limitations; and (4) striking prior limits on the program, including its one-time use restriction and annual cap of 4,000 grants. The section further directs the Secretary to promulgate regulations for processing such affirmative applications.

This section amends the heading of Section 235 of the Immigration and Nationality Act to add "; prohibition on removal" after "hearing," updates the table of contents accordingly, and adds a new subsection (e) prohibiting removal of certain aliens while specified petitions or applications are pending or a decision thereon is on appeal. The prohibition applies to (1) beneficiaries (including spouses and children under INA §203(d)) of immigrant visa petitions under INA §204 who are prima facie eligible for approval; and (2) applicants for T nonimmigrant status (victims of severe human trafficking), U nonimmigrant status (victims of qualifying crimes who assist law enforcement), V nonimmigrant status (spouses and children of lawful permanent residents), special immigrant status as a religious worker under INA §101(a)(27)(J), or cancellation of removal under INA §240A.

This section amends INA §101(a)(15)(K)(ii) to insert “or permanent partnership” after “marriage”—thus expanding nonimmigrant K visas (i.e., for fiancés of U.S. citizens, spouses of U.S. citizens with approved petitions, and their children)—and adds paragraphs (52)-(54) defining (52) “permanent partner” as an individual 18 years of age or older in a committed, intimate relationship intending lifelong commitment who is financially interdependent (waivable case-by-case by DHS or State), not married or in a permanent partnership with anyone else, unable to contract a cognizable marriage under the INA, and not a first-, second-, or third-degree blood relation of the other individual; (53) “permanent partnership” as the relationship between two permanent partners; and (54) “alien permanent partner” as the sponsored individual in such a partnership.

This section expands the definition of "child" under the Immigration and Nationality Act (INA). Specifically, it (1) adds to INA §101(b)(1), applicable to immigration provisions (Titles I and II), a new subparagraph (H) to include (i) a biological child of an alien permanent partner if the child was under 18 at the time the permanent partnership was formed, or (ii) a child adopted by such partner while under 16 who resided in the adoptive parent's legal custody for at least two years and was under 18 at formation of the partnership; and (2) amends INA §101(c), applicable to nationality provisions (Title III), to incorporate children described in new (b)(1)(H) and to reference a deceased permanent partner. (Thus, such children may qualify for family-based immigrant visas or nationality derivative benefits previously unavailable to children of permanent partners.)

This section revises special rules under INA §202(a)(4) exempting 75% of the 2-A floor—defined as 77% of family second-preference immigrant visas (i.e., for spouses, minor children, and certain unmarried adult children of lawful permanent residents)—from the 7% per-country numerical limit (or 2% for dependent areas) to also include permanent partners of lawful permanent residents. (As background, these exemptions reduce visa backlogs for applicants from oversubscribed countries such as Mexico, India, China, and the Philippines.) It also amends chargeability rules under INA §202(b)(2) to treat permanent partners equivalently to spouses (i.e., entitled to the same status and charged to the principal alien if accompanying or following to join).

This section revises family-sponsored and employment-based immigrant visa allocations under INA §203 (8 U.S.C. 1153) to include "permanent partners" as follows: (1) expands the third preference category (F3) for married sons and daughters of U.S. citizens—previously limited to married adult children—to also cover daughters or sons with permanent partners; (2) includes permanent partners (after spouses) as derivative beneficiaries of employment creation (EB-5) immigrant visas; and (3) includes permanent partners (after spouses) as accompanying or following family members entitled to the same immigrant status as the principal, with an updated cross-reference to EB-5 subparagraph (H). (Thus, permanent partners—likely referring to unmarried or same-sex partners—are eligible for visas in these categories subject to annual numerical limits.)

This section expands family-based immigrant petition procedures to include "permanent partners" and "permanent partnerships" alongside spouses and marriages throughout INA §204 (8 U.S.C. 1154(a)(1)), including self-petitions by abused partners of U.S. citizens who demonstrate good-faith relationships and battering or extreme cruelty. (As background, these self-petition provisions—enacted under the Violence Against Women Act—allow qualifying spouses and children of U.S. citizens or lawful permanent residents to seek immediate relative or family preference classification independently of the abuser.) It makes parallel insertions in fraud prevention rules (§204(c)), restrictions on petitions for relationships formed during exclusion or deportation proceedings (§204(g)), and survival of petition rights upon the petitioner's death or relationship termination (§204(h)).

This section expands eligibility for adjustment to lawful permanent resident status under INA §207(c) to include permanent partners of refugees (in addition to spouses), by inserting references to "permanent partner" and "permanent partner's" in paragraph (2) and "permanent partner" in paragraph (4), and by adding subparagraph (H) to the list of referenced criteria in paragraph (2)(A). (Thus, permanent partners—as well as spouses and children—may adjust status notwithstanding numerical limits and most grounds of inadmissibility, subject to specified exceptions.)

This section revises the asylum eligibility provision for spouses and children of principal asylees (i.e., INA §208(b)(3)) to also include permanent partners. It further modifies subparagraph (A) to expand the list of disqualifying acts (previously through subparagraph (E)) to also encompass acts described in subparagraph (H).

This section amends multiple grounds of inadmissibility and associated waiver provisions in §212 of the Immigration and Nationality Act (8 U.S.C. 1182) to include "permanent partner" as a qualifying relative alongside "spouse." Specifically, the amendments—(1) insert the term in subparagraphs (3)(D)(iv), (4)(C)(i)(I), (6)(E)(ii), and (9)(B)(v) of subsection (a); (2) insert the term in waiver provisions under paragraphs (11) and (12) of subsection (d); (3) insert the term in health-related waivers under subsection (g)(1)(A); (4) insert the term in criminal-related waivers under subsection (h)(1)(B); and (5) insert the term in misrepresentation waivers under subsection (i)(1). (Thus, these changes expand exceptions to inadmissibility—such as for aliens who aided only immediate family in unlawful entry—and eligibility for discretionary waivers based on hardship to qualifying relatives.)

This section expands nonimmigrant status under INA §214(e)(2) and (r)—available to spouses of certain nonimmigrants in E, H, L, O, or P categories who have approved immigrant visa petitions but are awaiting numerical limit availability—to permanent partners, by inserting "or permanent partner" after "spouse" and "or permanent partnership" after "marriage." (Thus, permanent partners may maintain lawful nonimmigrant status in the United States while waiting for employment-based immigrant visas.)

This section amends INA §101(a)(15)—which defines nonimmigrant visa categories authorizing temporary U.S. admission for purposes including diplomacy (A, G), employment and training (E, H, I, L, O, P), study (F, M), cultural exchange (Q), religious work (R), and special circumstances (S, T, U, V)—to extend derivative status to permanent partners of principal visa holders in subparagraphs (A), (E), (F), (G), (H), (I), (J), (L), (M), (O), (P), (Q), (R), (S), (T), (U), and (V).

This section expands conditional permanent resident status under the Immigration and Nationality Act to include alien permanent partners (as defined in subsection (h)(1)), in addition to alien spouses, and their sons and daughters (as defined in subsection (h)(2)). (As background, these provisions grant two-year conditional lawful permanent resident status to qualifying spouses or permanent partners of U.S. citizens or lawful permanent residents and their minor children based on a bona fide relationship, requiring a joint petition with interview before the second anniversary to remove conditions by demonstrating the relationship's continued validity; status terminates early if the relationship was entered for immigration purposes, ends other than by death, or ceases to qualify.) It makes conforming amendments to notice requirements, termination criteria (e.g., adding permanent partnership annulment or criteria failure), petition contents, and definitions throughout the section (8 U.S.C. 1186a).

This section revises the conditional permanent resident status provisions for alien entrepreneurs under the EB-5 immigrant investor program (i.e., INA §203(b)(5)) to include their permanent partners, alongside spouses and children, by (1) amending the section heading and table of contents of INA §216A (8 U.S.C. 1186b) to insert "or permanent partners" after "spouses"; and (2) inserting "or permanent partner" after "spouse" each place it appears in subsections (a), (b)(1), (c), and (f). (As background, qualifying entrepreneurs who invest at least $800,000 (in targeted areas) or $1,050,000 (elsewhere) and create at least 10 full-time U.S. jobs receive two-year conditional permanent residence for themselves, spouses, and children, which may be removed upon petition if requirements are met; permanent partners are now subject to the same conditions, notices, termination rules for improper investments, and petition requirements.)

This section amends grounds of deportability under INA §237(a)— (1) in paragraph (1)(D)(i), by inserting “or permanent partners” after “spouses” each place it appears (i.e., in descriptions of conditional permanent resident status for spouses/permanent partners and sons/daughters, and for entrepreneur spouses/permanent partners and children); (2) in paragraphs (1)(E)(ii) (smuggling family reunification exception), (1)(E)(iii) (smuggling waiver), and (1)(H)(i)(I) (fraud/misrepresentation waiver), by inserting “or permanent partner” after “spouse”; and (3) in paragraphs (2)(E)(i) (aggravated felony smuggling exception for immediate family) and (3)(C)(ii) (foreign policy/security waiver), by inserting “or permanent partner” after “spouse” each place it appears. (Thus, permanent partners receive the same treatment as spouses in these family-based exceptions and waivers from deportability.)

This section includes permanent partners, in addition to spouses, in (1) the heading of subsection (c)(7)(C)(iv), which excepts certain battered spouses and children from the annual numerical limitation of 4,000 grants of cancellation of removal for lawful permanent residents; and (2) subsection (e)(1), which authorizes stipulated removal—allowing an alien who concedes removability to designate a country of removal without a full hearing—if stipulated by the alien's U.S. citizen or lawful permanent resident spouse.

This section amends the special rule for cancellation of removal and adjustment of status for certain nonpermanent residents (i.e., those with at least 10 years of continuous U.S. physical presence, good moral character, no specified criminal convictions, and—absent the special rule—exceptional and extremely unusual hardship to a U.S. citizen or lawful permanent resident spouse, parent, or child) by (1) revising the heading of paragraph (b)(2) to "Special rule for battered spouse, permanent partner, or child" (from "Special rule for battered spouse or child"); and (2) inserting ", permanent partner," after "spouse" each place it appears in paragraph (b)(2)(A). (Thus, the rule now covers aliens battered or subjected to extreme cruelty by a permanent partner who is or was a U.S. citizen or lawful permanent resident.)

This section amends the adjustment of status provisions of the Immigration and Nationality Act (INA §245, 8 U.S.C. 1255) to extend certain requirements, prohibitions, exceptions, and eligibility to "permanent partnership" (as defined in INA §101(a)(52)) and "permanent partner," as follows: (1) in subsection (d), applies the prohibition on adjustment for certain nonimmigrants admitted on fiance(e) or fiance(e)'s child visas who do not marry the petitioner within 90 days to those entering permanent partnerships; (2) in subsection (e), extends the immigration fraud bar (i.e., 90-day rule presuming fraud for marriages or engagements entered shortly before admission) to permanent partnerships and adds an exception if the alien proves by clear and convincing evidence that the partnership was entered in good faith, not for immigration purposes, with no improper consideration paid (other than attorney fees), and limits administrative appellate review to one level; (3) in subsection (i)(1), extends eligibility for adjustment upon payment of a penalty fee (for certain grandfathered aliens with petitions filed by April 30, 2001) to permanent partners; (4) in subsection (j), extends adjustment eligibility to permanent partners and sons and daughters (with or without permanent partners) of informants granted S nonimmigrant status; and (5) in subsection (l)(1), extends adjustment eligibility to permanent partners of T nonimmigrant trafficking victims.

This section expands the prohibition on entering into a marriage for the purpose of evading immigration laws to also include permanent partnerships (from marriages only), subjecting violators to imprisonment for not more than 5 years, a fine of not more than $250,000, or both.

This section extends specified naturalization exceptions under Section 319 of the Immigration and Nationality Act—which allow spouses of U.S. citizens employed abroad in qualifying roles (subsection (b)), surviving spouses (subsection (d)), and their children (subsection (e)) to naturalize without meeting standard residence requirements—to permanent partners of U.S. citizens and permanent partnerships. It does so by inserting "or permanent partner" after "spouse" in subsections (b)(1), (b)(3), (d) (each place it appears), (e)(1), and (e)(2) and "or permanent partnership" after "marital union" in subsections (d) and (e)(1).

This section expands family unity protections under sec. 1504 of the LIFE Act—deferral of removal from the U.S. and employment authorization pending adjustment of status—to permanent partners, in addition to spouses, of certain LIFE Act beneficiaries (i.e., undocumented immigrants eligible for adjustment of status due to marriage-based or employment-based petitions filed on or before April 30, 2001).

This section amends the Cuban Adjustment Act (P.L. 89-732) to extend adjustment of status eligibility to permanent partners (in addition to spouses) by inserting ", permanent partner," after "spouse" (the first two appearances) in the next-to-last sentence and after "spouses" in the last sentence. It makes conforming amendments to (1) INA §101(a)(51)(D) (8 U.S.C. 1101(a)(51)(D)) and (2) sec. 1506(c)(2)(A)(i)(IV) of the Violence Against Women Act of 2000 (8 U.S.C. 1229a note) by striking "or spouse" and inserting ", spouse, or permanent partner".

This section adds a new subsection (i) to the provision defining U.S. nationals and citizens at birth (8 U.S.C. 1401) to specify that references to "a person born of parents" include (1) any legally recognized parent-child relationship formed within the first year of a person's life regardless of 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 genetic or gestational relationship; and (3) the spouse of a parent at the time of birth if at least one parent is legally recognized and the marriage occurred before the child's birth and is recognized in the United States regardless of parents' residence. (Thus, the amendment expands transmission of citizenship at birth to children of non-biological parents—such as through adoption, surrogacy, or assisted reproductive technology—who meet these legal criteria.)

This section provides that diversity immigrant visas (i.e., under INA §203(c), which annually allocates up to 55,000 visas to natives of countries with historically low rates of immigration to the United States) selected in FY2017 through FY2022 remain available notwithstanding their expiration under INA §204(a)(1)(I)(ii)(II). The exception applies to such selectees (and their spouses and children) who were refused a visa, prevented from seeking admission, or denied admission solely because of Executive Order 13769, Executive Order 13780, Presidential Proclamation 9645, or Presidential Proclamation 9983; or who, due to COVID-19-related restrictions on visa processing, issuance, or travel, (1) were unable to receive a visa interview despite submitting Form DS-260 or (2) were unable to seek admission or were denied admission despite visa approval under INA §203(c).

This section directs the Secretary of State to prioritize refugees seeking reunification with relatives living in the United States, regardless of the refugees' nationality. It further requires (1) regulations, in consultation with the Secretary of Homeland Security, to prevent exclusion from refugee status interviews based on a close family relationship to a U.S. citizen or lawful permanent resident, potential immigrant visa eligibility, or a pending U.S. admission application—and to allow simultaneous pursuit of refugee status and any eligible immigrant visa; (2) for refugee applications under INA §207 (8 U.S.C. 1157) on hold for more than three months where family members have separate pending applications, notification to eligible individuals of the option for separate travel and permission to travel upon satisfying all refugee requirements; and (3) a plan, with training for embassy personnel, to enable each U.S. embassy and consulate to refer individuals in need of resettlement to the U.S. Refugee Admissions Program.

This section establishes universal Priority 3 processing (i.e., a refugee admissions category for family reunification) for individuals of all nationalities, including stateless persons, to reunite immediate families of those previously admitted as refugees, asylees, or Afghan and Iraqi special immigrants under specified laws (8 U.S.C. 1101 note; 8 U.S.C. 1157 note). Eligible U.S.-based filers are lawful permanent residents or U.S. citizens who were so admitted, at least 18 years old when filing an Affidavit of Relationship (AOR) within five years of their admission, subject to rejection for public policy reasons (e.g., underage or plural marriages). Qualifying family members include (1) spouses or permanent partners, (2) unmarried children under 21 years of age, and (3) parents; permanent partners of any gender qualify with evidence of a one-year relationship, ongoing commitment, and legal barriers to marriage. Derivative refugee status extends to the spouse or permanent partner and unmarried children under 21 of a qualifying family member. On a case-by-case basis, additional household or economic unit members from the country of nationality (or last habitual residence, if stateless) qualify with demonstrated exceptional and compelling humanitarian circumstances.

This section revises refugee derivative admissions under INA §207(c)(2) to (1) expand eligibility to include the spouse or permanent partner, child (as defined in INA §101(b)(1)), or parent or de facto guardian (as determined by DHS) of a principal refugee, if accompanying or following to join the refugee and admissible as an immigrant; (2) exempt such admissions from the annual refugee numerical limitations; (3) preserve parental classification if a refugee child turns 21 years old while the follow-to-join application is pending; (4) allow parents or de facto guardians of unaccompanied refugee minors (as described in specified INA §101(b)(1) subparagraphs) to follow to join with the minor's consent; and (5) require completion of screenings, background checks, and adjudication of follow-to-join applications not later than one year after filing, with exceptions only for national security concerns after DHS determines eligibility and notifies the applicant. (As background, INA §207 authorizes annual refugee admissions for individuals fleeing persecution, with derivative benefits previously limited to spouses and children.)