Bill to Grant Immigration Benefits to "Permanent Partners"
Posted May 13, 2000

A bill introduced on February 14, 2000 by Representative Nadler, with 11 co-sponsors, would amend the immigration law to enable permanent partners to qualify for the most of the same types of immigration benefits that the law currently provides to spouses. The bill defines "permanent partner" as:

"an individual over 18 years of age who :

(a) "is in a committed, intimate relationship with another individual over 18 years of age in which both parties intend a lifelong commitment;

(b) "is financially interdependent with that other individual;

(c) "is not married to or in a permanent partnership with anyone other than that other individual;

(d) "is unable to contract with that other individual a marriage cognizable under this Act; and

(e) "is not a first, second, or third degree blood relation of that other individual."

The authors of the Bill have evidently examined the immigration law in detail and have added in "permanent partners" in a variety of places where spouses are mentioned. Permanent partners are added not only in the most obvious places, such as allowing U.S. citizens or lawful permanent residents to file green card petitions for permanent partners, but also in many other contexts. For example, the Bill would enable TN and H-1B non-immigrants to obtain dependent visas for their permanent partners, as with spouses under current law; and even adds hardship to permanent partner as a qualifying factor for certain forms of relief from deportation, on the same basis as current law allows a showing of hardship to one's spouse. Current rules and enforcement mechanisms to combat marriage fraud would also be extended to cover permanent partnership fraud.

While this Bill has been introduced, it is a long way from becoming law. Immigration law is federal law, so even if states change their rules on providing legal recognition to permanent partnerships (such as in Vermont recently), or to allow same-sex marriages (as almost happened in Hawaii a few years ago), an act of the U.S. Congress is necessary to change our immigration laws.

The Law Office of Sheela Murthy, P.C.