How do individuals establish that they are permanent partners?
The Uniting American Families Act (UAFA) retains the Immigration and Naturalization Act's (INA) strict proof requirements for individuals seeking to establish their permanent partnership, as laid out in federal regulations adopted under the authority of the INA (8 CFR 204.2). Individuals would be required to offer “clear and convincing” proof of a permanent partnership.
This can include:
- Evidence of a civil union or marriage from a state with such recognition
- Sworn affidavits from friends and family
- Documentation of financial interdependence
- Personal interviews
Officials from the U.S. Citizenship and Immigration Services (formerly the Immigration and Naturalization Service) would have the same ability as under the INA to investigate the details of permanent partners’ lives. Applicants for permanent partnership benefits would face the same rigorous "green card" interview as married couples. If the interviewer suspects fraud, the couple would be required to complete a second more rigorous interview in which the couple is questioned separately and the interviewer determines whether the answers are sufficiently consistent.