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Title II — Protections for victims

H.R. 629 · 113th Congress · Feb 13, 2013 · Lineage

II Protections for victims

Sec. 201 Employment authorization for immigrant victims

(a)
Findings— Congress finds as follows:
(1)
Congress created immigration protections for immigrant victims of domestic violence, sexual assault, stalking, dating violence, human trafficking, and other crime victims for two important purposes—to facilitate prosecution of perpetrators and to enhance victim safety.
(2)
The safety of immigrant victims applying for protection under the Violence Against Women Act or the Trafficking Victims Protection Act is undermined when government agencies delay in providing legal work authorization. Immigrant victims’ ability to seek help and to cooperate in the detection, investigation or prosecution crimes committed against them is enhanced when victims can work lawfully and sever their economic dependence on the perpetrator.
(3)
When victims know that they will receive legal work authorization within 180 days of filing their for victim related immigration relief, victims and their advocates can develop safety plans that will focus on steps the victim can take to keep herself and her children safe during the work authorization waiting period. This can include stays in an emergency shelter and transitional housing, obtaining legal custody of her children and learning skills that will enhance her employability.
(4)
The economic stability that comes from the ability to work lawfully in the United States reduces victims’ vulnerability to abuse, exploitation and coercion from crime perpetrators.
(5)
Congress in VAWA 2000 and VAWA 2005 took steps to encourage DHS to grant immigrant crime victims swift access to legal work authorization. However, as of 2011 73.9% of VAWA self-petitioners and 93.9% of U-visa applicants endure delays of longer than 6 months before receiving legal work authorization. Of these many wait well over a year after filing before receiving work authorization—36.7% of VAWA self-petitioners and 32% of U-visa applicants. These delays harm criminal prosecutions and endanger victims and their children.
(b)
Employment authorization for immigrant victims— Section 204(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1154(a)) is amended by adding at the end the following:

“(M) Notwithstanding any provision of this Act restricting eligibility for employment in the United States, the Secretary of Homeland Security may grant employment authorization to an alien who has filed a petition for status as a VAWA self-petitioner or a nonimmigrant described in section 101(a)(15)(U) on the date that is the earlier of—

“(i) the date the alien’s petition for such status is approved; or

“(ii) 180 days after the date the alien filed a petition for such status.”

Sec. 202 Protections for trafficking victims

(a)
Death of a family member—
(1)
Citizen parents— Section 204(a)(1)(A)(iv) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)(iv)) is amended—
(A)
by striking “or who” the first place it appears and inserting “, who”;
(B)
by inserting “who was a child of a United States citizen parent (i)(I) who died within the past 2 years; or (II) who died when the child was under 18 years of age and the child filed a petition under this subsection not later than 2 years after the child reached the age of 18 years, or (ii) whose marriage to the child’s alien parent was terminated, including by divorce, annulment, or by death of the alien parent or the United States citizen parent” before “, and who is a person of good moral character,”; and
(C)
by striking “(and any child of the alien)” and inserting “(and any spouse or child of the alien)”.
(2)
Lawful permanent residents— Section 204(a)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(B)) is amended—
(A)
in clause (iii)—
(i)
by striking “or who” and inserting “who”;
(ii)
by inserting “or who was a child of a lawful permanent resident parent (I)(aa) who within the past 2 years; or (II) who died when one child was under 18 years of age and the child filed a petition under this subsection no later than 2 years after the child reached the age of 18” before “, and who is a person of good moral character,”; and
(iii)
by striking “(and any child of the alien)” and inserting “(and any spouse or child of the alien)”; and
(B)
in clause (ii)(II)(aa)(CC)—
(i)
in subsubitem (aaa), by striking “or”;
(ii)
in subsubitem (bbb), by striking the semicolon at the end and inserting “; or”; and
(iii)
by adding at the end the following:

“(ccc) whose spouse died within the past 2 years.”

(3)
Self petitioning by minors— Section 204(a)(1)(D)(v) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(D)(v)) is amended by inserting after “who is not less than 21 years of age,” the following: “(and the individual’s spouse and children)”.
(4)
Surviving relatives— Section 204(l) of the Immigration and Nationality Act (8 U.S.C. 1165(l)) is amended—
(A)
in paragraph (1), by striking “who resided in the United States at the time of the death of the qualifying relative and who continues to reside in the United States”; and
(B)
in paragraph (2)(E), to read as follows:

“(E)

“(i) an alien described in section 101(a)(15)(T)(ii) whose qualifying relative has been admitted in nonimmigrant status described in section 101(a)(15)(T)(i);

“(ii) an alien described in section 101(a)(15)(U)(ii) whose qualifying relative has been admitted in nonimmigrant status described in section 101(a)(15)(U)(i); or

“(iii) an alien who is a VAWA self-petitioner.”

(5)
Effective dates—
(A)
In general— Except as provided in subparagraph (B), the amendments made by paragraphs (1) and (2) shall take effect on the date of enactment of this Act and shall apply to petitions filed on or after that date.
(B)
Transition in case of citizen parents who died before enactment— In applying the amendments made by paragraphs (1) and (2)(A) in the case of an alien whose citizen or lawful permanent resident parent died during the period beginning on the date that is 2 years prior to the date of enactment of Violence Against Women Reauthorization Act of 2005, and ending on the date of enactment of this Act—
(i)
section 204(a)(1)(A)(iv) and section 204(a)(1)(B)(iii) of the Immigration and Nationality Act shall each be applied as though the phrase “within the past two years” were “the period described in section 202(d)(5)(B) of the Violence Against Immigrant Women Act of 2012”;
(ii)
a petition under either such section shall be filed not later than the later of—
(I)
2 years after the date of enactment of this Act; or
(II)
the 2 years after the date the alien attains 18 years of age; and
(iii)
the determination of eligibility of an alien child for benefits under either such section (including under section 204(a)(1)(D) of such Act, by reason of a petition authorized under such section) shall be determined as of the date of the death of the citizen or lawful permanent resident parent.
(b)
Unaccompanied Alien child redefined— Section 462(g) of the Homeland Security Act of 2002 (6 U.S.C. 279(g)) is amended—
(1)
in paragraph (2)(C)—
(A)
in clause (i), by striking “or” at the end;
(B)
in clause (ii), by striking the period at the end and inserting “; or”; and
(C)
by adding at the end the following:

“(iii) was apprehended without a parent or legal guardian and is not reunified with a parent or legal guardian within 72 hours thereafter.”

(2)
by adding at the end the following:

“(h) Reunification with a parent or legal guardian or next friend does not affect the child’s unaccompanied status for the duration of the child’s immigration proceedings.”

(c)
Providing safe and secure placements for children— Section 235(c)(2) of the Trafficking Victims Protection Reauthorization Act of 2008 is amended by adding at the end the following: “The Secretary of Homeland Security shall permit the continuation of care plans developed by the Office of Refugee Resettlement’s division of Unaccompanied Children’s Services to ensure their continued protected status after they turn 18, in an arrangement that is the least restrictive possible. The provisions of this paragraph apply to an unaccompanied alien child until such child attains 21 years of age, including those provisions providing for continued authorization of placement of that child.”.
(d)
Providing safe and secure placements for children— Section 235(c)(1) of the Trafficking Victims Protection Reauthorization Act of 2008 is amended to read as follows:

“(1) Policies and programs

“(A) In general—The Secretary of Health and Human Services, Secretary of Homeland Security, Attorney General, and Secretary of State shall establish policies and programs to ensure that unaccompanied alien children in the United States are protected from traffickers and other persons seeking to victimize or otherwise engage such children in criminal, harmful, or exploitative activity, including policies and programs reflecting best practices in witness security programs.

“(B) Confidentiality of information—In order to protect unaccompanied alien children in the United States, information acquired by any person, including officers or employees of the Department of Health and Human Services, case managers, or others in connection with providing services or treatment to children in the custody of the Secretary of Health and Human Services, including any contracted social service entity, shall have be afforded confidentiality protections under VAWA confidentiality (8 U.S.C. 1367) and the Health Insurance Portability and Accountability Act.”

(e)
Eligibility for special immigrant juvenile status—
(1)
Age and court jurisdiction— Section 235(d)(6) of the Trafficking Victims Protection Reauthorization Act of 2008 is amended to read as follows:

“(6) Transition rule—Notwithstanding any other provision of law, an alien described in section 101(a)(27)(J) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(J)) may not be denied special immigrant status under such section or have such status revoked after the date of the enactment of this Act based on age or whether the alien continues to be under State or juvenile court jurisdiction if the alien was a child and under State or juvenile court jurisdiction on the date on which the alien applied for such status.”

(2)
Single parents— Section 101(a)(27)(J)(i) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(J)(i)) is amended—
(A)
by striking “1 or both” and inserting “at least one”;
(B)
by inserting after “State law” the following: “regardless of whether the immigrant lives with the non-offending parent;”; and
(C)
by inserting after “custody of” the following: “a non-offending parent of the immigrant”.
(f)
Counting of trafficking victims and benefits for U-Visa holders and families— Section 107(b)(1)(B) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105(b)(1)) is amended by adding “and victims of human trafficking who qualify for other forms of immigration relief” after “101(a)(15)(T)(ii)”.
(g)
Passport retention— Section 1592 of title 18, United States Code, is amended—
(1)
in subsection (a)(2) by deleting “or” at the end;
(2)
in subsection (a)(3) by adding “or” at the end; and
(3)
by inserting after paragraph (3) of subsection (a) the following:

“(4) for more than 32 hours shall be subject to a rebuttable presumption that they are withholding the passport of another person against that persons will in violation of this section, but it is not a violation of this section to obtain a person’s passport for up 32 hours for the purpose of complying with Federal or State government requirements;”

Sec. 203 Protections for victims of criminal activity

(a)
In general— Section 101(a)(15)(U)(iii) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(U)(iii)) is amended—
(1)
by inserting “stalking; dating violence; abuse; endangerment; or exploitation of a person who is a child, elderly, or disabled;” after “perjury;”; and
(2)
by adding at the end the following:

“(iv) the terms domestic violence, sexual assault, dating violence, and stalking have the meaning given such terms in the Violence Against Women Act of 1994 (42 U.S.C. 13925(a));”

(b)
Protection for Incapacitated Sons and Daughters of Victims—
(1)
Section 101(a)(15)(T)(ii) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(t)) is amended—
(A)
in subclause (I) by inserting “, incapacitated siblings,” after “under such clause”; and
(B)
in subclause (III) by inserting “, incapacitated sibling,” after “parent”.
(2)
Section 101(a)(15)(U)(ii) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(U)(ii)) is amended—
(A)
in subclause (I)—
(i)
by inserting “or incapacitated” after “under 21 years of age”;
(ii)
by inserting “son or daughter,” after “children,”; and
(iii)
by inserting “any children of the siblings, ” after “under such clause”; and
(B)
in subclause (II)—
(i)
by inserting “under 21 years of age on the date on which such alien applied for status under such clause” after “children”; and
(ii)
by inserting “, and any children of the children” after “such alien”.
(3)
Section 204(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)) is amended—
(A)
in subparagraph (A)(ii), by inserting “or incapacitated sons or daughters” after “alien’s children”;
(B)
in subparagraph (A)(iii), in the matter preceding item (aa), by inserting “or incapacitated son or daughter” after “child”;
(C)
in subparagraph (A)(iii)(I)(bb), by striking “or a child” inserting “, an incapacitated son or daughter of the alien, or a child”;
(D)
in subparagraph (A)(iv), by inserting “, or incapacitated son or daughter,” after “child” the first and second places it appears;
(E)
in subparagraph (A)(vi), by striking “or child” and inserting “, incapacitated son or daughter, or child”;
(F)
in subparagraph (B)(ii)(I)(bb), by inserting “, an incapacitated son or daughter of the alien, or” before “a child of the alien”; and
(G)
in subparagraph (B)(iii), by inserting “incapacitated son or daughter” after “child” the first, second, and third places it appears.
(c)
Protecting Parents of U.S. Citizen Child Crime Victims— Section 101(a)(15)(U) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(U)) shall be amended—
(1)
in clause (i)—
(A)
in subclause (I), by inserting after “the alien” the following: “or a child of the alien”;
(B)
in subclause (II), by striking “an alien” before the word “child” and inserting “a”; and
(C)
in subclause (III), by striking “an alien” before the word “child” and inserting “a”; and
(2)
in clause (ii), by inserting after subclause (II) the following:

“(III) in the case of an alien described in clause (i) who is 21 years of age or older and incapacitated, the parents and siblings of such alien.”

(d)
Requirements applicable to U Visas—
(1)
Recapture of unused U visas— Section 214(p)(2) of the Immigration and Nationality Act (8 U.S.C. 1184(p)(2)) is amended—
(A)
in subparagraph (A), by striking “The number” and inserting “Except as provided in subparagraph (C), the number”; and
(B)
by adding at the end the following:

“(C) Beginning in fiscal year 2012, if the numerical limitation set forth in subparagraph (A) is reached before the end of the fiscal year, up to 5,000 additional visas, of the aggregate number of visas that were available and not issued to nonimmigrants described in section 101(a)(15)(U) in fiscal years 2006 through 2011, may be issued until the end of the fiscal year.”

(2)
Sunset date— The amendments made by paragraph (1) are repealed on the date on which the aggregate number of visas that were available and not issued in fiscal years 2006 through 2011 have been issued pursuant to section 214(p)(2)(C) of the Immigration and Nationality Act.
(3)
Age determinations— Section 214(p) of the Immigration and Nationality Act (8 U.S.C. 1184(p)) is amended by adding at the end the following:

“(7) Age determinations

“(A) Children—An unmarried alien who seeks to accompany, or follow to join, a parent granted status under section 101(a)(15)(U)(i), and who was under 21 years of age on the date on which such parent petitioned for such status, shall continue to be classified as a child for purposes of section 101(a)(15)(U)(ii), if the alien attains 21 years of age after such parent’s petition was filed but while it was pending.

“(B) Principal aliens—An alien described in clause (i) of section 101(a)(15)(U) shall continue to be treated as an alien described in clause (ii)(I) of such section if the alien attains 21 years of age after the alien’s application for status under such clause (i) is filed but while it is pending.”

(4)
Petitioning procedures for U visas— Section 214(p)(1) of the Immigration and Nationality Act (8 U.S.C. 1154(p)) is amended by inserting “Certifications may be signed by the head of the agency or any agency staff member designated by such agency head to sign certifications.” before “The certification may also”.
(e)
VOCA as U-Visa Certifiers— Section 203(j) through section 214(p) of the Immigration and Nationality Act (8 U.S.C. 1153(j) through 8 U.S.C. 1184(p)) is amended by inserting “administrator of crime victim assistance under the Comprehensive Crime Control Act of 1984 (42 U.S.C. 10602),” after “prosecutor, judge,” each place it appears.

Sec. 204 Battered spouse and family member protections and nonimmigrants

(a)
Exception from foreign residence requirement for educational visitors—
(1)
In general— Section 212(e) of the Immigration and Nationality Act (8 U.S.C. 1182(e)) is amended, in the matter before the first proviso, by inserting “unless the alien is a VAWA self-petitioner or an applicant for nonimmigrant status under 101(a)(15)(T) or (U)” after “for an aggregate of at least two years following departure from the United States”.
(2)
Effective date— The amendment made by this paragraph shall apply to aliens regardless of whether the foreign residence requirement under section 212(e) of the Immigration and Nationality Act arises out of an admission or acquisition of status under section 101(a)(15)(J) of such Act, before, on, or after the date of enactment of this Act.
(b)
Self-Petitioning— Section 204(a)(1)(A)(iii) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)(iii)) is amended—
(1)
in subclause (I)(bb), by inserting “or to conclude in a valid marriage” after “intended by the alien to be legally a marriage”;
(2)
in subclause (II)(aa)—
(A)
by striking “or” at the end of subitem (BB);
(B)
by inserting “or” at the end of subitem (CC); and
(C)
by adding at the end the following new subitem:

“(DD) who entered the United States as an alien described in section 101(a)(15)(K) with the intent to enter into a valid marriage and the alien (or child of the alien) was battered or subject to extreme cruelty by the United States citizen who filed the petition to accord status under such section;”

(3)
in subclause (II)(cc)—
(A)
by striking “or who” and inserting “, who”; and
(B)
by inserting “, or who is described in subitem (aa)(DD)” before the semicolon; and
(4)
in subclause (II)(dd) by inserting “or who is described in subitem (aa)(DD)” before the period.
(c)
Exception from requirement To depart— Section 214(d)(1) of the Immigration and Nationality Act (8 U.S.C. 1184(d)(1)) is amended by inserting before the period at the end the following: “unless the alien (and the child of the alien) entered the United States as an alien described in section 101(a)(15)(K) with the intent to enter into a valid marriage and the alien or child was battered or subjected to extreme cruelty by the United States citizen who filed the petition to accord status under such section”.
(d)
Effective date— The amendments made by this subsection shall apply to aliens admitted before, on, or after the date of enactment of this Act.
(e)
Relief for abused fiancés—
(1)
Conforming application in cancellation of removal— Section 240A(b)(2)(A)(i) of the Immigration and Nationality Act (8 U.S.C. 1229b(b)(2)(A)(i)) is amended—
(A)
by striking “or” at the end of subclause (II);
(B)
by adding “or” at the end of subclause (III); and
(C)
by adding at the end the following new subclause:

“(IV) the alien entered the United States as an alien described in section 101(a)(15)(K) with the intent to enter into a valid marriage and the alien (or the child of the alien who is described in such section) was battered or subject to extreme cruelty by the United States citizen who filed the petition to accord status under such section;”

(2)
Exception to restriction on adjustment of status— The second sentence of section 245(d) of the Immigration and Nationality Act (8 U.S.C. 1255(d)) is amended by inserting before the period the following: “, unless the alien is described in section 204(a)(1)(A)(iii)(II)(aa)(DD)”.
(3)
Application under suspension of deportation— Section 244(a)(3) of such Act (8 U.S.C. 1254(a)(3)) (as in effect on March 31, 1997) shall be applied (as if in effect on such date) as if the phrase “is described in section 240A(b)(2)(A)(i)(IV) or” were inserted before “has been battered” the first place it appears.
(4)
Effective date— The amendments made by this subsection shall take effect on the date of the enactment of this Act and shall apply to aliens admitted before, on, or after such date.
(f)
Visa waiver entrants—
(1)
In general— Section 217(b)(2) of the Immigration and Nationality Act (8 U.S.C. 1187(b)(2)) is amended by inserting “as a VAWA self-petitioner or for relief under section 101(a)(15)(T) or (U), under section 240A(b)(2), or under section 244(a)(3) (as in effect on March 31, 1997),” after “asylum,”.
(2)
Effective date— The amendment made by paragraph (1) shall take effect on the date of the enactment of this Act and shall apply to waivers provided under section 217(b)(2) of the Immigration and Nationality Act before, on, or after such date as if it had been included in such waivers.
(g)
Abused Derivatives Accessing VAWA Self-Petitioning— Section 204(a)(1)(B)(ii)(I) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(B)(ii)(I)) is amended—
(1)
in subitem (CC) by inserting “or” at the end; and
(2)
by adding a new subitem (DD) as follows:

“(DD) who is or was the bona fide spouse of an alien who is now a Lawful Permanent Resident.”

Sec. 205 Battered spouse and family member protections

(a)
Self-Petitioning for Abandoned Spouses—
(1)
Abandoned spouses of U.S. citizens— Section 204(a)(1)(A)(iii)(I)(bb) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)(iii)(I)(bb)) is amended by inserting “abandoned,” before “battered”.
(2)
Abandoned spouses of lawful permanent residents— Section 204(a)(1)(B)(ii)(I)(bb) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(B)(ii)(I)(bb)) is amended by inserting “abandoned,” before “battered”.
(b)
Improved access to VAWA self-Petitioning—
(1)
Abused immigrant spouses of United States citizens— Section 204(a)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)) is amended—
(A)
in clause (iii)(I)(bb) by striking “during the marriage or relationship intended by the alien to be legally a marriage,”;
(B)
in clause (iii)(II)(aa)(CC)(bbb) by striking “related to an incident of domestic violence”;
(C)
in clause (iii)(II)(aa)—
(i)
by striking subitem (CC)(ccc); and
(ii)
by inserting after (CC) the following:

“(DD) who was a bona fide spouse of a United States citizen whose marriage was legally terminated. Applications under this subsection must be filed within 2 years beginning on the date that the alien spouse receives actual notice of the final court order legally terminating the marriage;”

(D)
in clause (iii)(II)(dd) by inserting “at any time” before “resided with”.
(2)
Abused immigrant spouses of lawful permanent residents— Section 204(a)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(B)) is amended—
(A)
in clause (ii)(I)(bb) by striking “during the marriage or relationship intended by the alien to be legally a marriage,”;
(B)
in clause (ii)(II)(aa), by striking subitem (CC), and inserting the following:

“(CC) who was a bona fide spouse of a lawful permanent resident within the past two years and whose spouse lost status within the past 2 years due to an incident of battering or extreme cruelty; or

“(DD) who was a bona fide spouse of a lawful permanent resident whose marriage was legally terminated. Applications under this subsection must be filed within 2 years beginning on the date that the alien spouse receives actual notice of the final court order legally terminating the marriage;”

(C)
in clause (ii)(II)(dd) is amended by inserting “at any time” before “resided with”.
(c)
Survival of rights to self-Petition— Section 204(h) of the Immigration and Nationality Act (8 U.S.C. 1154(h)) is amended by striking “was approved” and inserting “has been filed”.
(d)
Expansion of protections— Section 212(d)(5) of the Immigration and Nationality Act (8 U.S.C. (d)(5)) is amended by adding at the end the following:

“(C) The Secretary of Homeland Security shall grant parole under subparagraph (A) to the following:

“(i) A VAWA self-petitioner whose petition was approved based on the petitioner or a child of the petitioner having been battered or subjected to extreme cruelty by a United States citizen spouse, parent, or son or daughter.

“(ii) A VAWA self-petitioner whose petition was approved based on the petitioner or a child of the petitioner having been battered or subjected to extreme cruelty by a lawful permanent resident spouse or parent.

“(iii) An alien whose petition was approved or who qualifies to be classified as a nonimmigrant described in section 101(a)(15)(U)(ii).

“(iv) The child of an alien described in clauses (i), (ii), (iii), or (iv) of this subsection who is outside of the United States.

“(v) The child of an alien described in clauses (v) of this subsection who is outside of the United States.

“(D) The grant of parole under clause (i), (ii), or (iii) of subparagraph (C) shall extend from the date of approval of the applicable petition to the time the application for adjustment of status filed by aliens covered under such subparagraphs has been finally adjudicated. Applications for adjustment of status filed by aliens covered under such clauses shall be treated as if they were applications filed under section 204(a)(1)(A)(iii), (A)(iv), (B)(ii), or (B)(iii) for purposes of section 245(a) and (c). The grant of parole under subparagraph clause (iv) or (v) of such subparagraph shall extend from the date of the determination of the Secretary of State described in such subparagraph to the time the application for status under section 101(a)(15)(U)(ii) has been finally adjudicated. Failure by any alien covered by subparagraph (C) to exercise due diligence in filing a visa petition on the alien’s behalf may result in revocation of parole.”

(e)
Self-Petitioning by Children of Bigamy—
(1)
Section 201(a)(1)(A)(iv) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)(iv)) is amended to read as follows:

“(iv) An alien may file a petition with the Secretary under this subparagraph for classification of the alien (and any spouse or child of the alien) if the alien demonstrates to the Secretary that the alien has been battered by or has been the subject of extreme cruelty perpetrated by the alien's citizen parent and that the alien—

“(I)

“(aa) is the child or incapacitated son or daughter of a citizen of the United States;

“(bb) was a child or incapacitated son or daughter of a United States citizen parent who within the past 2 years lost or renounced citizenship status;

“(cc) who believed that he or she was the child of a citizen of the United States—

“(AA) because a marriage ceremony was actually performed between the U.S. citizen and alien’s other parent; and

“(BB) the alien’s other parent otherwise meets any applicable requirements under this Act to establish the existence of and bona fides of a marriage, but the marriage is not legitimate solely because of the bigamy of such citizen of the United States; or

“(dd) was a child of a United States citizen parent—

“(AA) who within the past 2 years (or, if later, 2 years after the date the child attains 18 years of age) died; or

“(BB) whose marriage to the alien’s parent was terminated, including by divorce, annulment, or by death of the natural parent or the abusive stepparent;

“(II) is a person of good moral character;

“(III) is eligible to be classified as an immediate relative under section 1151(b)(2)(A)(i) of this title; and

“(IV) resides, or has resided in the past, with the citizen parent (for purposes of this clause, residence includes any period of visitation).”

(2)
Section 204(a)(1)(B)(iii) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(b)(iii)) is amended to read as follows:

“(iii) An alien may file a petition with the Secretary under this subparagraph for classification of the alien (and any spouse or child of then alien) under such section if the alien demonstrates to the Secretary that the alien has been battered by or has been the subject of extreme cruelty perpetrated by the alien's permanent resident parent and that the alien—

“(I)

“(aa) is the child or incapacitated son or daughter of an alien lawfully admitted for permanent residence;

“(bb) was the child or incapacitated son or daughter of a lawful permanent resident who within the past 2 years lost lawful permanent resident status;

“(cc) believed that he or she was a child of an alien stepparent lawfully admitted for permanent residence—

“(AA) because a marriage ceremony was actually performed between the lawful permanent resident and alien’s other parent; and

“(BB) the alien’s other parent otherwise meets any applicable requirements under this Act to establish the existence of and bona fides of marriage, but the marriage is not legitimate solely because of the bigamy of such alien lawfully admitted for permanent residence; or

“(dd) was a child of a lawful permanent resident—

“(AA) who within the past 2 years (or, if later, 2 years after the date the child attains 18 years of age) died; or

“(BB) whose marriage to the alien child’s parent was terminated, including by divorce, annulment, or by death of the natural parent or the abusive stepparent;

“(II) is a person of good moral character, who is eligible for classification under section 1153(a)(2)(A) of this title; and

“(III) resides, or has resided in the past, with the alien's permanent resident alien parent (for purposes of this clause, residence includes any period of visitation).”

(f)
Protection for children of VAWA self-Petitioners— Section 204(l)(2) of the Immigration and Nationality Act (8 U.S.C. 1154(l)(2)) is amended—
(1)
in subparagraph (E), by striking “or” at the end;
(2)
by redesignating subparagraph (F) as subparagraph (G); and
(3)
by inserting after subparagraph (E) the following:

“(F) a child of an alien who filed a pending or approved petition for classification or application for adjustment of status or other benefit specified in section 101(a)(51) as a VAWA self-petitioner; or”

(g)
Self-Petitioning rights under section 203 of NACARA— Section 309 of the Illegal Immigration and Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104–208; 8 U.S.C. 1101 note), as amended by section 203(a) of the Nicaraguan Adjustment and Central American Relief Act (8 U.S.C. 1255 note; Public Law 105–100), is amended—
(1)
in subsection (c)(5)(C)(i)(VII)(aa), as amended by section 1510(b) of the Violence Against Women Act of 2000—
(A)
by striking “or” at the end of subitem (BB);
(B)
by striking “and” at the end of subitem (CC) and inserting “or”; and
(C)
by adding at the end the following new subitem:

“(DD) at the time at which the spouse or child files an application for suspension of deportation or cancellation of removal; and”

(2)
in subsection (f), in paragraph (1), by inserting “including subsections (VI) and (VII)” after “the alien is described in subsection (c)(5)(C)(i) of this section”; and
(3)
in subsection (g)—
(A)
by inserting “(1)” before “Notwithstanding”;
(B)
by inserting “subject to paragraph (2),” after “section 101(a) of the Immigration and Nationality Act)),”; and
(C)
by adding at the end the following new paragraph:

“(2) There shall be no limitation on a motion to reopen removal or deportation proceedings in the case of an alien who is described in subclause (VI) or (VII) of subsection (c)(5)(C)(i). Motions to reopen removal or deportation proceedings in the case of such an alien shall be handled under the procedures that apply to aliens seeking relief under section 204(a)(1)(A)(iii) of the Immigration and Nationality Act.”

Sec. 206 Battered spouse waivers and conditional residents

(a)
Grounds for hardship waiver for conditional permanent residence for intended spouses— Section 216(c)(4) of the Immigration and Nationality Act (8 U.S.C. 1186a(c)(4)) is amended—
(1)
in subparagraph (B)—
(A)
by inserting after “(other than through the death of the spouse)” the following: “, or the alien has filed for termination of marriage and shall furnish proof of termination prior to the time of adjudication,”; and
(B)
by striking “or” at the end;
(2)
in subparagraph (C) by striking the period and inserting “, or”; and
(3)
after subparagraph (C) by inserting the fol1lowing new subparagraph:

“(D) the alien meets the requirements under section 204(a)(1)(A)(iii)(II)(aa)(BB) and following the marriage ceremony has been battered by or was subject to extreme cruelty perpetrated by his or her intended spouse and was not at fault in failing to meet the requirements of paragraph (1).”

(b)
Technical corrections— Section 216(c)(4) of the Immigration and Nationality Act (8 U.S.C. 1186a(c)(4)), as amended by subsection (a), is further amended—
(1)
in the matter preceding subparagraph (A), by striking “The Attorney General, in the Attorney General's” and inserting “The Secretary of Homeland Security, in the Secretary's”; and
(2)
in the undesignated paragraph at the end—
(A)
in the first sentence, by striking “Attorney General” and inserting “Secretary of Homeland Security”;
(B)
in the second sentence, by striking “Attorney General” and inserting “Secretary”;
(C)
in the third sentence, by striking “Attorney General.” and inserting “Secretary.”; and
(D)
in the fourth sentence, by striking “Attorney General” and inserting “Secretary”.
(c)
Grounds for relief— Such section is further amended by adding at the end the following: “An application for relief under this paragraph may be based on one or more grounds specified in subparagraphs (A) through (D) and may be amended at any time to change the ground or grounds for such relief without the application being resubmitted.”.
(d)
Conforming amendment— Section 237(a)(1)(H)(ii) of such Act (8 U.S.C. 1227(a)(1)(H)(ii)) is amended by inserting before the period at the end the following: “or qualifies for a waiver under section 216(c)(4)”.
(e)
Proof of termination of the marriage due at final adjudication the hardship waiver— Section 216(c)(4)(B) is amended by inserting “or the alien has filed for termination of marriage and will furnish proof of termination by the time of adjudication” after “terminated (other than through the death of the spouse)”;
(f)
Children of conditional residents— In the case of an alien who meets the requirements of subsection (c) the Secretary may adjust the status of any child of the alien as immediate relatives under section 201(b)(2)(A)(i) (8 U.S.C. 1151).
(g)
Effective dates—
(1)
The amendments made by subsection (a) shall apply as if included in the enactment of the Violence Against Women Act of 2000.
(2)
The amendments made by subsections (b) and (c) shall apply to applications for relief pending or filed on or after April 10, 2003.
(3)
The amendments made by subsections (d) and (e) shall take effect upon enactment.

Sec. 207 Asylum protections for victims of violence against women

(a)
Section 101(a)(42) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(42)) is amended by adding at the end the following:
(b)
Section 208(b)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 1158(b)(1)(B)) is amended by inserting a new clause (iii), as follows, and renumbering thereafter:

“(iii) Supporting evidence accepted—Direct or circumstantial evidence, including evidence that the State is unable to protect the applicant or that the State, legal or social norms tolerate such persecution against persons like the applicant, may establish that persecution is on account of race, religion, nationality, membership in a particular social group, or political opinion.”

(c)
Section 208(d)(6) of the Immigration and Nationality Act (8 U.S.C. 1158(d)(6)) is amended—
(1)
by inserting “(A) In general—” after “(6)”; and
(2)
by adding at the end the following:

“(B) Exception—Subparagraph (A) shall not apply to an alien who is otherwise eligible for classification or status as a VAWA self-petitioner, as described in section 101(a)(51) of this Act, or who is otherwise eligible for status either under section 101(a)(15)(T) or section 101(a)(15)(U) of this Act.”

(d)
Spouses and Children of Asylum Applicants Under Adjustment Provisions—
(1)
In general— Section 209(b)(3) of the Immigration and Nationality Act (8 U.S.C. 1159(b)(3)) is amended—
(A)
by inserting “(A)” after “(3)”; and
(B)
by adding at the end the following:

“(B) was the spouse of a refugee within the meaning of section 101(a)(42)(A) at the time the asylum application was granted; or

“(C) was the child of a refugee within the meaning of section 101(a)(42)(A) at the time the asylum application was filed,”

(2)
Effective date— The amendments made by paragraph (1) shall take effect on the date of the enactment of this Act and—
(A)
section 209(b)(3)(B) of the Immigration and Nationality Act (8 U.S.C. 1159(b)(3)(B)), as added by paragraph (1)(B), shall apply to spouses of refugees for whom an asylum application is granted before, on, or after such date; and
(B)
section 209(b)(3)(C) of such Act (8 U.S.C. 1159(b)(3)(C)), as so added, shall apply with respect to the child of a refugee for whom an asylum application is filed before, on, or after such date.
(e)
Children of refugee or asylee spouses and children— A child of an alien who qualifies for admission as a spouse or child under section 207(c)(2)(A) or 208(b)(3) of the Immigration and Nationality Act (8 U.S.C. 1157(c)(2)(A) and 1158(b)(3)) shall be entitled to the same admission status as such alien if the child—
(1)
is accompanying or following to join such alien; and
(2)
is otherwise admissible under such section 207(c)(2)(A) or 208(b)(3).
(f)
Elimination of arbitrary time limits on asylum applications— Section 208(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1158(a)(2)) is amended—
(1)
by striking subparagraph (B);
(2)
by redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively;
(3)
in subparagraph (B), as redesignated, by striking “(D)” and inserting “(C)”;
(4)
by striking subparagraph (C), as redesignated, and inserting the following:

“(C) Changed circumstances—Notwithstanding subparagraph (B), an application for asylum of an alien may be considered if the alien demonstrates, to the satisfaction of the Attorney General, the existence of changed circumstances that materially affect the applicant’s eligibility for asylum.”

(5)
by striking subparagraph (E).
(g)
Protections for Minors Seeking Asylum— Section 208 of the Immigration and Nationality Act (8 U.S.C. 1158) is amended—
(1)
in subsection (a)(2), by adding at the end the following:

“(D) Applicability to minors—Subparagraphs (A) and (B) do not apply to an applicant who is younger than 18 years of age on the earlier of—

“(i) the date on which the asylum application is filed; or

“(ii) the date on which any Notice to Appear is issued.”

(2)
in subsection (b)(3)(C), by striking “unaccompanied alien child (as defined in section 462(g) of the Homeland Security Act of 2002 (6 U.S.C. 279(g))),” and inserting:

“(i) the date on which the asylum application is filed; or

“(ii) the date on which any Notice to Appear is issued,”

Sec. 208 Protections from removal for victims

(a)
Exception for VAWA Self-Petitioners— Section 212(a)(9)(B)(iii)(IV) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(9)(B)(iii)(IV)) is amended—
(1)
by inserting “(I)” after “(6)(A)(ii)”; and
(2)
by striking “if “violation of the terms of the alien’s nonimmigrant visa were substituted for unlawful entry into the United States” in subclause (III) of that paragraph”.
(b)
Waivers for abused aliens— Section 212(a)(9)(C)(iii) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(9)(C)(iii)) is amended—
(1)
by inserting “or the Attorney General” after “Secretary of Homeland Security”; and
(2)
by striking the language following “clause (i)” and inserting “for humanitarian purposes, to assure family unity, when it is otherwise in the public interest, or in the case of an alien who is applying for or has a claim of relief as a VAWA self-petitioner”.
(c)
Exemption from public charge ground—
(1)
In general— Section 212(a)(4) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(4)) is amended by adding at the end the following new subparagraph:

“(E) Special rule for qualified alien victims—Subparagraphs (A) through (C) shall not apply to an alien who is a VAWA self-petitioner, is an applicant or has been granted status under section 101(a)(15)(U), or is a qualified alien described in section 431(c) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996.”

(2)
Conforming amendment— Section 212(a)(4)(C)(i) of such Act (8 U.S.C. 1182(a)(4)(C)(i)) is amended to read as follows:

“(i) the alien is described in subparagraph (E); or”

(3)
Effective date— The amendments made by this section shall take effect on the date of the enactment of this Act and shall apply regardless of whether the alien’s application was filed before, on, or after such date.
(d)
Waiver for false claims to United States citizenship— Section 212(a)(6)(C)(ii) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(6)(C)(ii)) is amended—
(1)
by adding at the end the following new subclause:

“(III) Exception—An alien who is a VAWA self-petitioner shall not be considered to be inadmissible under any provision of this subsection based on such representation.”

(2)
Section 101(f) of the Immigration and Nationality Act (8 U.S.C. 1101(f)) is amended—
(A)
in the last sentence of this subsection, by striking “,” after “or violation that he or she was a citizen”; and
(B)
by inserting “; or the alien is a VAWA self-petitioner;” after “violation that he or she was a citizen”.
(e)
Waiver for certain VAWA self-Petitioners— Section 212(d)(11) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(11)) is amended by adding at the end the following: “The Attorney General may waive the application of clause (i) of subsection (a)(6)(E) in the case of an alien who is a VAWA self-petitioner.”.
(f)
Waiver authorized— Section 212(a)(9)(A) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(9)(A)) is amended by adding at the end the following new clause:

“(iv) waiver for VAWA self-petitioner—The Attorney General or the Secretary may waive the application of clauses (i) or (ii) if the alien is applying for relief as a VAWA self-petitioner.”

(g)
Conforming relief in suspension of deportation parallel to the relief available in the Violence Against Women Act of 2000 cancellation for bigamy—
(1)
In general— Section 244(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1254a(a)(3)) (as in effect before the title III–A effective date in section 309 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996) shall be applied as if “or by a United States citizen or lawful permanent resident whom the alien intended to marry, but whose marriage is not legitimate because of that United States citizen’s or permanent resident’s bigamy” were inserted after “by a spouse or parent who is a United States citizen or lawful permanent resident”.
(2)
Effective date— The provisions of paragraph (1) shall apply as if included in the enactment of the Violence Against Women Act of 2000.
(h)
Application of VAWA motions To reopen rules crime victims— Section 240(c)(7)(C)(iv) of the Immigration and Nationality Act (8 U.S.C. 1230(c)(7)(C)(iv)), as redesignated by section 101(d)(1) of the REAL ID Act of 2005 (division B of Public Law 109–13), is amended—
(1)
in the first clause by deleting “and parents—” and adding “parents, trafficking victims and crime victims—”;
(2)
by amending subclause (I) to read as follows:

“(I) if the basis for this motion is to apply for relief under sections 101(a)(15)(T), 101(a)(15(U), 245(a), 245(c), 245(l), 245(m), 240A(b)(2), and section 244(a)(3) (as in effect on March 31, 1997) or as a VAWA self-petitioner;”

(3)
by amending subclause (II) to read as follows:

“(II) if the motion is accompanied by a cancellation of removal or adjustment of status application to be filed with the Attorney General or by a copy of the self-petition, or the application for relief under 101(a)(15)(T) or (U), that has been or will be filed with the Department of Homeland Security upon the granting of the motion to reopen; and”

(4)
in the last paragraph of this section—
(A)
by inserting “or an alien who qualifies for classification under 101(a)(15(U)” after “Act of 1996 (8 U.S.C. 1641(c)(1)(B))”; and
(B)
by inserting “ or an alien that qualifies for classification under 101(a)(15)(U)”.
(i)
In general— Section 241 of the Immigration and Nationality Act (8 U.S.C. 1231) is amended by adding at the end the following new subsection:

“(h) Any alien with a pending application under 101(a)(15)(T)(i) or T(i), 101(a)(15)(U)(i) or (U)(ii), 101(a)(51), 240A(b)(2), or 244(a)(3) (as in effect on March 31, 1997), shall not be ordered removed under this section.”

Sec. 209 Naturalization

(a)
In general— Section 319(a) of the Immigration and Nationality Act (8 U.S.C. 1430(a)) is amended to read as follows:

“(a)

“(1) Any person who is—

“(A) a spouse of citizen of the United States; or

“(B) any person who obtained status as a lawful permanent resident and who was battered or subjected to extreme cruelty by a United States citizen who is or was a spouse, parent, son or daughter; and

“(2) may be naturalized—

“(A) upon compliance with all the requirement of this title except the provisions of paragraph (1) of section 316(a);

“(B) if such person immediately preceding the date of filing his or her application for naturalization has resided continuously, after being lawfully admitted for permanent residence, within the United States for at least three years;

“(C)

“(i) during the three years immediately preceding the date of filing his or her application has been living in marital union with the citizen spouse who has been a United States citizen during all of such period; and

“(ii) in the case of a person who has been battered or subjected to extreme cruelty by a United States citizen spouse, parent, son or daughter, the requirement of subsection (C)(i) shall not apply regardless of whether the lawful permanent resident status was obtained on the basis of such battery or cruelty;

“(D) has been physically present in the United States for periods totally at least half of the time;

“(E)

“(i) has resided within the State or district of the Services in the United States in which the applicant filed his or her application for at least three months; or

“(ii) applications for naturalization filed under paragraph (a)(1)(B) of this section shall be handled under the procedures that apply to aliens seeking relief under section 101(a)(51) of the Immigration and Nationality Act; and

“(F) the provisions of section 204(a)(1)(J) shall apply in acting on an application under this subsection in the same manner as they apply in acting on petitions referred to in such section.”

(b)
effective date— The amendments made by this section shall take effect on the date of the enactment of this Act and shall apply to applications for naturalization filed before, on, or after the date of the enactment of this Act.

Sec. 210 General provisions

(a)
Expansion of fee waivers to consular fees and any fees in removal proceedings— Section 245(l)(7) of the Immigration and Nationality Act (8 U.S.C. 1255(l)(7)) is amended to insert “the Secretary of State, an immigration judge, and the Board of Immigration Appeals” after “The Secretary of Homeland Security”.
(b)
Review of extreme cruelty— Section 204(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)) is amended by adding at the end the following:

“(M) For the purposes of this section and in all cases described in section 101(a)(51), under section 106, under section 240A(b)(2), or under section 244(a)(3) (as in effect on March 31, 1997), the determination of the existence of extreme cruelty is a question of law applied to facts and not a discretionary determination.”

(c)
Allowing judicial review in VAWA Cases— Section 242(e)(4) of the Immigration and Nationality Act (8 U.S.C. 1252(e)(4)) is amended in subparagraph (A)—
(1)
by striking “or”;
(2)
by inserting “or” after “under section 208,”; and
(3)
by adding at the end the following new subsection:

“(C) is a VAWA self-petitioner, an applicant for relief under section 101(a)(15)(T) or (U), an applicant for relief under section 240A(b)(2), or an applicant for relief under section 244(a)(3) (as in effect on March 31, 1997),”

(d)
VAWA Unit Adjudications— Section 101(a)(51) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(51)) is amended by adding at the end the following new paragraph:

“(52) Applications for relief, adjustment of status, employment authorization, parole, deferred action, or naturalization, and all administrative determinations relating to such applications under paragraphs (15)(T), (15)(U), (27)(J), and (51) of this section, or under section 106 shall be adjudicated at the VAWA Unit of Vermont Service Center.”

Sec. 211 Technical corrections

(a)
Technical correction— Effective as if included in the enactment of section 1505(c)(2) of Violence Against Women Act of 2000, section 237(a)(1)(H)(i)(II) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(1)(H)(i)(II)) is amended by striking the period at the end and inserting “; or”.
(b)
Additional technical correction— Section 237(a)(7)(A)(i)(I) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(7)(A)(i)(I)) is amended by striking “is self-defense” and inserting “in self-defense”.
(c)
In general— Section 204(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)) is amended—
(1)
in subparagraph (A)(iii)(II)(aa)(CC)(bbb), by striking “an incident of domestic violence” and inserting “battering or extreme cruelty by the United States citizen spouse”;
(2)
in subparagraph (A)(iv), by striking “an incident of domestic violence” and inserting “battering or extreme cruelty by such parent”;
(3)
in subparagraph (A)(vii)(I), as added by section 816 of VAWA–2005, is amended by striking “related to an incident of domestic violence” and inserting “related to battering or extreme cruelty by the United States citizen son or daughter”;
(4)
in subparagraph (B)(ii)(II)(aa)(CC)(aaa), by striking “due to an incident of domestic violence” and inserting “related to battering or extreme cruelty by the lawful permanent resident spouse”; and
(5)
in subparagraph (B)(iii), by striking “due to an incident of domestic violence” and inserting “related to battering or extreme cruelty by such parent”.
(d)
Effective date— The amendments made by subsection (a) shall take effect as if included in the enactment of the Violence Against Women Act of 2000, except that the amendment made by subsection (a)(3) shall apply as if included in the enactment of VAWA–2005.
(e)
Correction of cross-Reference to credible evidence provisions—
(1)
VAWA Suspension of Deportation— Section 309(c)(5)(C)(iii) of the Illegal Immigration and Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104–208; 8 U.S.C. 1101 note), as amended by section 1510(b)(2) of the Violence Against Women Act of 2000, is amended by striking “204(a)(1)(H)” and inserting “204(a)(1)(J)”.
(2)
Effective date— The amendments made by this section shall take effect as if included in the enactment of the Violence Against Women Act of 2000.
(f)
Miscellaneous corrections to VAWA–2005—
(1)
In general— Section 204(a)(1)(D) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(D)), is amended by striking “a petitioner for preference status under paragraph (1), (2), or (3) of section 203(a), whichever paragraph is applicable” and inserting “to continue to be treated as an immediate relative under section 201(b)(2)(A)(i), or to be a petitioner for preference status under section 203(a)(3) if subsequently married or a petitioner for preference status under section 203(a)(2)(A), whichever is applicable”.
(2)
Effective date— The amendments made by subsection (a) shall apply to applications filed before, on, or after the date of the enactment of the Violence Against Women Act of 2000.