H.R. 2388 (110th): Violence Against Immigrant Women Act of 2007

110th Congress, 2007–2009. Text as of May 17, 2007 (Introduced).

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HR 2388 IH

110th CONGRESS

1st Session

H. R. 2388

To amend the Immigration and Nationality Act to enhance protections for immigrant victims of domestic violence, sexual assault, and trafficking.

IN THE HOUSE OF REPRESENTATIVES

May 17, 2007

Ms. SCHAKOWSKY introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Ways and Means, Agriculture, Financial Services, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned


A BILL

To amend the Immigration and Nationality Act to enhance protections for immigrant victims of domestic violence, sexual assault, and trafficking.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) SHORT TITLE- This Act may be cited as the `Violence Against Immigrant Women Act of 2007'.

    (b) TABLE OF CONTENTS- The table of contents of this Act is as follows:

      Sec. 1. Short title; table of contents.

TITLE I--REFERENCES; RULEMAKING

      Sec. 101. References; rulemaking.

TITLE II--ADDITIONAL VAWA IMMIGRATION-RELATED PROVISIONS

Subtitle A--Provisions Relating to VAWA-2005

      Sec. 201. Miscellaneous corrections to VAWA-2005.

      Sec. 202. Additional technical correction.

      Sec. 203. Clarification of roles of Secretary of Homeland Security and Attorney General.

      Sec. 204. IMBRA Federal criminal penalty.

Subtitle B--Additional Provisions Relating to Victims of Crime

      Sec. 211. Treatment of good moral character for purposes of adjustment of status for victims of trafficking.

      Sec. 212. Status as qualified alien for nonimmigrant `U' and `T' applicants and visa holders.

Subtitle C--Additional Provisions Relating to VAWA Self-Petitioners, VAWA Cancellation, and VAWA Suspension Applicants

      Sec. 221. Self-petitioning for children.

      Sec. 222. Eligibility for safety net benefits of aliens suffering from domestic abuse.

      Sec. 223. Promoting consistency in VAWA adjudications.

      Sec. 224. Clarification of basis for relief under hardship waivers for conditional permanent residence.

      Sec. 225. Relief for certain victims pending actions on petitions and applications for relief.

      Sec. 226. Removing barrires to VAWA protection.

      Sec. 227. Eliminating abusers' control over applications.

      Sec. 228. Parole for VAWA petitioners and for derivatives of trafficking victims.

      Sec. 229. Clarification of access to naturalization for victims of domestic violence.

      Sec. 230. Protections against adverse determinations of admissibility or deportability based on protected information.

      Sec. 231. Authorization of appropriations.

      Sec. 232. Waiver of certain grounds of inadmissibility for VAWA petitioners.

      Sec. 233. Clarifying nonapplication of cancellation cap to cancellation of removal.

Subtitle D--Miscellaneous Additional Provisions

      Sec. 241. Correction of cross-reference to credible evidence provisions.

      Sec. 242. Conforming amendment confirming IIRAIRA's grant of public and assisted housing to all qualified aliens, including battered immigrants.

      Sec. 243. Miscellaneous technical corrections.

TITLE I--REFERENCES; RULEMAKING

SEC. 101. REFERENCES; RULEMAKING.

    (a) REFERENCES- In this Act:

      (1) The term `VAWA-2005' means title VIII of the Violence Against Women and Department of Justice Reauthorization Act of 2005 (Public Law 109-162).

      (2) The term `VAWA-2000' means the Violence Against Women Act of 2000 (division B of Public Law 106-386).

    (b) RULEMAKING- Not later than 180 days after the date of enactment of this Act, the Attorney General, the Secretary of Homeland Security, and the Secretary of State shall promulgate regulations to implement the provisions and amendments contained in this Act. Insofar as required to carry out the previous sentence in a timely manner, such regulations shall be promulgated to take effect on an interim basis, at the same time that notice and opportunity for public comment are offered.

TITLE II--ADDITIONAL VAWA IMMIGRATION-RELATED PROVISIONS

Subtitle A--Provisions Relating to VAWA-2005

SEC. 201. MISCELLANEOUS CORRECTIONS TO VAWA-2005.

    (a) Section 805- Section 204(a)(1)(D) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(D)), as amended by section 805(a) of VAWA-2005, is amended--

      (1) in clause (i)(I), by striking `under clause (iv) of section 204(a)(1)(A) or section 204(a)(1)(B)(iii)' and inserting `under subparagraph (A)(iv) or (B)(iii)' each place it appears; and

      (2) 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'.

    (b) EFFECTIVE DATE- The amendments made by subsection (a) shall apply to applications filed before, on, or after the date of the enactment of VAWA-2000.

SEC. 202. ADDITIONAL TECHNICAL CORRECTION.

    Effective as if included in Public Law 109-271, section 6(a) of such Act is amended by inserting before the period at the end the following: `the first place it appears and by inserting `or (B)(iii), as the case may be' after `(A)(iv)' the second place it appears'.

SEC. 203. CLARIFICATION OF ROLES OF SECRETARY OF HOMELAND SECURITY AND ATTORNEY GENERAL.

    (a) T-Visas (Section 801 of VAWA-2005)- Section 101(a)(15)(T)(i) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(T)(i)), as amended by section 801(a)(1)(A) of VAWA-2005, is amended by striking `, or in the case of subclause (III)(aa) the Secretary of Homeland Security and the Attorney General jointly'.

    (b) Adjustment of Status for Victims of Trafficking (Section 803 of VAWA-2005)- Section 245(l)(1) of the Immigration and Nationality Act (8 U.S.C. 1255(l)(1)), as amended by section 803(a) of VAWA-2005, is amended--

      (1) by striking `, or in the case of subparagraph (C)(i), the Attorney General,' each place it appears; and

      (2) in subparagraph (A), by striking `Attorney General' and inserting `Secretary of Homeland Security'.

    (c) Adjustment of Status for Crime Victims- Section 245(m)(1) of the Immigration and Nationality Act (8 U.S.C. 1255(m)(1)) is amended, in the matter before subparagraph (A), by striking `unless the Attorney General' and inserting `unless the Secretary'.

    (d) Victim of Trafficking Certification Process (Section 804 of VAWA-2005)- Section 107(b)(1)(E) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105(b)(1)(E)), as amended by section 804(b) of VAWA-2005, is amended--

      (1) in clause (i) in the matter preceding subclause (I), by striking `and the Secretary' and inserting `or the Secretary';

      (2) in clause (i)(II)(bb), by striking `Attorney General and'; and

      (3) in clause (ii), by striking `Attorney General'.

    (e) CLARIFICATION OF CONTINUED INVOLVEMENT OF BOTH DEPARTMENT OF JUSTICE AND THE DEPARTMENT OF HOMELAND SECURITY IN ANNUAL TRAFFICKING REPORT- Section 107(g) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105(g)), as amended by subsections (a)(1) and (d) of section 804 of VAWA-2005, is amended by striking `of each year' and all that follows through `shall submit a report' and inserting `of each year, the Attorney General and the Secretary of Homeland Security shall jointly submit a report'.

    (f) EFFECTIVE DATE- This section, and the amendments made by this section, shall be effective as if included in the enactment of VAWA-2005.

SEC. 204. IMBRA FEDERAL CRIMINAL PENALTY.

    Section 833(d)(5)(B) of VAWA-2005 is amended by striking `interstate or foreign commerce, an international marriage broker that, within the special maritime and territorial jurisdiction of the United States, violates' and inserting `interstate or foreign commerce or within the special maritime and territorial jurisdiction of the United States, an international marriage broker that violates'.

Subtitle B--Additional Provisions Relating to Victims of Crime

SEC. 211. TREATMENT OF GOOD MORAL CHARACTER FOR PURPOSES OF ADJUSTMENT OF STATUS FOR VICTIMS OF TRAFFICKING.

    Section 245(l) of the Immigration and Nationality Act (8 U.S.C. 1255(l)) is amended--

      (1) in paragraph (1)(B), by inserting `subject to paragraph (6),' after `(B)'; and

      (2) by adding at the end the following new paragraph:

    `(6) For purposes of paragraph (1)(B), the Secretary of Homeland Security, in the Secretary's sole unreviewable discretion, may waive consideration of a disqualification from good moral character described in section 101(f) with respect to an alien if there is a connection between the disqualification and the trafficking with respect to the alien described in section 101(a)(15)(T)(i).'.

SEC. 212. STATUS AS QUALIFIED ALIEN FOR NONIMMIGRANT `U' AND `T' APPLICANTS AND VISA HOLDERS.

    (a) IN GENERAL- Section 431(c) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(c)) is amended--

      (1) by striking `or' at the end of paragraph (2)(B);

      (2) by striking the period at the end of paragraph (3)(B) and inserting a semicolon; and

      (3) by adding at the end the following:

      `(4) an alien who has applied for and not been denied or who holds status as a nonimmigrant under clause (i) or (ii) of section 101(a)(15)(U) of the Immigration and Nationality Act; or

      `(5) an alien who has applied for and not been denied or who holds status as a nonimmigrant under clause (i) or (ii) of section 101(a)(15)(T) of the Immigration and Nationality Act.

      The provisions of paragraph (5) are in addition to the access to public benefits provided in the Trafficking Victims Protection Act of 2000 and the Trafficking Victims Reauthorization Act of 2003.'.

    (b) EFFECTIVE DATE- The amendments made by this section apply to applications for public benefits and public benefits provided on or after the date of the enactment of this Act without regard to whether regulations to carry out such amendments are implemented, as required under section 101(b).

Subtitle C--Additional Provisions Relating to VAWA Self-Petitioners, VAWA Cancellation, and VAWA Suspension Applicants

SEC. 221. SELF-PETITIONING FOR CHILDREN.

    (a) Self-Petitioning by Children of Parent-Abusers Upon Death or Other Termination of Parent-Child Relationship-

      (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' and inserting `who'; and

        (B) by inserting before `, and who is a person of good moral character,' the following: `or who was a child of a United States citizen parent who within the past 2 years (or, if later, two years after the date the child attains 18 years of age) died or otherwise terminated the parent-child relationship (as defined under section 101(b))'.

      (2) LAWFUL PERMANENT RESIDENT PARENTS-

        (A) IN GENERAL- Section 204(a)(1)(B)(iii) of such Act (8 U.S.C. 1154(a)(1)(B)(iii)) is amended--

          (i) by striking `or who' and inserting `who'; and

          (ii) by inserting before `, and who is a person of good moral character,' the following: `or who was a child of a lawful permanent resident who within the past 2 years (or, if later, two years after the date the child attains 18 years of age) died or otherwise terminated the parent-child relationship (as defined under section 101(b))'.

        (B) CONFORMING TREATMENT OF DECEASED SPOUSES- Section 204(a)(1)(B)(ii)(II)(aa)(CC) of such Act (8 U.S.C. 1154(a)(1)(B)(ii)(II)(aa)(CC)) is amended--

          (i) by redesignating subitems (aaa) and (bbb) as subitems (bbb) and (ccc), respectively; and

          (ii) by inserting before subitem (bbb), as so redesignated, the following:

        `(aaa) whose spouse died within the past 2 years;'.

    (c) EFFECTIVE DATES-

      (1) IN GENERAL- Subject to paragraph (2), the amendments made by paragraphs (1) and (2) of subsection (a) shall take effect on the date of the enactment of this Act.

      (2) TRANSITION IN CASE OF CITIZEN PARENTS WHO DIED BEFORE ENACTMENT- In applying the amendments made by paragraphs (1) and (2)(A) of subsection (a) in the case of an alien whose citizen parent or lawful permanent resident parent died or whose parent-child relationship with such parent terminated during the period beginning on October 28, 1998, and ending on the date of the enactment of this Act, the following rules apply:

        (A) The reference to `within the past 2 years' in section 204(a)(1)(A)(iv) or 204(a)(1)(B)(iii), respectively, of the Immigration and Nationality Act in the matter inserted by such paragraph is deemed to be a reference to such period.

        (B) The petition must be filed under such section within 2 years after the date of the enactment of this Act (or, if later, 2 years after the alien's 18th birthday).

        (C) The determination of eligibility for benefits as a child under such section (including under section 204(a)(1)(D) of the Immigration and Nationality Act by reason of a petition authorized under such section) shall be determined as of the date of the death of the citizen parent or lawful permanent resident parent or the termination of the parent-child relationship.

SEC. 222. ELIGIBILITY FOR SAFETY NET BENEFITS OF ALIENS SUFFERING FROM DOMESTIC ABUSE.

    (a) EXEMPTION FROM SSI AND FOOD STAMPS BAN- Section 402(a)(2) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(a)(2)) is amended by adding at the end the following new subparagraph:

        `(M) BATTERED AND CRIME VICTIM ALIENS- With respect to eligibility for a specified Federal program (as defined in paragraph (3)), paragraph (1) shall not apply to an alien who--

          `(i) is described in section 431(c);

          `(ii) is described in section 431(b) and also is described in section 431(c), other than paragraphs (1)(B), (2)(B), and (3)(B) of such section; or

          `(iii) is described in clause (i) or (ii) and was lawfully admitted as a permanent resident.'.

    (b) EXEMPTION FROM TANF, SOCIAL SERVICE BLOCK GRANT, AND MEDICAID BAN- Section 402(b)(2) of such Act (8 U.S.C. 1612(b)(2)) is amended by inserting after subparagraph (F) the following new subparagraph:

        `(G) BATTERED AND CRIME VICTIM ALIENS- An alien who--

          `(i) is described in section 431(c);

          `(ii) is described in section 431(b) and also is described in section 431(c), other than paragraphs (1)(B), (2)(B), and (3)(B) of such section; or

          `(iii) is described in clause (i) or (ii) and was lawfully admitted as a permanent resident.'.

    (c) EXEMPTION FROM 5-YEAR BAN FOR SAFETY NET PUBLIC BENEFITS- Section 403(b) of such Act (8 U.S.C. 1613(b)) is amended by adding at the end the following new paragraph:

      `(3) BATTERED AND CRIME VICTIM ALIENS- An alien who--

        `(A) is described in section 431(c);

        `(B) is described in section 431(b) and also is described in section 431(c), other than paragraphs (1)(B), (2)(B), and (3)(B) of such section; or

        `(C) is described in subparagraph (A) or (B) and was lawfully admitted as a permanent resident.'.

    (d) EFFECTIVE DATE- The amendments made by this section apply to applications for public benefits and public benefits provided on or after the date of the enactment of this Act without regard to whether regulations to carry out such amendments are implemented, as required under section 205(b).

SEC. 223. PROMOTING CONSISTENCY IN VAWA ADJUDICATIONS.

    (a) 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'.

    (b) Effective Date- The amendments made by subsection (a) shall take effect as if included in the enactment of VAWA-2000, except that the amendment made by subsection (a)(3) shall apply as if included in the enactment of VAWA-2005.

SEC. 224. CLARIFICATION OF BASIS FOR RELIEF UNDER HARDSHIP WAIVERS FOR CONDITIONAL PERMANENT RESIDENCE.

    (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) by striking `or' at the end of subparagraph (B);

      (2) by striking the period at the end of subparagraph (C) and inserting `, or'; and

      (3) by inserting after subparagraph (C) the following 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) 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.'.

    (c) 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)'.

    (d) Effective Dates-

      (1) The amendments made by subsection (a) shall apply as if included in the enactment of VAWA-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.

SEC. 225. RELIEF FOR CERTAIN VICTIMS PENDING ACTIONS ON PETITIONS AND APPLICATIONS FOR RELIEF.

    (a) Relief-

      (1) LIMITATION ON REMOVAL OR DEPORTATION- Section 237 of the Immigration and Nationality Act (8 U.S.C. 1227) is amended by adding at the end the following new subsection:

    `(d)(1) In the case of an alien in the United States for whom a petition as a VAWA petitioner has been filed, if the petition sets forth a prima facie case for approval, the Secretary of Homeland Security may grant the alien a stay of removal until the petition is approved or the petition is denied after exhaustion of administrative appeals. Any appeal of the denial of a stay of removal under this paragraph must accompany any appeal of the underlying substantive petition or application for benefits. In the case of the approval of a petition under this paragraph, such stay of removal may be extended until a final determination is made on an application for adjustment of status.

    `(2) In the case of an alien in the United States for whom an application for nonimmigrant status (whether as a principal or derivative child) under subparagraph (T) or (U) of section 101(a)(15) has been filed, if the application sets forth a prima facie case for approval, the Secretary of Homeland Security may grant the alien a stay of removal until the application is approved or the application is denied after exhaustion of administrative appeals. Any appeal of the denial of a stay of removal under this paragraph must accompany any appeal of the underlying substantive petition or application for benefits.

    `(3) During a period in which an alien is provided a stay of removal under this subsection, the alien shall not be removed or deported.

    `(4) Nothing in this subsection shall be construed as limiting the authority of the Secretary of Homeland Security to grant a stay of removal in any case not described in this subsection.'.

      (2) LIMITATION ON DETENTION- Section 236 of such Act (8 U.S.C. 1226) is amended by adding at the end the following new subsection:

    `(f) Limitation on Detention of Certain Victims of Violence- An alien for whom--

      `(1) a petition as a VAWA petitioner has been approved;

      `(2) an application for nonimmigrant status (whether as a principal or derivative child) under subparagraph (T) or (U) of section 101(a)(15) has been approved; or

      `(3) an application under section 240A(b)(2) or 244(a)(3) (as in effect on March 31, 1997) has been approved by the immigration judge (whether or not the case has been appealed);

    shall not be detained, unless the alien is subject to mandatory detention under section 236A or subsection (c). If the alien is subject to detention under subsection (c) the alien shall be released if the only basis for detention is a ground for which there is a waiver or exception available under section 204(a)(1)(C), 212(h), 212(d)(13), 212(d)(14), 237(a)(7), or 237(a)(2)(A)(V).'.

      (3) PROCESSING OF APPLICATIONS- Section 204(a)(1) of such Act (8 U.S.C. 1154(a)(1)) is amended by adding at the end the following new subparagraph:

    `(M) A petition as a VAWA petitioner shall be processed without regard to whether a proceeding to remove or deport such alien is brought or pending.'.

      (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 petitions and applications filed before, on, or after such date.

    (b) CONFORMING RELIEF IN SUSPENSION OF DEPORTATION PARALLEL TO THE RELIEF AVAILABLE IN VAWA-2000 CANCELLATION FOR BIGAMY-

      (1) IN GENERAL- Section 244(a)(3) of the Immigration and Nationality Act (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 VAWA-2000.

SEC. 226. REMOVING BARRIERS TO VAWA PROTECTION.

    (a) Fiance(e)s-

      (1) 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--

        (A) in subclause (I)(bb), by inserting after `during the marriage' the following: `or relationship intended by the alien to be legally a marriage or to conclude in a valid marriage';

        (B) in subclause (II)(aa)--

          (i) by striking `or' at the end of subitem (BB);

          (ii) by inserting `or' at the end of subitem (CC); and

          (iii) 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 in the United States by the United States citizen who filed the petition to accord status under such section;';

        (C) in subclause (II)(cc), by striking `or who' and inserting `, who' and by inserting before the semicolon at the end the following: `, or who is described in subitem (aa)(DD)'; and

        (D) in subclause (II)(dd), by inserting `or who is described in subitem (aa)(DD)' before the period at the end.

      (2) EXCEPTION FROM REQUIREMENT TO DEPART- Section 214(d) of such Act (8 U.S.C. 1184(d)) 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 subject to extreme cruelty in the United States by the United States citizen who filed the petition to accord status under such section'.

      (3) 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.

    (b) Relief for Abused Fiance(e)s-

      (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 in the United States 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 such Act (8 U.S.C. 1255(d)) is amended by inserting before the period at the end 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 (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, and the provisions of paragraph (3), shall take effect on the date of the enactment of this Act and shall apply to applications for adjustment of status, for cancellation of removal, or for suspension of deportation filed before, on, or after such date.

    (c) 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 and who was battered or was the subject of extreme cruelty perpetrated by such refugee or whose child was battered or subjected to extreme cruelty by such refugee (without the active participation of such spouse in the battery or cruelty), or

      `(C) was the child of a refugee within the meaning of section 101(a)(42)(A) at the time of the filing of the asylum application and who was battered or was the subject of extreme cruelty perpetrated by such refugee,'.

      (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, 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, 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.

    (d) Visa Waiver Entrants-

      (1) IN GENERAL- Section 217(b)(2) of such Act (8 U.S.C. 1187(b)(2)) is amended by inserting after `asylum,' the following: `as a VAWA petitioner, or for relief under subparagraph (T) or (U) of section 101(a)(15), under section 240A(b)(2), or under section 244(a)(3) (as in effect on March 31, 1997),'.

      (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.

    (e) Exception From Foreign Residence Requirement for Educational Visitors-

      (1) IN GENERAL- Section 212(e) of such Act (8 U.S.C. 1182(e)) is amended, in the matter before the first proviso, by inserting `unless the alien is a VAWA petitioner or an applicant for nonimmigrant status under subparagraph (T) or (U) of section 101(a)(15)' after `for an aggregate of at least two years following departure from the United States'.

      (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 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 the enactment of this Act.

SEC. 227. ELIMINATING ABUSERS' CONTROL OVER APPLICATIONS.

    (a) Application of Motions To Reopen for All VAWA Petitioners- 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 subclause (I), by striking `under clause (iii) or (iv) of section 204(a)(1)(A), clause (ii) or (iii) of section 204(a)(1)(B)' and inserting `as a VAWA petitioner'; and

      (2) in subclause (II), by inserting `or adjustment of status' after `cancellation of removal'.

    (b) 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 VAWA-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'; and

      (2) 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.'.

    (c) Effective Date- The amendments made by this section shall take effect on the date of the enactment of this Act.

SEC. 228. PAROLE FOR VAWA PETITIONERS AND FOR DERIVATIVES OF TRAFFICKING VICTIMS.

    (a) In General- Section 240A(b)(4) of the Immigration and Nationality Act (8 U.S.C. 1229b(b)(4)) is amended--

      (1) in the heading, by striking `CHILDREN OF BATTERED ALIENS' and inserting `BATTERED ALIENS, CHILDREN OF BATTERED ALIENS, AND DERIVATIVE FAMILY MEMBERS OF TRAFFICKING VICTIMS,';

      (2) in subparagraph (A)--

        (A) by striking `or' at the end of clause (i);

        (B) by striking the period at the end of clause (ii) and inserting a semicolon; and

        (C) by adding at the end the following new clauses:

          `(iii) VAWA petitioner whose petition was approved based on having been battered or subjected to extreme cruelty by a United States citizen spouse, parent, or son or daughter and who is admissible and eligible for an immigrant visa;

          `(iv) VAWA petitioner whose petition was approved based on having been battered or subjected to extreme cruelty by a lawful permanent resident spouse or parent, who is admissible and would be eligible for an immigrant visa but for the fact that an immigrant visa is not immediately available to the alien, and who filed a petition for classification under section 204(a)(1)(B), if at least 3 years has elapsed since the petitioner's priority date; or

          `(v) an alien would, but for an application or approval, meet the conditions for approval as a nonimmigrant described in section 101(a)(15)(T)(ii).'; and

      (3) in subparagraph (B)--

        (A) in the first sentence, by striking `The grant of parole' and inserting `(i) The grant of parole under subparagraph (A)(i) or (A)(ii)';

        (B) in the second sentence, by striking `covered under this paragraph' and inserting `covered under such subparagraphs';

        (C) in the last sentence, by inserting `of subparagraph (A)' after `clause (i) or (ii)'; and

        (D) by adding at the end the following new clauses:

        `(ii) The grant of parole under subparagraph (A)(iii) or (A)(iv) 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 subparagraphs 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).

        `(iii) The grant of parole under subparagraph (A)(v) 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)(T)(ii) has been finally adjudicated. Failure by such an alien to exercise due diligence in filing a visa petition on the alien's behalf may result in revocation of parole.'.

    (b) Conforming Reference- Section 212(d)(5) of such Act (8 U.S.C. 1182(d)(5)) is amended by adding at the end the following new subparagraph:

    `(C) Parole is provided for certain battered aliens, children of battered aliens, and parents of battered alien children under section 240A(b)(4).'.

    (c) Effective Date- The amendments made by this section shall take effect on the date of the enactment of this Act.

SEC. 229. CLARIFICATION OF ACCESS TO NATURALIZATION FOR VICTIMS OF DOMESTIC VIOLENCE.

    (a) In General- Section 319(a) of the Immigration and Nationality Act (8 U.S.C. 1430(a)) is amended by inserting after `extreme cruelty by a United States citizen spouse or parent' the following: `, regardless of whether the lawful permanent resident status was obtained on the basis of such battery or cruelty'.

    (b) Use of Credible Evidence- Such section is further amended by adding at the end the following: `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.'

    (c) 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. 230. PROTECTIONS AGAINST ADVERSE DETERMINATIONS OF ADMISSIBILITY OR DEPORTABILITY BASED ON PROTECTED INFORMATION.

    (a) Increasing Scope of Aliens and Information Protected- Subsection (a)(2) of section 384 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104-208; 8 U.S.C. 1367) is amended by inserting `notwithstanding section 552 of title 5, United States Code,' after `(2)'.

    (b) Section 825 of VAWA-2005 is amended by adding at the end the following new paragraph:

      `(3) CONSTRUCTION- Nothing in the amendments made by this subsection shall be construed to preclude an immigration judge from taking into account violations of section 384 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.'.

    (c) EFFECTIVE DATES- The amendment made by subsection (a) shall be effective on the date of the enactment of this Act and the amendment made by subsection (c) shall be effective as if included in the enactment of VAWA-2005.

SEC. 231. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary of Homeland Security such sums as may be necessary to provide for--

      (1) adjudication of petitions and adjustment applications of VAWA petitioners (as defined in section 101(a)(51) of the Immigration and Nationality Act, as added by section 811 of VAWA-2005) and of aliens seeking status as nonimmigrants under subparagraph (T) or (U) of section 101(a)(15) of such Act;

      (2) issuance of employment authorizations under section 204(a)(1)(K) of such Act, as added by section 814(b) of VAWA-2005, and under section 106 of such Act, as added by section 814(c) of VAWA-2005; and

      (3) processing of naturalization applications under section 319(a) of the Immigration and Nationality Act filed by aliens who have been battered or subjected to extreme cruelty.

SEC. 232. WAIVER OF CERTAIN GROUNDS OF INADMISSIBILITY FOR VAWA PETITIONERS.

    (a) 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 BATTERED ALIENS- 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'.

    (b) 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.

SEC. 233. CLARIFYING NONAPPLICATION OF CANCELLATION CAP TO CANCELLATION OF REMOVAL.

    (a) IN GENERAL- Section 240A(e)(3) of the Immigration and Nationality Act (8 U.S.C. 1229b(e)(3)) is amended by adding at the end the following new subparagraph:

        `(C) Aliens with respect to their cancellation of removal under subsection (b)(2).'.

    (b) EFFECTIVE DATE- The amendment made by subsection (a) shall apply to cancellations of removal occurring on or after October 1, 2006.

Subtitle D--Miscellaneous Additional Provisions

SEC. 241. CORRECTION OF CROSS-REFERENCE TO CREDIBLE EVIDENCE PROVISIONS.

    (a) Cuban Adjustment Provision- The last sentence of the first section of Public Law 89-732 (November 2, 1966; 8 U.S.C. 1255 note), as amended by section 1509(a) of VAWA-2000, is amended by striking `204(a)(1)(H)' and inserting `204(a)(1)(J)'.

    (b) NACARA- Section 202(d)(3) of the Nicaraguan Adjustment and Central American Relief Act (8 U.S.C. 1255 note; Public Law 105-100), as amended by section 1510(a)(2) of VAWA-2000, is amended by striking `204(a)(1)(H)' and inserting `204(a)(1)(J)'.

    (c) IIARAIRA- 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 VAWA-2000, is amended by striking `204(a)(1)(H)' and inserting `204(a)(1)(J)'.

    (d) HRIFA- Section 902(d)(1)(B)(iii) of the Haitian Refugee Immigration Fairness Act of 1998 (division A of section 101(h) of Public Law 105-277; 112 Stat. 2681-538), as amended by section 1511(a) of VAWA-2000, is amended by striking `204(a)(1)(H)' and inserting `204(a)(1)(J)'.

    (e) Effective Date- The amendments made by this section shall take effect as if included in the enactment of VAWA-2000.

SEC. 242. CONFORMING AMENDMENT CONFIRMING IIRAIRA'S GRANT OF PUBLIC AND ASSISTED HOUSING TO ALL QUALIFIED ALIENS, INCLUDING BATTERED IMMIGRANTS.

    (a) IN GENERAL- Section 214 of the Housing and Community Development Act of 1980 (42 U.S.C. 1436a) is amended--

      (1) in subsection (a)--

        (A) in paragraph (5), by striking `or' at the end;

        (B) by redesignating paragraph (7) as paragraph (8); and

        (C) by inserting after paragraph (6) the following new paragraph:

        `(7) a qualified alien described in section 431 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641), or'; and

      (2) in subsection (c)--

        (A) in paragraph (1)(A), by striking `(6)' and inserting `(7)'; and

        (B) in paragraph (2)(A), in the matter preceding clause (i), by inserting `(other than a qualified alien described in section 431 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641)' after `any alien'.

    (b) EFFECTIVE DATE- The amendments made by this section apply to applications for public benefits and public benefits provided on or after the date of the enactment of this Act without regard to whether regulations to carry out such amendments are implemented, as required under section 205(b).

SEC. 243. MISCELLANEOUS TECHNICAL CORRECTIONS.

    (a) Punctuation Correction- Effective as if included in the enactment of section 5(c)(2) of VAWA-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) TERMINOLOGY- Effective as if included in the enactment of section 811 of VAWA-2005, section 237(a)(1)(H)(ii) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(1)(H)(ii)) is amended by striking `is an alien who qualifies for classification under clause (iii) or (iv) of section 204(a)(1)(A) or clause (ii) or (iii) of section 204(a)(1)(B)' and inserting `is a VAWA petitioner'.

    (c) Correction of Designation- The last sentence of section 212(a)(9)(C)(ii) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(9)(C)(ii)), as added by section 1505(a) of VAWA-2000, is amended by striking `section 212(a)(9)(C)(i)' and inserting `clause (i)'.

    (d) 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'.