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Congressional Record: June 7, 2000 (Senate)]
[Page S4694-S4716]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
[DOCID:cr07jn00-146]                         



 
                          AMENDMENTS SUBMITTED

                                 ______
                                 

NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2001

                                 ______
                                 

                JOHNSON (AND OTHERS) AMENDMENT NO. 3191

  Mr. JOHNSON (for himself, Mr. McCain, Mr. Bingaman, Mrs. Murray, Mr. 
Reid, Mr. Jeffords, Mr. Dorgan, Mr. Robb, and Mr. Wellstone) proposed 
an amendment to the bill (S. 2549) to authorize appropriations for 
fiscal year 2001 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe personnel strengths for such fiscal year for 
the Armed Forces, and for other purposes; as follows:


BIDEN AMENDMENT NO. 3199

  (Ordered to lie on the table.)
  Mr. BIDEN submitted an amendment intended to be proposed by him to 
the bill (S. 2549), supra; as follows:

       At the appropriate place, insert the following:

                 DIVISION ____--VIOLENCE AGAINST WOMEN

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This title may be cited as the ``Violence 
     Against Women Act II''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Accountability and oversight.


		TITLE V--BATTERED IMMIGRANT WOMEN

Sec. 501. Short title.
Sec. 502. Findings and purposes.
Sec. 503. Improved access to immigration protections of the Violence 
              Against Women Act of 1994 for battered immigrant women.
Sec. 504. Improved access to cancellation of removal and suspension of 
              deportation under the Violence Against Women Act of 1994.
Sec. 505. Offering equal access to immigration protections of the 
              Violence Against Women Act of 1994 for all qualified 
              battered immigrant self-petitioners.
Sec. 506. Restoring immigration protections under the Violence Against 
              Women Act of 1994.
Sec. 507. Remedying problems with implementation of the immigration 
              provisions of the Violence Against Women Act of 1994.
Sec. 508. Technical correction to qualified alien definition for 
              battered immigrants.
Sec. 509. Protection for certain crime victims including crimes against 
              women.
Sec. 510. Access to Cuban Adjustment Act for battered immigrant spouses 
              and children.
Sec. 511. Access to the Nicaraguan Adjustment and Central American 
              Relief Act for battered spouses and children.
Sec. 512. Access to the Haitian Refugee Fairness Act of 1998 for 
              battered spouses and children.
Sec. 513. Access to services and legal representation for battered 
              immigrants.



TITLE V--BATTERED IMMIGRANT WOMEN

     SEC. 501. SHORT TITLE.

       This title may be cited as the ``Battered Immigrant Women 
     Protection Act of 2000''.

     SEC. 502. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) the goal of the immigration protections for battered 
     immigrants included in the Violence Against Women Act of 1994 
     was to remove immigration laws as a barrier that kept 
     battered immigrant women and children locked in abusive 
     relationships;
       (2) providing battered immigrant women and children who 
     were experiencing domestic violence at home with protection 
     against deportation allows them to obtain protection orders 
     against their abusers and frees them to cooperate with law 
     enforcement and prosecutors in criminal cases brought against 
     their abusers and the abusers of their children without 
     fearing that the abuser will retaliate by withdrawing or 
     threatening withdrawal of access to an immigration benefit 
     under the abuser's control; and
       (3) there are several groups of battered immigrant women 
     and children who do not have access to the immigration 
     protections of the Violence Against Women Act of 1994 which 
     means that their abusers are virtually immune from 
     prosecution because their victims can be deported as a result 
     of action by their abusers and the Immigration and 
     Naturalization Service cannot offer them protection no matter 
     how compelling their case under existing law.
       (b) Purposes.--The purposes of this title are--
       (1) to remove barriers to criminal prosecutions of persons 
     who commit acts of battery or extreme cruelty against 
     immigrant women and children; and
       (2) to offer protection against domestic violence occurring 
     in family and intimate relationships that are covered in 
     State and tribal protection orders, domestic violence, and 
     family law statutes.

     SEC. 503. IMPROVED ACCESS TO IMMIGRATION PROTECTIONS OF THE 
                   VIOLENCE AGAINST WOMEN ACT OF 1994 FOR BATTERED 
                   IMMIGRANT WOMEN.

       (a) Intended Spouse Defined.--Section 101(a) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)) is amended 
     by adding at the end the following:
       ``(50) The term `intended spouse' means any alien who meets 
     the criteria set forth in section 204(a)(3)(A)(ii) or 
     204(a)(4)(A)(ii).''.
       (b) Immediate Relative Status for Self-Petitioners Married 
     to U.S. Citizens.--
       (1) Self-petitioning spouses.--
       (A) Battery or cruelty to alien or alien's child.--Section 
     204(a)(1)(A)(iii) of the Immigration and Nationality Act (8 
     U.S.C. 1154(a)(1)(A)(iii)) is amended to read as follows:
       ``(iii) An alien who is described in paragraph (3) may file 
     a petition with the Attorney General under this clause for 
     classification of the alien (and any child of the alien) if 
     the alien demonstrates to the Attorney General that--
       ``(I) the marriage or the intent to marry the United States 
     citizen was entered into in good faith by the alien; and
       ``(II) during the marriage or relationship intended by the 
     alien to be legally a marriage, the alien or a child of the 
     alien has been battered or has been the subject of extreme 
     cruelty perpetrated by the alien's spouse or intended 
     spouse.''.
       (B) Description of protected spouse or intended spouse.--
     Section 204(a) of the Immigration and Nationality Act (8 
     U.S.C. 1154(a)) is amended by adding at the end the 
     following:
       ``(3) For purposes of paragraph (1)(A)(iii), an alien 
     described in this paragraph is an alien--
       ``(A)(i) who is the spouse of a citizen of the United 
     States; or
       ``(ii)(I) who believed that he or she had married a citizen 
     of the United States and with whom a marriage ceremony was 
     actually performed; and
       ``(II) who otherwise meets any applicable requirements 
     under this Act to establish the existence of and bona fides 
     of a marriage, but whose marriage is not legitimate solely 
     because of the bigamy of such citizen of the United States; 
     or
       ``(iii) who was a bona fide spouse of a United States 
     citizen within the past 2 years and--
       ``(I) whose spouse died within the past 2 years;
       ``(II) whose spouse lost or renounced citizenship status 
     related to an incident of domestic violence; or
       ``(III) who demonstrates a connection between the legal 
     termination of the marriage and battering or extreme cruelty 
     by the United States citizen spouse;
       ``(B) who is a person of good moral character;
       ``(C) who is eligible to be classified as an immediate 
     relative under section 201(b)(2)(A)(i) or who would have been 
     so classified but for the bigamy of the citizen of the United 
     States that the alien intended to marry; and
       ``(D) who has resided with the alien's spouse or intended 
     spouse.''.
       (2) Self-petitioning children.--Section 204(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 who is the child of a citizen of the United 
     States, or who was a child of a United States citizen parent 
     who lost or renounced citizenship status related to an 
     incident of domestic violence, and who is a person of good 
     moral character, who is eligible to be classified as an 
     immediate relative under section 201(b)(2)(A)(i), and who 
     resides, or has resided in the past, with the citizen parent 
     may file a petition with the Attorney General under this 
     subparagraph for classification of the alien (and any child 
     of the alien) under such section if the alien demonstrates to 
     the Attorney General that the alien has been battered by or 
     has been the subject of extreme cruelty perpetrated by the 
     alien's citizen parent. For purposes of this clause, 
     residence includes any period of visitation.''.
       (3) Filing of petitions.--Section 204(a)(1)(A) of the 
     Immigration and Nationality Act (8 U.S.C. 1154 (a)(1)(A)(iv)) 
     is amended by adding at the end the following:
       ``(v) An alien who is the spouse, intended spouse, or child 
     of a United States citizen

[[Page S4705]]

     living abroad and who is eligible to file a petition under 
     clause (iii) or (iv) shall file such petition with the 
     Attorney General under the procedures that apply to self-
     petitioners under clauses (iii) or (iv).''.
       (c) Second Preference Immigration Status for Self-
     Petitioners Married to Lawful Permanent Residents.--
       (1) Self-petitioning spouses.--Section 204(a)(1)(B)(ii) of 
     the Immigration and Nationality Act (8 U.S.C. 
     1154(a)(1)(B)(ii)) is amended to read as follows:
       ``(ii) An alien who is described in paragraph (4) may file 
     a petition with the Attorney General under this clause for 
     classification of the alien (and any child of the alien) if 
     such a child has not been classified under clause (iii) of 
     section 203(a)(2)(A) and if the alien demonstrates to the 
     Attorney General that--
       ``(I) the marriage or the intent to marry the lawful 
     permanent resident was entered into in good faith by the 
     alien; and
       ``(II) during the marriage or relationship intended by the 
     alien to be legally a marriage, the alien or a child of the 
     alien has been battered or has been the subject of extreme 
     cruelty perpetrated by the alien's spouse or intended 
     spouse.''.
       (2) Description of protected spouse or intended spouse.--
     Section 204(a) of the Immigration and Nationality Act (8 
     U.S.C. 1154) (as amended by subsection (b)(1)(B) of this 
     section) is amended by adding at the end the following:
       ``(4) For purposes of paragraph (1)(B)(ii), an alien 
     described in this paragraph is an alien--
       ``(A)(i) who is the spouse of a lawful permanent resident 
     of the United States; or
       ``(ii)(I) who believed that he or she had married a lawful 
     permanent resident of the United States and with whom a 
     marriage ceremony was actually performed; and
       ``(II) who otherwise meets any applicable requirements 
     under this Act to establish the existence of and bona fides 
     of a marriage, but whose marriage is not legitimate solely 
     because of the bigamy of such lawful permanent resident of 
     the United States; or
       ``(III) who was a bona fide spouse of a lawful permanent 
     resident within the past 2 years and--
       ``(aa) whose spouse lost status due to an incident of 
     domestic violence; or
       ``(bb) who demonstrates a connection between the legal 
     termination of the marriage and battering or extreme cruelty 
     by the lawful permanent resident spouse;
       ``(B) who is a person of good moral character;
       ``(C) who is eligible to be classified as a spouse of an 
     alien lawfully admitted for permanent residence under section 
     203(a)(2)(A) or who would have been so classified but for the 
     bigamy of the lawful permanent resident of the United States 
     that the alien intended to marry; and
       ``(D) who has resided with the alien's spouse or intended 
     spouse.''.
       (3) Self-petitioning children.--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 who is the child of an alien lawfully 
     admitted for permanent residence, or who was the child of a 
     lawful permanent resident who lost lawful permanent resident 
     status due to an incident of domestic violence, and who is a 
     person of good moral character, who is eligible for 
     classification under section 203(a)(2)(A), and who resides, 
     or has resided in the past, with the alien's permanent 
     resident alien parent may file a petition with the Attorney 
     General under this subparagraph for classification of the 
     alien (and any child of the alien) under such section if the 
     alien demonstrates to the Attorney General that the alien has 
     been battered by or has been the subject of extreme cruelty 
     perpetrated by the alien's permanent resident parent. For 
     purposes of this clause, residence includes any period of 
     visitation.''.
       (4) Filing of petitions.--Section 204(a)(1)(B) of the 
     Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(B)) is 
     amended by adding at the end the following:
       ``(iv) An alien who is the spouse, intended spouse, or 
     child of a lawful permanent resident living abroad is 
     eligible to file a petition under clause (ii) or (iii) shall 
     file such petition with the Attorney General under the 
     procedures that apply to self-petitioners under clauses (ii) 
     or (iii).''.
       (d) Good Moral Character for Self-Petitioners and Treatment 
     of Child Self-Petitioners and Petitions Including Derivative 
     Children Attaining 21 Years of Age.--Section 204(a)(1) of the 
     Immigration and Nationality Act (8 U.S.C. 1154(a)(1)) is 
     amended--
       (1) by redesignating subparagraphs (C) through (H) as 
     subparagraphs (E) through (J), respectively; and
       (2) by inserting after subparagraph (B) the following:
       ``(C) Notwithstanding section 101(f), an act or conviction 
     that qualifies for an exception or is waivable with respect 
     to the petitioner for purposes of a determination of the 
     petitioner's admissibility under section 212(a) or 
     deportability under section 237(a) shall not bar the Attorney 
     General from finding the petitioner to be of good moral 
     character under subparagraph (A)(iii), (A)(iv), (B)(ii), or 
     (B)(iii) if the Attorney General finds that the act or 
     conviction was connected to the alien's having been battered 
     or subjected to extreme cruelty. In making determinations 
     under this paragraph, the Attorney General shall consider any 
     credible evidence relevant to the determination.
       ``(D)(i)(I) Any child who attains 21 years of age who has 
     filed a petition under clause (iv) of section 204(a)(1)(A) 
     that was filed or approved before the date on which the child 
     attained 21 years of age shall be considered (if the child 
     has not been admitted or approved for lawful permanent 
     residence by the date the child attained 21 years of age) a 
     petitioner for preference status under paragraph (1), (2), or 
     (3) of section 203(a), whichever paragraph is applicable, 
     with the same priority date assigned to the self-petition 
     filed under clause (iv) of section 204(a)(1)(A). No new 
     petition shall be required to be filed.
       ``(II) Any individual described in subclause (I) is 
     eligible for deferred action and work authorization.
       ``(III) Any derivative child who attains 21 years of age 
     who is included in a petition described in clause (ii) that 
     was filed or approved before the date on which the child 
     attained 21 years of age shall be considered (if the child 
     has not been admitted or approved for lawful permanent 
     residence by the date the child attained 21 years of age) a 
     petitioner for preference status under paragraph (1), (2), or 
     (3) of section 203(a), whichever paragraph is applicable, 
     with the same priority date as that assigned to the 
     petitioner in any petition described in clause (ii). No new 
     petition shall be required to be filed.
       ``(IV) Any individual described in subclause (III) and any 
     derivative child of a petition described in clause (ii) is 
     eligible for deferred action and work authorization.
       ``(ii) The petition referred to in clause (i)(III) is a 
     petition filed by an alien under subparagraph (A)(iii), 
     (A)(iv), (B)(ii) or (B)(iii) in which the child is included 
     as a derivative beneficiary.''.
       (e) Access to Naturalization for Divorced Victims of 
     Abuse.--Section 319(a) of the Immigration and Nationality Act 
     (8 U.S.C. 1430(a)) is amended--
       (1) by inserting ``, or any person who obtained status as a 
     lawful permanent resident by reason of his or her status as a 
     spouse or child of a United States citizen who battered him 
     or her or subjected him or her to extreme cruelty,'' after 
     ``United States'' the first place such term appears; and
       (2) by inserting ``(except in the case of a person who has 
     been battered or subjected to extreme cruelty by a United 
     States citizen spouse or parent)'' after ``has been living in 
     marital union with the citizen spouse''.

     SEC. 504. IMPROVED ACCESS TO CANCELLATION OF REMOVAL AND 
                   SUSPENSION OF DEPORTATION UNDER THE VIOLENCE 
                   AGAINST WOMEN ACT OF 1994.

       (a) Cancellation of Removal and Adjustment of Status for 
     Certain Nonpermanent Residents.--Section 240A(b)(2) of the 
     Immigration and Nationality Act (8 U.S.C. 1229b(b)(2)) is 
     amended to read as follows:
       ``(2) Special rule for battered spouse or child.--
       ``(A) Authority.--The Attorney General may cancel removal 
     of, and adjust to the status of an alien lawfully admitted 
     for permanent residence, an alien who is inadmissible or 
     deportable from the United States if the alien demonstrates 
     that--
       ``(i)(I) the alien has been battered or subjected to 
     extreme cruelty by a spouse or parent who is or was a United 
     States citizen (or is the parent of a child of a United 
     States citizen and the child has been battered or subjected 
     to extreme cruelty in the United States by such citizen 
     parent);
       ``(II) the alien has been battered or subjected to extreme 
     cruelty by a spouse or parent who is or was a lawful 
     permanent resident (or is the parent of a child of an alien 
     who is or was a lawful permanent resident and the child has 
     been battered or subjected to extreme cruelty by such 
     permanent resident parent); or
       ``(III) the alien has been battered or subjected to extreme 
     cruelty 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 
     lawful permanent resident's bigamy;
       ``(ii) the alien has been physically present in the United 
     States for a continuous period of not less than 3 years 
     immediately preceding the date of such application, and the 
     issuance of a charging document for removal proceedings shall 
     not toll the 3-year period of continuous physical presence in 
     the United States;
       ``(iii) the alien has been a person of good moral character 
     during such period, subject to the provisions of subparagraph 
     (C);
       ``(iv) the alien is not inadmissible under paragraph (2) or 
     (3) of section 212(a), is not deportable under paragraphs 
     (1)(G) or (2) through (4) of section 237(a), and has not been 
     convicted of an aggravated felony unless the act or 
     conviction qualifies for an exemption or is waivable with 
     respect to the alien for purposes of a determination of the 
     alien's admissibility under section 212(a) or deportability 
     under section 237(a); and
       ``(v) the removal would result in extreme hardship to the 
     alien, the alien's child, or the alien's parent.
       ``(B) Physical presence.--Notwithstanding subsection 
     (d)(2), for purposes of subparagraph (A)(i)(II) or for 
     purposes of section 244(a)(3) (as in effect before the 
     effective date of enactment of the Illegal Immigration Reform 
     and Immigrant Responsibility Act of 1996)--
       ``(i) an absence in excess of 90 days shall not bar the 
     Attorney General from finding that the alien maintained 
     continuous physical presence if the alien has been physically

[[Page S4706]]

     present for a total of 3 years and demonstrates that the 
     interrupting absence or a portion thereof was connected to 
     the alien's having been battered or subjected to extreme 
     cruelty; and
       ``(ii) absences that in the aggregate exceed 180 days shall 
     not bar the Attorney General from finding that the alien 
     maintained continuous physical presence if the alien has been 
     physically present for a total of 3 years and demonstrates 
     that the interrupting absences or portions thereof were 
     connected to the alien's having been battered or subjected to 
     extreme cruelty.
       ``(C) Good moral character.--Notwithstanding section 
     101(f), an act or conviction that qualifies for an exception 
     or is waivable with respect to the alien for purposes of a 
     determination of the alien's admissibility under section 
     212(a) or deportability under section 237(a) shall not bar 
     the Attorney General from finding the alien to be of good 
     moral character under subparagraph (A)(i)(III) or section 
     244(a)(3) (as in effect before the effective date of 
     enactment of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996), if the Attorney General finds 
     that the act or conviction was connected to the alien's 
     having been battered or subjected to extreme cruelty and 
     determines that a waiver is otherwise warranted.
       ``(D) Credible evidence considered.--In acting on 
     applications under this paragraph, the Attorney General shall 
     consider any credible evidence relevant to the application. 
     The determination of what evidence is credible and the weight 
     to be given that evidence shall be within the sole discretion 
     of the Attorney General.''.
       (b) Children of Battered Aliens and Parents of Battered 
     Alien Children.--Section 240A(b) of the Immigration and 
     Nationality Act (8 U.S.C. 1229b(b)) is amended by adding at 
     the end the following:
       ``(4) Children of battered aliens and parents of battered 
     alien children.--
       ``(A) In general.--The Attorney General shall grant parole 
     under section 212(d)(5) to any alien who is a--
       ``(i) child of an alien granted relief under section 
     240A(b)(2) or 244(a)(3) (as in effect before the effective 
     date of enactment of the Illegal Immigration Reform and 
     Immigrant Responsibility Act of 1996); or
       ``(ii) parent of a child alien granted relief under section 
     240A(b)(2) or 244(a)(3) (as in effect before the effective 
     date of enactment of the Illegal Immigration Reform and 
     Immigrant Responsibility Act of 1996).
       ``(B) Duration of parole.--The grant of parole shall extend 
     from the time of the grant of relief under section 240A(b)(2) 
     or section 244(a)(3) (as in effect before the effective date 
     of enactment of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996) to the time the application for 
     adjustment of status filed by aliens covered under this 
     paragraph has been finally adjudicated. Applications for 
     adjustment of status filed by aliens covered under this 
     paragraph 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).''.
       (c) Effective Date.--Any individual who becomes eligible 
     for relief by reason of the enactment of the amendments made 
     by subsections (a) and (b), shall be eligible to file a 
     motion to reopen pursuant to section 240(c)(6)(C)(iv). So 
     much of the amendment as is included in section 240A(b)(2) 
     (A)(iii), (B), (D), and (E) shall take effect as if included 
     in the enactment of section 304 of the Illegal Immigration 
     Reform and Immigrant Responsibility Act of 1996 (Public Law 
     104-208; 110 Stat. 587).

     SEC. 505. OFFERING EQUAL ACCESS TO IMMIGRATION PROTECTIONS OF 
                   THE VIOLENCE AGAINST WOMEN ACT OF 1994 FOR ALL 
                   QUALIFIED BATTERED IMMIGRANT SELF-PETITIONERS.

       (a) Eliminating Connection Between Battery and Unlawful 
     Entry.--Section 212(a)(6)(A)(ii) of the Immigration and 
     Nationality Act (8 U.S.C. 1182(a)(6)(A)(ii)) is amended--
       (1) by striking subclause (I) and inserting the following:

        ``(I) the alien qualifies for classification under 
     subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of 
     section 204(a)(i); and'';

       (2) in subclause (II), by striking ``, and'' and inserting 
     a period; and
       (3) by striking subclause (III).
       (b) Eliminating Connection Between Battery and Violation of 
     the Terms of an Immigrant Visa.--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 by striking 
     ``who would be described in paragraph (6)(A)(ii)'' and all 
     that follows before the period and inserting ``who is 
     described in paragraph (6)(A)(ii)''.
       (c) Battered Immigrant Waiver.--Section 212(a)(9)(C)(ii) of 
     the Immigration and Nationality Act (8 U.S.C. 
     1182(a)(9)(C)(ii)) is amended by adding at the end the 
     following: ``The Attorney General in the Attorney General's 
     discretion may waive the provisions of section 
     212(a)(9)(C)(i) in the case of an alien to whom the Attorney 
     General has granted classification under clause (iii), (iv), 
     (v), or (vi) of section 204(a)(1)(A), or classification under 
     clause (ii), (iii), or (iv) of section 204(a)(1)(B), in any 
     case in which there is a connection between--
       ``(1) the aliens having been battered or subjected to 
     extreme cruelty; and
       ``(2) the alien's--
       ``(A) removal;
       ``(B) departure from the United States;
       ``(C) reentry or reentries into the United States; or
       ``(D) attempted reentry into the United States.
       (d) Domestic Violence Victim Waiver.--
       (1) Waiver for victims of domestic violence.--Section 
     237(a) of the Immigration and Nationality Act (8 U.S.C. 
     1227(a)) is amended by inserting at the end the following:
       ``(7) Waiver for victims of domestic violence.--
       ``(A) In general.--The Attorney General is not limited by 
     the criminal court record and may waive the application of 
     paragraph (2)(E)(i) (with respect to crimes of domestic 
     violence and crimes of stalking) and (ii) in the case of an 
     alien who has been battered or subjected to extreme cruelty 
     and who is not and was not the primary perpetrator of 
     violence in the relationship--
       ``(i) upon a determination that--

       ``(I) the alien was acting is self-defense;
       ``(II) the alien was found to have violated a protection 
     order intended to protect the alien; or
       ``(III) the alien committed, was arrested for, was 
     convicted of, or pled guilty to committing a crime--

       ``(aa) that did not result in serious bodily injury; and
       ``(bb) where there was a connection between the crime and 
     the alien's having been battered or subjected to extreme 
     cruelty.
       ``(B) Credible evidence considered.--In acting on 
     applications under this paragraph, the Attorney General shall 
     consider any credible evidence relevant to the application. 
     The determination of what evidence is credible and the weight 
     to be given that evidence shall be within the sole discretion 
     of the Attorney General.''.
       (2) Conforming amendment.--Section 240A(b)(1)(C) of the 
     Immigration and Nationality Act (8 U.S.C. 1229b(b)(1)(C)) is 
     amended by inserting ``(unless the act or conviction 
     qualifies for an exception or is waivable for the purposes of 
     a determination of the alien's admissibility under section 
     212(a) or deportability under section 237(a))'' after 
     ``237(a)(3)''.
       (e) Misrepresentation Waivers for Battered Spouses of 
     United States Citizens and Lawful Permanent Residents.--
       (1) Waiver of inadmissibility.--Section 212(i)(1) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(i)(1)) is 
     amended by inserting before the period at the end the 
     following: ``or, in the case of an alien granted 
     classification under clause (iii) or (iv) of section 
     204(a)(1)(A) or clause (ii) or (iii) of section 204(a)(1)(B), 
     or who would otherwise qualify for relief under section 
     240A(b)(2) or under section 244(a)(3) (as in effect before 
     the date of enactment of the Illegal Immigration Reform and 
     Immigrant Responsibility Act of 1996), the alien demonstrates 
     extreme hardship to the alien or the alien's United States 
     citizen, lawful permanent resident, or qualified alien parent 
     or child''.
       (2) Waiver of deportability.--Section 237(a)(1)(H) of the 
     Immigration and Nationality Act (8 U.S.C. 1227(a)(1)(H)) is 
     amended--
       (A) in clause (i), by inserting ``(I)'' after ``(i)'';
       (B) by redesignating clause (ii) as subclause (II); and
       (C) by adding after clause (i) the following:
       ``(ii) 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), or who qualifies for relief 
     under section 240A(b)(2) or under section 244(a)(3) (as in 
     effect before the date of enactment of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 
     1996).''.
       (f) Battered Immigrant Waiver.--Section 212(g)(1) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(g)(1)) is 
     amended--
       (1) in subparagraph (A), by striking ``or'' at the end;
       (2) in subparagraph (B), by adding ``or'' at the end; and
       (3) by inserting after subparagraph (B) the following:
       ``(C) qualifies for classification under clause (iii) or 
     (iv) of section 204(a)(1)(A) or classification under clause 
     (ii) or (iii) of section 204(a)(1)(B), relief under section 
     240A(b)(2), or relief under section 244(a)(3) (as in effect 
     before the enactment of the Illegal Immigration Reform and 
     Immigrant Responsibility Act of 1996);''.
       (g) Waivers for VAWA Eligible Battered Immigrants.--Section 
     212(h)(1) of the Immigration and Nationality Act (8 U.S.C. 
     1182(h)(1)) is amended--
       (1) in subparagraph (B), by striking ``and'' and inserting 
     ``or'';
       (2) by adding at the end the following:
       ``(C) the alien qualifies for classification under clause 
     (iii) or (iv) of section 204(a)(1)(A), classification under 
     clause (ii) or (iii) of section 204(a)(1)(B), relief under 
     section 240A(b)(2) or relief under section 244(a)(3) (as in 
     effect before the enactment of the Illegal Immigration Reform 
     and Immigrant Responsibility Act of 1996); and''.
       (h) Public Charge.--Section 212(a)(4)(B) of the Immigration 
     and Nationality Act (8 U.S.C. 1182(a)(4)(B)) is amended by 
     adding at the end the following:
       ``(iii) In determining under this paragraph whether or not 
     an alien described in section 212(a)(4)(C)(i) is inadmissible 
     under this paragraph or ineligible to receive an immigrant 
     visa or otherwise to adjust to the status of permanent 
     resident, the consular officer or the Attorney General shall 
     not consider any benefits the alien may have received that

[[Page S4707]]

     were authorized under section 501 of the Illegal Immigration 
     Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 
     1641(c)).''.
       (i) Report.--Not later than 6 months after the date of 
     enactment of this Act, the Attorney General shall submit a 
     report to the Committees on the Judiciary of the Senate and 
     the House of Representatives covering, with respect to the 
     fiscal year 1997 and each fiscal year thereafter--
       (1) the policy and procedures of the Immigration and 
     Naturalization Service by which an alien who has been 
     battered or subjected to extreme cruelty who is eligible for 
     suspension of deportation or cancellation of removal can 
     request to be placed, and be placed, in deportation or 
     removal proceedings so that such alien may apply for 
     suspension of deportation or cancellation of removal;
       (2) the number of requests filed at each district office 
     under this policy;
       (3) the number of these requests granted reported 
     separately for each district; and
       (4) the average length of time at each Immigration and 
     Naturalization office between the date that an alien who has 
     been subject to battering or extreme cruelty eligible for 
     suspension of deportation or cancellation of removal requests 
     to be placed in deportation or removal proceedings and the 
     date that the immigrant appears before an immigration judge 
     to file an application for suspension of deportation or 
     cancellation of removal.

     SEC. 506. RESTORING IMMIGRATION PROTECTIONS UNDER THE 
                   VIOLENCE AGAINST WOMEN ACT OF 1994.

       (a) Removing Barriers to Adjustment of Status for Victims 
     of Domestic Violence.--
       (1) Immigration amendments.--Section 245 of the Immigration 
     and Nationality Act (8 U.S.C. 1255) is amended--
       (A) in subsection (a), by inserting ``or the status of any 
     other alien having an approved petition for classification 
     under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of 
     section 204(a)(1) or'' after ``into the United States.''; and
       (B) in subsection (c), by striking ``Subsection (a) shall 
     not be applicable to'' and inserting the following: ``Other 
     than an alien having an approved petition for classification 
     under subparagraph (A)(iii), (A)(iv), (A)(v), (A)(vi), 
     (B)(ii), (B)(iii), or B(iv) of section 204(a)(1), subsection 
     (a) shall not be applicable to''.
       (2) Effective date.--The amendments made by paragraph (1) 
     shall apply to applications for adjustment of status pending 
     on or made on or after January 14, 1998.
       (b) Removing Barriers to Cancellation of Removal and 
     Suspension of Deportation for Victims of Domestic Violence.--
       (1) Not treating service of notice as terminating 
     continuous period.--Section 240A(d)(1) of the Immigration and 
     Nationality Act (8 U.S.C. 1229b(d)(1)) is amended by striking 
     ``when the alien is served a notice to appear under section 
     239(a) or'' and inserting ``(A) except in the case of an 
     alien who applies for cancellation of removal under 
     subsection (b)(2) when the alien is served a notice to appear 
     under section 239(a), or (B)''.
       (2) Exemption from annual limitation on cancellation of 
     removal for battered spouse or child.--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:
       ``(C) Aliens in removal proceedings who applied for 
     cancellation of removal under subsection (b)(2).''.
       (3) Effective date.--The amendments made by paragraphs (1) 
     and (2) shall take effect as if included in the enactment of 
     section 304 of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 
     587).
       (4) Modification of certain transition rules for battered 
     spouse or child.--Section 309(c)(5)(C) of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (8 U.S.C. 1101 note) is amended--
       (A) by striking the subparagraph heading and inserting the 
     following:
       ``(C) Special rule for certain aliens granted temporary 
     protection from deportation and for battered spouses and 
     children.--''; and
       (B) in clause (i)--
       (i) in subclause (IV), by striking ``or'' at the end;
       (ii) in subclause (V), by striking the period at the end 
     and inserting ``; or''; and
       (iii) by adding at the end the following:

       ``(VI) is an alien who was issued an order to show cause or 
     was in deportation proceedings before April 1, 1997, and who 
     applied for suspension of deportation under section 244(a)(3) 
     of the Immigration and Nationality Act (as in effect before 
     the date of the enactment of this Act).''.

       (5) Effective date.--The amendments made by paragraph (4) 
     shall take effect as if included in the enactment of section 
     309 of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (8 U.S.C. 1101 note).
       (c) Eliminating Time Limitations on Motions To Reopen 
     Removal and Deportation Proceedings for Victims of Domestic 
     Violence.--
       (1) Removal proceedings.--
       (A) In general.--Section 240(c)(6)(C) of the Immigration 
     and Nationality Act (8 U.S.C. 1229a(c)(6)(C)) is amended by 
     adding at the end the following:
       ``(iv) Special rule for battered spouses and children.--
     There is no time limit on the filing of a motion to reopen, 
     and the deadline specified in subsection (b)(5)(C) for filing 
     such a motion does not apply--

       ``(I) if the basis for the motion is to apply for relief 
     under clause (iii) or (iv) of section 204(a)(1)(A), clause 
     (ii) or (iii) of section 204(a)(1)(B), or section 240A(b)(2); 
     and
       ``(II) if the motion is accompanied by a cancellation of 
     removal application to be filed with the Attorney General or 
     by a copy of the self-petition that has been or will be filed 
     with the Immigration and Naturalization Service upon the 
     granting of the motion to reopen.''.

       (B) Effective date.--The amendment made by subparagraph (A) 
     shall take effect as if included in the enactment of section 
     304 of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (8 U.S.C. 1229-1229c).
       (2) Deportation proceedings.--
       (A) In general.--Notwithstanding any limitation imposed by 
     law on motions to reopen or rescind deportation proceedings 
     under 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 (8 U.S.C. 1101 note)), there is no time limit on the 
     filing of a motion to reopen such proceedings, and the 
     deadline specified in section 242B(c)(3) of the Immigration 
     and Nationality Act (as so in effect) (8 U.S.C. 1252b(c)(3)) 
     does not apply--
       (i) if the basis of the motion is to apply for relief under 
     clause (iii) or (iv) of section 204(a)(1)(A) of the 
     Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)), 
     clause (ii) or (iii) of section 204(a)(1)(B) of such Act (8 
     U.S.C. 1154(a)(1)(B)), or section 244(a)(3) of such Act (as 
     so in effect) (8 U.S.C. 1254(a)(3)); and
       (ii) if the motion is accompanied by a suspension of 
     deportation application to be filed with the Attorney General 
     or by a copy of the self-petition that will be filed with the 
     Immigration and Naturalization Service upon the granting of 
     the motion to reopen.
       (B) Applicability.--Subparagraph (A) shall apply to motions 
     filed by aliens who--
       (i) are, or were, in deportation proceedings under 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 
     (8 U.S.C. 1101 note)); and
       (ii) have become eligible to apply for relief under clause 
     (iii) or (iv) of section 204(a)(1)(A) of the Immigration and 
     Nationality Act (8 U.S.C. 1154(a)(1)(A)), clause (ii) or 
     (iii) of section 204(a)(1)(B) of such Act (8 U.S.C. 
     1154(a)(1)(B)), or section 244(a)(3) of such 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 (8 U.S.C. 1101 note)) as a result 
     of the amendments made by--

       (I) subtitle G of title IV of the Violent Crime Control and 
     Law Enforcement Act of 1994 (Public Law 103-322; 108 Stat. 
     1953 et seq.); or
       (II) this title.

     SEC. 507. REMEDYING PROBLEMS WITH IMPLEMENTATION OF THE 
                   IMMIGRATION PROVISIONS OF THE VIOLENCE AGAINST 
                   WOMEN ACT OF 1994.

       (a) Effect of Changes in Abusers' Citizenship Status on 
     Self-Petition.--
       (1) Reclassification.--Section 204(a)(1)(A) of the 
     Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)) (as 
     amended by section 503(b)(3) of this title) is amended by 
     adding at the end the following:
       ``(vi) For the purposes of any petition filed under clause 
     (iii) or (iv), the denaturalization, loss or renunciation of 
     citizenship, death of the abuser, divorce, or changes to the 
     abuser's citizenship status after filing of the petition 
     shall not adversely affect the approval of the petition, and 
     for approved petitions shall not preclude the classification 
     of the eligible self-petitioning spouse or child as an 
     immediate relative or affect the alien's ability to adjust 
     status under subsections (a) and (c) of section 245 or obtain 
     status as a lawful permanent resident based on the approved 
     self-petition under such clauses.''.
       (2) Loss of status.--Section 204(a)(1)(B) of the 
     Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(B)) (as 
     amended by section 503(c)(4) of this title) is amended by 
     adding at the end the following:
       ``(v)(I) For the purposes of any petition filed or approved 
     under clause (ii) or (iii), divorce, or the loss of lawful 
     permanent resident status by a spouse or parent after the 
     filing of a petition under that clause shall not adversely 
     affect approval of the petition, and, for an approved 
     petition, shall not affect the alien's ability to adjust 
     status under subsections (a) and (c) of section 245 or obtain 
     status as a lawful permanent resident based on an approved 
     self-petition under clause (ii) or (iii).
       ``(II) Upon the lawful permanent resident spouse or parent 
     becoming or establishing the existence of United States 
     citizenship through naturalization, acquisition of 
     citizenship, or other means, any petition filed with the 
     Immigration and Naturalization Service and pending or 
     approved under clause (ii) or (iii) on behalf of an alien who 
     has been battered or subjected to extreme cruelty shall be 
     deemed reclassified as a petition filed under subparagraph 
     (A) even if the acquisition of citizenship occurs after 
     divorce or termination of parental rights.''.
       (3) Definition of immediate relatives.--Section 
     201(b)(2)(A)(i) of the Immigration and Nationality Act (8 
     U.S.C. 1154(b)(2)(A)(i)) is amended by adding at the end the 
     following: ``For purposes of this clause, an alien

[[Page S4708]]

     who has filed a petition under clause (iii) or (iv) of 
     section 204(a)(1)(A) of this Act remains an immediate 
     relative in the event that the United States citizen spouse 
     or parent loses United States citizenship on account of the 
     abuse.''.
       (b) Allowing Remarriage of Battered Immigrants.--Section 
     204(h) of the Immigration and Nationality Act (8 U.S.C. 
     1154(h)) is amended by adding at the end the following: 
     ``Remarriage of an alien whose petition was approved under 
     section 204(a)(1)(B)(ii) or 204(a)(1)(A)(iii) or marriage of 
     an alien described in section 204(a)(1)(A) (iv) or (vi) or 
     204(a)(1)(B)(iii) shall not be the basis for revocation of a 
     petition approval under section 205.''.

     SEC. 508. TECHNICAL CORRECTION TO QUALIFIED ALIEN DEFINITION 
                   FOR BATTERED IMMIGRANTS.

       Section 431(c)(1)(B)(iii) of the Personal Responsibility 
     and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 
     1641(c)(1)(B)(iii)) is amended to read as follows:
       ``(iii) suspension of deportation under section 244(a)(3) 
     of the Immigration and Nationality Act (as in effect before 
     the date of the enactment of the Illegal Immigration Reform 
     and Immigrant Responsibility Act of 1996).''.

     SEC. 509. PROTECTION FOR CERTAIN CRIME VICTIMS INCLUDING 
                   CRIMES AGAINST WOMEN.

       (a) Findings and Purpose.--
       (1) Findings.--Congress makes the following findings:
       (A) Immigrant women and children are often targeted to be 
     victims of crimes committed against them in the United 
     States, including rape, torture, trafficking, incest, battery 
     is or extreme cruelty, sexual assault, female genital 
     mutilation, forced prostitution, being held hostage or other 
     violent crimes.
       (B) All women and children who are victims of these crimes 
     and other human rights violations committed against them in 
     the United States must be able to report these crimes to law 
     enforcement and fully participate in the investigation, of 
     the crimes or other unlawful activity committed against them, 
     the prosecution of the perpetrators of such crimes or 
     activity, or both such investigation and prosecution.
       (2) Purpose.--
       (A) The purpose of this section is to create a new 
     nonimmigrant visa classification that will strengthen the 
     ability of law enforcement agencies to detect, investigate, 
     and prosecute cases of trafficking of aliens, battering, 
     extreme crudity, and other crimes committed against aliens, 
     while offering protection to victims of such offenses in 
     keeping with the humanitarian interests of the United States.
       (B) Creating a new nonimmigrant visa classification will 
     facilitate the reporting of violations to law enforcement 
     officials by exploited, victimized, and abused aliens who arc 
     not in a lawful immigration status. It also gives law 
     enforcement officials a means to regularize the status of 
     cooperating individuals during investigations, prosecutions, 
     and civil law enforcement proceedings. By providing temporary 
     legal status to aliens who have been severely victimized by 
     criminal or other unlawful activity, it also reflects the 
     humanitarian interests of the United States.
       (C) Finally, this section gives the Attorney General 
     discretion to convert such nonimmigrants to permanent 
     resident status when it is justified on humanitarian grounds 
     or is otherwise in the public interest.
       (b) Establishment of Humanitarian/Material Witness 
     Nonimmigrant Classification.--Section 101(a)(15) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) is 
     amended--
       (1) by striking ``or'' at the end of subparagraph (R);
       (2) by striking the period at the end of subparagraph (S) 
     and inserting ``; or''; and
       (3) by adding at the end the following:
       ``(T)(i) an alien who the Attorney General determines--
       ``(I) is physically present in the United States or at a 
     port of entry thereto;
       ``(II) is or has been a victim of a severe form of 
     trafficking in persons as defined in section 3 of the 
     Trafficking Victims Protection Act of 2000;
       ``(III)(aa) has not unreasonably refused to assist in the 
     investigation or prosecution of acts of trafficking; or
       ``(bb) has not attained the age of 14 years; and
       ``(IV) would face a significant possibility of retribution 
     or other hardship if removed from the United States,
     and, if the Attorney General considers it to be appropriate, 
     the spouse, married and unmarried sons and daughters, and 
     parents of an alien described in this subparagraph if 
     accompanying, or following to join, the alien, except that no 
     person shall be eligible for admission to the United States 
     under this subparagraph if there is substantial reason to 
     believe that the person has committed an act of a severe form 
     of trafficking in persons as defined in section 3 of the 
     Trafficking Victims Protection Act of 2000;
       ``(ii) subject to section 214(m), an alien (and the spouse, 
     children, and parents of the alien if accompanying or 
     following to join the alien) who files an application for 
     status under this subparagraph, if the Attorney General 
     determines that--
       ``(I) the alien possesses material information concerning 
     criminal or other unlawful activity;
       ``(II) the alien is willing to supply, has supplied, or has 
     not unreasonably refused to supply such information to 
     Federal or State law enforcement official or a Federal or 
     State administrative agency investigating or bringing an 
     enforcement action, or to a Federal or State court;
       ``(III) the alien. would be helpful, were the alien. to 
     remain in the United States, to a Federal or State 
     investigation or prosecution of criminal or other unlawful 
     activity;
       ``(IV) the alien (or a child of the alien) has suffered 
     substantial physical or mental abuse as a result of the 
     criminal or other unlawful activity;
       ``(V) the alien has filed an affidavit from a Federal or 
     State law enforcement official or a Federal or State 
     administrative agency investigating or bringing and 
     enforcement action, or is a Federal or State court, that 
     provides information addressing the requirements under 
     subclauses (I) through (III); and
       ``(iii) the provisions of section 204(a)(1)(H) shall apply 
     to applications filed under clause (i) or (ii).''.
       (2) Duties of the attorney general with respect to ``t'' 
     visa nonimmigrants.--Section 101 of the Immigration and 
     Nationality Act (8 U.S.C. 1101) is amended by adding at the 
     end the following:
       ``(i) With respect to nonimmigrant aliens described in 
     subsection (a)(15)(T)--
       ``(1) the Attorney General and other government officials, 
     where appropriate, shall provide those aliens with referrals 
     to nongovernmental organizations that would educate the 
     aliens regarding their options while in the United States and 
     the resources available to them; and
       ``(2) the Attorney General shall, during the period those 
     aliens are in lawful temporary resident status under that 
     subsection, grant the aliens authorization to engage in 
     employment in the United States and provide the aliens with 
     an `employment authorized' endorsement or other appropriate 
     work permit.''.
       (3) Waiver of grounds for ineligibility for admission.--
     Section 212(d) of the Immigration and Nationality Act (8 
     U.S.C. 1182(d)) is amended by adding at the end the 
     following:
       ``(13) The Attorney General shall determine whether a 
     ground for inadmissibility exists with respect to a 
     nonimmigrant described in section 101(a)(15)(T). The Attorney 
     General, in the Attorney General's discretion, may waive the 
     application of subsection (a) (other than paragraph (3)(E)) 
     in the case of a nonimmigrant described in section 
     101(a)(15)(T), if the Attorney General considers it to be in 
     the national interest to do so. Nothing in this section shall 
     be regarded as prohibiting the Attorney General from 
     instituting removal proceedings against an alien admitted as 
     a nonimmigrant under section 101(a)(15)(T) for material 
     nontrafficking related conduct committed after the alien's 
     admission into the United States, or for material 
     nontrafficking related conduct or a condition that was not 
     disclosed to the Attorney General prior to the alien's 
     admission as a nonimmigrant under section 101(a)(15)(T).''.
       (c) Conditions for Admission.--
       (1) Numerical limitations, period of admission, etc.--
     Section 214 of the Immigration and Nationality Act (8 U.S.C. 
     1184) is amended by adding at the end the following:
       ``(m)(1) The number of aliens who may be provided a visa as 
     nonimmigrants under section 101(a)(15)(T) in any fiscal year 
     may not exceed 2,000.
       ``(2) The period of admission of an alien as such a 
     nonimmigrant may not exceed 3 years and such period may not 
     be extended.
       ``(3) As a condition for the admission (or the provision of 
     status), and continued stay in lawful status. of an alien as 
     such a nonimmigrant, the alien--
       ``(A) may not be convicted of any criminal offense 
     punishable by a term of imprisonment of 1 year or more after 
     the date of such admission (or obtaining such status) unless 
     the alien qualifies for an exception or a waiver under 
     section 212(a) or section 237(a); and
       ``(B) shall abide by any other condition, limitation, or 
     restriction imposed by the Attorney General.
       ``(4) The Attorney General shall, during the period those 
     aliens are in lawful temporary resident status under that 
     subsection, grant the aliens authorization to engage in 
     employment in the United States and provide the aliens with 
     an `employment authorized' endorsement or other appropriate 
     work permit.''.
       (2) Prohibition of change of nonimmigrant classification.--
     Section 248(1) of the Immigration and Nationality Act (8 
     U.S.C. 1258(1)) is amended by striking ``or (S)'' and 
     inserting ``(S), or (T)''.
       (3) Nonexclusive relief.--Nothing in this title, or the 
     amendments made by this title, affects the ability of an 
     alien to seek any relief for which the alien may be eligible, 
     including--
       (A) asylum, gender-based asylum, withholding of removal, or 
     withholding of removal based on protection under the 
     Convention Against Torture and Other Cruel, Inhuman, or 
     Degrading Treatment or Punishment; or
       (B) relief under clause (iii) or (iv) of section 
     204(a)(1)(A), clause (ii) or (iii) of section 204(a)(1)(B), 
     section 240A(b)(2), or section 244(a)(3) (as in effect before 
     the enactment of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996).
       (4) Prohibition on adverse determinations of admissibility 
     or deportability.--Section 384(a)(1) of the Illegal 
     Immigration

[[Page S4709]]

     Reform and Immigrant Responsibility Act of 1996 is amended--
       (A) by striking ``or'' at the end of subparagraph (D),
       (B) by adding at the end the following:
       ``(E) in the case of an alien applying for relief under 
     section 101(a)(15)(T), the perpetrator of the substantial 
     physical or mental abuse and the criminal or unlawful 
     activity; and''; and
       (C) by inserting in paragraph (2) after ``216(c)(4)(C),'' 
     the following ``101(a)(15)(T),''.
       (d) Adjustment to Permanent Resident Status.--Section 245 
     of the Immigration and Nationality Act (8 U.S.C 1255) is 
     amended by adding at the end the following:
       ``(l)(1) If, in the opinion of the Attorney General, a 
     nonimmigrant admitted into the United States under section 
     101(a)(15)(T)(i)--
       ``(A) has been physically present in the United States for 
     a continuous period of at least 3 years since the date of 
     admission as a nonimmigrant under section 101(a)(15)(T)(i);
       ``(B) has, throughout such period, been a person of good 
     moral character;
       ``(C) has not, during such period, unreasonably refused to 
     provide assistance in the investigation or prosecution of 
     acts of trafficking; and
       ``(D) would face a significant possibility of retribution 
     or other hardship if removed from the United States,
     the Attorney General may adjust the status of the alien (and 
     the spouse, married and unmarried sons and daughters, and 
     parents of the alien if admitted under that section) to that 
     of an alien lawfully admitted for permanent residence if the 
     alien is not described in section 212(a)(3)(E).
       ``(2) An alien shall be considered to have failed to 
     maintain continuous physical presence in the United States 
     under paragraph (1)(A) if the alien has departed from the 
     United States for any period in excess of 90 days or for any 
     periods in the aggregate exceeding 180 days.
       ``(3) The Attorney General may adjust the status of an 
     alien admitted into the United States (or otherwise provided 
     nonimmigrant status) under section 101(a)(15)(T) (and a 
     spouse, child, or parents admitted under such section) to 
     that of an alien lawfully admitted for permanent residence 
     if--
       ``(A) in the opinion of the Attorney General, the alien's 
     continued presence in the United States is justified on 
     humanitarian grounds, to ensure family unity, or is otherwise 
     in the public interest; and
       ``(B) the alien is not described in subparagraph (A)(i)(I), 
     (A)(ii), (A)(iii), (C), or (E) of section 212(a)(3).
       ``(4) Upon the approval of adjustment of status under 
     paragraph (1) or (3), the Attorney General shall record the 
     alien's lawful admission for permanent residence as of the 
     date of such approval.''.

     SEC. 510. ACCESS TO CUBAN ADJUSTMENT ACT FOR BATTERED 
                   IMMIGRANT SPOUSES AND CHILDREN.

       (a) In General.--The last sentence of the first section of 
     Public Law 89-732 (November 2, 1966; 8 U.S.C. 1255 note) is 
     amended by striking the period at the end and inserting the 
     following: ``, except that such spouse or child who has been 
     battered or subjected to extreme cruelty may adjust to 
     permanent resident status under this Act without 
     demonstrating that he or she is residing with the Cuban 
     spouse or parent in the United States. In acting on 
     applications under this section with respect to spouses or 
     children who have been battered or subjected to extreme 
     cruelty, the Attorney General shall apply the provisions of 
     section 204(a)(1)(H).''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall be effective as if included in subtitle G of title IV 
     of the Violent Crime Control and Law Enforcement Act of 1994 
     (Public Law 103-322; 108 Stat. 1953 et seq.).

     SEC. 511. ACCESS TO THE NICARAGUAN ADJUSTMENT AND CENTRAL 
                   AMERICAN RELIEF ACT FOR BATTERED SPOUSES AND 
                   CHILDREN.

       Section 309(c)(5)(C) 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) is amended--
       (1) in clause (i)--
       (A) by striking ``For purposes'' and inserting ``Subject to 
     clauses (ii), (iii), and (iv), for purposes'';
       (B) by striking ``or'' at the end of subclause (IV);
       (C) by striking the period at the end of subclause (V) and 
     inserting ``; or''; and
       (D) by adding at the end the following:

       ``(VI) is at the time of filing of an application under 
     subclause (I), (II), (V), or (VI) the spouse or child of an 
     individual described in subclause (I), (II), or (V) and the 
     spouse, child, or child of the spouse has been battered or 
     subjected to extreme cruelty by the individual described in 
     subclause (I), (II), or (V).''; and

       (2) by adding at the end the following:
       ``(iii) Consideration of petitions.--In acting on a 
     petition filed under subclause (VI) or (VII) of clause (i) 
     the provisions set forth in section 204(a)(1)(H) shall apply.
       ``(iv) Residence with spouse or parent not required.--For 
     purposes of the application of subclauses (VI) and (VII) of 
     clause (i), a spouse or child shall not be required to 
     demonstrate that he or she is residing with the spouse or 
     parent in the United States.''.

     SEC. 512. ACCESS TO THE HAITIAN REFUGEE FAIRNESS ACT OF 1998 
                   FOR BATTERED SPOUSES AND CHILDREN.

       (a) In General.--Section 902(d)(1)(B) of the Haitian 
     Refugee Immigration Fairness Act of 1998 (division A of 
     section 101(h) of Public Law 105-277; 112 Stat. 2681-538) is 
     amended to read as follows:
       ``(B)(i) the alien is the spouse or child of an alien whose 
     status is adjusted to that of an alien lawfully admitted for 
     permanent residence under subsection (a);
       ``(ii) at the time of filing or the application for 
     adjustment under subsection (a) or this subsection the alien 
     is the spouse or child of an alien whose status is adjusted 
     to that of an alien lawfully admitted for permanent residence 
     under subsection (a) and the spouse, child, or child of the 
     spouse has been battered or subjected to extreme cruelty by 
     the individual described in subsection (a); and
       ``(iii) in acting on applications under this section with 
     respect to spouses or children who have been battered or 
     subjected to extreme cruelty, the Attorney General shall 
     apply the provisions of section 204(a)(1)(H).''.
       (b) Residence With Spouse or Parent Not Required.--Section 
     902(d) of such Act is amended--
       (1) in paragraph (1), by striking ``The status'' and 
     inserting ``Subject to paragraphs (2) and (3), the status''; 
     and
       (2) by adding at the end the following:
       ``(3) Residence with spouse or parent not required.--A 
     spouse, or child may adjust to permanent resident status 
     under paragraph (1) without demonstrating that he or she is 
     residing with the spouse or parent in the United States.''.

     SEC. 513. ACCESS TO SERVICES AND LEGAL REPRESENTATION FOR 
                   BATTERED IMMIGRANTS.

       (a) Law Enforcement and Prosecution Grants.--Section 
     2001(b) of part T of title I of the Omnibus Crime Control and 
     Safe Streets Act of 1968 (42 U.S.C. 3796gg(b)) is amended--
       (1) in paragraph (1), by inserting ``, immigration and 
     asylum officers, immigration judges,'' after ``law 
     enforcement officers'';
       (2) in paragraph (8) (as amended by section 209(c) of this 
     Act), by striking ``and'' at the end;
       (3) in paragraph (9) (as added by section 209(c) of this 
     Act), by striking the period at the end and inserting ``; 
     and''; and
       (4) by adding at the end the following:
       ``(10) providing assistance to victims of domestic violence 
     and sexual assault in immigration matters.''.
       (b) Grants To Encourage Arrests.--Section 2101(b)(5) of 
     part U of title I of the Omnibus Crime Control and Safe 
     Streets Act of 1968 (42 U.S.C. 3796hh(b)(5)) is amended by 
     inserting before the period the following: ``, including 
     strengthening assistance to domestic violence victims in 
     immigration matters''.
       (c) Rural Domestic Violence and Child Abuse Enforcement 
     Grants.--Section 40295(a)(2) of the Violent Crime Control and 
     Law Enforcement Act of 1994 (Public Law 103-322; 108 Stat. 
     1953; 42 U.S.C. 13971(a)(2)) is amended to read as follows:
       ``(2) to provide treatment, counseling, and assistance to 
     victims of domestic violence and child abuse, including in 
     immigration matters; and''.
       (d) Campus Domestic Violence Grants.--Section 826(b)(5) of 
     the Higher Education Amendments of 1998 (Public Law 105-244; 
     20 U.S.C. 1152) is amended by inserting before the period at 
     the end the following: ``, including assistance to victims in 
     immigration matters''.

       
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