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HR 3083 IH

106th CONGRESS

1st Session

H. R. 3083

To amend the Immigration and Nationality Act to provide protection for battered immigrant women, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

October 14, 1999

Ms. SCHAKOWSKY (for herself, Ms. JACKSON-LEE of Texas, Mrs. MORELLA, Mr. CAPUANO, Mr. MEEKS of New York, Mr. MCGOVERN, Mr. BERMAN, Mr. WAXMAN, Mr. SANDERS, Mr. WEINER, Mr. HINCHEY, Mr. FROST, Mr. FARR of California, Mr. STUPAK, Mr. LEACH, Ms. BERKLEY, Ms. WOOLSEY, Mr. ABERCROMBIE, Ms. EDDIE BERNICE JOHNSON of Texas, Mr. WYNN, Mrs. MALONEY of New York, Ms. NORTON, Mrs. MINK of Hawaii, Ms. SLAUGHTER, Ms. MILLENDER-MCDONALD, Mrs. CAPPS, Ms. LEE, Mr. TOWNS, Ms. BROWN of Florida, Mrs. LOWEY, Mr. GREEN of Texas, Mr. MCNULTY, Mr. GEORGE MILLER of California, Mr. CROWLEY, Ms. MCKINNEY, Mr. CONYERS, Mrs. MEEK of Florida, Mr. KIND, and Ms. DELAURO) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Ways and Means, Banking and Financial Services, Education and the Workforce, Agriculture, and Armed Services, 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 provide protection for battered immigrant women, and for other purposes.

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 `Battered Immigrant Women Protection Act of 1999'.

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

Sec. 1. Short title; table of contents.

Sec. 2. Findings and purposes.

Sec. 3. Restoring immigration protections under the Violence Against Women Act of 1994 (VAWA).

Sec. 4. Remedying problems with implementation of the immigration provisions of VAWA.

Sec. 5. Waivers and exceptions to inadmissibility for otherwise qualified battered immigrants.

Sec. 6. Calculation of physical presence in VAWA cancellation of removal and suspension of deportation.

Sec. 7. Improved access to VAWA immigration protections for battered immigrant women.

Sec. 8. Improved access to VAWA cancellation of removal.

Sec. 9. Good moral character determinations.

Sec. 10. Economic Security Act for Battered Immigrant Women.

Sec. 11. Access to legal representation and services for battered immigrants.

Sec. 12. Violence Against Women Act training for INS officers, immigration judges, and civil and criminal court justice system personnel.

Sec. 13. Protection for certain victims of crimes against women.

Sec. 14. Access to Cuban adjustment for battered immigrant spouses and children.

Sec. 15. Access to the Nicaraguan and Central American Relief Act for battered spouses and children.

Sec. 16. Access to the Haitian Refugee Immigration Fairness Act of 1998 for battered spouses and children.

SEC. 2. 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; 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 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 Act are--

(1) to promote criminal prosecutions of all persons who commit acts of battery or extreme cruelty against immigrant women and children;

(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; and

(3) to correct erosions of the Violence Against Women Act of 1994 immigration protections that occurred as a result of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 and the Balanced Budget Act of 1997.

SEC. 3. RESTORING IMMIGRATION PROTECTIONS UNDER THE VIOLENCE AGAINST WOMEN ACT OF 1994 (VAWA).

(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), (A)(v), (A)(vi), (B)(ii), (B)(iii), or (B)(iv) 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 who has 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-

(A) IN GENERAL- Section 240A(d)(1) of such 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)'.

(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 (division C of Public Law 104-208, 110 Stat. 587).

(2) EXEMPTION FROM ANNUAL LIMITATION ON CANCELLATION OF REMOVAL FOR BATTERED SPOUSE OR CHILD-

(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:

`(C) Aliens in removal proceedings who applied for cancellation of removal under subsection (b)(2).'.

(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 (division C of Public Law 104-208, 110 Stat. 587).

(3) MODIFICATION OF CERTAIN TRANSITION RULES FOR BATTERED SPOUSE OR CHILD-

(A) IN GENERAL- Subparagraph (C) of section 309(c)(5) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1101 note), as amended by section 203(a) of Public Law 105-100, is amended--

(i) in the heading by inserting `AND FOR BATTERED SPOUSES AND CHILDREN' after `FROM DEPORTATION'; and

(ii) in clause (i)--

(I) by striking, `or' at the end of subclause (IV);

(II) by striking the period at the end of subclause (V) and inserting `; or'; and

(III) by adding at the end the following new subclause:

`(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).'.

(B) EFFECTIVE DATE- The amendments made by subparagraph (A) 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), (iv), (v), or (vi) of section 204(a)(1)(A), clause (ii), (iii), or (iv) 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.

(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), (iv), (v), or (vi) of section 204(a)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)), clause (ii), (iii), or (iv) 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), (iv), (v), or (vi) of section 204(a)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)), clause (ii), (iii), or (iv) 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 Act.

SEC. 4. REMEDYING PROBLEMS WITH IMPLEMENTATION OF THE IMMIGRATION PROVISIONS OF VAWA.

(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 paragraphs (4), (5), and (6) of section 7(c), is amended by adding after clause (vii) the following new clause:

`(viii) For the purposes of any petition filed under clause (iii), (iv), (v), or (vi), denaturalization, loss or renunciation of citizenship, death of the abuser, 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, child, or son or daughter 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 paragraphs (4) and (5) of section 7(d), is amended by adding after clause (v) the following new clause:

`(vi)(I) For the purposes of petitions filed or approved under clause (ii), (iii), or (iv), loss of lawful permanent resident status by a spouse or parent or death of a spouse or parent who was a lawful permanent resident 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 sections 245(a) and 245(c) or obtain status as a lawful permanent resident based on the approved self-petition under such clause (ii), (iii), or (iv).

`(II) Upon the lawful permanent resident spouse or parent becoming a United States citizen through naturalization, acquisition of citizenship, or other means, any petition filed with the Immigration and Naturalization Service and pending or approved under clause (ii), (iii), or (iv) 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 RELATIVE- 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 new sentence: `For purposes of this clause, an alien who has filed a petition under clause (iii), (iv), (v), or (vi) of section 204(a)(1)(A) remains an immediate relative in the event that the United States citizen spouse, parent, son, or daughter loses United States citizenship or dies after the filing of the petition.'.

(b) EXEMPTION FOR BATTERED IMMIGRANT WOMEN WHO ENTERED THE UNITED STATES ON FIANCE VISAS FROM CONDITIONAL RESIDENCY STATUS REQUIREMENT- Section 245(d) of the Immigration and Nationality Act (8 U.S.C. 1255(d)) is amended by adding at the end the following: `This subsection shall not apply to aliens who seek adjustment of status on the basis of an approved self-petition for 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).'.

(c) REDUCING AN ABUSER'S CONTROL OVER A BATTERED IMMIGRANT'S IMMIGRATION CASE- Section 205 of the Immigration and Nationality Act (8 U.S.C. 1155) is amended by adding at the end the following: `Whenever a beneficiary of a petition filed under section 204 provides the Attorney General with credible evidence of battery or extreme cruelty as described in section 216(c)(4)(C), 204(a)(1)(A), or 204(a)(1)(B), the Attorney General shall adjudicate the petition filed under section 204 notwithstanding--

`(1) the withdrawal by the petitioner of the petition;

`(2) the failure of the petitioner to appear at the interview;

`(3) the failure of the petitioner to file an affidavit of support; or

`(4) a prior revocation or denial based on withdrawal of, or failure to prosecute, the petition or any other determination based on the petitioner's actions that could result or have resulted in the denial or revocation of the petition (but for this section).'.

(d) REQUIRING PROSECUTOR COOPERATION WITH BATTERED IMMIGRANT VAWA APPLICANTS- Section 2101(c) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh(c)) is amended--

(1) by striking `and' at the end of paragraph (4);

(2) by striking the period at the end of paragraph (4) and inserting `; and'; and

(3) by adding at the end the following:

`(5) certify that their laws, policies, and practices do not discourage or prohibit prosecutors and law enforcement officers from granting access to information about the citizenship or lawful permanent residency status of a domestic violence perpetrator to the victim, the child, son, or daughter or their advocate so long as release of the information does not jeopardize ongoing prosecution of the abuser.'.

(e) 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 new sentence: `Remarriage of an alien whose petition was approved under subsection (a)(1)(B)(ii) or (a)(1)(A)(iii) or marriage of an alien described in subsection (a)(1)(A)(iv), (a)(1)(A)(vi), (a)(1)(B)(iii), or (a)(1)(B)(iv) shall not be the basis for revocation under section 205.'.

SEC. 5. WAIVERS AND EXCEPTIONS TO INADMISSIBILITY FOR OTHERWISE QUALIFIED BATTERED IMMIGRANTS.

(a) DISCRETIONARY WAIVERS FOR CERTAIN INADMISSIBILITY AND REMOVAL GROUNDS-

(1) INADMISSIBILITY GROUNDS- Section 212 of the Immigration and Nationality Act (8 U.S.C. 1182) is amended by adding at the end the following:

`(r) DISCRETIONARY WAIVER AUTHORITY- The Attorney General, in the Attorney General's discretion, may waive any provision of this section (other than paragraphs (3), (10)(A), (10)(D), and (10)(E) of subsection (a)) for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest if the alien demonstrates a connection between the crime or disqualifying act and battery or extreme cruelty for any alien who qualifies for--

`(1) 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); or

`(2) relief under section 240A(b)(2) or under section 244(a)(3) (as in effect before the enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996).'.

(2) REMOVAL GROUNDS- Section 237 of the Immigration and Nationality Act (8 U.S.C. 1227) is amended by adding at the end the following:

`(d) DISCRETIONARY WAIVER AUTHORITY- The Attorney General, in the discretion of the Attorney General, may waive any provision of this section (other than subsections (a)(2)(D)(i), (a)(4), or (a)(5)) for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest in the case of an alien who demonstrates a connection between the crime or disqualifying act and battery or extreme cruelty for any alien who qualifies for--

`(1) 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); or

`(2) relief under section 240A(b)(2) or under section 244(a)(3) (as in effect before the enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996).'.

(b) OFFERING EQUAL ACCESS TO VAWA IMMIGRATION PROTECTIONS FOR ALL QUALIFIED BATTERED IMMIGRANT SELF-PETITIONERS-

(1) ELIMINATING CONNECTION BETWEEN BATTERY AND UNLAWFUL ENTRY- Section 212(a)(6)(A)(ii) of the Immigration and Nationality Act (8 U.S.C. 1182) is amended--

(A) by amending subclause (I) to read as follows:

`(I) the alien qualifies for classification under subparagraph (A)(iii), (A)(iv), (A)(v), (A)(vi), (B)(ii), (B)(iii), or (B)(iv) of section 204(a)(1), and';

(B) by striking `, and' in subclause (II) and inserting a period; and

(C) by striking subclause (III).

(2) BATTERED IMMIGRANT EXCEPTION- Section 212(a)(9)(A)(iii) of such Act (8 U.S.C. 1182(a)(9)(A)(iii)) is amended by adding at the end the following: `Clauses (i) and (ii) also shall not apply to aliens 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).'.

(3) ELIMINATING CONNECTION BETWEEN BATTERY AND VIOLATION OF THE TERMS OF AN IMMIGRANT VISA- Section 212(a)(9)(B)(iii)(IV) of such 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 and inserting `who is described in paragraph (6)(A)(ii).'.

(4) BATTERED IMMIGRANT EXCEPTION- Section 212(a)(9)(C)(ii) of such Act (8 U.S.C. 1182(a)(9)(C)(ii)) is amended by adding at the end the following: `Clause (i) shall also not apply to aliens 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).'.

(5) WAIVER OF CERTAIN REMOVAL GROUNDS- Section 237 of the Immigration and Nationality Act (8 U.S.C. 1227), as amended by subsection (a)(2), is further amended by adding at the end the following:

`(e) WAIVER FOR VICTIMS OF DOMESTIC VIOLENCE- The Attorney General is not limited by the criminal court record and may waive the application of subsections (a)(2)(E)(i), (a)(2)(E)(ii), (a)(2)(A)(i), and (a)(2)(A)(iii) 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--

`(1) upon determination that--

`(A) the alien was acting in self-defense;

`(B) the alien was found to have violated a protection order intended to protect the alien; or

`(C) the alien committed, was arrested for, was convicted of, or pled guilty to committing a crime where there was a connection between the crime and

having been battered or subjected to extreme cruelty; or

`(2) for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest.'.

(6) MISREPRESENTATION WAIVERS FOR BATTERED SPOUSES OF UNITED STATES CITIZENS AND LAWFUL PERMANENT RESIDENTS-

(A) 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), (iv), (v), or (vi) of section 204(a)(1)(A) or clause (ii), (iii), or (iv) 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), the alien demonstrates extreme hardship to the alien or the alien's United States citizen, lawful permanent resident or qualified alien parent, child, son, or daughter'.

(B) WAIVER OF DEPORTABILITY- Section 237(a)(1)(H) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(1)(H)) is amended--

(i) in clause (i), by inserting `(I)' after `(i)';

(ii) by redesignating clause (ii) as subclause (II); and

(iii) by inserting after clause (i) the following new clause:

`(ii) is an alien who qualifies for classification under clause (iii), (iv), (v), or (vi) of section 204(a)(1)(A) or clause (ii), (iii), or (iv) 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).'.

SEC. 6. CALCULATION OF PHYSICAL PRESENCE IN VAWA CANCELLATION OF REMOVAL AND SUSPENSION OF DEPORTATION.

(a) CANCELLATION OF REMOVAL PROCEEDINGS- Section 240A(d)(2) of the Immigration and Nationality Act (8 U.S.C. 1229b(d)(2)) is amended by adding at the end the following: `In the case of an alien applying for cancellation of removal under subsection (b)(2), the Attorney General may waive the provisions of this subsection for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest, if the alien demonstrates that the absences were connected to the battery or extreme cruelty forming the basis of the application for cancellation of removal under such subsection.'.

(b) SUSPENSION OF DEPORTATION PROCEEDINGS- With respect to applications filed under section 244(a)(3) of the Immigration and Nationality Act (as in effect before the title III-A effective date, as defined in section 309(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104-208; 110 Stat. 3009-625)) (8 U.S.C. 1254(a)(3)), the Attorney General may waive the physical presence requirement for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest if the alien demonstrates that the absences were connected to the battery or extreme cruelty forming the basis of the application for suspension of deportation.

SEC. 7. IMPROVED ACCESS TO VAWA IMMIGRATION PROTECTIONS 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 new paragraph:

`(50) The term `intended spouse' means any alien who meets the criteria set forth in section 204(j)(1)(B) or 204(k)(1)(B).'.

(b) ENSURING PROTECTION FOR ABUSED CHILDREN AND CHILDREN OF BATTERED IMMIGRANTS- Section 101(b) of the Immigration and Nationality Act (8 U.S.C. 1101(b)) is amended--

(1) in paragraph (1), by striking `The term' and inserting `Subject to paragraph (6), the term', and

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

`(6) For the purposes of clauses (iii) and (iv) of section 204(a)(1)(A), clauses (ii) and (iii) of section 204(a)(1)(B), section 240A(b)(2), and section 244(a)(3) (as in effect before the date of the enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996) and for the purposes of attaining lawful permanent residency under those sections either under section 245 or by obtaining an immigrant visa under section 203, an individual who turns 21 years old remains a child under paragraph (1) if, on the date a petition or application was filed by the individual or their parent under any of these sections the individual--

`(A) met the definition of child in one of subparagraphs (A) through (F) of paragraph (1); and

`(B) was under the age of 21 on the date the application or petition was filed.'.

(c) 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 subsection (j) may file a petition with the Attorney General under this clause for classification of the alien (and any child of the alien as defined in paragraph (1) or (6) of section 101(b) 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 of the Immigration and Nationality Act (8 U.S.C. 1154) is amended by adding at the end the following:

`(j) DESCRIPTION OF PROTECTED SPOUSE OR INTENDED SPOUSE- For purposes of subsection (a)(1)(A)(iii), an alien described in this subsection is an alien--

`(1)(A) who is the spouse of a citizen of the United States; or

`(B)(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

`(C) who was a bona fide spouse of a United States citizen within the past two years and whose spouse died within the past two years, or whose spouse lost immigration status within the past two years due to an incident of domestic violence, or who demonstrates a connection between the legal termination of the marriage within the past two years and battering or extreme cruelty by the United States citizen spouse;

`(2) who is a person of good moral character;

`(3) 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

`(4) who has resided with the alien's spouse or intended spouse.'.

(2) GUARANTEEING ACCESS TO VAWA RELIEF FOR BATTERED IMMIGRANTS BROUGHT INTO THE UNITED STATES ON FIANCE VISAS- Section 204(a)(1)(C) of the

Immigration and Nationality Act, as inserted by subsection (d)(6), is amended by adding at the end the following new clause:

`(iii) For aliens who entered the country on fiance visas, failure to marry the sponsor or failure to marry the sponsor within 90 days as required under section 101(a)(15)(K) shall not bar access to relief under clause (iii), (iv), (v), or (vi) of subsection (a)(1)(A), under clause (ii), (iii), or (iv) of subsection (a)(1)(B), under section 240A(b)(2), or under section 244(a)(3) (as in effect before the enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996) to aliens who otherwise qualify.'.

(3) 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 (as defined in paragraph (1) or (6) of section 101(b)) or who was a child of United States citizen parent who died within the past two years or lost immigration status due to an incident of domestic violence within the past two years, 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.'.

(4) SELF-PETITIONING PARENTS- Section 204(a)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)) is amended by adding after clause (iv) the following new clause:

`(v) An alien who is the parent of a citizen of the United States or who was a parent of United States citizen who died within the past two years or lost immigration status due to an incident of domestic violence within the past two years, 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 has resided with the citizen daughter or son may file a petition with the Attorney General under this subparagraph for classification 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 son or daughter.'.

(5) SELF-PETITIONING SON OR DAUGHTER- Section 204(a)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)), as amended by paragraph (4), is amended by adding after clause (v) the following new clause:

`(vi) An alien who is the son or daughter of a citizen of the United States or who was the son or daughter of United States citizen parent who died within the past two years or lost immigration status due to an incident of domestic violence within the past two years, and who is a person of good moral character, who is eligible for classification by reason of a relationship described in paragraph (1) of section 203(a), and who resides or has resided in the past with the citizen parent may file a petition with the Attorney General under this clause 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 and 1 or more incidents of battery or extreme cruelty occurred before the son or daughter reached the age of 21. For purposes of this clause, residence includes any period of visitation.'.

(6) FILING OF PETITIONS- Section 204(a)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1154 (a)(1)(A)(iv)), as amended by paragraphs (4) and (5), is amended by adding after clause (vi) the following new clause:

`(vii) An alien who is the spouse, intended spouse, child, parent, son, or daughter of a United States citizen living abroad and who is eligible to file a petition under clause (iii), (iv), (v), or (vi) shall file such petition with the Attorney General under the procedures that apply to self-petitioners under such clauses.'.

(d) 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 subsection (k) may file a petition with the Attorney General under this clause for classification of the alien (and any child of the alien as defined in paragraph (1) or (6) of section 101(b)) 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 of the Immigration and Nationality Act (8 U.S.C. 1154), as amended by subsection (c)(1)(B), is further amended by adding at the end the following:

`(k) DESCRIPTION OF PROTECTED SPOUSE OR INTENDED SPOUSE- For purposes of subsection (a)(1)(B)(ii), an alien described in this subsection is an alien--

`(1)(A) who is the spouse of a lawful permanent resident of the United States; or

`(B)(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 two years and whose spouse died within the past two years, or whose spouse lost status within the past two years due to an incident of domestic violence, or who demonstrates a connection between the legal termination of the marriage within the past two years and battering or extreme cruelty by the United States citizen spouse;

`(2) who is a person of good moral character;

`(3) 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

`(4) who has resided in the United States 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 as defined in paragraph (1) or (6) of section 101(b) or who was a child of a lawful permanent resident parent who died within the past two years or lost immigration status due to an incident of domestic violence within the past two years, 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) SELF-PETITIONING SON OR DAUGHTER- Section 204(a)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(B)), as amended by section 4(a)(2), is further amended by adding at the end the following:

`(iv) An alien who is the son or daughter of an alien lawfully admitted for permanent residence or who was a son or daughter of a lawful permanent resident parent who died within the past two years or lost immigration status due to an incident of domestic violence within the past two years and who is a person of good moral character, who is eligible for classification by reason of a relationship described in paragraph (2) of section 203(a), and who resides or has resided in the past with the alien's legal permanent resident parent may file a petition with the Attorney General under this clause 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 legal permanent resident parent and 1 or more incidents of battery or extreme cruelty occurred before the son or daughter reached the age of 21. For purposes of this clause, residence includes any period of visitation.'.

(5) FILING OF PETITIONS- Section 204(a)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(B)), as amended by paragraph (4), is further amended by adding after clause (iv) the following new clause:

`(v) An alien who is the spouse, intended spouse, child, son, or daughter of a lawful permanent resident living abroad is eligible to file a petition under clause (ii), (iii), or (iv) shall file such petition with the Attorney General under the procedures that apply to self-petitioners under such clauses.'.

(6) TREATMENT OF PETITIONS INCLUDING DERIVATIVE CHILDREN TURNING 21 YEARS OF AGE- Section 204(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)) is amended--

(A) by redesignating subparagraphs (C) through (H) as subparagraphs (D) through (I), respectively; and

(B) by inserting after subparagraph (B) the following:

`(C)(i)(I) Any derivative child who attains 21 years of age and 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 no visa has been issued to the child by such date) 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 petition in any petition described in clause (ii).

`(II) Any individual described in subclause (I) 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) is a petition filed by an alien under subparagraph (A)(iii), (A)(iv), (A)(vi), (B)(ii), (B)(iii), or (B)(iv) in which the child is included as a derivative.'.

(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 `, and 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 it 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. 8. IMPROVED ACCESS TO VAWA CANCELLATION OF REMOVAL.

(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, PARENT, CHILD, SON, OR DAUGHTER-

`(A) IN GENERAL- 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 in the United States by a spouse, parent, son, or daughter 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 in the United States 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;

`(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 Attorney General waives application of this clause pursuant to section 237(d) or for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest; and

`(v) the removal would result in extreme hardship to the alien, the alien's child, or the alien's parent.

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. For aliens who entered the country on fiance visas, failure to marry the sponsor, or failure to marry the sponsor within 90 days as required under section 101(a)(15)(K), shall not bar access to relief under this paragraph to aliens who otherwise qualify.

`(B) INCLUSION OF OTHER ALIENS IN CANCELLATION OF REMOVAL APPLICATIONS- An alien applying for relief under this paragraph may include--

`(i) the alien's children, sons, or daughters in the alien's application and, if the alien is found eligible for cancellation, the Attorney General may adjust the status of the alien's children, sons, daughters; or

`(ii) the alien's parent or child in the alien child's (as defined in paragraph (1) or (6) of section 101(b)) application in the case of an application filed by an alien who was abused by a citizen or lawful permanent resident parent and, if the alien child is found eligible for cancellation, the Attorney General may adjust the status of the alien child applicant and the alien child's parent and child.

`(C) INCLUSION OF OTHER ALIENS IN SUSPENSION OF DEPORTATION APPLICATIONS- An alien applying for relief under section 244(a)(3) (as in effect before the date of the enactment of Illegal Immigration Reform and Immigrant Responsibility Act of 1996) may include--

`(i) the alien's children, sons, or daughters in the alien's application and, if the alien is found eligible for suspension, the Attorney General may adjust the status of the alien's children, sons, or daughters; or

`(ii) the alien's parent or child in the alien child's (as defined in paragraph (1) or (6) of section 101(b)) application in the case of an application filed by an alien who was abused by a citizen or lawful permanent resident parent and, if the alien child is found eligible for suspension, the Attorney General may adjust the status of the alien child applicant and the alien child's parent and child.'.

(b) EFFECTIVE DATE- The amendment made by subsection (a) shall take effect as if included in the enactment of section 304 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104-208; 110 Stat. 587).

(c) TREATMENT OF FAMILY MEMBERS-

(1) IN GENERAL- Section 203(d) of the Immigration and Nationality Act (8 U.S.C. 1153(d)) is amended--

(A) by inserting `(1)' before `A spouse or child'; and

(B) by adding at the end the following:

`(2) A spouse, parent, or child as defined in paragraph (1) or (6) of section 101(b) if not otherwise entitled to an immigrant status and immediate issuance of a visa shall be entitled to attain lawful permanent resident status if their spouse, parent, or child was granted such status pursuant to section 240A(b)(2) or section 244(a)(3) (as in effect before the date of the enactment of Illegal Immigration Reform and Immigrant Responsibility Act of 1996) by accompanying or following to join the spouse, child, or parent.'.

(2) EFFECTIVE DATE- The amendments made by paragraph (1) shall take effect as if included in the enactment of 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. 9. GOOD MORAL CHARACTER DETERMINATIONS.

(a) DETERMINATIONS OF GOOD MORAL CHARACTER FOR SELF-PETITIONING IMMEDIATE RELATIVES- Section 204(a)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)), as amended by sections 7(c) and 4(a)(1), is further amended by adding after clause (viii) at the end the following new clause:

`(ix) For the purposes of making good moral character determinations under this subparagraph, the Attorney General is not limited by the criminal court record and may make a finding of good moral character notwithstanding the existence of a disqualifying act or criminal conviction in the case of an alien who otherwise qualifies for relief under clause (iii), (iv), (v), or (vi), but who committed, was arrested for, has been convicted of, or who pled guilty to--

`(I) violating a court order issued to protect the alien;

`(II) prostitution if the alien was forced into prostitution by an abuser;

`(III) a domestic violence-related crime, if the Attorney General determines that the alien acted in self-defense; or

`(IV) a crime where there was a connection between the commission of the crime and having been battered or subjected to extreme cruelty.'.

(b) DETERMINATIONS OF GOOD MORAL CHARACTER FOR SELF-PETITIONERS SEEKING SECOND PREFERENCE IMMIGRATION STATUS- Section 204(a)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(B)), as amended by sections 7(d) and 4(a)(2), is further amended by adding after clause (vi) the following new clause:

`(vii) For the purposes of making good moral character determinations under this subparagraph, the Attorney General is not limited by the criminal court record and may make a finding of good moral character notwithstanding the existence of a disqualifying act or criminal conviction in the case of an alien who otherwise qualifies for relief under clause (ii), (iii), or (iv), but who committed, was arrested for, has been convicted of, or who pled guilty to--

`(I) violating a court order issued to protect the alien;

`(II) prostitution if the alien was forced into prostitution by an abuser;

`(III) a domestic violence-related crime, if the Attorney General determines that the alien acted in self-defense; or

`(IV) a crime where there was a connection between the commission of the crime and having been battered or subjected to extreme cruelty.'.

(c) DETERMINATIONS OF GOOD MORAL CHARACTER IN VAWA CANCELLATION OF REMOVAL PROCEEDINGS- Section 240A(b)(2) of the Immigration and Nationality Act (8 U.S.C. 1229b(b)(2)), as amended by section 8(a), is further amended by adding at the end the following new subparagraph:

`(D) GOOD MORAL CHARACTER DETERMINATIONS- For the purposes of making good moral character determinations under this subsection, the Attorney General is not limited by the criminal court record and may make a finding of good moral character notwithstanding the existence of a disqualifying act or criminal conviction in the case of an alien who has been battered or subjected to extreme cruelty but who committed, was arrested for, has been convicted of, or who pled guilty to--

`(i) violating a court order is sued to protect the alien;

`(ii) prostitution if the alien was forced into prostitution by an abuser;

`(iii) a domestic violence-related crime if the Attorney General determines that the alien acted in self-defense; or

`(iv) committing a crime where there was a connection between the commission of the crime and having been battered or subjected to extreme cruelty.'.

(d) DETERMINATIONS UNDER SUSPENSION OF DEPORTATION- For the purposes of making good moral character determinations under section 244(a)(3) of the Immigration and Nationality Act (as in effect before the enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996) (8 U.S.C. 1254(a)(3)), the Attorney General is not limited by the criminal court record and may make a finding of good moral character notwithstanding the existence of a disqualifying act or criminal conviction in the case of an alien who has been battered or subjected to extreme cruelty but who committed, was arrested for, has been convicted of, or who pled guilty to--

(1) violating a court order issued to protect the alien;

(2) prostitution if the alien was forced into prostitution by an abuser;

(3) a domestic violence-related crime if the Attorney General determines that the alien acted in self-defense; or

(4) committing a crime where there was a connection between the commission of the crime and having been battered or subjected to extreme cruelty.

SEC. 10. ECONOMIC SECURITY ACT FOR BATTERED IMMIGRANT WOMEN.

(a) NONAPPLICABILITY OF SPECIAL RULES RELATING TO THE TREATMENT OF NON-213A ALIENS- Section 408(f)(6) of the Social Security Act (42 U.S.C. 608(f)(6)) is amended--

(1) in subparagraph (B), by striking `or' at the end;

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

(3) by adding at the end the following:

`(D) described in section 421(f) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1631(f)) but for the fact that the individual is a non-213A alien.'.

(b) PUBLIC CHARGE- 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) EXCEPTION- The following aliens are not subject to public charge determinations under this paragraph:

`(i) An alien who qualifies for classification as a spouse, parent, child, son, or daughter of a United States citizen or lawful permanent resident under clause (iii), (iv), (v), or (vi) of section 204(a)(1)(A) or clause (ii), (iii), or (iv) of section 204(a)(1)(B).

`(ii) An alien who qualifies for classification under clause (i) or (ii) of section 204(a)(1)(A) or section 204(a)(1)(B)(i) and who presents credible evidence of having been battered or subjected to extreme cruelty by their United States citizen or lawful permanent resident spouse, parent, son, or daughter. In the case of alien sons or daughters, one or more incidents of battering or extreme cruelty must have occurred before the alien turned 21 years of age. This clause shall apply whether or not an affidavit of support has been filed on the alien's behalf.

`(iii) An alien who qualifies for status as a spouse, parent, child, son, or daughter of a United States citizen or lawful permanent resident, or as a parent of a child of a United States citizen or lawful permanent resident, pursuant to section 240A(b)(2) or section 244(a)(3) (as in effect before the date of enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996).

`(iv) Any child (as defined in paragraph (1) or (6) of section 101(b)) included in the application of an alien described in clause (i), (ii), or (iii).'.

(c) WAIVER OF FILING FEES-

(1) PETITIONS FOR CLASSIFICATION- Section 204(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)), as amended by section 7(c), is further amended by adding at the end the following new subparagraph:

`(I) No fee shall be charged for the filing or processing of any application under clause (iii), (iv), (v), or (vi) of subparagraph (A) or clause (ii), (iii), or (iv) of subparagraph (B), or the first application for work authorization filed by an applicant under such a clause.'.

(2) CANCELLATIONS OF REMOVAL- Section 240A(b)(2) of the Immigration and Nationality Act (8 U.S.C. 1229b), as amended by section 9(c), is amended by adding at the end the following new subparagraph:

`(E) PROHIBITION OF CHARGING FEES- No fee shall be charged for the filing or processing of any application under this paragraph or the first application for work authorization filed by applicants under this paragraph.'.

(3) SUSPENSION OF DEPORTATION- No fee shall be charged for the filing or processing of any application under section 244(a)(3) of the Immigration and Nationality Act (as in effect before the date of enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996) (8 U.S.C. 1254(a)(3)), or the first application for work authorization filed by applicants under such section.

(d) ACCESS TO FOOD STAMPS AND SSI FOR QUALIFIED BATTERED ALIENS- 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:

`(L) EXCEPTION FOR CERTAIN BATTERED ALIENS- With respect to eligibility for benefits for the specified Federal program (as defined in paragraph (3)), paragraph (1) shall not apply to any individual described in section 431(c).'.

(e) EXEMPTION FROM 5-YEAR BAN- Section 403(b) of the Personal Responsibility and Work Opportunity Act of 1996 (8 U.S.C. 1613(b)) is amended by adding at the end the following:

`(3) BATTERED IMMIGRANTS- An alien described in section 431(c).'.

(f) ACCESS TO HOUSING FOR BATTERED WOMEN AND QUALIFIED IMMIGRANTS- (1) Section 214 of the Housing and Community Development Act of 1980 (42 U.S.C. 1436a) is amended--

(A) in subsection (a), in the matter before paragraph (1), by striking `a resident of the United States and is';

(B) in paragraphs (1) through (6) of subsection (a), by inserting `a resident of the United States and is' before `an alien' each place it appears;

(C) in subsection (a)(5), by striking `or' at the end;

(D) in subsection (a)(6), by striking the period and inserting `; or';

(E) by adding at the end of subsection (a) the following new paragraph:

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

(F) in subsection (b)(2), by adding at the end the following: `Proration shall not apply in the case of a qualified

alien as described in section 431 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641).';

(G) in subsection (c)(1)(A), by adding at the end the following: `Proration shall not apply in the case of a qualified alien as described in section 431 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641).';

(H) in subsection (c)(1)(A), by striking `paragraphs (1) through (6)' and inserting `paragraphs (1) through (7)';

(I) in subsection (c)(2)(A), by inserting `(other than a qualified alien as described in section 431(c) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(c)))' after `any alien'; and

(J) in subsection (d)(1)(B), by inserting before the period `, including a qualified alien as described in section 431 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641)'.

(2) Section 401 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1611) is amended by adding at the end the following new subsection:

`(d) ACCESS TO SHELTER AND SERVICES FOR BATTERED IMMIGRANTS- Notwithstanding any other provision of law, no private, government, or nonprofit organization providing shelter or services to battered women, abused children, or providing any other services listed in subsection (b) that receives any Federal funds shall deny, restrict, or condition assistance to any applicant based on alienage.'.

(g) CLARIFYING WELFARE REPORTING REQUIREMENTS FOR BENEFIT APPLICANTS- The Social Security Act (42 U.S.C. 301 et seq.) is amended--

(1) in section 411(a)(1) (42 U.S.C. 611(a)(1)), by adding at the end the following new subparagraph:

`(C) INFORMATION ON IMMIGRATION STATUS- Collection of information about, and inquiries into, the immigration status of an individual who is a parent applying on behalf of his or her child who is a United States citizen or a qualified alien (as defined in section 431 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996) for assistance under the State program funded under this part, shall not be made if the individual is not applying for benefits for themselves, whether or not the individual is determined, under Federal or State law, to be part of a family unit receiving assistance under that program.'; and

(2) in section 1631(e)(9) (42 U.S.C. 1383(e)(9)), by adding at the end the following: `Collection of information about, and inquiries into, the immigration status of an individual who is a parent applying on behalf of his or her child who is a United States citizen or a qualified alien (as defined in section 431 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996) for benefits under this title (or for benefits supplemented by a State with an agreement under section 1616), shall not be made if the individual is not applying for benefits for themselves, whether or not the individual is determined, under Federal or State law, to be part of a family unit receiving such benefits.'.

(h) CONFORMING DEFINITION OF `FAMILY' USED IN LAWS GRANTING WELFARE ACCESS FOR BATTERED IMMIGRANTS TO STATE FAMILY LAW- Section 431(c) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(c)) is amended--

(1) in paragraph (1)(A), by striking `by a spouse or a parent, or by a member of the spouse or parent's family residing in the same household as the alien and the spouse or parent consented to, or acquiesced in, such battery or cruelty,' and inserting `by a spouse or parent, or by any individual having a relationship with the alien covered by the civil or criminal domestic violence statutes of the State or Indian country where the alien resides, or the State or Indian country in which the alien, the alien's child, or the alien child's parents received a protection order, or by any individual against whom the alien could obtain a protection order,'; and

(2) in paragraph (2)(A), by striking `by a spouse or parent of the alien (without the active participation of the alien in the battery or cruelty), or by a member of the spouse or parent's family residing in the same household as the alien and the spouse or parent consented or acquiesced to such battery or cruelty,' and inserting `by a spouse or parent of the alien (without the active participation of the alien in the battery or cruelty) or by any person having a relationship with the alien covered by the civil or criminal domestic violence statutes of the State or Indian country where the alien resides, or the State or Indian country in which the alien, the alien's child or the alien child's parent received a protection order, or by any individual against whom the alien could obtain a protection order,'.

(i) EXPANSION OF DEFINITION OF BATTERED IMMIGRANTS-

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

(A) in paragraphs (1)(A), (2)(A), and (3)(A) by inserting `or the benefits to be provided would alleviate the harm from such battery or cruelty or would enable the alien to avoid such battery or cruelty in the future' before the semicolon; and

(B) in the matter following paragraph (3), by inserting `and for determining whether the benefits to be provided under a specific Federal, State, or local program would alleviate the harm from such battery or extreme cruelty or would enable the alien to avoid such battery or extreme cruelty in the future' before the period.

(2) CONFORMING AMENDMENT REGARDING SPONSOR DEEMING- Section 421(f) of such Act (8 U.S.C. 1631(f)(1)) is amended--

(A) in subparagraph (A), by inserting `or would alleviate the harm from such battery or extreme cruelty, or would enable the alien to avoid such battery or extreme cruelty in the future' before the semicolon; and

(B) in subparagraph (B), by inserting `or would alleviate the harm from such battery or extreme cruelty, or would enable the alien to avoid such battery or extreme cruelty in the future' before the period.

(j) ENSURING THAT BATTERED IMMIGRANTS HAVE ACCESS TO FOOD STAMPS AND SSI-

(1) QUALIFYING QUARTERS- Section 435(2) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1645(2)) is amended by striking `and the alien remains married to such spouse or such spouse is deceased' and inserting `if such spouse is deceased or if the alien remains married to such spouse (except that qualified aliens covered by section 431(c) may continue after divorce to count the qualifying quarters worked by their spouse during the marriage)'.

(2) FOOD STAMPS ACCESS FOR BATTERED IMMIGRANT QUALIFIED ALIENS AND THEIR CHILDREN- Section 7 of the Food Stamp Act of 1977 (7 U.S.C. 2016) is amended by adding at the end the following:

`(k) BATTERED IMMIGRANT QUALIFIED ALIEN ELIGIBILITY FOR FOOD STAMPS- Qualified alien battered immigrants under section 431(c) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 and their children are eligible to receive food stamps.'.

(k) TECHNICAL CORRECTIONS TO QUALIFIED ALIEN DEFINITION FOR BATTERED IMMIGRANTS- Section 431(c)(1)(B) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(c)(1)(B)) is amended--

(1) in clause (i), by striking `clause (ii), (iii), or (iv)' and inserting `clause (ii), (iii), (iv), (v), or (vi)';

(2) in clause (ii), by striking `clause (ii) or (iii)' and inserting `clause (i), (ii), (iii), or (iv)'; and

(3) by amending clause (iii) 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. 11. ACCESS TO LEGAL REPRESENTATION AND SERVICES FOR BATTERED IMMIGRANTS.

(a) CONSTRUCTION- Section 502 of the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1998 (Public Law 105-119; 111 Stat. 2511) is amended by adding at the end the following:

`(c) CONSTRUCTION- This section shall not be construed to prohibit a recipient from--

`(1) using funds derived from a source other than the Legal Services Corporation to provide related legal assistance (as that term is defined in subsection (b)(2)) to any alien who has been battered or subjected to extreme cruelty by a person with whom the alien has a relationship covered by the domestic violence laws of the State in which the alien resides or in which an incidence of violence occurred;

`(2) using Legal Services Corporation funds to provide related legal assistance to any alien who has been battered or subjected to extreme cruelty who qualifies for classification under clause (iii), (iv), (v), or (vi) of section 204(a)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)), clause (ii), (iii), or (iv) of section 204(a)(1)(B) of such Act (8 U.S.C. 1154(a)(1)(B)), or subsection (b)(2) of section 240A of such Act (8 U.S.C. 1229b) or 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 (8 U.S.C. 1101 note).'.

(b) LAW ENFORCEMENT AND PROSECUTION GRANTS-

(1) Section 2001(b)(5) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796bb(b)(5)) is amended--

(A) by striking `to racial, cultural, ethnic, and language minorities' and inserting `to underserved populations'; and

(B) by inserting `providing immigration assistance to victims of domestic violence,' after `protection orders are granted,'.

(2) Section 2002 of such Act (42 U.S.C. 3796gg) is amended--

(A) in subsection (h)(1), by inserting before the period the following: `, the demographics of underserved populations in the State and details about the percentage of funding that went to serve which underserved populations, the programs that received such funding, and the involvement of programs serving underserved populations in the development of the State plan under subsection (c)(2)';

(B) in subsection (d)(1)(D), by striking `age, marital status, disability, race, ethnicity and language background' and inserting `marital status and characteristics of any underserved populations';

(C) in subsection (d)--

(i) by striking `and' at the end of paragraph (2),

(ii) by striking the period at the end of paragraph (3) and inserting `; and', and

(iii) by adding at the end the following:

`(4) in the case of a State, Indian tribal government, or unit of local governments applying as subgrantee for a grant under this section, a certification that its laws or official policies comply with each of the provisions of section 2101(c).

The requirements of paragraph (4) do not apply to a nonprofit, nongovernmental entity that is applying for grants under this section.'; and

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

`(i) REPORT ON SERVICES FOR UNDERSERVED POPULATIONS- The Violence Against Women Grants Office in the Department of Justice shall submit to Congress, not later than 1 year after the date of the enactment of this subsection, a report that contains the following information:

`(1) The quantity and percentage of funding awarded to serve underserved populations by each State under each of the following:

`(A) Grants to combat violent crimes against women under section 2001.

`(B) Grants to encourage arrest under section 2101.

`(C) Rural domestic violence and child abuse enforcement assistance grants under section 40295(a)(2) of the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103-322, 42 U.S.C. 13971(a)(2)).

`(D) Civil legal assistance grants under title I of the Department of Justice Appropriations Act, 1999.

`(E) Campus domestic violence grants under section 826 of the Higher Education Amendment Act of 1998 (Public Law 105-244; 20 U.S.C. 1152).

`(2) The percentage of each underserved population in the demographic make up of each State compared to the amount of funding aimed at addressing the needs of that underserved population.

`(3) The extent to which grants to provide services to underserved populations are awarded to programs with experience and history working with underserved populations of battered women or sexual assault victims, to programs that have bilingual or bicultural staff, and to collaborations between domestic violence or sexual assault programs and programs experienced in serving particular underserved populations and to other grantees.

`(4) The extent to which nonprofit, nongovernmental victim service organizations with experience serving various underserved populations of battered women and sexual assault or stalking victims were consulted in the development of the State plan under section 2001(c)(2), the application under section section 2102(a)(4), or the community cooperation referred to in section 40295(a)(3) of the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103-322, 42 U.S.C. 13971(a)(3)).'.

(3) Section 2003(7) of such Act (42 U.S.C. 3796gg-2(7)) is amended to read as follows:

`(7) the term `underserved populations' includes populations underserved because of race, ethnicity, age, disability, sexual orientation, religion, alienage status, geographic location (including rural isolation), language barriers, and any other populations determined to be underserved in the State planning process; and'.

(4) Section 2004(b)(3) of such Act (42 U.S.C. 3796gg-3(b)(3)) is amended by striking all that follows `relationship of victim to the offender' and inserting `and the membership of persons served in any underserved populations; and'.

(c) GRANTS TO ENCOURAGE ARRESTS-

(1) Section 2101 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh) is amended--

(A) in subsection (b)(5), by inserting before the period the following: `, including strengthening legal advocacy for domestic violence victims in immigration cases';

(B) in subsection (c)--

(i) by striking `and' at the end of paragraph (3);

(ii) by striking the period at the end of paragraph (4) and inserting a semicolon; and

(iii) by adding at the end the following new paragraphs:

`(5) certify that their laws, policies, and practices require issuance of protection orders that are jurisdictionally sound and that all protection orders are issued after a finding, after an admission by the abuser, or based on the facts in the victim's petition that are uncontested by the abuser; and

`(6) certify that their laws, policies, and practices--

`(A) keep locational information and services provided to victims of domestic violence confidential and comply with all State and Federal laws and rules of professional practice regarding confidentiality;

`(B) guarantee that information is not released to any person without the express permission of the abuse victim, except when such information is required for a legitimate law enforcement purpose unrelated to the victim's abuser; and

`(C) assure that locational information about a victim or the services obtained by a victim are not considered a matter of public record.'; and

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

`(d) ADDITIONAL PROVISIONS- (1) The requirements of subsection (c) do not apply to nonprofit, nongovernmental entities applying for grants under this section.

`(2) All grantees and subgrantees of grants in effect on the date of the enactment of this subsection or submitting new applications for funding after such date that are States, Indian tribal governments, or units of local government shall submit a certification by the chief executive officer of the State, tribal government, or local government entity that the conditions of subsections (c)(5) and (c)(6) are met (or will be met) not later than the date on which the next session of the State or Indian tribal legislature ends, but in no case later than 2 years after such date of enactment.

`(3) Failure by a grantee to comply with the certifications contained in paragraphs (1) thorough (6) of subsection (c) may result in suspension or revocation of funding. Once a grantee

or subgrantee has been notified that its funding will be revoked, they shall be granted 6 months to bring their laws, policies, or practices into compliance before the revocation takes effect. Any funds that are not distributed to grantees or are removed from grantees under this paragraph shall be distributed to other eligible entities within the State. For grants under section 2002, the funds are to be redistributed first to entities within the same formula category and then, if there are no eligible entities within the same formula category, to other eligible entities without regard to the formula.'.

(2) Section 2103 of such Act (42 U.S.C. 3796hh-2) is amended by adding at the end the following: `Each report shall include information about the demographics of underserved populations in the State and details about the percentage of funding that went to serve which underserved populations, the programs that received such funding, and the involvement of programs serving underserved populations in the community participation described in section 2102(a)(4).'.

(d) RURAL DOMESTIC VIOLENCE AND CHILD ABUSE ENFORCEMENT GRANTS- Section 40295 of the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103-322, 108 Stat. 1953, 42 U.S.C. 13971(aa)(2)) is amended--

(1) by amending subsection (a)(2) to read as follows:

`(2) to provide treatment, counseling, and legal assistance to victims of domestic violence and child abuse, including assistance to victims in immigration matters; and'; and

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

`(d) APPLICATION REQUIREMENTS- States, Indian tribal governments, and units of local government applying for grants under this section must certify that their laws, policies, and practices comply with each of the provisions of section 2101(c) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh(c)).

`(e) GRANTEE REPORTING- Upon completion of the grant period under this part, a State or Indian tribal grantee shall file a performance report with the Attorney General. The report shall explain the activities carried out and shall evaluate the effectiveness of projects developed with the funds provided under the grant. The report shall include information about the demographics of underserved populations in the State and details about the percentage of funding that went to serve which underserved populations, the programs that received such funding, and the involvement of programs serving underserved populations in the community cooperation in subsection (a)(3).',

(e) FAMILY VIOLENCE PREVENTION AND SERVICES ACT-

(1) Section 303(a)(2)(C) of the Family Violence Prevention and Services Act (42 U.S.C. 10402(c)(2)(C)) is amended by striking `populations underserved because of ethnic, racial, cultural, language diversity or geographic isolation' and inserting `populations underserved because of race, ethnicity, age, disability, sexual orientation, religion, alienage status, geographic location (including rural isolation), language barriers, and any other populations determined to be underserved'.

(2) Section 311(a)(4) of such Act (42 U.S.C. 10410(a)(4)) is amended by striking `underserved racial, ethnic or language-minority populations' and inserting `underserved populations as the term is used in section 303(a)(2)(C)'.

(3) Section 303(a)(4) of such Act (42 U.S.C. 10402(a)(4)) is amended by inserting after the first sentence the following: `This performance report shall include information about the demographics of underserved populations in the State and details about the percentage of funding that went to serve which underserved populations, the programs that received such funding, and the involvement of programs serving underserved populations in the procedures described in subsection (a)(2)(C).'.

(4) Section 303 of such Act (42 U.S.C. 10402) is further amended by adding at the end the following new subsection:

`(g) The Secretary shall submit to Congress, not later than 1 year after the date of the enactment of this subsection, a report that contains the following information:

`(1) The quantity and percentage of funding awarded to serve underserved populations by each State under programs funded under this Act.

`(2) The percentage of each underserved population in the demographic make up of each State compared to the amount of funding aimed at addressing the needs of that underserved population.

`(3) The extent to which grants to provide services to underserved populations are awarded to programs with experience and history working with underserved populations of battered women or sexual assault victims, to programs that have bilingual or bicultural staff, and to collaborations between domestic violence or sexual assault programs and programs experienced in serving particular underserved populations and to other grantees.

`(4) The extent to which nonprofit, nongovernmental victim service organizations with experience serving various underserved populations of battered women and sexual assault or stalking victims were involved in the procedures described in subsection (a)(2)(C).'.

(f) CIVIL LEGAL ASSISTANCE- Title I of the Department of Justice Appropriations Act, 1999 (contained within the Omnibus Consolidated and Emergency Supplemental Appropriations Act of 1999 (Public Law 105-277)) is amended, under the heading of `Office of Justice Programs, State and Local Law Enforcement Assistance', by striking the period at the end and inserting the following: `, of which $206,750,000 shall be available for Grants To Combat Violence Against Women, to States, units of local government, and Indian tribal governments, as authorized by section 1001(a)(18) of said Act, including $23,000,000 which shall be used exclusively for the purpose of strengthening civil legal assistance programs for victims of domestic violence. Civil legal assistance under this heading includes (but is not limited to) legal assistance to victims of domestic violence, stalking or sexual assault in divorce, custody, child support, protection orders, immigration, public benefits, housing, consumer law and any other legal matter that will further the health, safety, and economic well-being of victims of domestic violence, stalking, or sexual assault.'.

(g) CAMPUS DOMESTIC VIOLENCE GRANTS- Section 826 of the Higher Education Amendments of 1998 (Public Law 105-244; 20 U.S.C. 1152) is amended--

(1) in subsection (b)(5), by inserting before the period at the end the following: `, including legal assistance to victims in civil, criminal, administrative, immigration, or disciplinary matters'; and

(2) in subsection (c)(2)(C), by striking `and number of students' and inserting `number of students, and services being offered to various underserved populations (as such term is defined in section 2003(7) of the Omnibus Crime Control and Safe Streets Act of 1968);'.

(h) STATE JUSTICE INSTITUTE GRANTS- Section 206(c) of the State Justice Institute Act of 1984 (42 U.S.C. 10705(c)) is amended--

(1) by redesignating paragraph (15) as paragraph (16); and

(2) by inserting after paragraph (14) the following new paragraph:

`(15) to support studies and investigate and carry out research on issues of battering and extreme cruelty against non-citizens, including the ramifications of the immigration provisions of the Violence Against Women Act of 1994 and subsequent immigration law reforms on the ability of victims to access civil, family, and criminal courts and the immigration consequences of civil, family, and criminal court actions; and'.

SEC. 12. VIOLENCE AGAINST WOMEN ACT TRAINING FOR INS OFFICERS, IMMIGRATION JUDGES, AND CIVIL AND CRIMINAL COURT JUSTICE SYSTEM PERSONNEL.

(a) VIOLENCE AGAINST WOMEN-

(1) MILITARY TRAINING CONCERNING DOMESTIC VIOLENCE- The Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by inserting after section 2006 (42 U.S.C. 3796gg-5) the following new section:

`SEC. 2007. MILITARY TRAINING CONCERNING DOMESTIC VIOLENCE.

`Each branch of the United States military is required to train its supervisory military officers on domestic violence, the dynamics of domestic violence in military families, the types of protection available for battered immigrant women and children abused by their United States citizen or lawful permanent resident spouse or parent under the Violence Against Women Act of 1994, and the problems of domestic violence in families in which a United States citizen or lawful permanent resident member of the military is married to a non-United States citizen.'.

(2) INS TRAINING- Section 2001 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3795gg) is amended--

(A) in subsection (a), by inserting `the Immigration and Naturalization Service and the Executive Office of Immigration Review,' after `Indian tribal governments,';

(B) in subsection (b)(1), by inserting `, immigration and asylum officers, immigration judges,' after `law enforcement officers'; and

(C) in subsection (b)--

(i) by striking `and' at the end of paragraph (6),

(ii) by striking the period at the end of paragraph (7) and inserting `; and', and

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

`(8) training justice system personnel on the immigration provisions of the Violence Against Women Act of 1994 and their ramifications for victims of domestic violence appearing in civil and criminal court proceedings and potential immigration consequences for the perpetrators of domestic violence.'.

(b) EFFECT ON OTHER GOALS- Section 287(g) of the Immigration and Nationality Act (8 U.S.C. 1357(g)) is amended by adding at the end the following:

`(11) Congress finds that public policy favors encouraging the prosecution of criminals; and therefore, nothing in this section may be construed to discourage crime victims, including domestic violence victims, from cooperating with law enforcement officials and prosecutors, including reporting of crimes committed against them to police, from cooperating in criminal prosecutions, or from seeking from courts protection orders or other legal relief available under State or Federal laws needed to protect crime victims from ongoing violence.'.

(c) REPORT- Not later than 6 months after the date of the enactment of this Act, the Attorney General shall submit a report to the Committees on the Judiciary of the Senate and House of Representatives on--

(1) the number of and processing times for petitions under clauses (iii) and (iv) of section 204(a)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)) and under clauses (ii) and (iii) of section 204(a)(1)(B) of such Act (8 U.S.C. 1154(a)(1)(B)) at district offices of the Immigration and Naturalization Service and at the regional office of the Service in St. Albans, Vermont;

(2) 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 place such alien in deportation or removal proceedings so that such alien may apply for suspension of deportation or cancellation of removal, the number of requests filed at each district office under this policy, and the number of these requests granted, reported separately for each district; and

(3) 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 immigrant appears before an immigration judge to file an application for suspension of deportation or cancellation of removal.

SEC. 13. PROTECTION FOR CERTAIN CRIME VICTIMS INCLUDING CRIMES AGAINST WOMEN.

(a) FINDINGS AND PURPOSE-

(1) FINDINGS-

(A) Trafficking of humans, particularly women and children, is denounced by the international community as an egregious human rights violation perpetuated increasing by organized and sophisticated criminal enterprises.

(B) Trafficking to place persons in forced labor, servitude, or in slavery-like conditions has been identified as a multinational crime problem of growing severity with increasing ties to internal organized crime. Traffickers recruit and transport persons, especially women and children, to the United States in order to exploit them under horrific conditions through the use of force, violence, debt bondage, or other coercive tactics.

(C) Similarly, immigrant women and children are often targeted to be victims of crimes committed against them in the United States, including rape, torture, incest, battery or extreme cruelty, sexual assault, female genital mutilation, forced prostitution, being held hostage or other violent crimes. All women and children who are victims of trafficking, domestic violence, sexual assault, being held hostage, 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 criminal prosecution of their abusers.

(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, 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 aliens who are 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 trafficking or similar egregious offenses, 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, to assure family unity, or when it 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 new subparagraph:

`(T) 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 or has supplied such information to Federal or State law enforcement officials or a Federal or State administrative agency investigating or bringing an enforcement action;

`(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; and

`(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.'.

(c) CONDITIONS FOR ADMISSION-

(1) NUMERICAL LIMITATIONS, PERIOD OF ADMISSION, ETC- Section 214 of such Act (8 U.S.C. 1184) is amended by adding at the end the following new subsection:

`(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); and

`(B) shall abide by any other condition, limitation, or restriction imposed by the Attorney General.

`(4) The provisions of section 204(a)(1)(H) shall apply to applications to obtain nonimmigrant status under section 101(a)(15)(T). Credible evidence to meet the conditions described in clauses (i), (ii), or (iii) of section 101(a)(15)(T) may include certification from a Federal or State law enforcement officer or prosecutor or a Federal or State official responsible for bringing enforcement actions that the alien is willing to cooperate or has cooperated in a criminal or civil court action or investigation or Federal or State administrative agency enforcement action or investigation.'.

(2) PROHIBITION OF CHANGE OF NONIMMIGRANT CLASSIFICATION- Section 248(1) of such Act (8 U.S.C. 1258(1)) is amended by striking `or (S)' and inserting `(S), or (T)'.

(d) ADJUSTMENT TO PERMANENT RESIDENT STATUS-

(1) IN GENERAL- Section 245 of such Act (8 U.S.C. 1255) is amended by adding at the end the following new subsection:

`(l)(1) 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 assure 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).

`(2) Upon the approval of adjustment of status under paragraph (1), the Attorney General shall record the alien's lawful admission for permanent residence as of the date of such approval and the Secretary of State shall reduce by one the number of visas authorized to be issued under sections 201(d) and 203(b)(4) for the fiscal year then current.'.

(2) EXCLUSIVE MEANS OF ADJUSTMENT- Section 245(c)(5) of such Act (8 U.S.C. 1255(c)(5)) is amended by striking `sections 101(a)(15)(S),' and inserting `subparagraph (S) or (T) of section 101(a)(15)'.

SEC. 14. ACCESS TO CUBAN ADJUSTMENT 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 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) of the Immigration and Nationality Act.'.

(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. 15. ACCESS TO THE NICARAGUAN AND CENTRAL AMERICAN RELIEF ACT FOR BATTERED SPOUSES AND CHILDREN.

Section 309(c)(5)(C)(i) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as amended by section 203(a)(1) of the Nicaraguan Adjustment and Central American Relief Act (title II of Public Law 105-100, 111 Stat. 2196) is amended--

(1) by striking `or ' at the end of subclause (IV);

(2) by striking the period at the end of subclause (V) and inserting a semicolon; and

(3) by adding at the end the following:

`(VI) is, at the time of filing of an application under subclause (I), (II), (V), or (VI) of this clause, the spouse or child (as defined in paragraph (1) or (6) of section 101(b) of the Immigration and Nationality Act, 8 U.S.C. 1101(b)) of an individual described in subclause (I), (II) or (V) of this clause 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); or

`(VII) is, at the time of filing of an application under subclause (I), (II), (V), or (VII) of this clause, the unmarried son or daughter of an individual described in subclause (I), (II) or (V) of this clause who has been battered or subjected to extreme cruelty by the parent described in subclause (I), (II), or (V) and, in the case of a son or daughter who is 21 years of age or older at the time the decision is rendered to suspend the deportation or cancel the removal of the son or daughter, the son or daughter must have entered the United States on or before October 1, 1990.

In acting on a petition filed under subclause (VI) or (VII), the provisions set forth in section 204(a)(1)(H) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(H)) shall apply.'.

SEC. 16. ACCESS TO THE HAITIAN REFUGEE IMMIGRATION FAIRNESS ACT OF 1998 FOR BATTERED SPOUSES AND CHILDREN.

Section 902(d)(1) of the Haitian Refugee Immigration Fairness Act of 1998 (title IX of the Treasury and General Government Appropriations Act, 1999, contained in Public Law 105-277) is amended--

(1) by amending subparagraph (B) to read as follows:

`(B)(i)(I) the alien is the spouse, child, or unmarried son or daughter, of an alien whose status is adjusted to that of an alien lawfully admitted for permanent residence under subsection (a), or (II) at the time of filing of the application for adjustment of status under subsection (a) or this subsection the alien is the spouse, child, or unmarried son or daughter of an alien whose status is adjusted to that of an alien lawfully admitted for permanent residence under subsection (a) and the spouse, child, son, daughter or child of the spouse has been battered or subjected to extreme cruelty by the individual described in subsection (a); and

`(ii) in the case of such an unmarried son or daughter, the son or daughter shall be required to establish that he or she has been physically present in the United States for a continuous period beginning not later than December 31, 1995, and ending not earlier than the date the application for such adjustment is filed;'; and

(2) by adding after and below subparagraph (D) the following:

`In acting on an application filed under this section for an individual described in subparagraph (B)(i)(II), the provisions set forth in section 204(a)(1)(H) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(H)) shall apply.'.

END

 



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