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< Back to current issue of Immigration Daily < Back to current issue of Immigrant's Weekly

 

 

106th CONGRESS

 

2d Session

 

H. R. 4966

To Amend the Immigration and Nationality Act to Restore Fairness to Immigration Law, and for Other Purposes.

 

IN THE HOUSE OF REPRESENTATIVES

 

July 26, 2000

Mr. CONYERS (for himself, Ms. JACKSON-LEE of Texas, Mrs. MORELLA, Ms. ROYBAL-ALLARD, Mr. GUTIERREZ, Mr. CLYBURN, Mr. UNDERWOOD, Mrs. MEEK of Florida, Mr. FRANK of Massachusetts, Mr. BERMAN, Mr. NADLER, Ms. WATERS, Mr. DELAHUNT, Mr. WEINER, Mr. FILNER, Ms. LEE, Ms. SCHAKOWSKY, Mr. HASTINGS of Florida, Mr. KENNEDY of Rhode Island, Mr. MCDERMOTT, Mr. SERRANO, Mr. FROST, Mr. CROWLEY, Ms. MILLENDER-MCDONALD, Ms. BROWN of Florida, Mrs. MINK of Hawaii, and Mr. BISHOP) introduced the following bill; which was referred to the Committee on the Judiciary

--------------------------------------------------------------------------------

A BILL

To amend the Immigration and Nationality Act to restore fairness to immigration law, 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; AMENDMENTS TO IMMIGRATION AND NATIONALITY ACT; TABLE OF CONTENTS.

 

(a) SHORT TITLE- This Act may be cited as the `Restoration of Fairness in Immigration Law Act of 2000'.

 

(b) AMENDMENTS TO IMMIGRATION AND NATIONALITY ACT- Except as otherwise specifically provided in this Act, whenever in this Act an amendment or repeal is expressed as the amendment or repeal of a section or other provision, the reference shall be considered to be made to that section or provision in the Immigration and Nationality Act.

 

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

 

Sec. 1. Short title; amendments to Immigration and Nationality Act; table of contents.

 

TITLE I--DUE PROCESS IN IMMIGRATION PROCEEDINGS

 

Subtitle A--Judicial Review in Immigration Proceedings

 

Sec. 101. Judicial review of administrative remedies and habeas corpus.

 

Sec. 102. Judicial review of asylum determinations.

 

Sec. 103. Judicial review of decisions concerning apprehension and detention of aliens.

 

Sec. 104. Judicial review of decisions concerning document fraud waivers.

 

Sec. 105. Judicial review of orders issued in absentia.

 

Sec. 106. Judicial review of denial of request for order of voluntary departure.

 

Sec. 107. Transitional changes in judicial review.

 

Subtitle B--Fairness in Removal Proceedings

 

Sec. 111. Equitable burden of proof for admissibility.

 

Sec. 112. Presumption in favor of withdrawal of application for admission.

 

Sec. 113. Absences outside the control of the alien.

 

Sec. 114. Reinstatement of removal orders against aliens illegally reentering.

 

Subtitle C--Fairness in Detention

 

Sec. 121. Restoring discretionary authority to the Attorney General in cases of individuals who pose no risk to safety or of fleeing.

 

Sec. 122. Periodic review of detention determination.

 

Sec. 123. Limitation on indefinite detention.

 

Sec. 124. Pilot program to consider alternatives to detention.

 

Sec. 125. Elimination of mandatory detention in expedited removal proceedings.

 

Sec. 126. Right to counsel.

 

Sec. 127. Clarification of intent of transitional provision on references to removal orders.

 

Subtitle D--Consular Review of Visa Applications

 

Sec. 131. Establishment of a Board of Visa Appeals.

 

Sec. 132. Nondiscrimination provisions.

 

TITLE II--FAIRNESS AND EQUITY IN CASES INVOLVING PREVIOUS AND MINOR MISCONDUCT

 

Subtitle A--Increased Fairness and Equity Concerning Removal Proceedings

 

Sec. 201. Equitable definition of `crime involving moral turpitude'.

 

Sec. 202. Equitable application and definition of `aggravated felony'.

 

Sec. 203. Equitable definitions of `conviction' and `term of imprisonment'.

 

Sec. 204. Equitable definition of `crimes of moral turpitude'.

 

Sec. 205. Restoration of fairness in equitable relief for long-time legal permanent residents.

 

Sec. 206. Restoration of fairness in equitable relief for other noncitizens.

 

Sec. 207. Eliminating unfair retroactive changes in removal rules for persons subject to pending proceedings.

 

Sec. 208. Eliminating unfair retroactive changes in removal rules for persons previously removed.

 

Subtitle B--Increased Fairness and Equity Concerning 5-Year Bars to Admission and Other Grounds for Exclusion

 

Sec. 211. Limiting 5-year bar to admission to persons who willfully fail to attend removal proceedings.

 

Sec. 212. Limiting 5-year bar to admission to persons who willfully violate student visa conditions.

 

Sec. 213. Limiting ban on admissibility to persons who willfully make false claims for citizenship.

 

Sec. 214. Equitable waiver of inadmissibility for minor criminal offenses.

 

Sec. 215. Reducing length of duration of bars to inadmissibility.

 

TITLE III--ENCOURAGING FAMILY REUNIFICATION

 

Subtitle A--Reuniting Family Members

 

Sec. 301. Visa for spouses and children of permanent residents temporarily waiting for visa numbers.

 

Sec. 302. Refugee status for unmarried sons and daughters of refugees.

 

Sec. 303. Asylee status for unmarried sons and daughters of asylees.

 

Sec. 304. Protection against processing delays.

 

Subtitle B--Limited Waiver of Grounds of Admissibility

 

Sec. 311. Discretionary waiver in cases involving family members.

 

Sec. 312. Discretionary waiver in document cases involving family members.

 

Sec. 313. Discretionary waiver to admit persons in unusual circumstances.

 

Subtitle C--Eliminating Unfairness and Waste in Section 245(i) Waivers

 

Sec. 321. Permanent application of section 245(i).

 

Sec. 322. Eliminating unfairness created by temporary sunset of section 245(i).

 

Subtitle D--Equitable Procedures Concerning Voluntary Departure

 

Sec. 331. Discretionary determination of period of voluntary departure.

 

Sec. 332. Discretionary determination of voluntary departure bond based on individual circumstances.

 

Sec. 333. Elimination of automatic penalties for failing to depart in accordance with a voluntary departure grant.

 

Subtitle E--Fairness in Determination of Public Charge

 

Sec. 341. Equitable procedures concerning public charge and affidavit of support.

 

TITLE IV--FAIRNESS IN ASYLUM AND REFUGEE PROCEEDINGS

 

Subtitle A--Increased Fairness in Asylum Proceedings

 

Sec. 401. Elimination of arbitrary time limits on asylum applications.

 

Sec. 402. Gender-based persecution.

 

Sec. 403. Elimination of arbitrary cap on persons eligible to adjust status from asylees to legal permanent residents.

 

Sec. 404. Restoration of eligibility for withholding of removal for persons facing loss of life or freedom.

 

Subtitle B--Increased Fairness and Rationality in Refugee Consultations

 

Sec. 411. Timely consultation with respect to refugee admissions.

 

TITLE V--INCREASED FAIRNESS AND EQUITY IN NATURALIZATION AND LEGALIZATION PROCEEDINGS

 

Subtitle A--Naturalization Proceedings

 

Sec. 501. Increased authorization of funds for naturalization proceedings.

 

Sec. 502. Exemption from English language requirement for certain aliens who served with special guerrilla units or irregular forces.

 

Sec. 503. Special consideration concerning civics requirement for certain aliens who served with special guerrilla units or irregular forces.

 

Sec. 504. Documentation of qualifying service.

 

Sec. 505. Determination of eligibility for exemption and special consideration.

 

Sec. 506. Deadline for application and payment of fees.

 

Subtitle B--Parity in Treatment for Refugees From Central America and Haiti

 

Sec. 511. Adjustment of status for certain nationals from El Salvador, Guatemala, Honduras, and Haiti.

 

Sec. 512. Applications pending under section 203 of the Nicaraguan Adjustment and Central American Relief Act.

 

Sec. 513. Applications pending under the Haitian Refugee Immigration Fairness Act of 1998.

 

Sec. 514. Technical amendments to the Nicaraguan Adjustment and Central American Relief Act.

 

Sec. 515. Technical amendments to the Haitian Immigration Fairness Act of 1998.

 

Sec. 516. Motions to reopen.

 

Subtitle C--Equality of Treatment for Women's Citizenship

 

Sec. 521. Declaration of citizenship for certain women who lost citizenship solely by reason of marriage to an alien prior to September 22, 1922.

 

Sec. 522. Equity in transmission of citizenship.

 

Subtitle D--Fairness in the Treatment for Refugees From Liberia

 

Sec. 531. Adjustment of status of certain Liberian nationals.

 

Subtitle E--Fairness in Review of Previously Granted Amnesty Rights

 

Sec. 541. Elimination of limitation on legalization litigation.

 

Subtitle F--Legal Amnesty Restoration

 

Sec. 551. Record of admission for permanent residence in the case of certain aliens.

 

Subtitle G--Equality of Treatment for Asian American Visa Petitions

 

Sec. 561. Immigration of certain aliens born in the Philippines or Japan and fathered by U.S. citizens.

 

TITLE VI--FAIRNESS AND COMPASSION IN THE TREATMENT OF BATTERED IMMIGRANTS

 

Sec. 601. Findings and purposes.

 

Sec. 602. Restoring immigration protections under the Violence Against Women Act of 1994 (VAWA).

 

Sec. 603. Remedying problems with implementation of the immigration provisions of VAWA.

 

Sec. 604. Waivers and exceptions to inadmissibility for otherwise qualified battered immigrants.

 

Sec. 605. Calculation of physical presence in VAWA cancellation of removal and suspension of deportation.

 

Sec. 606. Improved access to VAWA immigration protections for battered immigrant women.

 

Sec. 607. Improved access to VAWA cancellation of removal.

 

Sec. 608. Good moral character determinations.

 

Sec. 609. Economic security for battered immigrant women.

 

Sec. 610. Access to legal representation and services for battered immigrants.

 

Sec. 611. Violence Against Women Act training for INS officers, immigration judges, and civil and criminal court justice system personnel.

 

Sec. 612. Protection for certain crime victims including crimes against women.

 

Sec. 613. Access to Cuban Adjustment for battered immigrant spouses and children.

 

Sec. 614. Access to the Nicaraguan and Central American Relief Act for battered spouses and children.

 

Sec. 615. Access to the Haitian Refugee Immigration Fairness Act of 1998 for battered spouses and children.

 

TITLE VII--UNUSED EMPLOYMENT-BASED IMMIGRANT VISAS

 

Sec. 701. Recapture of unused employment-based immigrant visas.

 

TITLE VIII--MISCELLANEOUS PROVISIONS

 

Sec. 801. Technical and conforming change concerning Board of Immigration Appeals.

 

Sec. 802. Limiting forfeiture for certain assets used to violate INA where there was no commercial gain.

 

Sec. 803. Elimination of ban on State and local governments from preventing communications with the INS.

 

Sec. 804. Elimination of authority to permit State personnel to carry out immigration officer functions.

 

Sec. 805. Parole authority.

 

Sec. 806. Enhanced Border Patrol recruitment and retention.

 

Sec. 807. Elimination of denial of immigration benefits for erroneous asylum application.

 

Sec. 808. Authorization of appropriations for implementation of Act.

 

TITLE IX--EFFECTIVE DATES

 

Sec. 901. General effective date.

 

Sec. 902. Other effective dates.

 

TITLE I--DUE PROCESS IN IMMIGRATION PROCEEDINGS

 

Subtitle A--Judicial Review in Immigration Proceedings

 

SEC. 101. JUDICIAL REVIEW OF ADMINISTRATIVE REMEDIES AND HABEAS CORPUS.

 

Section 242 (8 U.S.C. 1252) is amended to read as follows:

 

`JUDICIAL REVIEW OF ORDERS OF REMOVAL

 

`SEC. 242. (a) The procedure prescribed by, and all the provisions of chapter 158 of title 28, United States Code, shall apply to, and shall be the sole and exclusive procedure for, the judicial review of all final orders of removal heretofore or hereafter made against aliens within the United States pursuant to administrative proceedings under section 240 or pursuant to section 238 of this Act or comparable provisions of any prior Act, except that--

 

`(1) a petition for review may be filed not later than 90 days after the date of the issuance of the final removal order, or, in the case of an alien convicted of an aggravated felony (including an alien described in section 238) not later than 30 days after the issuance of such order;

 

`(2) the venue of any petition for review under this section shall be in the judicial circuit in which the administrative proceedings before an immigration judge were conducted in whole or in part, or in the judicial circuit wherein is the residence, as defined in this Act, of the petitioner, but not in more than one circuit;

 

`(3) the action shall be brought against the Immigration and Naturalization Service, as respondent. Service of the petition to review shall be made upon the Attorney General of the United States and upon the official of the Immigration and Naturalization Service in charge of the Service district in which the office of the clerk of the court is located. The service of the petition for review upon such official of the Service shall stay the removal of the alien pending determination of the petition by the court, unless the court otherwise directs or unless the alien is convicted of an aggravated felony (including an alien described in section 238), in which case the Service shall not stay the removal of the alien pending determination of the petition of the court unless the court otherwise directs;

 

`(4) except as provided in clause (B) of paragraph (5) of this subsection, the petition shall be determined solely upon the administrative record upon which the removal order is based and the Attorney General's findings of fact, if supported by reasonable, substantial, and probative evidence on the record considered as a whole, shall be conclusive;

 

`(5) whenever any petitioner, who seeks review of an order under this section, claims to be a national of the United States and makes a showing that his claim is not frivolous, the court shall (A) pass upon the issues presented when it appears from the pleadings and affidavits filed by the parties that no genuine issue of material fact is presented; or (B) where a genuine issue of material fact as to the petitioner's nationality is presented, transfer the proceedings to a United States district court for the district where the petitioner has his residence for hearing de novo of the nationality claim and determination as if such proceedings were originally initiated in the district court under the provisions of section 2201 of title 28, United States Code. Any such petitioner shall not be entitled to have such issue determined under section 360(a) of this Act or otherwise;

 

`(6) whenever a petitioner seeks review of an order under this section, any review sought with respect to a motion to reopen or reconsider such an order shall be consolidated with the review of the order;

 

`(7) if the validity of a removal order has not been judicially determined, its validity may be challenged in a criminal proceeding against the alien for violation of subsection (a) or (b) of section 243 of this Act only by separate motion for judicial review before trial. Such motion shall be determined by the court without a jury and before the trial of the general issue. Whenever a claim to United States nationality is made in such motion, and in the opinion of the court, a genuine issue of material fact as to the alien's nationality is presented, the court shall accord him a hearing de novo on the nationality claim and determine that issue as if proceedings had been initiated under the provisions of section 2201

of title 28, United States Code. Any such alien shall not be entitled to have such issue determined under section 360(a) of this Act or otherwise. If no such hearing de novo as to nationality is conducted, the determination shall be made solely upon the administrative record upon which the removal order is based and the Attorney General's findings of fact, if supported by reasonable, substantial, and probative evidence on the record considered as a whole, shall be conclusive. If the removal order is held invalid, the court shall dismiss the indictment and the United States shall have the right to appeal to the court of appeals within 30 days. The procedure on such appeals shall be as provided in the Federal rules of criminal procedure. No petition for review under this section may be filed by any alien during the pendency of a criminal proceeding against such alien for violation of subsection (a) or (b) of section 243 of this Act;

 

 

`(8) nothing in this section shall be construed to require the Attorney General to defer removal of an alien after the issuance of a removal order because of the right of judicial review of the order granted by this section, or to relieve any alien from compliance with subsections (a) and (b) of section 243 of this Act. Nothing contained in this section shall be construed to preclude the Attorney General from detaining or continuing to detain an alien or from taking the alien into custody pursuant to section 241 of this Act at any time after the issuance of a removal order;

 

`(9) it shall not be necessary to print the record or any part thereof, or the briefs, and the court shall review the proceedings on a typewritten record and on typewritten briefs; and

 

`(10) any alien held in custody pursuant to an order of removal may obtain judicial review thereof by habeas corpus proceedings.

 

`(b) Notwithstanding the provisions of any other law, any alien against whom a final order of removal has been made heretofore or hereafter under the provisions of section 235 of this Act or comparable provisions of any prior Act may obtain judicial review of such order by habeas corpus proceedings and not otherwise.

 

`(c) An order of removal shall not be reviewed by any court if the alien has not exhausted the administrative remedies available to the alien as of right under the immigration laws and regulations or if the alien has departed from the United States after the issuance of the order. Every petition for review or for habeas corpus shall state whether the validity of the order has been upheld in any prior judicial proceeding, and, if so, the nature and date thereof, and the court in which such proceeding took place. No petition for review or for habeas corpus shall be entertained if the validity of the order has been previously determined in any civil or criminal proceeding, unless the petition presents grounds which the court finds could not have been presented in such prior proceeding, or the court finds that the remedy provided by such prior proceeding was inadequate or ineffective to test the validity of the order.

 

`(d)(1) A petition for review or for habeas corpus on behalf of an alien against whom a final order of removal has been issued pursuant to section 238(b) may challenge only--

 

`(A) whether the alien is in fact the alien described in the order;

 

`(B) whether the alien is in fact an alien described in section 238(b)(2)(A) who is not eligible for relief from removal under this Act;

 

`(C) whether the alien has been convicted of an aggravated felony and such conviction has become final; and

 

`(D) whether the alien was afforded the procedures required by section 238(b)(4).

 

`(2) No court shall have jurisdiction to review any issue other than an issue described in paragraph (1).'.

 

SEC. 102. JUDICIAL REVIEW OF ASYLUM DETERMINATIONS.

 

(a) AUTHORITY TO APPLY FOR ASYLUM- Section 208(a) (8 U.S.C. 1158(a)) is amended by striking paragraph (3).

 

(b) CONDITIONS FOR GRANTING ASYLUM- Section 208(b)(2) (8 U.S.C. 1158(b)(2)) is amended by striking subparagraph (D).

 

SEC. 103. JUDICIAL REVIEW OF DECISIONS CONCERNING APPREHENSION AND DETENTION OF ALIENS.

 

Section 236 (8 U.S.C. 1226) is amended by striking subsection (e).

 

SEC. 104. JUDICIAL REVIEW OF DECISIONS CONCERNING DOCUMENT FRAUD WAIVERS.

 

(a) INADMISSIBLE ALIENS- Section 212(d)(12) (8 U.S.C. 1182(d)(12)) is amended by striking the final sentence.

 

(b) DEPORTABLE ALIENS- Section 237(a)(3)(C)(ii) (8 U.S.C. 1227(a)(3)(C)(ii)) is amended by striking the final sentence.

 

SEC. 105. JUDICIAL REVIEW OF ORDERS ISSUED IN ABSENTIA.

 

Section 240(b)(5) (8 U.S.C. 1229a(b)(5)) is amended by striking subparagraph (D) and redesignating subparagraph (E) as subparagraph (D).

 

SEC. 106. JUDICIAL REVIEW OF DENIAL OF REQUEST FOR ORDER OF VOLUNTARY DEPARTURE.

 

Section 240B (8 U.S.C. 1229c) is amended by striking subsection (f).

 

SEC. 107. TRANSITIONAL CHANGES IN JUDICIAL REVIEW.

 

Section 309(c)(4) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1101 note) is repealed.

 

Subtitle B--Fairness in Removal Proceedings

 

SEC. 111. EQUITABLE BURDEN OF PROOF FOR ADMISSIBILITY.

 

Section 240(c)(2) (8 U.S.C. 1229a(c)(2)) is amended--

 

(1) in the matter preceding subparagraph (A), by striking `establishing--' and inserting `establishing, by clear and convincing evidence--';

 

(2) in subparagraph (A), by striking `clearly and beyond doubt'; and

 

(3) in subparagraph (B), by striking `by clear and convincing evidence,'.

 

SEC. 112. PRESUMPTION IN FAVOR OF WITHDRAWAL OF APPLICATION FOR ADMISSION.

 

Section 235(a)(4) (8 U.S.C. 1225(a)(4)) is amended to read as follows:

 

`(4) WITHDRAWAL OF APPLICATION FOR ADMISSION-

 

`(A) PRESUMPTION IN FAVOR OF WITHDRAWAL- The Attorney General shall permit an alien applying for admission to withdraw the application and depart immediately from the United States at any time, unless an immigration judge has rendered a decision with respect to the admissibility of the alien, except that the Attorney General may deny permission for the withdrawal when warranted by unusual circumstances.

 

`(B) PERMISSIVE WITHDRAWAL- Except as provided in subparagraph (A), an alien applying for admission may, in the discretion of the Attorney General and at any time after a decision described in such subparagraph has been rendered, be permitted to withdraw the application and depart immediately from the United States.'.

 

SEC. 113. ABSENCES OUTSIDE THE CONTROL OF THE ALIEN.

 

Section 101(a)(13)(C) (8 U.S.C. 1101(a)(13(C)) is amended by amending clause (ii) to read as follows:

 

`(ii) has been absent from the United States for a continuous period in excess of one year unless the alien's return was impeded by emergency or extenuating circumstances outside the control of the alien,'.

 

SEC. 114. REINSTATEMENT OF REMOVAL ORDERS AGAINST ALIENS ILLEGALLY REENTERING.

 

Section 241(a)(5) (8 U.S.C. 1231(a)(5)) is amended--

 

(1) by inserting `, after a hearing by an immigration judge,' after `If';

 

(2) by inserting `, on or after September 30, 1996,' after `alien has';

 

(3) by striking `is reinstated' and inserting `may be deemed to be reinstated';

 

(4) by striking `and is not subject' and all that follows through `under this Act'; and

 

(5) by striking the period at the end and inserting the following: `subject to reopening and review of the previous order. Nothing in this section shall preclude an alien from applying for any relief from removal under this Act.'.

 

Subtitle C--Fairness in Detention

 

SEC. 121. RESTORING DISCRETIONARY AUTHORITY TO THE ATTORNEY GENERAL IN CASES OF INDIVIDUALS WHO POSE NO RISK TO SAFETY OR OF FLEEING.

 

Section 236(c) (8 U.S.C. 1226(c)) is amended--

 

(1) in paragraph (1), by striking `Attorney General shall' and inserting `Attorney General may'; and

 

(2) by amending paragraph (2) to read as follows:

 

`(2) RELEASE- The Attorney General shall release any alien described in paragraph (1) if the alien satisfies the Attorney General that the alien will not pose a danger to the safety of other persons or of property and is likely to appear for any scheduled proceeding. All custody, bond, and parole determinations shall be reviewable by an immigration judge and subject to administrative appeal.'.

 

SEC. 122. PERIODIC REVIEW OF DETENTION DETERMINATION.

 

Section 241(a) (8 U.S.C. 1231(a)) is amended--

 

(1) by redesignating paragraph (6) as paragraph (6)(A);

 

(2) in paragraph (6)(A) (as redesignated), by inserting `for a reasonable period of time, not to exceed 9 months following the removal period, to allow for ongoing negotiations to effect such removal' after `removal period'; and

 

(3) by inserting before paragraph (7) the following:

 

`(B) Upon conclusion of the removal period and every 90 days thereafter, the Attorney General shall review whether the alien is required to be released under subsection (j).

 

`(C) Determinations under this subparagraph shall be subject to de novo review by an immigration judge and administrative appeal. In such review, it shall be the Attorney General's burden to prove that continued detention is authorized under subsection (a).'.

 

SEC. 123. LIMITATION ON INDEFINITE DETENTION.

 

Section 241 (8 U.S.C. 1231) is amended by adding at the end the following:

 

`(j) Notwithstanding any other provision of this section, including subsection (a)(2), the Attorney General may not detain an alien who requests release and demonstrates to the Attorney General that--

 

`(1) the alien is not a risk to the community and is likely to comply with the order of removal; and

 

`(2) removal of the alien cannot be effectuated within the removal period specified in section 241(a)(2).

 

The determination by the Attorney General shall be subject to de novo review by an immigration judge and administrative appeal.'.

 

SEC. 124. PILOT PROGRAM TO CONSIDER ALTERNATIVES TO DETENTION.

 

(a) PILOT PROGRAM ON ALTERNATIVES TO DETENTION IN PENAL SETTING- The Attorney General shall establish a pilot program in 3 district offices of the Immigration and Naturalization Service to determine the viability of supervision, through means other than confinement in a penal setting, of aliens who have no criminal record, or have a criminal record that includes only nonviolent minor offenses, but who are subject to detention under the Immigration and Nationality Act at the discretion of the Attorney General.

 

(b) STUDY AND REPORT ON ALTERNATIVES TO DETENTION IN PENAL SETTING- In carrying out subsection

(a), the Attorney General shall conduct a study, and submit a report to the Congress not later than 6 months after the date of the enactment of this Act, on alternatives to detention of aliens who have no criminal record (or have a criminal record that includes only nonviolent minor offenses) and are not inadmissible or deportable by reason of having committed a criminal offense in detention facilities used for the incarceration of persons convicted of a criminal offense.

 

 

SEC. 125. ELIMINATION OF MANDATORY DETENTION IN EXPEDITED REMOVAL PROCEEDINGS.

 

Section 235(b)(1)(B)(iii)(IV) (8 U.S.C. 1225(b)(1)(B)(iii)(IV)) is amended to read as follows:

 

`(IV) DETENTION- Aliens subject to the procedures under this clause shall be detained in accordance with section 236.'.

 

SEC. 126. RIGHT TO COUNSEL.

 

Section 292 (8 U.S.C. 1362) is amended by striking the matter after the section designation and inserting the following: `In any bond, custody, detention, or removal proceedings before the Attorney General and in any appeal proceedings before the Attorney General from any such proceedings, the person concerned shall have the privilege of being represented (at no expense to the government) by such counsel, authorized to practice in such proceedings, as he shall choose. With consent of their clients, counsel may enter appearances limited to bond, custody, or other specific proceedings.'.

 

SEC. 127. CLARIFICATION OF INTENT OF TRANSITIONAL PROVISION ON REFERENCES TO REMOVAL ORDERS.

 

Section 309(d)(2) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1101 note) is amended by striking `deportation.' and inserting `deportation, except that nothing in this paragraph shall be construed as making any change in the Immigration and Nationality Act made by this Act effective retroactively.'.

 

Subtitle D--Consular Review of Visa Applications

 

SEC. 131. ESTABLISHMENT OF A BOARD OF VISA APPEALS.

 

(a) IN GENERAL- The Immigration and Nationality Act is amended by inserting after section 224 the following new section:

 

`board of visa appeals

 

`SEC. 225. (a) ESTABLISHMENT- The Secretary of State shall establish within the Department of State a Board of Visa Appeals. The Board shall be composed of 5 members who shall be appointed by the Secretary. Not more than 2 members of the Board may be consular officers. The Secretary shall designate a member who shall be chairperson of the Board.

 

`(b) AUTHORITY AND FUNCTIONS- The Board shall have authority to review any discretionary decision of a consular officer with respect to an alien concerning the denial, revocation, or cancellation of an immigrant visa or of a nonimmigrant visa or petition, or the denial of an application for waiver of one or more grounds of inadmissibility under section 212. The review of the Board shall be made upon the record for decision of the consular officer, including all documents, notes, and memoranda filed with the consular officer, supplemented by affidavits and other writings if offered by the consular officer or alien. Upon a conclusive showing that the decision of the consular official is contrary to the preponderance of the evidence, the Board shall have authority to overrule, or remand for further consideration, the decision of such consular officer.

 

`(c) PROCEDURE- Proceedings before the Board shall be in accordance with such regulations, not inconsistent with this Act and sections 556 and 557 of title 5, United States Code, as the Secretary of State shall prescribe. Such regulations shall include requirements that provide that--

 

`(1) at the time of any decision of a consular officer under subsection (b), an alien, attorney of record, and any interested party defined in subsection (d) shall be given notice of the availability of the review process and the necessary steps to request such review;

 

`(2) a written record of the proceedings and decision of the consular officer (in accordance with sections 556 and 557 of title 5, United States Code) shall be available to the Board, and on payment of lawfully prescribed costs, shall be made available to the alien;

 

`(3) upon receipt of request for review under this section, the Board shall, within 30 days, notify the consular officer with respect to whose decision review is sought, and, upon receipt of such notice, such officer shall promptly (but in no event more than 30 days after such receipt) forward to the Board the record of proceeding as described in subsection (b);

 

`(4) the appellant shall be given notice, reasonable under all the circumstances of the time and place at which the Board proceedings will be held;

 

`(5) the appellant may be represented (at no expense to the Government) by such counsel, authorized to practice in such proceedings, as the appellant shall choose; and

 

`(6) a request for review under this section must be made in writing to the Board within 60 days after receipt of notice of the denial, revocation, or cancellation.

 

`(d) INTERESTED PARTIES- The Board shall review each decision described in subsection (b) upon request of the alien or any of the following interested parties:

 

`(1) The petitioner or beneficiary of an immigrant visa petition approved under section 203(a), 203(b)(1), 203(b)(4), 203(b)(5), or 203(c), or the petitioner of an immigrant visa petition approved under section 203(b)(2) or 203(b)(3).

 

`(2) The petitioner of a nonimmigrant visa petition.

 

`(3) The postsecondary educational institution approved for the attendance of nonimmigrant students under section 101(a)(15)(F)(i) or 101(a)(15)(M)(i) which has provided notice of the acceptance of the alien in its program.

 

`(4) A recognized international agency or organization approved as a program sponsor under section 101(a)(15)(J) which has provided notice of the acceptance of the alien in its program.

 

`(5) A treaty investor or trader individual or organization in the United States that, under section 101(a)(15)(E), has made an offer of employment to an alien to perform executive or supervisory management functions.

 

`(e) LIMITATION- A review may not be requested under this section more than once in any 24-month period.

 

`(f) CONSTRUCTION- This section may not be construed to restrict any right to further administrative or judicial review established under any other provision of law.

 

`(g) FEES- The Secretary of State shall charge, and collect, an appropriate fee associated with a request to the Board for a review. Such fee shall be sufficient to cover the cost of the administration of this section.'.

 

(b) TECHNICAL AMENDMENTS-

 

(1) Section 222(f) (8 U.S.C. 1202(f)) is amended--

 

(A) by striking `except that' and all that follows up to the period; and

 

(B) by adding at the end: `An interested party under section 225(d) or court shall be permitted to inspect the record of proceeding as described in subsections (c)(2) and (c)(3) of section 225.'.

 

(2) Section 104(a)(1) (8 U.S.C. 1104(a)(1)) is amended by striking the `except' and inserting `including'.

 

(3) The table of contents is amended by inserting after the item relating to section 224 the following new item:

 

`Sec. 225. Board of Visa Appeals.'.

 

SEC. 132. NONDISCRIMINATION PROVISIONS.

 

(a) NONDISCRIMINATION IN ISSUANCE OF IMMIGRANT VISAS- Section 202(a)(1) (8 U.S.C. 1152(a)(1)) is amended--

 

(1) in subparagraph (A), by inserting `sexual orientation, disability,' after `sex,'; and

 

(2) in subparagraph (B), by striking `processed.' and inserting `processed, to the extent that such procedures do not discriminate based on race, sex, sexual orientation, disability, nationality, place of birth, or place of residence in violation of subparagraph (A).'.

 

(b) NONDISCRIMINATION IN ISSUANCE OF NONIMMIGRANT VISAS- Section 214 (8 U.S.C. 1184) is amended--

 

(1) by redesignating the subsection (l) added by section 625(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 3009-1820) as subsection (m); and

 

(2) by adding at the end the following:

 

`(n) Except as specifically provided by law, no person shall receive any preference or priority or be discriminated against in the issuance of a nonimmigrant visa because of the person's race, sex, sexual orientation, disability, nationality, place of birth, or place of residence.'.

 

TITLE II--FAIRNESS AND EQUITY IN CASES INVOLVING PREVIOUS AND MINOR MISCONDUCT

 

Subtitle A--Increased Fairness and Equity Concerning Removal Proceedings

 

SEC. 201. EQUITABLE DEFINITION OF `CRIME INVOLVING MORAL TURPITUDE'.

 

(a) CONVICTION OF CERTAIN CRIMES- Section 212(a)(2)(A)(i) (8 U.S.C. 1182(a)(2)(A)(i)) is amended by striking `of, or who admits having committed, or who admits committing acts which constitute the essential elements of--' and inserting `of--'.

 

(b) EXCEPTION- Section 212(a)(2)(A)(ii)(II) (8 U.S.C. 1182(a)(2)(A)(ii)(II)) is amended--

 

(1) by striking `the maximum' and all that follows through `such crime,'; and

 

(2) by striking `6 months' and inserting `1 year'.

 

SEC. 202. EQUITABLE APPLICATION AND DEFINITION OF `AGGRAVATED FELONY'.

 

(a) ILLICIT TRAFFICKING- Section 101(a)(43)(B) (8 U.S.C. 1101(a)(43))(B)) is amended by striking `Code);' and inserting `Code), except a single offense of simple possession of a controlled substance that is an alien's first controlled substance offense;'.

 

 

(b) CRIMES OF VIOLENCE AND THEFT OFFENSES- Sections 101(a)(43)(F), (G), (J), (R), and (S) (8 U.S.C. 1101(c)(43)(F), (G), (J), (R), and (S)) are each amended by striking `imprisonment' and all that follows through the semicolon and inserting `imprisonment of more than 5 years;'.

 

(c) ALIEN SMUGGLING- Section 101(a)(43)(N) (8 U.S.C. 101(a)(43)(N)) is amended--

 

(1) by inserting `committed for the purpose of commercial advantage,' after `smuggling),'; and

 

(2) by adding at the end a semicolon.

 

(d) DISCRETIONARY WAIVER IN CASES OF OTHER MINOR FELONIES- Section 101 (8 U.S.C. 1101) is amended by adding at the end the following:

 

`(i) For purposes of this Act, and notwithstanding subsection (a)(43), the Attorney General may treat any conviction that did not result in incarceration for more than 1 year as if such conviction were not a conviction for an aggravated felony.'.

 

(e) CONFORMING CHANGE CONCERNING REMOVAL OF NONPERMANENT RESIDENTS- Section 238(b) (8 U.S.C. 1228(b)) is amended by striking paragraph (5).

 

SEC. 203. EQUITABLE DEFINITIONS OF `CONVICTION' AND `TERM OF IMPRISONMENT'.

 

Section 101(a)(48) (8 U.S.C. 1101(a)(48)) is amended--

 

(1) in subparagraph (A), by striking `court' and all that follows through the period at the end and inserting `court. An adjudication or judgment of guilt that has been expunged, deferred, annulled, invalidated, withheld, or vacated, an order of probation without entry of judgment, or any similar disposition shall not be considered a conviction for purposes of this Act.'; and

 

(2) in subparagraph (B)--

 

(A) by inserting `only' after `deemed to include'; and

 

(B) by striking `court of law' and all that follows through the period at the end and inserting `court of law. Any such reference shall not be deemed to include any suspension of the imposition or execution of that imprisonment or sentence in whole or in part.'.

 

SEC. 204. EQUITABLE DEFINITION OF `CRIMES OF MORAL TURPITUDE'.

 

Section 237(a)(2)(A)(i)(II) (8 U.S.C. 1227(a)(2)(A)(i)(II)) is amended to read as follows:

 

`(II) for which the alien has been incarcerated for a period exceeding one year,'.

 

SEC. 205. RESTORATION OF FAIRNESS IN EQUITABLE RELIEF FOR LONG-TIME LEGAL PERMANENT RESIDENTS.

 

(a) CANCELLATION OF REMOVAL- Section 240A(a)(3) (8 U.S.C. 1229b(a)(3)) is amended to read as follows:

 

`(3) has not been convicted of an aggravated felony for which the sentence imposed is five years or more.'.

 

(b) REPEAL OF RULE FOR TERMINATION OF CONTINUOUS PERIOD-

 

(1) Section 240A(d)(1) (8 U.S.C. 1229b(d)(1)) (8 U.S.C. 1229b(a)) is repealed.

 

(2) Section 240A(d) (8 U.S.C. 1229b) is amended--

 

(A) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively; and

 

(B) by inserting before the period at the end of paragraph (1) (as redesignated) the following: `, unless the alien's departure from the United States was due to a temporary trip abroad required by emergency or extenuating circumstances outside the control of the alien'.

 

SEC. 206. RESTORATION OF FAIRNESS IN EQUITABLE RELIEF FOR OTHER NONCITIZENS.

 

(a) CANCELLATION OF REMOVAL AND ADJUSTMENT FOR CERTAIN NONPERMANENT RESIDENTS- Section 240A(b)(1) (8 U.S.C. 1229b(b)(1)) is amended to read as follows:

 

`(1) IN GENERAL- The Attorney General may cancel removal in the case of an alien who is inadmissible or deportable from the United States if the alien--

 

`(A) has been physically present in the United States for a continuous period of--

 

`(i) 7 years immediately preceding the date of application in the case of an alien--

 

`(I) who is deportable on any ground other than a ground specified in clause (ii)(I); and

 

`(II) whose deportation would, in the opinion of the Attorney General, result in extreme hardship to the alien or the alien's spouse, parent, son, or daughter, who is a citizen of the United States or an alien lawfully admitted for permanent residence; or

 

 

`(ii) 10 years immediately preceding the date of application in the case of an alien--

 

`(I) who is deportable for conviction of an offense under section 212(a)(2), 237(a)(2), or 237(a)(3); and

 

`(II) whose deportation would, in the opinion of the Attorney General, result in exceptional and extremely unusual hardship to the alien or the alien's spouse, parent, son, or daughter, who is a citizen of the United States or an alien lawfully admitted for permanent residence'; and

 

`(B) has been a person of good moral character during such period.'.

 

(b) ELIMINATION OF ANNUAL LIMITATION- Section 240A (8 U.S.C. 1229b) is amended by striking subsection (e).

 

SEC. 207. ELIMINATING UNFAIR RETROACTIVE CHANGES IN REMOVAL RULES FOR PERSONS SUBJECT TO PENDING PROCEEDINGS.

 

(a) APPLICATION OF AGGRAVATED FELONY DEFINITION- The last sentence of section 101(a)(43) (8 U.S.C. 1101(a)(43)) is amended to read as follows: `The term shall not apply to any offense that was not covered by the term on the date on which the offense occurred.'.

 

(b) GROUNDS OF DEPORTABILITY- Section 237 (8 U.S.C. 1227) is amended by adding at the end the following new subsection:

 

`(d) Notwithstanding any other provision of this section, an alien is not deportable by reason of committing any offense that was not a ground of deportability on the date the offense occurred.'.

 

(c) GROUNDS OF INADMISSIBILITY- Section 212 (8 U.S.C. 1182) is amended by adding at the end the following new subsection:

 

`(p) Notwithstanding any other provision of this section, an alien is not inadmissible by reason of committing

any offense that was not a ground of inadmissibility on the date the offense occurred.'.

 

 

SEC. 208. ELIMINATING UNFAIR RETROACTIVE CHANGES IN REMOVAL RULES FOR PERSONS PREVIOUSLY REMOVED.

 

(a) IN GENERAL- The Attorney General shall establish a process by which an alien described in subsection (b) may apply for reopening a proceeding so as to seek relief from exclusion, deportation, or removal under section 212(c) of the Immigration and Nationality Act, as such section was in effect prior to the enactment of the Antiterrorism and Effective Death Penalty Act of 1996, or section 240A of the Immigration and Nationality Act, as amended by this Act.

 

(b) ALIEN DESCRIBED- An alien referred to in subsection (a) is an alien who received a final order of exclusion, deportation, or removal, or a decision on a petition for review or petition for habeas corpus, on or after September 30, 1996, and who was--

 

(1) excluded, deported, or removed from the United States by reason of having committed a criminal offense that was not a basis for removal, exclusion, or deportation on the date on which the offense was committed;

 

(2) excluded, deported, or removed from the United States by reason of having committed a criminal offense that is not a basis for removal, exclusion, or deportation on the date of enactment of this Act; or

 

(3) excluded, deported, or removed from the United States by reason of having committed a criminal offense prior to April 24, 1996, for which there was relief from exclusion, deportation, or removal available prior to such date.

 

(c) PAROLE- The Attorney General may in her discretion exercise the parole authority under section 212(d)(5)(A) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(5)(A)) for the purpose of permitting aliens excluded, deported, or removed from the United States to participate in the process established under subsection (a), if the alien establishes prima facie eligibility for the relief.

 

Subtitle B--Increased Fairness and Equity Concerning 5-Year Bars to Admission and Other Grounds for Exclusion

 

SEC. 211. LIMITING 5-YEAR BAR TO ADMISSION TO PERSONS WHO WILLFULLY FAIL TO ATTEND REMOVAL PROCEEDINGS.

 

Section 212(a)(6)(B) (8 U.S.C. 1182(a)(6)(B)) is amended to read as follows:

 

`(B) FAILURE TO ATTEND REMOVAL PROCEEDINGS-

 

`(i) IN GENERAL- Any alien who willfully and without reasonable cause fails or refuses to attend or remain in attendance at a proceeding to determine the alien's inadmissibility or deportability and who seeks admission to the United States within 5 years of such alien's subsequent departure or removal is inadmissible.

 

`(ii) WAIVER AUTHORIZED- For provision authorizing waiver of clause (i), see subsection (d)(13).'.

 

SEC. 212. LIMITING 5-YEAR BAR TO ADMISSION TO PERSONS WHO WILLFULLY VIOLATE STUDENT VISA CONDITIONS.

 

(a) IN GENERAL- Section 212(a)(6)(G) (8 U.S.C. 1182(a)(6)(G)) is amended to read as follows:

 

`(G) STUDENT VISA ABUSERS-

 

`(i) IN GENERAL- An alien who obtains the status of a nonimmigrant under section 101(a)(15)(F)(i) and who willfully violates a term or condition of such status under section 214(m) is inadmissible until the alien has been outside the United States for a continuous period of 5 years after the date of the violation.

 

`(ii) WAIVER AUTHORIZED- For provision authorizing waiver of clause (i), see subsection (d)(13).'.

 

(b) TECHNICAL AMENDMENT- Section 101(a)(15)(F)(i) (8 U.S.C. 1101(a)(15)(F)(i)) is amended by striking `214(l)' and inserting `214(m)'.

 

SEC. 213. LIMITING BAN ON ADMISSIBILITY TO PERSONS WHO WILLFULLY MAKE FALSE CLAIMS FOR CITIZENSHIP.

 

(a) CLASSES OF DEPORTABLE ALIENS- Section 237(a)(3)(D) (8 U.S.C. 1227(a)(3)(D)) is amended by inserting `and willfully' after `falsely' each place such term appears.

 

(b) CLASSES OF INADMISSIBLE ALIENS- Section 212(a)(6)(C)(ii) (8 U.S.C. 1182(a)(6)(C)(ii)) is amended by inserting `and willfully' after `falsely' each place such term appears.

 

SEC. 214. EQUITABLE WAIVER OF INADMISSIBILITY FOR MINOR CRIMINAL OFFENSES.

 

Section 212(h) (8 U.S.C. 1182(h)) is amended--

 

(1) in the matter preceding paragraph (1), by striking `offense of simple possession of 30 grams or less of marijuana' and inserting `controlled substance offense for which the alien was not incarcerated for a period exceeding 1 year'; and

 

(2) by striking the final two sentences.

 

SEC. 215. REDUCING LENGTH OF DURATION OF BARS TO INADMISSIBILITY.

 

Section 212(a)(9)(B)(i) (8 U.S.C. 1182(a)(9)(B)(i)) is amended--

 

(1) in subclause (I), by striking `3 years' and inserting `1 year'; and

 

(2) in subclause (II), by striking `10 years' and inserting `3 years'.

 

TITLE III--ENCOURAGING FAMILY REUNIFICATION

 

Subtitle A--Reuniting Family Members

 

SEC. 301. VISA FOR SPOUSES AND CHILDREN OF PERMANENT RESIDENTS TEMPORARILY WAITING FOR VISA NUMBERS.

 

(a) IN GENERAL- Section 101(a)(15) (8 U.S.C. 101(a)(15)) is amended--

 

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

 

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

 

(3) by inserting after subparagraph (S) the following:

 

`(T) an alien (other than one coming for the purpose of study or of performing skilled or unskilled labor or as a representative of foreign press, radio, film, or other foreign information media coming to engage in such vocation) who is the beneficiary of a petition approved under--

 

`(i) section 204 (excluding the provisions of such section referred to in clause (ii)) for classification by reason of a relationship described in section 203(a)(2)(A) with an alien lawfully admitted for permanent residence, who is awaiting the availability of an immigrant visa based upon such approval, and who seeks to enter the United States to achieve family unity by joining the permanent resident alien in the United States; or

 

`(ii) clause (iii), (iv), (v), or (vi) of section 204(a)(1)(A) or clause (ii), (iii), or (iv) of section 204(a)(1)(B) and who is awaiting the availability of an immigrant visa based upon such approval.'.

 

(b) PERIOD OF AUTHORIZED STATUS- Section 214(a)(2) (8 U.S.C. 1184(a)(2)) is amended by adding at the end the following:

 

`(C) The period of authorized status as a nonimmigrant described in section 101(a)(15)(T) shall be for one year. Such period may be extended for additional one-year periods by the Attorney General.'.

 

SEC. 302. REFUGEE STATUS FOR UNMARRIED SONS AND DAUGHTERS OF REFUGEES.

 

Section 207(c)(2) (8 U.S.C. 1157(c)(2)) is amended by adding at the end the following:

 

`When warranted by unusual circumstances or to preserve family unity, the Attorney General may, in the Attorney General's discretion, consider an unmarried son or daughter of a refugee to be a child of the refugee for purposes of this paragraph.'.

 

SEC. 303. ASYLEE STATUS FOR UNMARRIED SONS AND DAUGHTERS OF ASYLEES.

 

Section 208(b)(3) (8 U.S.C. 1158(b)(3)) is amended by adding at the end the following:

 

`When warranted by unusual circumstances or to preserve family unity, the Attorney General may, in the Attorney General's discretion, consider an unmarried son or daughter of an alien who is granted asylum under this subsection to be a child of the alien for purposes of this paragraph.'.

 

SEC. 304. PROTECTION AGAINST PROCESSING DELAYS.

 

(a) IN GENERAL-

 

(1) NEW SECTION- Title I (8 U.S.C. 1101 et seq.) is amended by adding at the end the following:

 

`protection against processing delays for children

 

`SEC. 106. (a) IN GENERAL-

 

`(1) DETERMINATION OF WHO IS A CHILD- In the case of an application initially to grant a benefit under this Act (other than an application for naturalization) that otherwise would be granted only after a determination that the beneficiary of the application is a child (such as classification as an immediate relative under section 201(b)(2)(A)(i)), if the application is neither approved nor denied (on procedural or substantive grounds) during the 90-day period beginning on the date of the filing of the application--

 

`(A) the beneficiary shall be considered to be a child for all purposes related to the receipt of the benefit if the beneficiary was a child on the last day of such 90-day period; and

 

`(B) the beneficiary shall not otherwise be prejudiced with respect to such determination by such delay, and shall be considered to be a child under this Act for all purposes related to such application.

 

`(2) TERMINATION OF BENEFIT- Paragraph (1) shall remain in effect until the termination of the 1-year period beginning on the date on which the application described in such paragraph is approved.

 

`(b) SPECIAL BENEFITS FOR SONS AND DAUGHTERS OF NATURALIZED PARENTS-

 

`(1) IN GENERAL- In the case of an alien son or daughter of a parent who is a naturalized citizen, if the alien is the beneficiary of an application for a benefit under this Act that otherwise would be granted only after a determination that the alien is a child--

 

`(A) the alien shall not be prejudiced with respect to such determination by the failure of the Attorney General to approve the parent's application for naturalization during the 90-day period beginning on date of the filing of the application; and

 

`(B) the alien son or daughter shall be considered to be a child for all purposes related to such application if the alien was a child on the last day of such 90-day period.

 

`(2) TERMINATION OF BENEFIT- Paragraph (1) shall remain in effect until the termination of the 1-year period beginning on the date on which the application described in such paragraph is approved.'.

 

(2) CLERICAL AMENDMENT- The table of contents of such Act is amended by inserting after the item relating to section 105 the following:

 

`Sec. 106. Protection against processing delays for children.'.

 

(b) PROTECTION AGAINST PREJUDICIAL EFFECTS OF PROCESSING DELAYS RELATED TO CHANGE IN FAMILY STATUS- Section 203 (8 U.S.C. 1153) is amended by adding at the end the following:

 

`(h) PROTECTION AGAINST PREJUDICIAL EFFECTS OF PROCESSING DELAYS RELATED TO CHANGE IN FAMILY STATUS-

 

`(1) IN GENERAL- In the case of an application for receipt of an immigrant visa under subsection (a), an application for receipt of an immigrant visa under subsection (d) based on a familial relationship to an alien entitled to immigrant status under subsection (a), or an application for adjustment of status under section 245 based on the availability of an immigrant visa under subsection (a), if the application is neither approved nor denied (on procedural or substantive grounds) during the 90-day period beginning on the date of the filing of the application, the eligibility of the alien beneficiary of the application, for all purposes related to the receipt of the applicable benefit, shall be adjudicated based on the alien's familial status and relationships on the last day of such 90-day period.

 

`(2) TERMINATION OF BENEFIT- Paragraph (1) shall remain in effect until the termination of the 1-year period beginning on the date on which the application described in such paragraph is approved.

 

`(3) CONSTRUCTION- Paragraph (1) shall not be construed to supersede any ground of inadmissibility under section 212(a).'.

 

(c) PREVENTING IMMIGRANTS FROM WAITING LONGER FOR IMMIGRANT VISAS AS A RESULT OF RECLASSIFICATION FROM FAMILY SECOND PREFERENCE TO FAMILY FIRST PREFERENCE- Section 203 (8 U.S.C. 1153) is amended by adding at the end the following new subsection:

 

`(h) ENSURING IMMIGRANTS DO NOT HAVE TO WAIT LONGER FOR AN IMMIGRANT VISA AS A RESULT OF RECLASSIFICATION FROM FAMILY SECOND PREFERENCE TO FAMILY FIRST PREFERENCE- Notwithstanding any other provision of law, in the case of a petition that has been approved to accord preference status under subsection (a)(2)(A), the petition may be deemed to provide continued entitlement to status under that subsection in the case of any alien petitioner who is subsequently naturalized as a United States citizen, if a visa is not immediately available to the beneficiary under subsection (a)(1).'.

 

Subtitle B--Limited Waiver of Grounds of Admissibility

 

SEC. 311. DISCRETIONARY WAIVER IN CASES INVOLVING FAMILY MEMBERS.

 

(a) IN GENERAL- Section 212(i) (8 U.S.C. 1182(i)) is amended to read as follows:

 

`(i) The Attorney General may, in the discretion of the Attorney General, waive the application of subparagraph (A)(i), or clause (i) or (ii) of subparagraph (C), of subsection (a)(6) in the case of an immigrant who is the parent, spouse, son, or daughter of a United States citizen or of an alien lawfully admitted for permanent residence if it is established to the satisfaction of the Attorney General that the refusal of admission to the United States of such immigrant alien would result in hardship to the alien or to the citizen or lawfully resident parent, spouse, son, or daughter of such an alien.'.

 

(b) CONFORMING AMENDMENTS- Section 212(a)(6) (8 U.S.C. 1182(a)(6)) is amended--

 

(1) in subparagraph (A), by adding at the end the following:

 

`(iii) WAIVER AUTHORIZED- For provision authorizing waiver of this subparagraph, see subsection (i).'; and

 

(2) in subparagraph (C)(iii), by striking `clause (i),' and inserting `this subparagraph'.

 

SEC. 312. DISCRETIONARY WAIVER IN DOCUMENT CASES INVOLVING FAMILY MEMBERS.

 

(a) INADMISSIBLE ALIENS- Section 212(d)(12) (8 U.S.C. 1182(d)(12)) is amended by striking `spouse or child' and inserting `spouse, son, daughter, or parent'.

 

(b) DEPORTABLE ALIENS- Section 237(a)(3)(C)(ii) (8 U.S.C. 1227(a)(3)(C)(ii)) is amended by striking `spouse or child' and inserting `spouse, son, daughter, or parent'.

 

SEC. 313. DISCRETIONARY WAIVER TO ADMIT PERSONS IN UNUSUAL CIRCUMSTANCES.

 

(a) NEW GENERAL WAIVER- Section 212(d) (8 U.S.C. 1182(d)) is amended by adding at the end the following:

 

`(13) The Attorney General may, in the discretion of the Attorney General for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest, waive the application of subparagraph (B)(i) or (G)(i) of subsection (a)(6), clause (i) or (ii) of subsection (a)(9)(A), or subsection (a)(9)(B)(i), in unusual circumstances. For purposes of the preceding sentence, an instance of battering or extreme cruelty is deemed to constitute unusual circumstances in the case where it is inflicted on an alien (or a child of an alien) by the alien's United States citizen or lawful permanent resident spouse, parent, child, son, or daughter.'.

 

(b) WAIVER FOR ALIENS PREVIOUSLY REMOVED-

 

(1) CERTAIN ALIENS PREVIOUSLY REMOVED- Section 212(a)(9)(A) (8 U.S.C. 1182(a)(9)(A)) is amended by adding at the end the following:

 

`(iv) WAIVER AUTHORIZED- For provision authorizing waiver of clause (i) or (ii), see subsection (d)(13).'.

 

(2) ALIENS UNLAWFULLY PRESENT- Section 212(a)(9)(B)(v) (8 U.S.C. 1182(a)(9)(B)(v)) is amended to read as follows:

 

`(v) WAIVER AUTHORIZED- For provision authorizing waiver of clause (i), see subsection (d)(13).'.

 

Subtitle C--Eliminating Unfairness and Waste in Section 245(i) Waivers

 

SEC. 321. PERMANENT APPLICATION OF SECTION 245(i).

 

Section 245(i)(1) (8 U.S.C. 1255(i)(1)) is amended by striking `(i)(1)' and all that follows through `The Attorney General' and inserting the following:

 

`(i)(1) Notwithstanding the provisions of subsections (a) and (c) of this section, an alien physically present in the United States who--

 

`(A) entered the United States without inspection; or

 

`(B) is within one of the classes enumerated in subsection (c) of this section;

 

may apply to the Attorney General for the adjustment of his or her status to that of an alien lawfully admitted for permanent residence. The Attorney General'.

 

SEC. 322. ELIMINATING UNFAIRNESS CREATED BY TEMPORARY SUNSET OF SECTION 245(i).

 

The Attorney General may waive section 212(a)(9)(B) of the Immigration and Nationality Act in the case of an alien who--

 

(1) was ineligible for adjustment of status under section 245(i) of the Immigration and Nationality Act, as in effect on the day before the date of the enactment of this Act;

 

(2) departed from the United States because of such ineligibility after the date of the enactment of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998, and before the date of the enactment of this Act; and

 

(3) would be eligible for adjustment of status under section 245(i) by reason of the amendment made by section 321 but for such departure.

 

Subtitle D--Equitable Procedures Concerning Voluntary Departure

 

SEC. 331. DISCRETIONARY DETERMINATION OF PERIOD OF VOLUNTARY DEPARTURE.

 

Section 240B (8 U.S.C. 1229c) is amended in subsections (a)(2) and (b)(2) by striking `not be valid' and all that follows through the period and inserting `be valid for a period determined by the Attorney General to be suitable to an alien's circumstances and that permits the alien to depart without government expense or intervention.'.

 

SEC. 332. DISCRETIONARY DETERMINATION OF VOLUNTARY DEPARTURE BOND BASED ON INDIVIDUAL CIRCUMSTANCES.

 

Section 240B(b)(3) (8 U.S.C. 1229c(b)(3)) is amended by striking `shall' and inserting `may'.

 

SEC. 333. ELIMINATION OF AUTOMATIC PENALTIES FOR FAILING TO DEPART IN ACCORDANCE WITH A VOLUNTARY DEPARTURE GRANT.

 

Section 240B (8 U.S.C. 1229c) is amended by striking subsection (d).

 

Subtitle E--Fairness in Determination of Public Charge

 

SEC. 341. EQUITABLE PROCEDURES CONCERNING PUBLIC CHARGE AND AFFIDAVIT OF SUPPORT.

 

(a) GROUNDS FOR INELIGIBILITY FOR ADMISSION- Section 212(a)(4) (8 U.S.C. 1182(a)(4)) is amended--

 

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

 

`(ii) If an alien submits an affidavit of support described in section 213A, in addition to the factors under clause (i), the consular officer or the Attorney General shall also consider such affidavit in determining whether the alien is inadmissible under this paragraph.'; and

 

(2) by striking subparagraphs (C) and (D).

 

(b) REQUIREMENTS FOR SPONSOR'S AFFIDAVIT OF SUPPORT- Subsections (a)(1)(A), (f)(1)(E), and (f)(4)(B)(i) of section 213A (8 U.S.C. 1183a(a)(1)(A), (f)(1)(E), and (f)(4)(B)(i)) are amended by striking `125' and inserting `100'.

 

TITLE IV--FAIRNESS IN ASYLUM AND REFUGEE PROCEEDINGS

 

Subtitle A--Increased Fairness in Asylum Proceedings

 

SEC. 401. ELIMINATION OF ARBITRARY TIME LIMITS ON ASYLUM APPLICATIONS.

 

Section 208(a)(2) (8 U.S.C. 1158(a)(2)) is amended--

 

(1) by striking subparagraph (B);

 

(2) in subparagraph (C), by striking `(D)' and inserting `(C)';

 

(3) in subparagraph (D), by striking `subparagraphs (B) and (C),' and inserting `subparagraph (B),'; and

 

(4) by redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively.

 

SEC. 402. GENDER-BASED PERSECUTION.

 

(a) TREATMENT AS REFUGEE- Section 101(a)(42) (8 U.S.C. 1101(a)(42)) is amended by adding at the end the following:

 

`For purposes of determinations under this Act, a person who establishes that he or she suffered persecution in the past, or has a well-founded fear of persecution, on account of gender shall be considered to have suffered persecution, or to have a well-founded fear of persecution, on account of membership in a particular social group.'.

 

(b) RESTRICTION ON REMOVAL TO COUNTRY WHERE ALIEN WOULD BE THREATENED- Section 241(b)(3) (8 U.S.C. 1231(b)(3)) is amended by adding at the end the following:

 

`(C) GENDER-BASED PERSECUTION- For purposes of determinations under this paragraph, an alien who establishes that the alien's life or freedom would be threatened in a country on account of gender shall be considered to have established that the alien's life or freedom would be threatened in that country on account of membership in a particular social group.'.

 

SEC. 403. ELIMINATION OF ARBITRARY CAP ON PERSONS ELIGIBLE TO ADJUST STATUS FROM ASYLEES TO LEGAL PERMANENT RESIDENTS.

 

Section 209(b) (8 U.S.C. 1159(b)) is amended by striking `Not more than 10,000 of the' and all that follows through `to adjust' and inserting `Subject to a numerical limitation determined by the President before the beginning of each fiscal year, the Attorney General may adjust, in the Attorney General's discretion and under such regulations as the Attorney General may prescribe,'.

 

SEC. 404. RESTORATION OF ELIGIBILITY FOR WITHHOLDING OF REMOVAL FOR PERSONS FACING LOSS OF LIFE OR FREEDOM.

 

Section 241(b)(3)(B) (8 U.S.C. 1231(b)(3)(B)) is amended--

 

(1) by amending clause (ii) to read as follows:

 

`(ii) the alien--

 

`(I) has been convicted by final judgment of a particularly serious crime for which the sentence imposed was an aggregate term of imprisonment of five years or more; and

 

`(II) is a danger to the community of the United States.';

 

(2) by striking the second and third sentences; and

 

(3) by adding at the end `Notwithstanding this subparagraph, an alien may be granted relief under subparagraph (A) if the Attorney General determines the alien should not be removed for urgent humanitarian reasons.'.

 

Subtitle B--Increased Fairness and Rationality in Refugee Consultations

 

SEC. 411. TIMELY CONSULTATION WITH RESPECT TO REFUGEE ADMISSIONS.

 

Section 207(d)(1) (8 U.S.C. 1157(d)(1)) is amended by striking `the start of each fiscal year' and inserting `the submission by the President to the Congress of the President's budget for the Federal Government with respect to a fiscal year,'.

 

TITLE V--INCREASED FAIRNESS AND EQUITY IN NATURALIZATION AND LEGALIZATION PROCEEDINGS

 

Subtitle A--Naturalization Proceedings

 

SEC. 501. INCREASED AUTHORIZATION OF FUNDS FOR NATURALIZATION PROCEEDINGS.

 

(a) IMMIGRATION EXAMINATIONS FEE ACCOUNT MODIFICATION- Section 286(m) (8 U.S.C. 1356(m)) is amended to read as follows:

 

`(m)(1) Notwithstanding any other provision of law, all adjudication fees as are designated by the Attorney General in regulations shall be deposited as offsetting receipts into a separate account entitled `Immigration Examinations Fee Account' in the Treasury of the United States (in this subsection referred to as the `Account'), whether collected directly by the Attorney General or through clerks of courts.

 

`(2)(A) All fees received by the Attorney General from applicants residing in the Virgin Islands of the United States and in Guam under this subsection shall be paid over to the treasury of the Virgin Islands and to the treasury of Guam.

 

`(B) Fees for providing adjudication and naturalization services may be set at a level that--

 

`(i) will ensure recovery of the full costs of providing all such services, including the costs of similar services provided without charge to asylum applicants or other immigrants; and

 

`(ii) will recover any additional costs associated with the administration of the fees collected.

 

`(3) Each fee collected for the provision of an adjudication or naturalization service shall be used only to fund adjudication or naturalization services or, subject to the availability of funds provided pursuant to paragraph (6), costs of similar services provided without charge to asylum and refugee applicants.

 

`(4) No such fee may be used for immigration enforcement purposes by the Attorney General or any other officer or employee of the Federal Government.

 

`(5) No such fee may be used to fund adjudication-related or naturalization-related audits which are not regularly conducted in the normal course of operation.

 

`(6) There are authorized to be appropriated such sums as may be necessary to carry out the provisions of sections 207 through 209. All funds appropriated to carry out this paragraph shall be deposited into the Account and shall remain available until expended.'.

 

(b) AUTHORIZATION OF APPROPRIATIONS FOR EXPEDITIOUS PROCESSING OF APPLICATIONS- Section 404 of the Immigration and Nationality Act (8 U.S.C. 1101 note) is amended by adding at the end the following:

 

`(c) There are authorized to be appropriated for fiscal years 2000 through 2006 such sums as may be necessary--

 

`(1) to reduce the backlog of applications for naturalization under section 334 so that the processing time for such an application is not more than 6 months; and

 

`(2) to provide more expeditious processing of other applications for a benefit under this Act (such as petitions for an immigrant or nonimmigrant visa, applications for adjustment of status, and applications for employment authorization).'.

 

SEC. 502. EXEMPTION FROM ENGLISH LANGUAGE REQUIREMENT FOR CERTAIN ALIENS WHO SERVED WITH SPECIAL GUERRILLA UNITS OR IRREGULAR FORCES.

 

The requirement of paragraph (1) of section 312(a) of the Immigration and Nationality Act (8 U.S.C. 1423(a)(1)) shall not apply to the naturalization of any person--

 

(1) who--

 

(A) was admitted into the United States as an immigrant from Cambodia or Vietnam pursuant to section 207 of the Immigration and Nationality Act (8 U.S.C. 1157); and

 

(B) served with a special guerrilla unit, or irregular forces, operating from Cambodia or Vietnam in support of the United States military at any time during the period beginning February 28, 1961, and ending September 18, 1978; or

 

(2) who--

 

(A) satisfies the requirement of paragraph (1)(A); and

 

(B) was the spouse of a person described in paragraph (1) on the day on which such described person applied for admission into the United States as an immigrant.

 

SEC. 503. SPECIAL CONSIDERATION CONCERNING CIVICS REQUIREMENT FOR CERTAIN ALIENS WHO SERVED WITH SPECIAL GUERRILLA UNITS OR IRREGULAR FORCES.

 

The Attorney General shall provide for special consideration, as determined by the Attorney General, concerning the requirement of paragraph (2) of section 312(a) of the Immigration and Nationality Act (8 U.S.C. 1423(a)(2)) with respect to the naturalization of any person described in paragraph (1) or (2) of section 502 of this Act.

 

SEC. 504. DOCUMENTATION OF QUALIFYING SERVICE.

 

A person seeking an exemption under section 502 or special consideration under section 503 shall submit to the Attorney General documentation of their, or their spouse's, service with a special guerrilla unit, or irregular forces, described in section 502(1)(B), in the form of--

 

(1) original documents;

 

(2) an affidavit of the serving person's superior officer;

 

(3) 2 affidavits from other individuals who also were serving with such a special guerrilla unit, or irregular forces, and who personally knew of the person's service; or

 

(4) other appropriate proof.

 

SEC. 505. DETERMINATION OF ELIGIBILITY FOR EXEMPTION AND SPECIAL CONSIDERATION.

 

In determining a person's eligibility for an exemption under section 502 or special consideration under section 503, the Attorney General--

 

(1) shall review the refugee processing documentation for the person, or, in an appropriate case, for the person and the person's spouse, to verify that the requirements of section 502 relating to refugee applications and admissions have been satisfied;

 

(2) shall consider the documentation submitted by the person under section 504;

 

(3) shall request an advisory opinion from the Secretary of Defense regarding the person's, or the person's spouse's, service in a special guerrilla unit, or irregular forces, described in section 502(1)(B) and shall take into account that opinion; and

 

(4) may consider any certification prepared by any community advocacy organization or voluntary refugee settlement agency maintaining records with respect to ethnic minority veterans of the Vietnam War or their families from Cambodia or Vietnam.

 

SEC. 506. DEADLINE FOR APPLICATION AND PAYMENT OF FEES.

 

This subtitle shall apply to a person only if the person's application for naturalization is filed, as provided in section 334 of the Immigration and Nationality Act (8 U.S.C. 1445), with appropriate fees not later than 36 months after the date of the enactment of this Act.

 

Subtitle B--Parity in Treatment for Refugees From Central America and Haiti

 

SEC. 511. ADJUSTMENT OF STATUS FOR CERTAIN NATIONALS FROM EL SALVADOR, GUATEMALA, HONDURAS, AND HAITI.

 

Section 202 of the Nicaraguan Adjustment and Central American Relief Act is amended--

 

(1) in the section heading, by striking `NICARAGUANS AND CUBANS' and inserting `NICARAGUANS, CUBANS, SALVADORANS, GUATEMALANS, HONDURANS, AND HAITIANS';

 

(2) in subsection (a)(1)(A), by striking `April 1, 2000' and inserting `before the expiration of the 3-year period beginning on the date of the enactment of the Restoration of Fairness in Immigration Law Act of 2000'.

 

(3) in subsection (b)(1), by striking `Nicaragua or Cuba' and inserting `Nicaragua, Cuba, El Salvador, Guatemala, Honduras, or Haiti';

 

(4) in subsection (d)(1)(E), by striking `before April 1, 2000' and inserting `before the expiration of the 3-year period beginning on the date of the enactment of the Restoration of Fairness in Immigration Law Act of 2000'.

 

SEC. 512. APPLICATIONS PENDING UNDER SECTION 203 OF THE NICARAGUAN ADJUSTMENT AND CENTRAL AMERICAN RELIEF ACT.

 

An application for relief properly filed by a national of Guatemala or El Salvador under section 203 of the Nicaraguan Adjustment and Central American Relief Act which was filed on or before the date of enactment of this Act, and on which a final administrative determination has not been made, may be converted by the applicant, without charge, to an application for adjustment of status under the provisions of section 202 of the Nicaraguan Adjustment and Central American Relief Act, as amended, and in accordance with procedures that the Attorney General shall prescribe by regulation. The Attorney General shall not be required to refund any fees paid in connection with an application filed by a national of Guatemala or El Salvador under section 203 of the Nicaraguan Adjustment and Central American Relief Act.

 

SEC. 513. APPLICATIONS PENDING UNDER THE HAITIAN REFUGEE IMMIGRATION FAIRNESS ACT OF 1998.

 

An application for adjustment of status properly filed by a national of Haiti under the Haitian Refugee Immigration Fairness Act of 1998 which was filed on or before the date of the enactment of this Act, and on which a final administrative determination has not been made, may be considered by the Attorney General, in the Attorney General's unreviewable discretion, also to constitute an application for adjustment of status under the provisions of section 202 of the Nicaraguan Adjustment and Central American Relief Act.

 

SEC. 514. TECHNICAL AMENDMENTS TO THE NICARAGUAN ADJUSTMENT AND CENTRAL AMERICAN RELIEF ACT.

 

Section 202 of the Nicaraguan Adjustment and Central American Relief Act is amended--

 

(1) in subsection (a)(1)(B), by inserting `and the Attorney General may, in her unreviewable discretion, waive the grounds of inadmissibility specified in section 212(a)(1)(A)(i) and section

212(a)(6)(C) for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest' after `apply';

 

 

(2) in subsection (a), by redesignating paragraph (2) as paragraph (3) and by inserting after paragraph (1) the following:

 

`(2) INAPPLICABILITY OF CERTAIN PROVISIONS- In determining the eligibility of an alien described in subsection (b) or (d) for either adjustment of status under this section or other relief necessary to establish eligibility for such adjustment, the provisions of section 241(a)(5) shall not apply. In addition, an alien who would otherwise be inadmissible pursuant to section 212(a)(9) (A) or (C) may apply for the Attorney General's consent to reapply for admission without regard to the requirement that the consent be granted prior to the date of the alien's reembarkation at a place outside the United States or attempt to be admitted from foreign contiguous territory, in order to qualify for the exception to those grounds of inadmissibility set forth in sections 212(a)(9)(A)(iii) and 212(a)(9)(C)(ii).';

 

(3) in subsection (a), by striking paragraph (3) (as so redesignated) and inserting the following:

 

`(3) RELATIONSHIP OF APPLICATION TO CERTAIN ORDERS- An alien present in the United States who has been ordered excluded, deported, or removed, or ordered to depart voluntarily from the United States under any provision may, notwithstanding such order, apply for adjustment of status under paragraph (1). Such an alien may not be required, as a condition of submitting or granting such application, to file a separate motion to reopen, reconsider, or vacate such order. Such an alien may be required to seek a stay of such an order in accordance with subsection (c) to prevent the execution of that order pending the adjudication of the application for adjustment of status. If the Attorney General denies a stay of a final order of exclusion, deportation, or removal, or if the Attorney General renders a final administrative determination to deny the application for adjustment of status, the order shall be effective and enforceable to the same extent as if the application had not been made. If the Attorney General grants the application for adjustment of status, the Attorney General shall cancel the order.';

 

(4) in subsection (b)(1), by adding at the end the following: `However, subsection (a) shall not apply to an alien lawfully admitted for permanent residence, unless he or she is applying for such relief in deportation or removal proceedings.';

 

(5) in subsection (c)(1), by adding at the end the following: `Nothing in this Act shall require the Attorney General to stay the removal of an alien who is ineligible for adjustment of status under this Act.';

 

(6) in subsection (d)--

 

(A) by amending the subsection heading to read `SPOUSES, CHILDREN, AND UNMARRIED SONS AND DAUGHTERS- ';

 

(B) in paragraph (1), by amending the heading to read `ADJUSTMENT OF STATUS- ';

 

(C) by striking paragraph (1)(A), and inserting the following:

 

`(A) the alien entered the United States before the date of the enactment of the Restoration of Fairness in Immigration Law Act of 2000;';

 

(D) in paragraph (1)(B), by inserting after `except that' the following: `(i) in the case of such a spouse, stepchild, or unmarried stepson or stepdaughter, the qualifying marriage was entered into before the date of the enactment of the Restoration of Fairness in Immigration Law Act of 2000; and (ii)'; and

 

(E) by adding a new paragraph (3) to read as follows:

 

`(3) ELIGIBILITY OF CERTAIN SPOUSES AND CHILDREN FOR ISSUANCE OF IMMIGRANT VISAS-

 

`(A) In accordance with regulations to be promulgated by the attorney General and the Secretary of State, upon approval of an application for adjustment of status to that of an alien lawfully admitted for permanent residence under subsection (a), an alien who is the spouse or child of the alien being granted such status may be issued a visa for admission to the United States as an immigrant following to join the principal applicant, if the spouse or child--

 

`(i) meets the requirements in subparagraphs (B) and (D) of paragraph (1); and

 

`(ii) applies for such a visa not later than 3 years after the date of the enactment of the Restoration of Fairness in Immigration Law Act of 2000.

 

`(B) The Secretary of State may retain fees to recover the cost of immigrant visa application processing and issuance for certain spouses and children of aliens whose applications for adjustment of status under subsection (a) have been approved. Such fees--

 

`(i) shall be deposited as an offsetting collection to any Department of State appropriation to recover the cost of such processing and issuance; and

 

`(ii) shall be available until expended for the same purposes of such appropriation to support consular activities.';

 

(7) in subsection (g), by inserting after `for permanent residence' the following: `or an immigrant classification'; and

 

(8) by adding at the end the following:

 

`(i) ADMISSIONS- Nothing in this section shall be construed as authorizing an alien to apply for admission to, be admitted to, be paroled into, or otherwise lawfully return to the United States, to apply for or to pursue an application for adjustment of status under this section without the express authorization of the Attorney General.'.

 

SEC. 515. TECHNICAL AMENDMENTS TO THE HAITIAN IMMIGRATION FAIRNESS ACT OF 1998.

 

Section 902 of the Haitian Refugee Immigration Fairness Act of 1998 is amended--

 

(1) in subsection (a)(1)(B), by inserting after `apply' the following: `and the Attorney General may, in the Attorney General's unreviewable discretion, waive the grounds of inadmissibility specified in sections 212(a)(1)(A)(i) and 212(a)(6)(C) of the Immigration and Nationality Act for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest';

 

(2) in subsection (a), by redesignating paragraph (2) as paragraph (3) and by inserting after paragraph (1) the following:

 

`(2) INAPPLICABILITY OF CERTAIN PROVISIONS- In determining the eligibility of an alien described in subsection (b) or (d) for either adjustment of status under this section or other relief necessary to establish eligibility for such adjustment, or for permission to reapply for admission to the United States for the purpose of adjustment of status under this section, the provisions of section 241(a)(5) shall not apply. In addition, an alien who would otherwise be inadmissible pursuant to subparagraph (A) or (C) of section 212(a)(9) of the Immigration and Nationality Act may apply for the Attorney General's consent to reapply for admission without regard to the requirement that the consent be granted prior to the date of the alien's reembarkation at a place outside the United States or attempt to be admitted from foreign contiguous territory, in order to qualify for the exception to those grounds of inadmissibility set forth in subparagraphs (A)(iii) and (C)(ii) of section 212(a)(9) of such Act.';

 

(3) in subsection (a), by striking paragraph (3) (as so redesignated) and by inserting the following:

 

`(3) RELATIONSHIP OF APPLICATION TO CERTAIN ORDERS- An alien present in the United States who has been ordered excluded, deported, or removed, or ordered to depart voluntarily from the United States under any provision may, notwithstanding such order, apply for adjustment of status under paragraph (1). Such an alien may not be required, as a condition of submitting or granting such application, to file a separate motion to reopen, reconsider, or vacate such order. Such an alien may be required to seek a stay of such an order in accordance with subsection (c) to prevent the execution of that order pending the adjudication of the application for adjustment of status. If the Attorney General denies a stay of a final order of exclusion, deportation, or removal, or if the Attorney General renders a final administrative determination to deny the application for adjustment of status, the order shall be effective and enforceable to the same extent as if the application had not been made. If the Attorney General grants the application for adjustment of status, the Attorney General shall cancel the order.';

 

(4) in subsection (b)(1), by adding at the end the following: `However, subsection (a) shall not apply to an alien lawfully admitted for permanent residence, unless he or she is applying for such relief in deportation or removal proceedings.';

 

(5) in subsection (c)(1), by adding at the end the following: `Nothing in this Act shall require the Attorney General to stay the removal of an alien who is ineligible for adjustment of status under this Act.';

 

(6) in subsection (d)--

 

(A) by amending the subsection heading to read `SPOUSES, CHILDREN, AND UNMARRIED SONS AND DAUGHTERS- ';

 

(B) in paragraph (1), by amending the heading to read `ADJUSTMENT OF STATUS- ';

 

(C) by striking paragraph (1)(A), and inserting the following:

 

`(A) the alien entered the United States on or before the date of the enactment of the Restoration of Fairness in Immigration Law Act of 2000;';

 

(D) in paragraph (1)(B), by inserting after `except that' the following: `(i) in the case of such a spouse, stepchild, or unmarried stepson or stepdaughter, the qualifying marriage was entered into before the date of the enactment of the Restoration of Fairness in Immigration Law Act of 2000; and (ii)';

 

(E) in paragraph (1), by adding at the end the following:

 

`(E) the alien applies for such adjustment before April 3, 2003.'; and

 

(F) by adding at the end the following:

 

`(3) ELIGIBILITY OF CERTAIN SPOUSES AND CHILDREN FOR ISSUANCE OF IMMIGRANT VISAS-

 

`(A) In accordance with regulations to be promulgated by the Attorney General and the Secretary of State, upon approval of an application for adjustment of status to that of an alien lawfully admitted for permanent residence under subsection (a), an alien who is the spouse or child of the alien being granted such status may be issued a visa for admission to the United States as an immigrant following to join the principal applicant, if the spouse or child:

 

`(i) meets the requirements in subparagraphs (B) and (D) of paragraph (1); and

 

`(ii) applies for such a visa within a time period to be established by regulation.

 

`(B) The Secretary of State may retain fees to recover the cost of immigrant visa application processing and issuance for certain spouses and children of aliens whose applications for adjustment of status under subsection (a) have been approved. Such fees--

 

`(i) shall be deposited as an offsetting collection to any Department of State appropriation to recover the cost of such processing and issuance; and

 

`(ii) shall be available until expended for the same purposes of such appropriation to support consular activities.';

 

(7) in subsection (g), by inserting after `for permanent residence' the following: `or an immigrant classification'; and

 

(8) by redesignating subsections (i), (j), and (k) as subsections (j), (k), and (l) respectively, and by inserting after subsection (h) the following:

 

`(i) ADMISSIONS- Nothing in this section shall be construed as authorizing an alien to apply for admission to, be admitted to, be paroled into, or otherwise lawfully return to the United States, to apply for or to pursue an application for adjustment of status under this section without the express authorization of the Attorney General.'.

 

SEC. 516. MOTIONS TO REOPEN.

 

(a) HAITIAN NATIONALS- Notwithstanding any time and number limitations imposed by law on motions to reopen, a national of Haiti who, on the date of the enactment of this Act, has a final administrative denial of an application for adjustment of status under the Haitian Refugee Immigration Fairness Act of 1998, and is made eligible for adjustment of status under that Act by the amendments made by this subtitle, may file one motion to reopen exclusion, deportation, or removal proceedings to have the application considered again. All such motions shall be filed within 180 days of the date of the enactment of this Act. The scope of any proceeding reopened on this basis shall be limited to a determination of the alien's eligibility for adjustment of status under the Haitian Refugee Immigration Fairness Act of 1998.

 

(b) CUBAN AND NICARAGUAN NATIONALS- Notwithstanding any time and number limitations imposed by law on motions to reopen, a national of Cuba or Nicaragua who, on the date of the enactment of this Act, has a final administrative denial of an application for adjustment of status under the Nicaraguan Adjustment and Central American Relief Act, and who is made eligible for adjustment of status under that Act by the amendments made by this Act, may file one motion to reopen exclusion, deportation, or removal proceedings to have the application considered again. All such motions shall be filed within 180 days of the date of the enactment of this Act. The scope of any proceeding reopened on this basis shall be limited to a determination of the alien's eligibility for adjustment of status under the Nicaraguan Adjustment and Central American Relief Act.

 

Subtitle C--Equality of Treatment for Women's Citizenship

 

SEC. 521. DECLARATION OF CITIZENSHIP FOR CERTAIN WOMEN WHO LOST CITIZENSHIP SOLELY BY REASON OF MARRIAGE TO AN ALIEN PRIOR TO SEPTEMBER 22, 1922.

 

(a) IN GENERAL- Notwithstanding any provision of title III of the Immigration and Nationality Act (8 U.S.C. 1401 et seq.), any woman who was a citizen of the United States, lost such citizenship solely because the woman married an alien prior to September 22, 1922, and died before December 24, 1952, is hereby declared to be a citizen of the United States as of the date of the enactment of this Act.

 

(b) NO RETROACTIVE EFFECT- This subtitle may not be construed to affect--

 

(1) the citizenship of any person other than a woman described in subsection (a); or

 

(2) the citizenship before the date of the enactment of this Act of a woman described in subsection (a).

 

SEC. 522. EQUITY IN TRANSMISSION OF CITIZENSHIP.

 

Subsection (d) of section 101 of the Immigration and Nationality Technical Corrections Act of 1994 (Public Law 103-416; 8 U.S.C. 1401 note) is amended to read as follows:

 

`(d) WAIVER OF TRANSMISSION REQUIREMENTS- The parental physical presence requirement contained in section 301(g) of the Immigration and Nationality Act shall not apply to any person born before the date of enactment of this Act who claims United States citizenship based on such person's descent from an individual described in section 301(h) of the Immigration and Nationality Act.'.

 

Subtitle D--Fairness in the Treatment for Refugees From Liberia

 

SEC. 531. ADJUSTMENT OF STATUS OF CERTAIN LIBERIAN NATIONALS.

 

(a) ALIENS ELIGIBLE FOR ADJUSTMENT OF STATUS- The Attorney General shall adjust the status of an alien to that of an alien lawfully admitted for permanent residence, if the alien--

 

(1) is a national of Liberia;

 

(2) is eligible to remain in the United States under the provisions of the Deferred Enforcement Departure (DED) Order executed by President William J. Clinton, dated September 27, 1999;

 

(3) applies for adjustment before September 29, 2002; and

 

(4) is otherwise eligible to receive an immigrant visa and is otherwise admissible to the United States for permanent residence, except that, in determining such admissibility, the grounds for inadmissibility specified in paragraphs (4), (5), (6)(A), and (7)(A) of section 212(a) of the Immigration and Nationality Act shall not apply.

 

(b) ADJUSTMENT OF STATUS FOR SPOUSES AND CHILDREN- The status of an alien shall be adjusted by the Attorney General to that of an alien lawfully admitted for permanent residence, if the alien is the spouse or child of a Liberian national whose status is adjusted to that of an alien lawfully admitted for permanent residence under subsection (a) and is otherwise eligible to receive an immigrant visa and is otherwise admissible to the United States for permanent residence, except that, in determining such admissibility, the grounds for inadmissibility specified in paragraphs (4), (5), (6)(A), and (7)(A) of section 212(a) of the Immigration and Nationality Act shall not apply.

 

(c) INELIGIBLE ALIENS- An alien shall not be eligible for adjustment of status under this section if the Attorney General finds that the alien has been convicted and sentenced to incarceration in a Federal or State correctional facility or penitentiary.

 

(d) RELATIONSHIP OF APPLICATION TO CERTAIN ORDERS- A Liberian national present in the United States, who is qualified to remain in the United States under the Deferred Enforcement Departure Order of President William J. Clinton, dated September 27, 1999, who has been ordered excluded, deported, removed, or ordered to depart voluntarily from the United States under any provision of the Immigration and Nationality Act may, notwithstanding such order, apply for adjustment of status under subsection (a), if otherwise qualified under that subsection. Such a Liberian national may not be required, as a condition on submitting or granting such application, to file a separate motion to reopen, reconsider, or vacate such order. If the Attorney General grants the application, the Attorney General shall cancel the order. If the Attorney General makes a final decision to deny the application, the order shall be effective and enforceable to the same extent as if the application had not been made.

 

(e) AVAILABILITY OF ADMINISTRATIVE REVIEW- The Attorney General shall provide to applicants for adjustment of status under this Act the same right to, and procedures for, administrative review as are provided to--

 

(1) applicants for adjustment of status under section 245 of the Immigration and Nationality Act; or

 

(2) aliens subject to removal proceedings under section 240 of such Act.

 

(f) NO OFFSET IN NUMBER OF VISAS AVAILABLE- When an alien is granted the status of having been lawfully admitted for permanent residence pursuant to this section, the Secretary of State shall not be required to reduce the number of immigrant visas authorized to be issued under any provision of the Immigration and Nationality Act.

 

(g) STAY OF REMOVAL- The Attorney General shall provide by regulation for a Liberian national, qualified to benefit under the provision of this Act, who is subject to a final order of deportation or removal or exclusion to seek a stay of such order based on the filing of an application under this Act.

 

(h) DURING CERTAIN PROCEEDINGS- Notwithstanding any provision of the Immigration and Nationality Act, the Attorney General shall not order a Liberian national to be removed from the United States if the Liberian national is in exclusion, deportation, or removal proceedings under any provision of such Act and has applied for adjustment of status under subsection (a), except where the Attorney General has made a final determination to deny the application.

 

(i) WORK AUTHORIZATION- The Attorney General may authorize a Liberian national, who has applied for adjustment of status under subsection (a), or who has applied for adjustment of status as a spouse or child under this Act, to engage in employment in the United States during the pendency of such application and may provide the alien with an `employment authorized' endorsement or other appropriate document signifying authorization of employment, except that, if such application is pending for a period exceeding 180 days and has not been denied, the Attorney General shall authorize such employment.

 

(j) RECORD OF PERMANENT RESIDENCE- Upon approval of the application of a Liberian national for adjustment of status under subsection (a), the Attorney General shall establish a record of the alien's admission for permanent residence as of the date of the alien's arrival in the United States.

 

Subtitle E--Fairness in Review of Previously Granted Amnesty Rights

 

SEC. 541. ELIMINATION OF LIMITATION ON LEGALIZATION LITIGATION.

 

Section 245A(f)(4) (8 U.S.C. 1255a(f)(4)) is amended by striking subparagraph (C).

 

Subtitle F--Legal Amnesty Restoration

 

SEC. 551. RECORD OF ADMISSION FOR PERMANENT RESIDENCE IN THE CASE OF CERTAIN ALIENS.

 

(a) IN GENERAL- Section 249 (8 U.S.C. 1259) is amended--

 

(1) in the section heading by striking `1972' and inserting `1986'; and

 

(2) in paragraph (a), by striking `1972' and inserting `1986'.

 

(b) CLERICAL AMENDMENT- The table of sections is amended in the item relating to section 249 by striking `1972' and inserting `1986'.

 

Subtitle G--Equality of Treatment for Asian American Visa Petitions

 

SEC. 561. IMMIGRATION OF CERTAIN ALIENS BORN IN THE PHILIPPINES OR JAPAN AND FATHERED BY U.S. CITIZENS.

 

Section 204(f)(2)(A) (8 U.S.C. 1154(f)(2)(A)) is amended--

 

(1) by inserting `(I)' after `born'; and

 

(2) by inserting after `subsection,' the following: `(II) in the Philippines after 1950 and before November 24, 1992, or (III) in Japan after 1950 and before the date of the enactment of this subclause,'.

 

TITLE VI--FAIRNESS AND COMPASSION IN THE TREATMENT OF BATTERED IMMIGRANTS

 

SEC. 601. 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 title 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. 602. RESTORING IMMIGRATION PROTECTIONS UNDER THE VIOLENCE AGAINST WOMEN ACT OF 1994 (VAWA).

 

(a) REMOVING BARRIERS TO ADJUSTMENT OF STATUS FOR VICTIMS OF DOMESTIC VIOLENCE- Section 245 (8 U.S.C. 1255) is amended--

 

(1) 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

 

(2) 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'.

 

(b) REMOVING BARRIERS TO CANCELLATION OF REMOVAL AND SUSPENSION OF DEPORTATION FOR VICTIMS OF DOMESTIC VIOLENCE-

 

(1) EXEMPTION FROM ANNUAL LIMITATION ON CANCELLATION OF REMOVAL FOR BATTERED SPOUSE OR CHILD- Section 240A(e)(3) (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).'.

 

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

 

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

 

(B) 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).'.

 

(c) ELIMINATING TIME LIMITATIONS ON MOTIONS TO REOPEN REMOVAL AND DEPORTATION PROCEEDINGS FOR VICTIMS OF DOMESTIC VIOLENCE-

 

(1) REMOVAL PROCEEDINGS- Section 240(c)(6)(C) (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.'.

 

(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 title.

 

SEC. 603. 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) (8 U.S.C. 1154(a)(1)(A)), as amended by paragraphs (4), (5), and (6) of section 606(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) (8 U.S.C. 1154(a)(1)(B)), as amended by paragraphs (4) and (5) of section 606(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) (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) (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 (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) (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. 604. WAIVERS AND EXCEPTIONS TO INADMISSIBILITY FOR OTHERWISE QUALIFIED BATTERED IMMIGRANTS.

 

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

 

(1) INADMISSIBILITY GROUNDS- Section 212 (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 (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) (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) (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) (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) (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 (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) (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) (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. 605. CALCULATION OF PHYSICAL PRESENCE IN VAWA CANCELLATION OF REMOVAL AND SUSPENSION OF DEPORTATION.

 

(a) CANCELLATION OF REMOVAL PROCEEDINGS- Section 240A(d)(1) (8 U.S.C. 1229b(d)(1)), as amended by section 205, is further 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. 606. IMPROVED ACCESS TO VAWA IMMIGRATION PROTECTIONS FOR BATTERED IMMIGRANT WOMEN.

 

(a) INTENDED SPOUSE DEFINED- Section 101(a) (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) (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) (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 (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), 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) (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) (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) (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) (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) (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 (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) (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) (8 U.S.C. 1154(a)(1)(B)) is amended by inserting after clause (iii) 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) (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) (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) (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. 607. IMPROVED ACCESS TO VAWA CANCELLATION OF REMOVAL.

 

(a) CANCELLATION OF REMOVAL AND ADJUSTMENT OF STATUS FOR CERTAIN NONPERMANENT RESIDENTS- Section 240A(b)(2) (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) TREATMENT OF FAMILY MEMBERS- Section 203(d) (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.'.

 

SEC. 608. GOOD MORAL CHARACTER DETERMINATIONS.

 

(a) DETERMINATIONS OF GOOD MORAL CHARACTER FOR SELF-PETITIONING IMMEDIATE RELATIVES- Section 204(a)(1)(A) (8 U.S.C. 1154(a)(1)(A)), as amended by sections 606(c) and 603(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) (8 U.S.C. 1154(a)(1)(B)), as amended by sections 606(d) and 603(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) (8 U.S.C. 1229b(b)(2)), as amended by section 607(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. 609. ECONOMIC SECURITY 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) (8 U.S.C. 1182(a)(4)), as amended by section 341, is further amended by adding at the end the following new subparagraph:

 

`(C) 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) (8 U.S.C. 1154(a)(1)), as amended by section 606(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) (8 U.S.C. 1229b), as amended by sections 607(a) and 608(c), is further 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. 610. 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 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. 611. 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) (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. 612. 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 increasingly 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) (8 U.S.C. 1101(a)(15)), as amended by section 301(a), is further amended--

 

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

 

(2) by striking the period at the end of subparagraph (T) and inserting `; or'; and

 

(3) by adding at the end the following new subparagraph:

 

`(U) subject to section 214(o), 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 (8 U.S.C. 1184), as amended by section 132, is further amended by adding at the end the following new subsection:

 

`(o)(1) The number of aliens who may be provided a visa as nonimmigrants under section 101(a)(15)(U) 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)(U). Credible evidence to meet the conditions described in clauses (i), (ii), or (iii) of section 101(a)(15)(U) 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) (8 U.S.C. 1258(1)) is amended by striking `or (S)' and inserting `(S), or (U)'.

 

(d) ADJUSTMENT TO PERMANENT RESIDENT STATUS-

 

(1) IN GENERAL- Section 245 (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)(U) (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) When an alien is granted the status of having been lawfully admitted for permanent residence pursuant to this section, the Secretary of State shall not be required to reduce the number of immigrant visas authorized to be issued under any provision of this Act.'.

 

(2) EXCLUSIVE MEANS OF ADJUSTMENT- Section 245(c)(5) (8 U.S.C. 1255(c)(5)) is amended by striking `sections 101(a)(15)(S),' and inserting `subparagraph (S) or (U) of section 101(a)(15)'.

 

SEC. 613. ACCESS TO CUBAN ADJUSTMENT FOR BATTERED IMMIGRANT SPOUSES AND CHILDREN.

 

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.'.

 

SEC. 614. 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. 615. 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.'.

 

 

TITLE VII--UNUSED EMPLOYMENT-BASED IMMIGRANT VISAS

 

SEC. 701. RECAPTURE OF UNUSED EMPLOYMENT-BASED IMMIGRANT VISAS.

 

(a) IN GENERAL- Notwithstanding any other provision of law, the number of employment-based visas (as defined in subsection (c)) made available for a fiscal year (beginning with fiscal year 2001) shall be increased by the number described in subsection (b). Visas made available under this section shall only be available in a fiscal year to employment-based immigrants under paragraph (1), (2), or (3) of section 203(b) of the Immigration and Nationality Act.

 

(b) NUMBER AVAILABLE-

 

(1) IN GENERAL- Subject to paragraph (2), the number described in this subsection is the difference between the number of employment-based visas that were made available in fiscal year 1999 and 2000 and the number of such visas that were actually used in such fiscal years.

 

(2) REDUCTION- The number described in paragraph (1) shall be reduced, for each fiscal year after fiscal year 2001, by the cumulative number of immigrant visas made available under subsection (a) for previous fiscal years.

 

(3) CONSTRUCTION- Nothing in this subsection shall be construed as affecting the application of section 201(c)(3)(C) of the Immigration and Nationality Act (8 U.S.C. 1151(c)(3)(C)).

 

(c) EMPLOYMENT-BASED VISAS DEFINED- For purposes of this section, the term `employment-based visa' means an immigrant visa which is issued pursuant to the numerical limitation under section 203(b) of the Immigration and Nationality Act (8 U.S.C. 1153(b)).

 

 

TITLE VIII--MISCELLANEOUS PROVISIONS

 

SEC. 801. TECHNICAL AND CONFORMING CHANGE CONCERNING BOARD OF IMMIGRATION APPEALS.

 

(a) DELEGATION OF POWERS AND DUTIES OF ATTORNEY GENERAL TO BOARD- Section 103(a) (8 U.S.C. 1103(a)) is amended--

 

(1) by redesignating the second paragraph (8) and paragraph (9) as paragraphs (9) and (10), respectively; and

 

(2) by adding at the end the following:

 

`(11) The United States Board of Immigration Appeals of the Department of Justice shall be charged with any and all responsibilities and authority in the administration of this title or title II which are conferred upon the Attorney General as may be delegated to the Board by the Attorney General or which may be prescribed by the Attorney General.'.

 

(b) DEFINITIONS- Section 101(b)(4) (8 U.S.C. 1101(b)(4)) is amended--

 

(1) by inserting `(A)' after `(4)'; and

 

(2) by adding at the end the following:

 

`(B) The term `United States appellate immigration judge' means an attorney whom the Attorney General appoints as a member of the United States Board of Immigration Appeals within the Executive Office for Immigration Review, qualified to conduct specified classes of appellate proceedings. A United States appellate immigration judge shall be subject to such supervision and shall perform such duties as the Attorney General shall prescribe, but shall not be employed by the Immigration and Naturalization Service.'.

 

SEC. 802. LIMITING FORFEITURE FOR CERTAIN ASSETS USED TO VIOLATE INA WHERE THERE WAS NO COMMERCIAL GAIN.

 

Section 274(b)(1) (8 U.S.C. 1324(b)(1)) is amended by inserting `for the purpose of commercial advantage or private financial gain' after `subsection (a)'.

 

SEC. 803. ELIMINATION OF BAN ON STATE AND LOCAL GOVERNMENTS FROM PREVENTING COMMUNICATIONS WITH THE INS.

 

(a) IN GENERAL- Section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1373) is repealed.

 

(b) VERIFICATION OF ELIGIBILITY FOR FEDERAL PUBLIC BENEFITS- Section 432 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1642) is repealed.

 

SEC. 804. ELIMINATION OF AUTHORITY TO PERMIT STATE PERSONNEL TO CARRY OUT IMMIGRATION OFFICER FUNCTIONS.

 

Section 287(g) (8 U.S.C. 1357(g)) is repealed.

 

SEC. 805. PAROLE AUTHORITY.

 

Section 212(d)(5)(A) (8 U.S.C. 1182(d)(5)(A)) is amended by striking `only on a case-by-case basis for urgent humanitarian reasons or significant public benefit' and inserting `for emergent reasons or for reasons deemed strictly in the public interest'.

 

SEC. 806. ENHANCED BORDER PATROL RECRUITMENT AND RETENTION.

 

(a) IN GENERAL-

 

(1) GS-11 CLASSIFICATION- Any Border Patrol agent classified as a GS-1896 position who completes a 1-year period of service at a GS-9 grade and whose current rating of record is fully successful or higher shall be classified at a GS-11 grade and receive pay at the minimum rate of basic pay for a GS-11 position.

 

(2) NONREDUCTION- Paragraph (1) shall not be construed to--

 

(A) limit or reduce the rate of pay of any Border Patrol agent; or

 

(B) reclassify a Border Patrol agent at a lower classification of position.

 

(b) OFFICE OF BORDER PATROL RECRUITMENT AND RETENTION-

 

(1) ESTABLISHMENT- Not later than 90 days after the date of enactment of this Act, the Commissioner of the Immigration and Naturalization Service shall establish an Office of Border Patrol Recruitment and Retention within the Immigration and Naturalization Service.

 

(2) FUNCTIONS- The Office of Border Patrol Recruitment and Retention shall--

 

(A) develop outreach programs to identify and recruit prospective Border Patrol agents;

 

(B) develop programs to retain Border Patrol agents; and

 

(C) submit recommendations to the Commissioner of the Immigration and Naturalization Service relating to pay and benefits of Border Patrol agents.

 

(3) REPORT TO CONGRESS- Not later than 150 days after the date of enactment of this Act, the Commissioner of the Immigration and Naturalization Service shall submit a report to the Congress on the establishment and activities of the Office of Border Patrol Recruitment and Retention.

 

(c) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated $50,000,000 for fiscal year 2000 and such sums as may be necessary for each fiscal year thereafter to carry out this section.

 

SEC. 807. ELIMINATION OF DENIAL OF IMMIGRATION BENEFITS FOR ERRONEOUS ASYLUM APPLICATION.

 

Section 208(d) (8 U.S.C. 1158(d)) is amended by striking paragraphs (6) and (7).

 

SEC. 808. AUTHORIZATION OF APPROPRIATIONS FOR IMPLEMENTATION OF ACT.

 

There are authorized to be appropriated for fiscal years 2000 through 2006 such sums as may be necessary to implement this Act.

 

TITLE IX--EFFECTIVE DATES

 

SEC. 901. GENERAL EFFECTIVE DATE.

 

Except as provided in section 902, the amendments made by this Act shall take effect on the date of the enactment of this Act.

 

SEC. 902. OTHER EFFECTIVE DATES.

 

(a) TITLE I-

 

(1) SECTION 101- The amendment made by section 101 shall take effect on the date of the enactment of this Act and shall apply to determinations pending on or after such date with respect to which--

 

(A) a final administrative decision has been not been rendered as of such date; or

 

(B) such a decision has been rendered but the period for seeking judicial review of the decision has not expired.

 

(2) SECTION 102- The amendments made by section 102 shall take effect on the date of the enactment of this Act and shall apply to petitions for review of determinations of the Attorney General made on or after such date.

 

(3) SECTION 103- The amendment made by section 103 shall take effect on the date of the enactment of this Act and shall apply to aliens who are in custody on or after such date.

 

(4) SECTIONS 104 AND 105- The amendments made by sections 104 and 105 shall take effect on the date of the enactment of this Act and shall apply to petitions for review filed on or after such date.

 

(5) SECTION 106- The amendment made by section 106 shall take effect on the date of the enactment of this Act and shall apply to appeals from denial of a request for an order of voluntary departure, and requests for a stay of an alien's removal pending consideration of any claim with respect to voluntary departure, filed on or after such date.

 

(6) SECTION 107- The amendment made by section 107 shall take effect on the date of the enactment of this Act and shall apply to cases in which a final order of exclusion or deportation is entered on or after the date of the enactment of this Act.

 

(7) SECTION 111- The amendments made by section 111 shall take effect on the date of the enactment of this Act and shall apply to removal proceedings pending on or after such date.

 

(8) SECTION 112- The amendment made by section 112 shall take effect on the date of the enactment of this Act and shall apply to applications for admission pending on or after such date.

 

(9) SECTION 131-

 

(A) IN GENERAL- The amendment made by section 131(a) shall take effect 120 days after the date of the enactment of this Act.

 

(B) DEADLINE FOR REGULATIONS- Proposed regulations with respect to the amendment made by section 131(a) shall be promulgated not later than 30 days after the date of the enactment of this Act.

 

(C) APPOINTMENTS- Members of the Board of Visa Appeals under section 225 of the Immigration and Nationality Act (as inserted by section 131(a) of this Act) shall be appointed not later than 120 days after the date of the enactment of this Act.

 

(b) TITLE II-

 

(1) SECTION 201- The amendments made by section 201 shall take effect on the date of the enactment of this Act and shall apply to applications pending on or after such date with respect to which no final administrative decision has been rendered.

 

(2) SECTION 202-

 

(A) SUBSECTION (a)- The amendment made by section 202(a) shall apply to offenses committed on or after the date of the enactment of this Act.

 

(B) SUBSECTIONS (b) AND (c)- The amendments made by subsections (b) and (c) of section 202 shall apply to convictions entered on or after April 24, 1996.

 

(C) SUBSECTION (d)- The amendment made by section 202(d) shall apply to convictions entered on or after the date of the enactment of this Act.

 

(3) SECTION 203- The amendments made by section 203 shall take effect on the date of the enactment of this Act and shall apply to convictions and sentences entered on or after such date.

 

(4) SECTION 204- The amendment made by section 204 shall apply to convictions entered on or after the date of the enactment of this Act.

 

(5) SECTIONS 206 AND 207- The amendments made by sections 206(a) and 207 shall take effect on the date of the enactment of this Act and shall apply to aliens in removal proceedings on or after April 1, 1997.

 

(6) SECTIONS 211 AND 214- The amendments made by sections 211 and 214 shall apply to determinations of inadmissibility made on or after April 1, 1997.

 

(7) SECTION 212- The amendments made by section 212 shall apply to aliens who obtain the status of a nonimmigrant under section 101(a)(15)(F) of the Immigration and Nationality Act after the end of the 60-day period beginning on September 30, 1996, including aliens whose status as such a nonimmigrant is extended after the end of such period.

 

(8) SECTION 213- The amendments made by section 213 shall apply to representations made on or after September 30, 1996.

 

(c) TITLE III-

 

(1) SECTION 301- The amendments made by section 301 shall take effect on the date of the enactment of this Act and shall apply to an alien who is the beneficiary of a classification petition filed under section 204 before, on, or after such date.

 

(2) SECTION 302- The amendment made by section 302 shall take effect on the date of the enactment of this Act and shall apply to applications for admission as a refugee pending on or after such date.

 

(3) SECTION 303- The amendment made by section 303 shall take effect on the date of the enactment of this Act and shall apply to asylum applications pending on or after such date.

 

(4) SECTION 304- The amendments made by section 304 shall take effect 90 days after the date of the enactment of this Act and shall apply to applications pending on or after such effective date.

 

(5) SECTIONS 312(a), 313, AND 341- The amendments made by sections 312(a), 313, and 341 shall take effect on the date of the enactment of this Act and shall apply to applications pending on or after such date with respect to which no final administrative decision has been rendered.

 

(6) SECTION 312(b)- The amendment made by section 312(b) shall take effect on the date of the enactment of this Act and shall apply to proceedings pending on or after such date with respect to which no final administrative decision has been rendered.

 

(7) SECTION 321- The amendment made by section 321 shall take effect on the date of the enactment of this Act and shall apply to applications for adjustment of status pending on or after such date.

 

(d) TITLE IV-

 

(1) SECTION 401- The amendments made by section 401 shall take effect on the date of the enactment of this Act and shall apply to asylum applications pending on or after such date.

 

(2) SECTION 402- The amendments made by section 402 shall take effect on the date of the enactment of this Act and shall apply to applications for asylum or admission as a refugee, and determinations under section 241(b)(3) of the Immigration and Nationality Act, pending on or after such date.

 

(3) SECTION 403- The amendment made by section 403 shall take effect on the date of the enactment of this Act and shall apply to applications for adjustment of status pending on or after such date.

 

(e) TITLE V-

 

(1) SECTION 514- The amendments made by paragraphs (3), (4), and (8) of section 514 shall take be effect as if included in the enactment of the Nicaraguan Adjustment and Central American Relief Act.

 

(2) SECTION 515- The amendments made by paragraphs (3), (4), and (8) of section 515 shall take effect as if included in the enactment of the Haitian Refugee Immigration Fairness Act of 1998.

 

(3) SECTION 541- The amendment made by section 541 shall be effective as if included in the enactment of section 201 of the Immigration Reform and Control Act of 1986 (Public Law 99-603; 100 Stat. 3394).

 

(f) TITLE VI-

 

(1) SECTION 602-

 

(A) SUBSECTION (a)- The amendments made by section 602(a) shall apply to applications for adjustment of status pending on, or made on or after, January 14, 1998.

 

(B) SUBSECTIONS (b)(1) AND (c)(1)- The amendment made by subsections (b)(1) and (c)(1) of section 602 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) SUBSECTION (b)(2)--The amendments made by section 602(b)(2) 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).

 

(2) SECTION 607-

 

(A) SUBSECTION (a)- The amendment made by section 607(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).

 

(B) SUBSECTION (b)- The amendments made by section 607(b) 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.).

 

(3) SECTION 613- The amendment made by section 613 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.).

 

(g) TITLE VIII-

 

(1) SECTION 806- Paragraphs (1) and (2) of section 806(a) shall take effect on the first day of the first applicable pay period beginning on or after the date that is 120 days after the date of the enactment of this Act.

 

(2) SECTION 807- The amendment made by section 807 shall take effect on the date of the enactment of this Act and shall apply to asylum applications made before, on, or after such date.

END

 


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