[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4291 Introduced in House (IH)]
105th CONGRESS
2d Session
H. R. 4291
To amend the Immigration and Nationality Act to eliminate, for alien
battered spouses and children, certain restrictions rendering them
ineligible to apply for adjustment of status, suspension of
deportation, and cancellation of removal, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 21, 1998
Mrs. Morella (for herself, Mrs. Johnson of Connecticut, Ms. Norton, Mr.
Smith of New Jersey, Mr. Berman, Ms. Ros-Lehtinen, Ms. Roybal-Allard,
Ms. Lofgren, and Mr. Fox of Pennsylvania) introduced the following
bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Immigration and Nationality Act to eliminate, for alien
battered spouses and children, certain restrictions rendering them
ineligible to apply for adjustment of status, suspension of
deportation, and cancellation of removal, 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.
This Act may be cited as the ``VAWA Restoration Act''.
SEC. 2. REMOVING BARRIERS TO ADJUSTMENT OF STATUS FOR VICTIMS OF
DOMESTIC VIOLENCE.
(a) In General.--Section 245 of the Immigration and Nationality Act
(8 U.S.C. 1255) is amended--
(1) in subsection (a), by inserting ``of an alien who
qualifies for classification under subparagraph (A)(iii),
(A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or'' after
``The status'';
(2) in subsection (c)(2), by striking ``201(b) or a
special'' and inserting ``201(b), an alien who qualifies for
classification under subparagraph (A)(iii), (A)(iv), (B)(ii),
or (B)(iii) of section 204(a)(1), or a special'';
(3) in subsection (c)(4), by striking ``201(b))'' and
inserting ``201(b) or an alien who qualifies for classification
under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of
section 204(a)(1))'';
(4) in subsection (c)(5), by inserting ``(other than an
alien who qualifies for classification under subparagraph
(A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1))''
after ``an alien''; and
(5) in subsection (c)(8), by inserting ``(other than an
alien who qualifies for classification under subparagraph
(A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1)''
after ``any alien''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to applications for adjustment of status pending on or after the
date of the enactment of this Act.
SEC. 3. REMOVING BARRIERS TO CANCELLATION OF REMOVAL AND SUSPENSION OF
DEPORTATION FOR VICTIMS OF DOMESTIC VIOLENCE.
(a) In General.--
(1) Special rule for calculating continuous period for
battered spouse or child.--Paragraph (1) of section 240A(d) of
the Immigration and Nationality Act (8 U.S.C. 1229b(d)(1)) is
amended to read as follows:
``(1) Termination of continuous period.--
``(A) In general.--Except as provided in
subparagraph (B), for purposes of this section, any
period of continuous residence or continuous physical
presence in the United States shall be deemed to end
when the alien is served a notice to appear under
section 239(a) or when the alien has committed an
offense referred to in section 212(a)(2) that renders
the alien inadmissible to the United States under
section 212(a)(2) or removable from the United
States under section 237(a)(2) or 237(a)(4), whichever is earliest.
``(B) Special rule for battered spouse or child.--
For purposes of subsection (b)(2), the service of a
notice to appear referred to in subparagraph (A) shall
not be deemed to end any period of continuous physical
presence in the United States.''.
(2) Exemption from annual limitation on cancellation of
removal for battered spouse or child.--Section 240A(e)(3) of
the Immigration and Nationality Act (8 U.S.C. 1229b(e)(3)) is
amended by adding at the end the following:
``(C) Aliens whose removal is cancelled under
subsection (b)(2).''.
(3) Effective date.--The amendments made by paragraphs (1)
and (2) shall take effect as if included in the enactment of
section 304 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 587).
(b) Modification of Certain Transition Rules for Battered Spouse or
Child.--
(1) In general.--Subparagraph (C) of section 309(c)(5) of
the Illegal Immigration Reform and Immigrant Responsibility Act
of 1996 (8 U.S.C. 1101 note) (as amended by section 203 of the
Nicaraguan Adjustment and Central American Relief Act) is
amended--
(2) by amending the subparagraph heading to read as
follows:
``(C) Special rule for certain aliens granted
temporary protection from deportation and for battered
spouses and children.--''; and
(3) in clause (i)--
(A) by striking ``or'' at the end of subclause
(IV);
(B) by striking the period at the end of subclause
(V) and inserting ``; or''; and
(C) by adding at the end the following:
``(VI) is an alien who was issued
an order to show cause or was in
deportation proceedings prior to 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).''.
(4) Effective date.--The amendments made by paragraph (1)
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).
SEC. 4. ELIMINATING TIME LIMITATIONS ON MOTIONS TO REOPEN REMOVAL AND
DEPORTATION PROCEEDINGS FOR VICTIMS OF DOMESTIC VIOLENCE.
(a) Removal Proceedings.--
(1) In general.--Section 240(c)(6)(C) of the Immigration
and Nationality Act (8 U.S.C. 1229a(c)(6)(C) is amended by
adding at the end the following:
``(iv) Special rule for battered spouses
and children.--There is no time limit on the
filing of a motion to reopen, and the deadline
specified in subsection (b)(5)(C) does not
apply, if the basis of the motion is to apply
for adjustment of status based on a petition
filed under clause (iii) or (iv) of section
204(a)(1)(A), clause (ii) or (iii) of section
204(a)(1)(B), or section 240A(b)(2).''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect as if included in the enactment of section
304 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 587).
(b) Deportation Proceedings.--
(1) In general.--Notwithstanding any limitation imposed by
law on motions to reopen 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) does not apply, if the basis of the motion is to apply
for relief under clause (iii) or (iv) of section 204(a)(1)(A)
of the Immigration and Nationality Act, clause (ii) or (iii) of
section 204(a)(1)(B) of such Act, or section 244(a)(3) of such
Act (as so in effect).
(2) Applicability.--Paragraph (1) shall apply to motions
filed by aliens who--
(A) 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
(B) have become eligible to apply for relief under
clause (iii) or (iv) of section 204(a)(1)(A) of the
Immigration and Nationality Act, clause (ii) or (iii)
of section 204(a)(1)(B) of such Act, 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) section 3 of this Act.
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