[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3083 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 3083

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 14, 1999

 Ms. Schakowsky (for herself, Ms. Jackson-Lee of Texas, Mrs. Morella, 
   Mr. Capuano, Mr. Meeks of New York, Mr. McGovern, Mr. Berman, Mr. 
 Waxman, Mr. Sanders, Mr. Weiner, Mr. Hinchey, Mr. Frost, Mr. Farr of 
   California, Mr. Stupak, Mr. Leach, Ms. Berkley, Ms. Woolsey, Mr. 
Abercrombie, Ms. Eddie Bernice Johnson of Texas, Mr. Wynn, Mrs. Maloney 
   of New York, Ms. Norton, Mrs. Mink of Hawaii, Ms. Slaughter, Ms. 
   Millender-McDonald, Mrs. Capps, Ms. Lee, Mr. Towns, Ms. Brown of 
Florida, Mrs. Lowey, Mr. Green of Texas, Mr. McNulty, Mr. George Miller 
  of California, Mr. Crowley, Ms. McKinney, Mr. Conyers, Mrs. Meek of 
  Florida, Mr. Kind, and Ms. DeLauro) introduced the following bill; 
 which was referred to the Committee on the Judiciary, and in addition 
 to the Committees on Ways and Means, Banking and Financial Services, 
  Education and the Workforce, Agriculture, and Armed Services, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


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

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Battered Immigrant 
Women Protection Act of 1999''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Restoring immigration protections under the Violence Against 
                            Women Act of 1994 (VAWA).
Sec. 4. Remedying problems with implementation of the immigration 
                            provisions of VAWA.
Sec. 5. Waivers and exceptions to inadmissibility for otherwise 
                            qualified battered immigrants.
Sec. 6. Calculation of physical presence in VAWA cancellation of 
                            removal and suspension of deportation.
Sec. 7. Improved access to VAWA immigration protections for battered 
                            immigrant women.
Sec. 8. Improved access to VAWA cancellation of removal.
Sec. 9. Good moral character determinations.
Sec. 10. Economic Security Act for Battered Immigrant Women.
Sec. 11. Access to legal representation and services for battered 
                            immigrants.
Sec. 12. Violence Against Women Act training for INS officers, 
                            immigration judges, and civil and criminal 
                            court justice system personnel.
Sec. 13. Protection for certain victims of crimes against women.
Sec. 14. Access to Cuban adjustment for battered immigrant spouses and 
                            children.
Sec. 15. Access to the Nicaraguan and Central American Relief Act for 
                            battered spouses and children.
Sec. 16. Access to the Haitian Refugee Immigration Fairness Act of 1998 
                            for battered spouses and children.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) the goal of the immigration protections for battered 
        immigrants included in the Violence Against Women Act of 1994 
        was to remove immigration laws as a barrier that kept battered 
        immigrant women and children locked in abusive relationships;
            (2) providing battered immigrant women and children who 
        were experiencing domestic violence at home with protection 
        against deportation allows them to obtain protection orders 
        against their abusers and frees them to cooperate with law 
        enforcement and prosecutors in criminal cases brought against 
        their abusers and the abusers of their children; and
            (3) there are several groups of battered immigrant women 
        and children who do not have access to the immigration 
        protections of the Violence Against Women Act of 1994 which 
        means that their abusers are virtually immune from prosecution 
        because their victims can be deported and the Immigration and 
        Naturalization Service cannot offer them protection no matter 
        how compelling their case under existing law.
    (b) Purposes.--The purposes of this Act are--
            (1) to promote criminal prosecutions of all persons who 
        commit acts of battery or extreme cruelty against immigrant 
        women and children;
            (2) to offer protection against domestic violence occurring 
        in family and intimate relationships that are covered in State 
        and tribal protection orders, domestic violence, and family law 
        statutes; and
            (3) to correct erosions of the Violence Against Women Act 
        of 1994 immigration protections that occurred as a result of 
        the Illegal Immigration Reform and Immigrant Responsibility Act 
        of 1996 and the Balanced Budget Act of 1997.

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

    (a) Removing Barriers to Adjustment of Status for Victims of 
Domestic Violence.--
            (1) Immigration amendments.--Section 245 of the Immigration 
        and Nationality Act (8 U.S.C. 1255) is amended--
                    (A) in subsection (a), by inserting ``or the status 
                of any other alien having an approved petition for 
                classification under subparagraph (A)(iii), (A)(iv), 
                (A)(v), (A)(vi), (B)(ii), (B)(iii), or (B)(iv) of 
                section 204(a)(1) or'' after ``into the United 
                States''; and
                    (B) in subsection (c), by striking ``Subsection (a) 
                shall not be applicable to'' and inserting the 
                following: ``Other than an alien who has an approved 
                petition for classification under subparagraph 
                (A)(iii), (A)(iv), (A)(v), (A)(vi), (B)(ii), (B)(iii), 
                or (B)(iv) of section 204(a)(1), subsection (a) shall 
                not be applicable to''.
            (2) Effective date.--The amendments made by paragraph (1) 
        shall apply to applications for adjustment of status pending 
        on, or made on or after, January 14, 1998.
    (b) Removing Barriers to Cancellation of Removal and Suspension of 
Deportation for Victims of Domestic Violence.--
            (1) Not treating service of notice as terminating 
        continuous period.--
                    (A) In general.--Section 240A(d)(1) of such Act (8 
                U.S.C. 1229b(d)(1)) is amended by striking ``when the 
                alien is served a notice to appear under section 239(a) 
                or'' and inserting ``(A) except in the case of an alien 
                who applies for cancellation of removal under 
                subsection (b)(2), when the alien is served a notice to 
                appear under section 239(a) or (B)''.
                    (B) Effective date.--The amendment made by 
                subparagraph (A) shall take effect as if included in 
                the enactment of section 304 of the Illegal Immigration 
                Reform and Immigrant Responsibility Act of 1996 
                (division C of Public Law 104-208, 110 Stat. 587).
            (2) Exemption from annual limitation on cancellation of 
        removal for battered spouse or child.--
                    (A) In general.--Section 240A(e)(3) of the 
                Immigration and Nationality Act (8 U.S.C. 1229b(e)(3)) 
                is amended by adding at the end the following:
                    ``(C) Aliens in removal proceedings who applied for 
                cancellation of removal under subsection (b)(2).''.
                    (B) Effective date.--The amendment made by 
                subparagraph (A) shall take effect as if included in 
                the enactment of section 304 of the Illegal Immigration 
                Reform and Immigrant Responsibility Act of 1996 
                (division C of Public Law 104-208, 110 Stat. 587).
            (3) Modification of certain transition rules for battered 
        spouse or child.--
                    (A) In general.--Subparagraph (C) of section 
                309(c)(5) of the Illegal Immigration Reform and 
                Immigrant Responsibility Act of 1996 (8 U.S.C. 1101 
                note), as amended by section 203(a) of Public Law 105-
                100, is amended--
                            (i) in the heading by inserting ``and for 
                        battered spouses and children'' after ``from 
                        deportation''; and
                            (ii) in clause (i)--
                                    (I) by striking, ``or'' at the end 
                                of subclause (IV);
                                    (II) by striking the period at the 
                                end of subclause (V) and inserting ``; 
                                or''; and
                                    (III) by adding at the end the 
                                following new subclause:
                                    ``(VI) is an alien who was issued 
                                an order to show cause or was in 
                                deportation proceedings before April 1, 
                                1997, and who applied for suspension of 
                                deportation under section 244(a)(3) of 
                                the Immigration and Nationality Act (as 
                                in effect before the date of the 
                                enactment of this Act).''.
                    (B) Effective date.--The amendments made by 
                subparagraph (A) shall take effect as if included in 
                the enactment of section 309 of the Illegal Immigration 
                Reform and Immigrant Responsibility Act of 1996 (8 
                U.S.C. 1101 note).
    (c) Eliminating Time Limitations on Motions To Reopen Removal and 
Deportation Proceedings for Victims of Domestic Violence.--
            (1) Removal proceedings.--
                    (A) In general.--Section 240(c)(6)(C) of the 
                Immigration and Nationality Act (8 U.S.C. 
                1229a(c)(6)(C)) is amended by adding at the end the 
                following:
                            ``(iv) Special rule for battered spouses 
                        and children.--There is no time limit on the 
                        filing of a motion to reopen, and the deadline 
                        specified in subsection (b)(5)(C) for filing 
                        such a motion does not apply--
                                    ``(I) if the basis for the motion 
                                is to apply for relief under clause 
                                (iii), (iv), (v), or (vi) of section 
                                204(a)(1)(A), clause (ii), (iii), or 
                                (iv) of section 204(a)(1)(B), or 
                                section 240A(b)(2); and
                                    ``(II) if the motion is accompanied 
                                by a cancellation of removal 
                                application to be filed with the 
                                Attorney General or by a copy of the 
                                self-petition that has been or will be 
                                filed with the Immigration and 
                                Naturalization Service upon the 
                                granting of the motion to reopen.''.
                    (B) Effective date.--The amendment made by 
                subparagraph (A) shall take effect as if included in 
                the enactment of section 304 of the Illegal Immigration 
                Reform and Immigrant Responsibility Act of 1996.
            (2) Deportation proceedings.--
                    (A) In general.--Notwithstanding any limitation 
                imposed by law on motions to reopen or rescind 
                deportation proceedings under the Immigration and 
                Nationality Act (as in effect before the title III-A 
                effective date in section 309 of the Illegal 
                Immigration Reform and Immigrant Responsibility Act of 
                1996 (8 U.S.C. 1101 note)), there is no time limit on 
                the filing of a motion to reopen such proceedings, and 
                the deadline specified in section 242B(c)(3) of the 
                Immigration and Nationality Act (as so in effect) (8 
                U.S.C. 1252b(c)(3)) does not apply--
                            (i) if the basis of the motion is to apply 
                        for relief under clause (iii), (iv), (v), or 
                        (vi) of section 204(a)(1)(A) of the Immigration 
                        and Nationality Act (8 U.S.C. 1154(a)(1)(A)), 
                        clause (ii), (iii), or (iv) of section 
                        204(a)(1)(B) of such Act (8 U.S.C. 
                        1154(a)(1)(B)), or section 244(a)(3) of such 
                        Act (as so in effect) (8 U.S.C. 1254(a)(3)); 
                        and
                            (ii) if the motion is accompanied by a 
                        suspension of deportation application to be 
                        filed with the Attorney General or by a copy of 
                        the self-petition that will be filed with the 
                        Immigration and Naturalization Service upon the 
                        granting of the motion to reopen.
                    (B) Applicability.--Subparagraph (A) shall apply to 
                motions filed by aliens who--
                            (i) are, or were, in deportation 
                        proceedings under the Immigration and 
                        Nationality Act (as in effect before the title 
                        III-A effective date in section 309 of the 
                        Illegal Immigration Reform and Immigrant 
                        Responsibility Act of 1996 (8 U.S.C. 1101 
                        note)); and
                            (ii) have become eligible to apply for 
                        relief under clause (iii), (iv), (v), or (vi) 
                        of section 204(a)(1)(A) of the Immigration and 
                        Nationality Act (8 U.S.C. 1154(a)(1)(A)), 
                        clause (ii), (iii), or (iv) of section 
                        204(a)(1)(B) of such Act (8 U.S.C. 
                        1154(a)(1)(B)), or section 244(a)(3) of such 
                        Act (as in effect before the title III-A 
                        effective date in section 309 of the Illegal 
                        Immigration Reform and Immigrant Responsibility 
                        Act of 1996 (8 U.S.C. 1101 note)) as a result 
                        of the amendments made by--
                                    (I) subtitle G of title IV of the 
                                Violent Crime Control and Law 
                                Enforcement Act of 1994 (Public Law 
                                103-322; 108 Stat. 1953 et seq.); or
                                    (II) this Act.

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

    (a) Effect of Changes in Abusers' Citizenship Status on Self-
Petition.--
            (1) Reclassification.--Section 204(a)(1)(A) of the 
        Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)), as 
        amended by paragraphs (4), (5), and (6) of section 7(c), is 
        amended by adding after clause (vii) the following new clause:
    ``(viii) For the purposes of any petition filed under clause (iii), 
(iv), (v), or (vi), denaturalization, loss or renunciation of 
citizenship, death of the abuser, or changes to the abuser's 
citizenship status after filing of the petition shall not adversely 
affect the approval of the petition and, for approved petitions, shall 
not preclude the classification of the eligible self-petitioning 
spouse, child, or son or daughter as an immediate relative or affect 
the alien's ability to adjust status under subsections (a) and (c) of 
section 245 or obtain status as a lawful permanent resident based on 
the approved self-petition under such clauses.''.
            (2) Loss of status.--Section 204(a)(1)(B) of the 
        Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(B)), as 
        amended by paragraphs (4) and (5) of section 7(d), is amended 
        by adding after clause (v) the following new clause:
    ``(vi)(I) For the purposes of petitions filed or approved under 
clause (ii), (iii), or (iv), loss of lawful permanent resident status 
by a spouse or parent or death of a spouse or parent who was a lawful 
permanent resident after the filing of a petition under that clause 
shall not adversely affect approval of the petition, and, for an 
approved petition, shall not affect the alien's ability to adjust 
status under sections 245(a) and 245(c) or obtain status as a lawful 
permanent resident based on the approved self-petition under such 
clause (ii), (iii), or (iv).
    ``(II) Upon the lawful permanent resident spouse or parent becoming 
a United States citizen through naturalization, acquisition of 
citizenship, or other means, any petition filed with the Immigration 
and Naturalization Service and pending or approved under clause (ii), 
(iii), or (iv) on behalf of an alien who has been battered or subjected 
to extreme cruelty shall be deemed reclassified as a petition filed 
under subparagraph (A) even if the acquisition of citizenship occurs 
after divorce or termination of parental rights.''.
            (3) Definition of immediate relative.--Section 
        201(b)(2)(A)(i) of the Immigration and Nationality Act (8 
        U.S.C. 1154(b)(2)(A)(i)) is amended by adding at the end the 
        following new sentence: ``For purposes of this clause, an alien 
        who has filed a petition under clause (iii), (iv), (v), or (vi) 
        of section 204(a)(1)(A) remains an immediate relative in the 
        event that the United States citizen spouse, parent, son, or 
        daughter loses United States citizenship or dies after the 
        filing of the petition.''.
    (b) Exemption for Battered Immigrant Women Who Entered the United 
States on Fiance Visas From Conditional Residency Status Requirement.--
Section 245(d) of the Immigration and Nationality Act (8 U.S.C. 
1255(d)) is amended by adding at the end the following: ``This 
subsection shall not apply to aliens who seek adjustment of status on 
the basis of an approved self-petition for classification under clause 
(iii), (iv), (v), or (vi) of section 204(a)(1)(A) or classification 
under clause (ii), (iii), or (iv) of section 204(a)(1)(B).''.
    (c) Reducing an Abuser's Control Over a Battered Immigrant's 
Immigration Case.--Section 205 of the Immigration and Nationality Act 
(8 U.S.C. 1155) is amended by adding at the end the following: 
``Whenever a beneficiary of a petition filed under section 204 provides 
the Attorney General with credible evidence of battery or extreme 
cruelty as described in section 216(c)(4)(C), 204(a)(1)(A), or 
204(a)(1)(B), the Attorney General shall adjudicate the petition filed 
under section 204 notwithstanding--
            ``(1) the withdrawal by the petitioner of the petition;
            ``(2) the failure of the petitioner to appear at the 
        interview;
            ``(3) the failure of the petitioner to file an affidavit of 
        support; or
            ``(4) a prior revocation or denial based on withdrawal of, 
        or failure to prosecute, the petition or any other 
        determination based on the petitioner's actions that could 
        result or have resulted in the denial or revocation of the 
        petition (but for this section).''.
    (d) Requiring Prosecutor Cooperation With Battered Immigrant VAWA 
Applicants.--Section 2101(c) of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3796hh(c)) is amended--
            (1) by striking ``and'' at the end of paragraph (4);
            (2) by striking the period at the end of paragraph (4) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(5) certify that their laws, policies, and practices do 
        not discourage or prohibit prosecutors and law enforcement 
        officers from granting access to information about the 
        citizenship or lawful permanent residency status of a domestic 
        violence perpetrator to the victim, the child, son, or daughter 
        or their advocate so long as release of the information does 
        not jeopardize ongoing prosecution of the abuser.''.
    (e) Allowing Remarriage of Battered Immigrants.--Section 204(h) of 
the Immigration and Nationality Act (8 U.S.C. 1154(h)) is amended by 
adding at the end the following new sentence: ``Remarriage of an alien 
whose petition was approved under subsection (a)(1)(B)(ii) or 
(a)(1)(A)(iii) or marriage of an alien described in subsection 
(a)(1)(A)(iv), (a)(1)(A)(vi), (a)(1)(B)(iii), or (a)(1)(B)(iv) shall 
not be the basis for revocation under section 205.''.

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

    (a) Discretionary Waivers for Certain Inadmissibility and Removal 
Grounds.--
            (1) Inadmissibility grounds.--Section 212 of the 
        Immigration and Nationality Act (8 U.S.C. 1182) is amended by 
        adding at the end the following:
    ``(r) Discretionary Waiver Authority.--The Attorney General, in the 
Attorney General's discretion, may waive any provision of this section 
(other than paragraphs (3), (10)(A), (10)(D), and (10)(E) of subsection 
(a)) for humanitarian purposes, to assure family unity, or when it is 
otherwise in the public interest if the alien demonstrates a connection 
between the crime or disqualifying act and battery or extreme cruelty 
for any alien who qualifies for--
            ``(1) classification under clause (iii), (iv), (v), or (vi) 
        of section 204(a)(1)(A) or classification under clause (ii), 
        (iii), or (iv) of section 204(a)(1)(B); or
            ``(2) relief under section 240A(b)(2) or under section 
        244(a)(3) (as in effect before the enactment of the Illegal 
        Immigration Reform and Immigrant Responsibility Act of 
        1996).''.
            (2) Removal grounds.--Section 237 of the Immigration and 
        Nationality Act (8 U.S.C. 1227) is amended by adding at the end 
        the following:
    ``(d) Discretionary Waiver Authority.--The Attorney General, in the 
discretion of the Attorney General, may waive any provision of this 
section (other than subsections (a)(2)(D)(i), (a)(4), or (a)(5)) for 
humanitarian purposes, to assure family unity, or when it is otherwise 
in the public interest in the case of an alien who demonstrates a 
connection between the crime or disqualifying act and battery or 
extreme cruelty for any alien who qualifies for--
            ``(1) classification under clause (iii), (iv), (v), or (vi) 
        of section 204(a)(1)(A) or classification under clause (ii), 
        (iii), or (iv) of section 204(a)(1)(B); or
            ``(2) relief under section 240A(b)(2) or under section 
        244(a)(3) (as in effect before the enactment of the Illegal 
        Immigration Reform and Immigrant Responsibility Act of 
        1996).''.
    (b) Offering Equal Access to VAWA Immigration Protections for All 
Qualified Battered Immigrant Self-Petitioners.--
            (1) Eliminating connection between battery and unlawful 
        entry.--Section 212(a)(6)(A)(ii) of the Immigration and 
        Nationality Act (8 U.S.C. 1182) is amended--
                    (A) by amending subclause (I) to read as follows:
                                    ``(I) the alien qualifies for 
                                classification under subparagraph 
                                (A)(iii), (A)(iv), (A)(v), (A)(vi), 
                                (B)(ii), (B)(iii), or (B)(iv) of 
                                section 204(a)(1), and'';
                    (B) by striking ``, and'' in subclause (II) and 
                inserting a period; and
                    (C) by striking subclause (III).
            (2) Battered immigrant exception.--Section 
        212(a)(9)(A)(iii) of such Act (8 U.S.C. 1182(a)(9)(A)(iii)) is 
        amended by adding at the end the following: ``Clauses (i) and 
        (ii) also shall not apply to aliens to whom the Attorney 
        General has granted classification under clause (iii), (iv), 
        (v), or (vi) of section 204(a)(1)(A) or classification under 
        clause (ii), (iii), or (iv) of section 204(a)(1)(B).''.
            (3) Eliminating connection between battery and violation of 
        the terms of an immigrant visa.--Section 212(a)(9)(B)(iii)(IV) 
        of such Act (8 U.S.C. 1182(a)(9)(B)(iii)(IV)) is amended by 
        striking ``who would be described in paragraph (6)(A)(ii)'' and 
        all that follows and inserting ``who is described in paragraph 
        (6)(A)(ii).''.
            (4) Battered immigrant exception.--Section 212(a)(9)(C)(ii) 
        of such Act (8 U.S.C. 1182(a)(9)(C)(ii)) is amended by adding 
        at the end the following: ``Clause (i) shall also not apply to 
        aliens to whom the Attorney General has granted classification 
        under clause (iii), (iv), (v), or (vi) of section 204(a)(1)(A) 
        or classification under clause (ii), (iii), or (iv) of section 
        204(a)(1)(B).''.
            (5) Waiver of certain removal grounds.--Section 237 of the 
        Immigration and Nationality Act (8 U.S.C. 1227), as amended by 
        subsection (a)(2), is further amended by adding at the end the 
        following:
    ``(e) Waiver for Victims of Domestic Violence.--The Attorney 
General is not limited by the criminal court record and may waive the 
application of subsections (a)(2)(E)(i), (a)(2)(E)(ii), (a)(2)(A)(i), 
and (a)(2)(A)(iii) in the case of an alien who has been battered or 
subjected to extreme cruelty and who is not and was not the primary 
perpetrator of violence in the relationship--
            ``(1) upon determination that--
                    ``(A) the alien was acting in self-defense;
                    ``(B) the alien was found to have violated a 
                protection order intended to protect the alien; or
                    ``(C) the alien committed, was arrested for, was 
                convicted of, or pled guilty to committing a crime 
                where there was a connection between the crime 
and having been battered or subjected to extreme cruelty; or
            ``(2) for humanitarian purposes, to assure family unity, or 
        when it is otherwise in the public interest.''.
            (6) Misrepresentation waivers for battered spouses of 
        united states citizens and lawful permanent residents.--
                    (A) Waiver of inadmissibility.--Section 212(i)(1) 
                of the Immigration and Nationality Act (8 U.S.C. 
                1182(i)(1)) is amended by inserting before the period 
                at the end the following: ``or, in the case of an alien 
                granted classification under clause (iii), (iv), (v), 
                or (vi) of section 204(a)(1)(A) or clause (ii), (iii), 
                or (iv) of section 204(a)(1)(B), or who qualifies for 
                relief under section 240A(b)(2) or under section 
                244(a)(3) (as in effect before the date of enactment of 
                the Illegal Immigration Reform and Immigrant 
                Responsibility Act of 1996), the alien demonstrates 
                extreme hardship to the alien or the alien's United 
                States citizen, lawful permanent resident or qualified 
                alien parent, child, son, or daughter''.
                    (B) Waiver of deportability.--Section 237(a)(1)(H) 
                of the Immigration and Nationality Act (8 U.S.C. 
                1227(a)(1)(H)) is amended--
                            (i) in clause (i), by inserting ``(I)'' 
                        after ``(i)'';
                            (ii) by redesignating clause (ii) as 
                        subclause (II); and
                            (iii) by inserting after clause (i) the 
                        following new clause:
                            ``(ii) is an alien who qualifies for 
                        classification under clause (iii), (iv), (v), 
                        or (vi) of section 204(a)(1)(A) or clause (ii), 
                        (iii), or (iv) of section 204(a)(1)(B), or who 
                        qualifies for relief under section 240A(b)(2) 
                        or under section 244(a)(3) (as in effect before 
                        the date of enactment of the Illegal 
                        Immigration Reform and Immigrant Responsibility 
                        Act of 1996).''.

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

    (a) Cancellation of Removal Proceedings.--Section 240A(d)(2) of the 
Immigration and Nationality Act (8 U.S.C. 1229b(d)(2)) is amended by 
adding at the end the following: ``In the case of an alien applying for 
cancellation of removal under subsection (b)(2), the Attorney General 
may waive the provisions of this subsection for humanitarian purposes, 
to assure family unity, or when it is otherwise in the public interest, 
if the alien demonstrates that the absences were connected to the 
battery or extreme cruelty forming the basis of the application for 
cancellation of removal under such subsection.''.
    (b) Suspension of Deportation Proceedings.--With respect to 
applications filed under section 244(a)(3) of the Immigration and 
Nationality Act (as in effect before the title III-A effective date, as 
defined in section 309(a) of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (division C of Public Law 104-208; 
110 Stat. 3009-625)) (8 U.S.C. 1254(a)(3)), the Attorney General may 
waive the physical presence requirement for humanitarian purposes, to 
assure family unity, or when it is otherwise in the public interest if 
the alien demonstrates that the absences were connected to the battery 
or extreme cruelty forming the basis of the application for suspension 
of deportation.

SEC. 7. IMPROVED ACCESS TO VAWA IMMIGRATION PROTECTIONS FOR BATTERED 
              IMMIGRANT WOMEN.

    (a) Intended Spouse Defined.--Section 101(a) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)) is amended by adding at the end the 
following new paragraph:
    ``(50) The term `intended spouse' means any alien who meets the 
criteria set forth in section 204(j)(1)(B) or 204(k)(1)(B).''.
    (b) Ensuring Protection for Abused Children and Children of 
Battered Immigrants.--Section 101(b) of the Immigration and Nationality 
Act (8 U.S.C. 1101(b)) is amended--
            (1) in paragraph (1), by striking ``The term'' and 
        inserting ``Subject to paragraph (6), the term'', and
            (2) by adding at the end the following new paragraph:
    ``(6) For the purposes of clauses (iii) and (iv) of section 
204(a)(1)(A), clauses (ii) and (iii) of section 204(a)(1)(B), section 
240A(b)(2), and section 244(a)(3) (as in effect before the date of the 
enactment of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996) and for the purposes of attaining lawful 
permanent residency under those sections either under section 245 or by 
obtaining an immigrant visa under section 203, an individual who turns 
21 years old remains a child under paragraph (1) if, on the date a 
petition or application was filed by the individual or their parent 
under any of these sections the individual--
            ``(A) met the definition of child in one of subparagraphs 
        (A) through (F) of paragraph (1); and
            ``(B) was under the age of 21 on the date the application 
        or petition was filed.''.
    (c) Immediate Relative Status for Self-Petitioners Married to U.S. 
Citizens.--
            (1) Self-petitioning spouses.--
                    (A) Battery or cruelty to alien or alien's child.--
                Section 204(a)(1)(A)(iii) of the Immigration and 
                Nationality Act (8 U.S.C. 1154(a)(1)(A)(iii)) is 
                amended to read as follows:
    ``(iii) An alien who is described in subsection (j) may file a 
petition with the Attorney General under this clause for classification 
of the alien (and any child of the alien as defined in paragraph (1) or 
(6) of section 101(b) if the alien demonstrates to the Attorney General 
that--
            ``(I) the marriage or the intent to marry the United States 
        citizen was entered into in good faith by the alien; and
            ``(II) during the marriage or relationship intended by the 
        alien to be legally a marriage, the alien or a child of the 
        alien has been battered or has been the subject of extreme 
        cruelty perpetrated by the alien's spouse or intended 
        spouse.''.
                    (B) Description of protected spouse or intended 
                spouse.--Section 204 of the Immigration and Nationality 
                Act (8 U.S.C. 1154) is amended by adding at the end the 
                following:
    ``(j) Description of Protected Spouse or Intended Spouse.--For 
purposes of subsection (a)(1)(A)(iii), an alien described in this 
subsection is an alien--
            ``(1)(A) who is the spouse of a citizen of the United 
        States; or
            ``(B)(i) who believed that he or she had married a citizen 
        of the United States and with whom a marriage ceremony was 
        actually performed; and
            ``(ii) who otherwise meets any applicable requirements 
        under this Act to establish the existence of and bona fides of 
        a marriage, but whose marriage is not legitimate solely because 
        of the bigamy of such citizen of the United States; or
            ``(C) who was a bona fide spouse of a United States citizen 
        within the past two years and whose spouse died within the past 
        two years, or whose spouse lost immigration status within the 
        past two years due to an incident of domestic violence, or who 
        demonstrates a connection between the legal termination of the 
        marriage within the past two years and battering or extreme 
        cruelty by the United States citizen spouse;
            ``(2) who is a person of good moral character;
            ``(3) who is eligible to be classified as an immediate 
        relative under section 201(b)(2)(A)(i) or who would have been 
        so classified but for the bigamy of the citizen of the United 
        States that the alien intended to marry; and
            ``(4) who has resided with the alien's spouse or intended 
        spouse.''.
            (2) Guaranteeing access to vawa relief for battered 
        immigrants brought into the united states on fiance visas.--
        Section 204(a)(1)(C) of the Immigration and Nationality Act, as 
inserted by subsection (d)(6), is amended by adding at the end the 
following new clause:
    ``(iii) For aliens who entered the country on fiance visas, failure 
to marry the sponsor or failure to marry the sponsor within 90 days as 
required under section 101(a)(15)(K) shall not bar access to relief 
under clause (iii), (iv), (v), or (vi) of subsection (a)(1)(A), under 
clause (ii), (iii), or (iv) of subsection (a)(1)(B), under section 
240A(b)(2), or under section 244(a)(3) (as in effect before the 
enactment of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996) to aliens who otherwise qualify.''.
            (3) Self-petitioning children.--Section 204(a)(1)(A)(iv) of 
        the Immigration and Nationality Act (8 U.S.C. 
        1154(a)(1)(A)(iv)) is amended to read as follows:
    ``(iv) An alien who is the child of a citizen of the United States 
(as defined in paragraph (1) or (6) of section 101(b)) or who was a 
child of United States citizen parent who died within the past two 
years or lost immigration status due to an incident of domestic 
violence within the past two years, and who is a person of good moral 
character, who is eligible to be classified as an immediate relative 
under section 201(b)(2)(A)(i), and who resides or has resided in the 
past with the citizen parent may file a petition with the Attorney 
General under this subparagraph for classification of the alien (and 
any child of the alien) under such section if the alien demonstrates to 
the Attorney General that the alien has been battered by or has been 
the subject of extreme cruelty perpetrated by the alien's citizen 
parent. For purposes of this clause, residence includes any period of 
visitation.''.
            (4) Self-petitioning parents.--Section 204(a)(1)(A) of the 
        Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)) is 
        amended by adding after clause (iv) the following new clause:
    ``(v) An alien who is the parent of a citizen of the United States 
or who was a parent of United States citizen who died within the past 
two years or lost immigration status due to an incident of domestic 
violence within the past two years, and who is a person of good moral 
character, who is eligible to be classified as an immediate relative 
under section 201(b)(2)(A)(i), and who has resided with the citizen 
daughter or son may file a petition with the Attorney General under 
this subparagraph for classification of the alien under such section if 
the alien demonstrates to the Attorney General that the alien has been 
battered by or has been the subject of extreme cruelty perpetrated by 
the alien's citizen son or daughter.''.
            (5) Self-petitioning son or daughter.--Section 204(a)(1)(A) 
        of the Immigration and Nationality Act (8 U.S.C. 
        1154(a)(1)(A)), as amended by paragraph (4), is amended by 
        adding after clause (v) the following new clause:
    ``(vi) An alien who is the son or daughter of a citizen of the 
United States or who was the son or daughter of United States citizen 
parent who died within the past two years or lost immigration status 
due to an incident of domestic violence within the past two years, and 
who is a person of good moral character, who is eligible for 
classification by reason of a relationship described in paragraph (1) 
of section 203(a), and who resides or has resided in the past with the 
citizen parent may file a petition with the Attorney General under this 
clause for classification of the alien (and any child of the alien) 
under such section if the alien demonstrates to the Attorney General 
that the alien has been battered by, or has been the subject of extreme 
cruelty perpetrated by, the alien's citizen parent and 1 or more 
incidents of battery or extreme cruelty occurred before the son or 
daughter reached the age of 21. For purposes of this clause, residence 
includes any period of visitation.''.
            (6) Filing of petitions.--Section 204(a)(1)(A) of the 
        Immigration and Nationality Act (8 U.S.C. 1154 (a)(1)(A)(iv)), 
        as amended by paragraphs (4) and (5), is amended by adding 
        after clause (vi) the following new clause:
    ``(vii) An alien who is the spouse, intended spouse, child, parent, 
son, or daughter of a United States citizen living abroad and who is 
eligible to file a petition under clause (iii), (iv), (v), or (vi) 
shall file such petition with the Attorney General under the procedures 
that apply to self-petitioners under such clauses.''.
    (d) Second Preference Immigration Status for Self-Petitioners 
Married to Lawful Permanent Residents.--
            (1) Self-petitioning spouses.--Section 204(a)(1)(B)(ii) of 
        the Immigration and Nationality Act (8 U.S.C. 
        1154(a)(1)(B)(ii)) is amended to read as follows:
    ``(ii) An alien who is described in subsection (k) may file a 
petition with the Attorney General under this clause for classification 
of the alien (and any child of the alien as defined in paragraph (1) or 
(6) of section 101(b)) if such a child has not been classified under 
clause (iii) of section 203(a)(2)(A) and if the alien demonstrates to 
the Attorney General that--
            ``(I) the marriage or the intent to marry the lawful 
        permanent resident was entered into in good faith by the alien; 
        and
            ``(II) during the marriage or relationship intended by the 
        alien to be legally a marriage, the alien or a child of the 
        alien has been battered or has been the subject of extreme 
        cruelty perpetrated by the alien's spouse or intended 
        spouse.''.
            (2) Description of protected spouse or intended spouse.--
        Section 204 of the Immigration and Nationality Act (8 U.S.C. 
        1154), as amended by subsection (c)(1)(B), is further amended 
        by adding at the end the following:
    ``(k) Description of Protected Spouse or Intended Spouse.--For 
purposes of subsection (a)(1)(B)(ii), an alien described in this 
subsection is an alien--
            ``(1)(A) who is the spouse of a lawful permanent resident 
        of the United States; or
            ``(B)(i) who believed that he or she had married a lawful 
        permanent resident of the United States and with whom a 
        marriage ceremony was actually performed; and
            ``(ii) who otherwise meets any applicable requirements 
        under this Act to establish the existence of and bona fides of 
        a marriage, but whose marriage is not legitimate solely because 
        of the bigamy of such lawful permanent resident of the United 
        States; or
            ``(iii) who was a bona fide spouse of a lawful permanent 
        resident within the past two years and whose spouse died within 
        the past two years, or whose spouse lost status within the past 
        two years due to an incident of domestic violence, or who 
        demonstrates a connection between the legal termination of the 
        marriage within the past two years and battering or extreme 
        cruelty by the United States citizen spouse;
            ``(2) who is a person of good moral character;
            ``(3) who is eligible to be classified as a spouse of an 
        alien lawfully admitted for permanent residence under section 
        203(a)(2)(A) or who would have been so classified but for the 
        bigamy of the lawful permanent resident of the United States 
        that the alien intended to marry; and
            ``(4) who has resided in the United States with the alien's 
        spouse or intended spouse.''.
            (3) Self-petitioning children.--Section 204(a)(1)(B)(iii) 
        of the Immigration and Nationality Act (8 U.S.C. 
        1154(a)(1)(B)(iii)) is amended to read as follows:
    ``(iii) An alien who is the child of an alien lawfully admitted for 
permanent residence as defined in paragraph (1) or (6) of section 
101(b) or who was a child of a lawful permanent resident parent who 
died within the past two years or lost immigration status due to an 
incident of domestic violence within the past two years, and who is a 
person of good moral character, who is eligible for classification 
under section 203(a)(2)(A), and who resides or has resided in the past 
with the alien's permanent resident alien parent may file a petition 
with the Attorney General under this subparagraph for classification of 
the alien (and any child of the alien) under such section if the alien 
demonstrates to the Attorney General that the alien has been battered 
by or has been the subject of extreme cruelty perpetrated by the 
alien's permanent resident parent. For purposes of this clause, 
residence includes any period of visitation.''.
            (4) Self-petitioning son or daughter.--Section 204(a)(1)(B) 
        of the Immigration and Nationality Act (8 U.S.C. 
        1154(a)(1)(B)), as amended by section 4(a)(2), is further 
        amended by adding at the end the following:
    ``(iv) An alien who is the son or daughter of an alien lawfully 
admitted for permanent residence or who was a son or daughter of a 
lawful permanent resident parent who died within the past two years or 
lost immigration status due to an incident of domestic violence within 
the past two years and who is a person of good moral character, who is 
eligible for classification by reason of a relationship described in 
paragraph (2) of section 203(a), and who resides or has resided in the 
past with the alien's legal permanent resident parent may file a 
petition with the Attorney General under this clause for classification 
of the alien (and any child of the alien) under such section if the 
alien demonstrates to the Attorney General that the alien has been 
battered by, or has been the subject of extreme cruelty perpetrated by, 
the alien's legal permanent resident parent and 1 or more incidents of 
battery or extreme cruelty occurred before the son or daughter reached 
the age of 21. For purposes of this clause, residence includes any 
period of visitation.''.
            (5) Filing of petitions.--Section 204(a)(1)(B) of the 
        Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(B)), as 
        amended by paragraph (4), is further amended by adding after 
        clause (iv) the following new clause:
    ``(v) An alien who is the spouse, intended spouse, child, son, or 
daughter of a lawful permanent resident living abroad is eligible to 
file a petition under clause (ii), (iii), or (iv) shall file such 
petition with the Attorney General under the procedures that apply to 
self-petitioners under such clauses.''.
            (6) Treatment of petitions including derivative children 
        turning 21 years of age.--Section 204(a)(1) of the Immigration 
        and Nationality Act (8 U.S.C. 1154(a)(1)) is amended--
                    (A) by redesignating subparagraphs (C) through (H) 
                as subparagraphs (D) through (I), respectively; and
                    (B) by inserting after subparagraph (B) the 
                following:
    ``(C)(i)(I) Any derivative child who attains 21 years of age and 
who is included in a petition described in clause (ii) that was filed 
or approved before the date on which the child attained 21 years of age 
shall be considered (if no visa has been issued to the child by such 
date) a petitioner for preference status under paragraph (1), (2), or 
(3) of section 203(a), whichever paragraph is applicable, with the same 
priority date as that assigned to the petition in any petition 
described in clause (ii).
    ``(II) Any individual described in subclause (I) and any derivative 
child of a petition described in clause (ii) is eligible for deferred 
action and work authorization.
    ``(ii) The petition referred to in clause (i) is a petition filed 
by an alien under subparagraph (A)(iii), (A)(iv), (A)(vi), (B)(ii), 
(B)(iii), or (B)(iv) in which the child is included as a derivative.''.
    (e) Access to Naturalization for Divorced Victims of Abuse.--
Section 319(a) of the Immigration and Nationality Act (8 U.S.C. 
1430(a)) is amended--
            (1) by inserting ``, and any person who obtained status as 
        a lawful permanent resident by reason of his or her status as a 
        spouse or child of a United States citizen who battered him or 
        her or subjected him or her to extreme cruelty,'' after 
        ``United States'' the first place it appears; and
            (2) by inserting ``(except in the case of a person who has 
        been battered or subjected to extreme cruelty by a United 
        States citizen spouse or parent)'' after ``has been living in 
        marital union with the citizen spouse''.

 SEC. 8. IMPROVED ACCESS TO VAWA CANCELLATION OF REMOVAL.

    (a) Cancellation of Removal and Adjustment of Status for Certain 
Nonpermanent Residents.--Section 240A(b)(2) of the Immigration and 
Nationality Act (8 U.S.C. 1229b(b)(2)) is amended to read as follows:
            ``(2) Special rule for battered spouse, parent, child, son, 
        or daughter.--
                    ``(A) In general.--The Attorney General may cancel 
                removal of, and adjust to the status of an alien 
                lawfully admitted for permanent residence, an alien who 
                is inadmissible or deportable from the United States if 
                the alien demonstrates that--
                            ``(i)(I) the alien has been battered or 
                        subjected to extreme cruelty in the United 
                        States by a spouse, parent, son, or daughter 
                        who is or was a United States citizen (or is 
                        the parent of a child of a United States 
                        citizen and the child has been battered or 
                        subjected to extreme cruelty in the United 
                        States by such citizen parent);
                            ``(II) the alien has been battered or 
                        subjected to extreme cruelty by a spouse or 
                        parent who is or was a lawful permanent 
                        resident (or is the parent of a child of an 
                        alien who is or was a lawful permanent resident 
                        and the child has been battered or subjected to 
                        extreme cruelty in the United States by such 
                        permanent resident parent), or
                            ``(III) the alien has been battered or 
                        subjected to extreme cruelty by a United States 
                        citizen or lawful permanent resident whom the 
                        alien intended to marry, but whose marriage is 
                        not legitimate because of that United States 
                        citizen's or lawful permanent resident's 
                        bigamy;
                            ``(ii) the alien has been physically 
                        present in the United States for a continuous 
                        period of not less than 3 years immediately 
                        preceding the date of such application (and the 
                        issuance of a charging document for removal 
                        proceedings shall not toll the 3-year period of 
                        continuous physical presence in the United 
                        States);
                            ``(iii) the alien has been a person of good 
                        moral character during such period;
                            ``(iv) the alien is not inadmissible under 
                        paragraph (2) or (3) of section 212(a), is not 
                        deportable under paragraphs (1)(G) or (2) 
                        through (4) of section 237(a), and has not been 
                        convicted of an aggravated felony, unless the 
                        Attorney General waives application of this 
                        clause pursuant to section 237(d) or for 
                        humanitarian purposes, to assure family unity, 
                        or when it is otherwise in the public interest; 
                        and
                            ``(v) the removal would result in extreme 
                        hardship to the alien, the alien's child, or 
                        the alien's parent.
                In acting on applications under this paragraph, the 
                Attorney General shall consider any credible evidence 
                relevant to the application. The determination of what 
                evidence is credible and the weight to be given that 
                evidence shall be within the sole discretion of the 
                Attorney General. For aliens who entered the country on 
                fiance visas, failure to marry the sponsor, or failure 
                to marry the sponsor within 90 days as required under 
                section 101(a)(15)(K), shall not bar access to relief 
                under this paragraph to aliens who otherwise qualify.
                    ``(B) Inclusion of other aliens in cancellation of 
                removal applications.--An alien applying for relief 
                under this paragraph may include--
                            ``(i) the alien's children, sons, or 
                        daughters in the alien's application and, if 
                        the alien is found eligible for cancellation, 
                        the Attorney General may adjust the status of 
                        the alien's children, sons, daughters; or
                            ``(ii) the alien's parent or child in the 
                        alien child's (as defined in paragraph (1) or 
                        (6) of section 101(b)) application in the case 
                        of an application filed by an alien who was 
                        abused by a citizen or lawful permanent 
                        resident parent and, if the alien child is 
                        found eligible for cancellation, the Attorney 
                        General may adjust the status of the alien 
                        child applicant and the alien child's parent 
                        and child.
                    ``(C) Inclusion of other aliens in suspension of 
                deportation applications.--An alien applying for relief 
                under section 244(a)(3) (as in effect before the date 
                of the enactment of Illegal Immigration Reform and 
                Immigrant Responsibility Act of 1996) may include--
                            ``(i) the alien's children, sons, or 
                        daughters in the alien's application and, if 
                        the alien is found eligible for suspension, the 
                        Attorney General may adjust the status of the 
                        alien's children, sons, or daughters; or
                            ``(ii) the alien's parent or child in the 
                        alien child's (as defined in paragraph (1) or 
                        (6) of section 101(b)) application in the case 
                        of an application filed by an alien who was 
                        abused by a citizen or lawful permanent 
                        resident parent and, if the alien child is 
                        found eligible for suspension, the Attorney 
                        General may adjust the status of the alien 
                        child applicant and the alien child's parent 
                        and child.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect as if included in the enactment of section 304 of the 
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 
(division C of Public Law 104-208; 110 Stat. 587).
    (c) Treatment of Family Members.--
            (1) In general.--Section 203(d) of the Immigration and 
        Nationality Act (8 U.S.C. 1153(d)) is amended--
                    (A) by inserting ``(1)'' before ``A spouse or 
                child''; and
                    (B) by adding at the end the following:
    ``(2) A spouse, parent, or child as defined in paragraph (1) or (6) 
of section 101(b) if not otherwise entitled to an immigrant status and 
immediate issuance of a visa shall be entitled to attain lawful 
permanent resident status if their spouse, parent, or child was granted 
such status pursuant to section 240A(b)(2) or section 244(a)(3) (as in 
effect before the date of the enactment of Illegal Immigration Reform 
and Immigrant Responsibility Act of 1996) by accompanying or following 
to join the spouse, child, or parent.''.
            (2) Effective date.--The amendments made by paragraph (1) 
        shall take effect as if included in the enactment of subtitle G 
        of title IV of the Violent Crime Control and Law Enforcement 
        Act of 1994 (Public Law 103-322; 108 Stat. 1953 et seq.).

 SEC. 9. GOOD MORAL CHARACTER DETERMINATIONS.

    (a) Determinations of Good Moral Character for Self-Petitioning 
Immediate Relatives.--Section 204(a)(1)(A) of the Immigration and 
Nationality Act (8 U.S.C. 1154(a)(1)(A)), as amended by sections 7(c) 
and 4(a)(1), is further amended by adding after clause (viii) at the 
end the following new clause:
    ``(ix) For the purposes of making good moral character 
determinations under this subparagraph, the Attorney General is not 
limited by the criminal court record and may make a finding of good 
moral character notwithstanding the existence of a disqualifying act or 
criminal conviction in the case of an alien who otherwise qualifies for 
relief under clause (iii), (iv), (v), or (vi), but who committed, was 
arrested for, has been convicted of, or who pled guilty to--
            ``(I) violating a court order issued to protect the alien;
            ``(II) prostitution if the alien was forced into 
        prostitution by an abuser;
            ``(III) a domestic violence-related crime, if the Attorney 
        General determines that the alien acted in self-defense; or
            ``(IV) a crime where there was a connection between the 
        commission of the crime and having been battered or subjected 
        to extreme cruelty.''.
    (b) Determinations of Good Moral Character for Self-Petitioners 
Seeking Second Preference Immigration Status.--Section 204(a)(1)(B) of 
the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(B)), as 
amended by sections 7(d) and 4(a)(2), is further amended by adding 
after clause (vi) the following new clause:
    ``(vii) For the purposes of making good moral character 
determinations under this subparagraph, the Attorney General is not 
limited by the criminal court record and may make a finding of good 
moral character notwithstanding the existence of a disqualifying act or 
criminal conviction in the case of an alien who otherwise qualifies for 
relief under clause (ii), (iii), or (iv), but who committed, was 
arrested for, has been convicted of, or who pled guilty to--
            ``(I) violating a court order issued to protect the alien;
            ``(II) prostitution if the alien was forced into 
        prostitution by an abuser;
            ``(III) a domestic violence-related crime, if the Attorney 
        General determines that the alien acted in self-defense; or
            ``(IV) a crime where there was a connection between the 
        commission of the crime and having been battered or subjected 
        to extreme cruelty.''.
    (c) Determinations of Good Moral Character in VAWA Cancellation of 
Removal Proceedings.--Section 240A(b)(2) of the Immigration and 
Nationality Act (8 U.S.C. 1229b(b)(2)), as amended by section 8(a), is 
further amended by adding at the end the following new subparagraph:
                    ``(D) Good moral character determinations.--For the 
                purposes of making good moral character determinations 
                under this subsection, the Attorney General is not 
                limited by the criminal court record and may make a 
                finding of good moral character notwithstanding the 
                existence of a disqualifying act or criminal conviction 
                in the case of an alien who has been battered or 
                subjected to extreme cruelty but who committed, was 
                arrested for, has been convicted of, or who pled guilty 
                to--
                            ``(i) violating a court order is sued to 
                        protect the alien;
                            ``(ii) prostitution if the alien was forced 
                        into prostitution by an abuser;
                            ``(iii) a domestic violence-related crime 
                        if the Attorney General determines that the 
                        alien acted in self-defense; or
                            ``(iv) committing a crime where there was a 
                        connection between the commission of the crime 
                        and having been battered or subjected to 
                        extreme cruelty.''.
    (d) Determinations Under Suspension of Deportation.--For the 
purposes of making good moral character determinations under section 
244(a)(3) of the Immigration and Nationality Act (as in effect before 
the enactment of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996) (8 U.S.C. 1254(a)(3)), the Attorney General 
is not limited by the criminal court record and may make a finding of 
good moral character notwithstanding the existence of a disqualifying 
act or criminal conviction in the case of an alien who has been 
battered or subjected to extreme cruelty but who committed, was 
arrested for, has been convicted of, or who pled guilty to--
            (1) violating a court order issued to protect the alien;
            (2) prostitution if the alien was forced into prostitution 
        by an abuser;
            (3) a domestic violence-related crime if the Attorney 
        General determines that the alien acted in self-defense; or
            (4) committing a crime where there was a connection between 
        the commission of the crime and having been battered or 
        subjected to extreme cruelty.

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

    (a) Nonapplicability of Special Rules Relating to the Treatment of 
Non-213A Aliens.--Section 408(f)(6) of the Social Security Act (42 
U.S.C. 608(f)(6)) is amended--
            (1) in subparagraph (B), by striking ``or'' at the end;
            (2) in subparagraph (C), by striking the period and 
        inserting ``; or''; and
            (3) by adding at the end the following:
                    ``(D) described in section 421(f) of the Personal 
                Responsibility and Work Opportunity Reconciliation Act 
                of 1996 (8 U.S.C. 1631(f)) but for the fact that the 
                individual is a non-213A alien.''.
    (b) Public Charge.--Section 212(a)(4) of the Immigration and 
Nationality Act (8 U.S.C. 1182(a)(4)) is amended by adding at the end 
the following new subparagraph:
                    ``(E) Exception.--The following aliens are not 
                subject to public charge determinations under this 
                paragraph:
                            ``(i) An alien who qualifies for 
                        classification as a spouse, parent, child, son, 
                        or daughter of a United States citizen or 
                        lawful permanent resident under clause (iii), 
                        (iv), (v), or (vi) of section 204(a)(1)(A) or 
                        clause (ii), (iii), or (iv) of section 
                        204(a)(1)(B).
                            ``(ii) An alien who qualifies for 
                        classification under clause (i) or (ii) of 
                        section 204(a)(1)(A) or section 204(a)(1)(B)(i) 
                        and who presents credible evidence of having 
                        been battered or subjected to extreme cruelty 
                        by their United States citizen or lawful 
                        permanent resident spouse, parent, son, or 
                        daughter. In the case of alien sons or 
                        daughters, one or more incidents of battering 
                        or extreme cruelty must have occurred before 
                        the alien turned 21 years of age. This clause 
                        shall apply whether or not an affidavit of 
                        support has been filed on the alien's behalf.
                            ``(iii) An alien who qualifies for status 
                        as a spouse, parent, child, son, or daughter of 
                        a United States citizen or lawful permanent 
                        resident, or as a parent of a child of a United 
                        States citizen or lawful permanent resident, 
                        pursuant to section 240A(b)(2) or section 
                        244(a)(3) (as in effect before the date of 
                        enactment of the Illegal Immigration Reform and 
                        Immigrant Responsibility Act of 1996).
                            ``(iv) Any child (as defined in paragraph 
                        (1) or (6) of section 101(b)) included in the 
                        application of an alien described in clause 
                        (i), (ii), or (iii).''.
    (c) Waiver of Filing Fees.--
            (1) Petitions for classification.--Section 204(a)(1) of the 
        Immigration and Nationality Act (8 U.S.C. 1154(a)(1)), as 
        amended by section 7(c), is further amended by adding at the 
        end the following new subparagraph:
    ``(I) No fee shall be charged for the filing or processing of any 
application under clause (iii), (iv), (v), or (vi) of subparagraph (A) 
or clause (ii), (iii), or (iv) of subparagraph (B), or the first 
application for work authorization filed by an applicant under such a 
clause.''.
            (2) Cancellations of removal.--Section 240A(b)(2) of the 
        Immigration and Nationality Act (8 U.S.C. 1229b), as amended by 
        section 9(c), is amended by adding at the end the following new 
        subparagraph:
                    ``(E) Prohibition of charging fees.--No fee shall 
                be charged for the filing or processing of any 
                application under this paragraph or the first 
                application for work authorization filed by applicants 
                under this paragraph.''.
            (3) Suspension of deportation.--No fee shall be charged for 
        the filing or processing of any application under section 
        244(a)(3) of the Immigration and Nationality Act (as in effect 
        before the date of enactment of the Illegal Immigration Reform 
        and Immigrant Responsibility Act of 1996) (8 U.S.C. 
        1254(a)(3)), or the first application for work authorization 
        filed by applicants under such section.
    (d) Access to Food Stamps and SSI for Qualified Battered Aliens.--
Section 402(a)(2) of the Personal Responsibility and Work Opportunity 
Reconciliation Act of 1996 (8 U.S.C. 1612(a)(2)) is amended by adding 
at the end the following:
                    ``(L) Exception for certain battered aliens.--With 
                respect to eligibility for benefits for the specified 
                Federal program (as defined in paragraph (3)), 
                paragraph (1) shall not apply to any individual 
                described in section 431(c).''.
    (e) Exemption From 5-Year Ban.--Section 403(b) of the Personal 
Responsibility and Work Opportunity Act of 1996 (8 U.S.C. 1613(b)) is 
amended by adding at the end the following:
            ``(3) Battered immigrants.--An alien described in section 
        431(c).''.
    (f) Access to Housing for Battered Women and Qualified 
Immigrants.--(1) Section 214 of the Housing and Community Development 
Act of 1980 (42 U.S.C. 1436a) is amended--
            (A) in subsection (a), in the matter before paragraph (1), 
        by striking ``a resident of the United States and is'';
            (B) in paragraphs (1) through (6) of subsection (a), by 
        inserting ``a resident of the United States and is'' before 
        ``an alien'' each place it appears;
            (C) in subsection (a)(5), by striking ``or'' at the end;
            (D) in subsection (a)(6), by striking the period and 
        inserting ``; or'';
            (E) by adding at the end of subsection (a) the following 
        new paragraph:
            ``(7) a qualified alien as described in section 431 of the 
        Personal Responsibility and Work Opportunity Reconciliation Act 
        of 1996 (8 U.S.C. 1641).'';
            (F) in subsection (b)(2), by adding at the end the 
        following: ``Proration shall not apply in the case of a 
        qualified alien as described in section 431 of the Personal 
Responsibility and Work Opportunity Reconciliation Act of 1996 (8 
U.S.C. 1641).'';
            (G) in subsection (c)(1)(A), by adding at the end the 
        following: ``Proration shall not apply in the case of a 
        qualified alien as described in section 431 of the Personal 
        Responsibility and Work Opportunity Reconciliation Act of 1996 
        (8 U.S.C. 1641).'';
            (H) in subsection (c)(1)(A), by striking ``paragraphs (1) 
        through (6)'' and inserting ``paragraphs (1) through (7)'';
            (I) in subsection (c)(2)(A), by inserting ``(other than a 
        qualified alien as described in section 431(c) of the Personal 
        Responsibility and Work Opportunity Reconciliation Act of 1996 
        (8 U.S.C. 1641(c)))'' after ``any alien''; and
            (J) in subsection (d)(1)(B), by inserting before the period 
        ``, including a qualified alien as described in section 431 of 
        the Personal Responsibility and Work Opportunity Reconciliation 
        Act of 1996 (8 U.S.C. 1641)''.
    (2) Section 401 of the Personal Responsibility and Work Opportunity 
Reconciliation Act of 1996 (8 U.S.C. 1611) is amended by adding at the 
end the following new subsection:
    ``(d) Access to Shelter and Services for Battered Immigrants.--
Notwithstanding any other provision of law, no private, government, or 
nonprofit organization providing shelter or services to battered women, 
abused children, or providing any other services listed in subsection 
(b) that receives any Federal funds shall deny, restrict, or condition 
assistance to any applicant based on alienage.''.
    (g) Clarifying Welfare Reporting Requirements for Benefit 
Applicants.--The Social Security Act (42 U.S.C. 301 et seq.) is 
amended--
            (1) in section 411(a)(1) (42 U.S.C. 611(a)(1)), by adding 
        at the end the following new subparagraph:
                    ``(C) Information on immigration status.--
                Collection of information about, and inquiries into, 
                the immigration status of an individual who is a parent 
                applying on behalf of his or her child who is a United 
                States citizen or a qualified alien (as defined in 
                section 431 of the Personal Responsibility and Work 
                Opportunity Reconciliation Act of 1996) for assistance 
                under the State program funded under this part, shall 
                not be made if the individual is not applying for 
                benefits for themselves, whether or not the individual 
                is determined, under Federal or State law, to be part 
                of a family unit receiving assistance under that 
                program.''; and
            (2) in section 1631(e)(9) (42 U.S.C. 1383(e)(9)), by adding 
        at the end the following: ``Collection of information about, 
        and inquiries into, the immigration status of an individual who 
        is a parent applying on behalf of his or her child who is a 
        United States citizen or a qualified alien (as defined in 
        section 431 of the Personal Responsibility and Work Opportunity 
        Reconciliation Act of 1996) for benefits under this title (or 
        for benefits supplemented by a State with an agreement under 
        section 1616), shall not be made if the individual is not 
        applying for benefits for themselves, whether or not the 
        individual is determined, under Federal or State law, to be 
        part of a family unit receiving such benefits.''.
    (h) Conforming Definition of ``Family'' Used in Laws Granting 
Welfare Access for Battered Immigrants to State Family Law.--Section 
431(c) of the Personal Responsibility and Work Opportunity 
Reconciliation Act of 1996 (8 U.S.C. 1641(c)) is amended--
            (1) in paragraph (1)(A), by striking ``by a spouse or a 
        parent, or by a member of the spouse or parent's family 
        residing in the same household as the alien and the spouse or 
        parent consented to, or acquiesced in, such battery or 
        cruelty,'' and inserting ``by a spouse or parent, or by any 
        individual having a relationship with the alien covered by the 
        civil or criminal domestic violence statutes of the State or 
        Indian country where the alien resides, or the State or Indian 
        country in which the alien, the alien's child, or the alien 
        child's parents received a protection order, or by any 
        individual against whom the alien could obtain a protection 
        order,''; and
            (2) in paragraph (2)(A), by striking ``by a spouse or 
        parent of the alien (without the active participation of the 
        alien in the battery or cruelty), or by a member of the spouse 
        or parent's family residing in the same household as the alien 
        and the spouse or parent consented or acquiesced to such 
        battery or cruelty,'' and inserting ``by a spouse or parent of 
        the alien (without the active participation of the alien in the 
        battery or cruelty) or by any person having a relationship with 
        the alien covered by the civil or criminal domestic violence 
        statutes of the State or Indian country where the alien 
        resides, or the State or Indian country in which the alien, the 
        alien's child or the alien child's parent received a protection 
        order, or by any individual against whom the alien could obtain 
        a protection order,''.
    (i) Expansion of Definition of Battered Immigrants.--
            (1) In general.--Section 431(c) of the Personal 
        Responsibility and Work Opportunity Reconciliation Act of 1996 
        (8 U.S.C. 1641(c)) is amended--
                    (A) in paragraphs (1)(A), (2)(A), and (3)(A) by 
                inserting ``or the benefits to be provided would 
                alleviate the harm from such battery or cruelty or 
                would enable the alien to avoid such battery or cruelty 
                in the future'' before the semicolon; and
                    (B) in the matter following paragraph (3), by 
                inserting ``and for determining whether the benefits to 
                be provided under a specific Federal, State, or local 
                program would alleviate the harm from such battery or 
                extreme cruelty or would enable the alien to avoid such 
                battery or extreme cruelty in the future'' before the 
                period.
            (2) Conforming amendment regarding sponsor deeming.--
        Section 421(f) of such Act (8 U.S.C. 1631(f)(1)) is amended--
                    (A) in subparagraph (A), by inserting ``or would 
                alleviate the harm from such battery or extreme 
                cruelty, or would enable the alien to avoid such 
                battery or extreme cruelty in the future'' before the 
                semicolon; and
                    (B) in subparagraph (B), by inserting ``or would 
                alleviate the harm from such battery or extreme 
                cruelty, or would enable the alien to avoid such 
                battery or extreme cruelty in the future'' before the 
                period.
    (j) Ensuring That Battered Immigrants Have Access to Food Stamps 
and SSI.--
            (1) Qualifying quarters.--Section 435(2) of the Personal 
        Responsibility and Work Opportunity Reconciliation Act of 1996 
        (8 U.S.C. 1645(2)) is amended by striking ``and the alien 
        remains married to such spouse or such spouse is deceased'' and 
        inserting ``if such spouse is deceased or if the alien remains 
        married to such spouse (except that qualified aliens covered by 
        section 431(c) may continue after divorce to count the 
        qualifying quarters worked by their spouse during the 
        marriage)''.
            (2) Food stamps access for battered immigrant qualified 
        aliens and their children.--Section 7 of the Food Stamp Act of 
        1977 (7 U.S.C. 2016) is amended by adding at the end the 
        following:
    ``(k) Battered Immigrant Qualified Alien Eligibility for Food 
Stamps.--Qualified alien battered immigrants under section 431(c) of 
the Personal Responsibility and Work Opportunity Reconciliation Act of 
1996 and their children are eligible to receive food stamps.''.
    (k) Technical Corrections to Qualified Alien Definition for 
Battered Immigrants.--Section 431(c)(1)(B) of the Personal 
Responsibility and Work Opportunity Reconciliation Act of 1996 (8 
U.S.C. 1641(c)(1)(B)) is amended--
            (1) in clause (i), by striking ``clause (ii), (iii), or 
        (iv)'' and inserting ``clause (ii), (iii), (iv), (v), or 
        (vi)'';
            (2) in clause (ii), by striking ``clause (ii) or (iii)'' 
        and inserting ``clause (i), (ii), (iii), or (iv)''; and
            (3) by amending clause (iii) to read as follows:
                            ``(iii) suspension of deportation under 
                        section 244(a)(3) of the Immigration and 
                        Nationality Act (as in effect before the date 
                        of the enactment of the Illegal Immigration 
                        Reform and Immigrant Responsibility Act of 
                        1996).''.

SEC. 11. ACCESS TO LEGAL REPRESENTATION AND SERVICES FOR BATTERED 
              IMMIGRANTS.

    (a) Construction.--Section 502 of the Departments of Commerce, 
Justice, and State, the Judiciary and Related Agencies Appropriations 
Act, 1998 (Public Law 105-119; 111 Stat. 2511) is amended by adding at 
the end the following:
    ``(c) Construction.--This section shall not be construed to 
prohibit a recipient from--
            ``(1) using funds derived from a source other than the 
        Legal Services Corporation to provide related legal assistance 
        (as that term is defined in subsection (b)(2)) to any alien who 
        has been battered or subjected to extreme cruelty by a person 
        with whom the alien has a relationship covered by the domestic 
        violence laws of the State in which the alien resides or in 
        which an incidence of violence occurred;
            ``(2) using Legal Services Corporation funds to provide 
        related legal assistance to any alien who has been battered or 
        subjected to extreme cruelty who qualifies for classification 
        under clause (iii), (iv), (v), or (vi) of section 204(a)(1)(A) 
        of the Immigration and Nationality Act (8 U.S.C. 
        1154(a)(1)(A)), clause (ii), (iii), or (iv) of section 
        204(a)(1)(B) of such Act (8 U.S.C. 1154(a)(1)(B)), or 
        subsection (b)(2) of section 240A of such Act (8 U.S.C. 1229b) 
        or section 244(a)(3) of the Immigration and Nationality Act (as 
        in effect before the title III-A effective date in section 309 
        of the Illegal Immigration Reform and Immigrant Responsibility 
        Act of 1996 (8 U.S.C. 1101 note).''.
    (b) Law Enforcement and Prosecution Grants.--
            (1) Section 2001(b)(5) of the Omnibus Crime Control and 
        Safe Streets Act of 1968 (42 U.S.C. 3796bb(b)(5)) is amended--
                    (A) by striking ``to racial, cultural, ethnic, and 
                language minorities'' and inserting ``to underserved 
                populations''; and
                    (B) by inserting ``providing immigration assistance 
                to victims of domestic violence,'' after ``protection 
                orders are granted,''.
            (2) Section 2002 of such Act (42 U.S.C. 3796gg) is 
        amended--
                    (A) in subsection (h)(1), by inserting before the 
                period the following: ``, the demographics of 
                underserved populations in the State and details about 
                the percentage of funding that went to serve which 
                underserved populations, the programs that received 
                such funding, and the involvement of programs serving 
                underserved populations in the development of the State 
                plan under subsection (c)(2)'';
                    (B) in subsection (d)(1)(D), by striking ``age, 
                marital status, disability, race, ethnicity and 
                language background'' and inserting ``marital status 
                and characteristics of any underserved populations'';
                    (C) in subsection (d)--
                            (i) by striking ``and'' at the end of 
                        paragraph (2),
                            (ii) by striking the period at the end of 
                        paragraph (3) and inserting ``; and'', and
                            (iii) by adding at the end the following:
            ``(4) in the case of a State, Indian tribal government, or 
        unit of local governments applying as subgrantee for a grant 
        under this section, a certification that its laws or official 
        policies comply with each of the provisions of section 2101(c).
The requirements of paragraph (4) do not apply to a nonprofit, 
nongovernmental entity that is applying for grants under this 
section.''; and
                    (D) by adding at the end the following new 
                subsection:
    ``(i) Report on Services for Underserved Populations.--The Violence 
Against Women Grants Office in the Department of Justice shall submit 
to Congress, not later than 1 year after the date of the enactment of 
this subsection, a report that contains the following information:
            ``(1) The quantity and percentage of funding awarded to 
        serve underserved populations by each State under each of the 
        following:
                    ``(A) Grants to combat violent crimes against women 
                under section 2001.
                    ``(B) Grants to encourage arrest under section 
                2101.
                    ``(C) Rural domestic violence and child abuse 
                enforcement assistance grants under section 40295(a)(2) 
                of the Violent Crime Control and Law Enforcement Act of 
                1994 (Public Law 103-322, 42 U.S.C. 13971(a)(2)).
                    ``(D) Civil legal assistance grants under title I 
                of the Department of Justice Appropriations Act, 1999.
                    ``(E) Campus domestic violence grants under section 
                826 of the Higher Education Amendment Act of 1998 
                (Public Law 105-244; 20 U.S.C. 1152).
            ``(2) The percentage of each underserved population in the 
        demographic make up of each State compared to the amount of 
        funding aimed at addressing the needs of that underserved 
        population.
            ``(3) The extent to which grants to provide services to 
        underserved populations are awarded to programs with experience 
        and history working with underserved populations of battered 
        women or sexual assault victims, to programs that have 
        bilingual or bicultural staff, and to collaborations between 
        domestic violence or sexual assault programs and programs 
        experienced in serving particular underserved populations and 
        to other grantees.
            ``(4) The extent to which nonprofit, nongovernmental victim 
        service organizations with experience serving various 
        underserved populations of battered women and sexual assault or 
        stalking victims were consulted in the development of the State 
        plan under section 2001(c)(2), the application under section 
        section 2102(a)(4), or the community cooperation referred to in 
        section 40295(a)(3) of the Violent Crime Control and Law 
        Enforcement Act of 1994 (Public Law 103-322, 42 U.S.C. 
        13971(a)(3)).''.
            (3) Section 2003(7) of such Act (42 U.S.C. 3796gg-2(7)) is 
        amended to read as follows:
            ``(7) the term `underserved populations' includes 
        populations underserved because of race, ethnicity, age, 
        disability, sexual orientation, religion, alienage status, 
        geographic location (including rural isolation), language 
        barriers, and any other populations determined to be 
        underserved in the State planning process; and''.
            (4) Section 2004(b)(3) of such Act (42 U.S.C. 3796gg-
        3(b)(3)) is amended by striking all that follows ``relationship 
        of victim to the offender'' and inserting ``and the membership 
        of persons served in any underserved populations; and''.
    (c) Grants To Encourage Arrests.--
            (1) Section 2101 of the Omnibus Crime Control and Safe 
        Streets Act of 1968 (42 U.S.C. 3796hh) is amended--
                    (A) in subsection (b)(5), by inserting before the 
                period the following: ``, including strengthening legal 
                advocacy for domestic violence victims in immigration 
                cases'';
                    (B) in subsection (c)--
                            (i) by striking ``and'' at the end of 
                        paragraph (3);
                            (ii) by striking the period at the end of 
                        paragraph (4) and inserting a semicolon; and
                            (iii) by adding at the end the following 
                        new paragraphs:
            ``(5) certify that their laws, policies, and practices 
        require issuance of protection orders that are jurisdictionally 
        sound and that all protection orders are issued after a 
        finding, after an admission by the abuser, or based on the 
        facts in the victim's petition that are uncontested by the 
        abuser; and
            ``(6) certify that their laws, policies, and practices--
                    ``(A) keep locational information and services 
                provided to victims of domestic violence confidential 
                and comply with all State and Federal laws and rules of 
                professional practice regarding confidentiality;
                    ``(B) guarantee that information is not released to 
                any person without the express permission of the abuse 
                victim, except when such information is required for a 
                legitimate law enforcement purpose unrelated to the 
                victim's abuser; and
                    ``(C) assure that locational information about a 
                victim or the services obtained by a victim are not 
                considered a matter of public record.''; and
                    (C) by adding at the end the following new 
                subsection:
    ``(d) Additional Provisions.--(1) The requirements of subsection 
(c) do not apply to nonprofit, nongovernmental entities applying for 
grants under this section.
    ``(2) All grantees and subgrantees of grants in effect on the date 
of the enactment of this subsection or submitting new applications for 
funding after such date that are States, Indian tribal governments, or 
units of local government shall submit a certification by the chief 
executive officer of the State, tribal government, or local government 
entity that the conditions of subsections (c)(5) and (c)(6) are met (or 
will be met) not later than the date on which the next session of the 
State or Indian tribal legislature ends, but in no case later than 2 
years after such date of enactment.
    ``(3) Failure by a grantee to comply with the certifications 
contained in paragraphs (1) thorough (6) of subsection (c) may result 
in suspension or revocation of funding. Once a grantee or subgrantee 
has been notified that its funding will be revoked, they shall be 
granted 6 months to bring their laws, policies, or practices into 
compliance before the revocation takes effect. Any funds that are not 
distributed to grantees or are removed from grantees under this 
paragraph shall be distributed to other eligible entities within the 
State. For grants under section 2002, the funds are to be redistributed 
first to entities within the same formula category and then, if there 
are no eligible entities within the same formula category, to other 
eligible entities without regard to the formula.''.
            (2) Section 2103 of such Act (42 U.S.C. 3796hh-2) is 
        amended by adding at the end the following: ``Each report shall 
        include information about the demographics of underserved 
        populations in the State and details about the percentage of 
        funding that went to serve which underserved populations, the 
        programs that received such funding, and the involvement of 
        programs serving underserved populations in the community 
        participation described in section 2102(a)(4).''.
    (d) Rural Domestic Violence and Child Abuse Enforcement Grants.--
Section 40295 of the Violent Crime Control and Law Enforcement Act of 
1994 (Public Law 103-322, 108 Stat. 1953, 42 U.S.C. 13971(aa)(2)) is 
amended--
            (1) by amending subsection (a)(2) to read as follows:
            ``(2) to provide treatment, counseling, and legal 
        assistance to victims of domestic violence and child abuse, 
        including assistance to victims in immigration matters; and''; 
        and
            (2) by adding at the end the following new subsections:
    ``(d) Application Requirements.--States, Indian tribal governments, 
and units of local government applying for grants under this section 
must certify that their laws, policies, and practices comply with each 
of the provisions of section 2101(c) of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3796hh(c)).
    ``(e) Grantee Reporting.--Upon completion of the grant period under 
this part, a State or Indian tribal grantee shall file a performance 
report with the Attorney General. The report shall explain the 
activities carried out and shall evaluate the effectiveness of projects 
developed with the funds provided under the grant. The report shall 
include information about the demographics of underserved populations 
in the State and details about the percentage of funding that went to 
serve which underserved populations, the programs that received such 
funding, and the involvement of programs serving underserved 
populations in the community cooperation in subsection (a)(3).'',
    (e) Family Violence Prevention and Services Act.--
            (1) Section 303(a)(2)(C) of the Family Violence Prevention 
        and Services Act (42 U.S.C. 10402(c)(2)(C)) is amended by 
        striking ``populations underserved because of ethnic, racial, 
        cultural, language diversity or geographic isolation'' and 
        inserting ``populations underserved because of race, ethnicity, 
        age, disability, sexual orientation, religion, alienage status, 
        geographic location (including rural isolation), language 
        barriers, and any other populations determined to be 
        underserved''.
            (2) Section 311(a)(4) of such Act (42 U.S.C. 10410(a)(4)) 
        is amended by striking ``underserved racial, ethnic or 
        language-minority populations'' and inserting ``underserved 
        populations as the term is used in section 303(a)(2)(C)''.
            (3) Section 303(a)(4) of such Act (42 U.S.C. 10402(a)(4)) 
        is amended by inserting after the first sentence the following: 
        ``This performance report shall include information about the 
        demographics of underserved populations in the State and 
        details about the percentage of funding that went to serve 
        which underserved populations, the programs that received such 
        funding, and the involvement of programs serving underserved 
        populations in the procedures described in subsection 
        (a)(2)(C).''.
            (4) Section 303 of such Act (42 U.S.C. 10402) is further 
        amended by adding at the end the following new subsection:
    ``(g) The Secretary shall submit to Congress, not later than 1 year 
after the date of the enactment of this subsection, a report that 
contains the following information:
            ``(1) The quantity and percentage of funding awarded to 
        serve underserved populations by each State under programs 
        funded under this Act.
            ``(2) The percentage of each underserved population in the 
        demographic make up of each State compared to the amount of 
        funding aimed at addressing the needs of that underserved 
        population.
            ``(3) The extent to which grants to provide services to 
        underserved populations are awarded to programs with experience 
        and history working with underserved populations of battered 
        women or sexual assault victims, to programs that have 
        bilingual or bicultural staff, and to collaborations between 
        domestic violence or sexual assault programs and programs 
        experienced in serving particular underserved populations and 
        to other grantees.
            ``(4) The extent to which nonprofit, nongovernmental victim 
        service organizations with experience serving various 
        underserved populations of battered women and sexual assault or 
        stalking victims were involved in the procedures described in 
        subsection (a)(2)(C).''.
    (f) Civil Legal Assistance.--Title I of the Department of Justice 
Appropriations Act, 1999 (contained within the Omnibus Consolidated and 
Emergency Supplemental Appropriations Act of 1999 (Public Law 105-277)) 
is amended, under the heading of ``Office of Justice Programs, State 
and Local Law Enforcement Assistance'', by striking the period at the 
end and inserting the following: ``, of which $206,750,000 shall be 
available for Grants To Combat Violence Against Women, to States, units 
of local government, and Indian tribal governments, as authorized by 
section 1001(a)(18) of said Act, including $23,000,000 which shall be 
used exclusively for the purpose of strengthening civil legal 
assistance programs for victims of domestic violence. Civil legal 
assistance under this heading includes (but is not limited to) legal 
assistance to victims of domestic violence, stalking or sexual assault 
in divorce, custody, child support, protection orders, immigration, 
public benefits, housing, consumer law and any other legal matter that 
will further the health, safety, and economic well-being of victims of 
domestic violence, stalking, or sexual assault.''.
    (g) Campus Domestic Violence Grants.--Section 826 of the Higher 
Education Amendments of 1998 (Public Law 105-244; 20 U.S.C. 1152) is 
amended--
            (1) in subsection (b)(5), by inserting before the period at 
        the end the following: ``, including legal assistance to 
        victims in civil, criminal, administrative, immigration, or 
        disciplinary matters''; and
            (2) in subsection (c)(2)(C), by striking ``and number of 
        students'' and inserting ``number of students, and services 
        being offered to various underserved populations (as such term 
        is defined in section 2003(7) of the Omnibus Crime Control and 
        Safe Streets Act of 1968);''.
    (h) State Justice Institute Grants.--Section 206(c) of the State 
Justice Institute Act of 1984 (42 U.S.C. 10705(c)) is amended--
            (1) by redesignating paragraph (15) as paragraph (16); and
            (2) by inserting after paragraph (14) the following new 
        paragraph:
            ``(15) to support studies and investigate and carry out 
        research on issues of battering and extreme cruelty against 
        non-citizens, including the ramifications of the immigration 
        provisions of the Violence Against Women Act of 1994 and 
        subsequent immigration law reforms on the ability of victims to 
        access civil, family, and criminal courts and the immigration 
        consequences of civil, family, and criminal court actions; 
        and''.

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

    (a) Violence Against Women.--
            (1) Military training concerning domestic violence.--The 
        Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
        3711 et seq.) is amended by inserting after section 2006 (42 
        U.S.C. 3796gg-5) the following new section:

``SEC. 2007. MILITARY TRAINING CONCERNING DOMESTIC VIOLENCE.

    ``Each branch of the United States military is required to train 
its supervisory military officers on domestic violence, the dynamics of 
domestic violence in military families, the types of protection 
available for battered immigrant women and children abused by their 
United States citizen or lawful permanent resident spouse or parent 
under the Violence Against Women Act of 1994, and the problems of 
domestic violence in families in which a United States citizen or 
lawful permanent resident member of the military is married to a non-
United States citizen.''.
            (2) INS training.--Section 2001 of the Omnibus Crime 
        Control and Safe Streets Act of 1968 (42 U.S.C. 3795gg) is 
        amended--
                    (A) in subsection (a), by inserting ``the 
                Immigration and Naturalization Service and the 
                Executive Office of Immigration Review,'' after 
                ``Indian tribal governments,'';
                    (B) in subsection (b)(1), by inserting ``, 
                immigration and asylum officers, immigration judges,'' 
                after ``law enforcement officers''; and
                    (C) in subsection (b)--
                            (i) by striking ``and'' at the end of 
                        paragraph (6),
                            (ii) by striking the period at the end of 
                        paragraph (7) and inserting ``; and'', and
                            (iii) by adding at the end the following 
                        new paragraph:
            ``(8) training justice system personnel on the immigration 
        provisions of the Violence Against Women Act of 1994 and their 
        ramifications for victims of domestic violence appearing in 
        civil and criminal court proceedings and potential immigration 
        consequences for the perpetrators of domestic violence.''.
    (b) Effect on Other Goals.--Section 287(g) of the Immigration and 
Nationality Act (8 U.S.C. 1357(g)) is amended by adding at the end the 
following:
    ``(11) Congress finds that public policy favors encouraging the 
prosecution of criminals; and therefore, nothing in this section may be 
construed to discourage crime victims, including domestic violence 
victims, from cooperating with law enforcement officials and 
prosecutors, including reporting of crimes committed against them to 
police, from cooperating in criminal prosecutions, or from seeking from 
courts protection orders or other legal relief available under State or 
Federal laws needed to protect crime victims from ongoing violence.''.
    (c) Report.--Not later than 6 months after the date of the 
enactment of this Act, the Attorney General shall submit a report to 
the Committees on the Judiciary of the Senate and House of 
Representatives on--
            (1) the number of and processing times for petitions under 
        clauses (iii) and (iv) of section 204(a)(1)(A) of the 
        Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)) and 
        under clauses (ii) and (iii) of section 204(a)(1)(B) of such 
        Act (8 U.S.C. 1154(a)(1)(B)) at district offices of the 
        Immigration and Naturalization Service and at the regional 
        office of the Service in St. Albans, Vermont;
            (2) the policy and procedures of the Immigration and 
        Naturalization Service by which an alien who has been battered 
        or subjected to extreme cruelty who is eligible for suspension 
        of deportation or cancellation of removal can place such alien 
        in deportation or removal proceedings so that such alien may 
        apply for suspension of deportation or cancellation of removal, 
        the number of requests filed at each district office under this 
        policy, and the number of these requests granted, reported 
        separately for each district; and
            (3) the average length of time at each Immigration and 
        Naturalization office between the date that an alien who has 
        been subject to battering or extreme cruelty eligible for 
        suspension of deportation or cancellation of removal requests 
        to be placed in deportation or removal proceedings and the date 
        that immigrant appears before an immigration judge to file an 
        application for suspension of deportation or cancellation of 
        removal.

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

    (a) Findings and Purpose.--
            (1) Findings.--
                    (A) Trafficking of humans, particularly women and 
                children, is denounced by the international community 
                as an egregious human rights violation perpetuated 
                increasing by organized and sophisticated criminal 
                enterprises.
                    (B) Trafficking to place persons in forced labor, 
                servitude, or in slavery-like conditions has been 
                identified as a multinational crime problem of growing 
                severity with increasing ties to internal organized 
                crime. Traffickers recruit and transport persons, 
                especially women and children, to the United States in 
                order to exploit them under horrific conditions through 
                the use of force, violence, debt bondage, or other 
                coercive tactics.
                    (C) Similarly, immigrant women and children are 
                often targeted to be victims of crimes committed 
                against them in the United States, including rape, 
                torture, incest, battery or extreme cruelty, sexual 
                assault, female genital mutilation, forced 
                prostitution, being held hostage or other violent 
                crimes. All women and children who are victims of 
                trafficking, domestic violence, sexual assault, being 
                held hostage, and other human rights violations 
                committed against them in the United States must be 
                able to report these crimes to law enforcement and 
                fully participate in the criminal prosecution of their 
                abusers.
            (2) Purpose.--
                    (A) The purpose of this section is to create a new 
                nonimmigrant visa classification that will strengthen 
                the ability of law enforcement agencies to detect, 
                investigate, and prosecute cases of trafficking of 
                aliens, while offering protection to victims of such 
                offenses in keeping with the humanitarian interests of 
                the United States.
                    (B) Creating a new nonimmigrant visa classification 
                will facilitate the reporting of violations to law 
                enforcement officials by exploited aliens who are not 
                in a lawful immigration status. It also gives law 
                enforcement officials a means to regularize the status 
                of cooperating individuals during investigations, 
                prosecutions, and civil law enforcement proceedings. By 
                providing temporary legal status to aliens who have 
                been severely victimized by trafficking or similar 
                egregious offenses, it also reflects the humanitarian 
                interests of the United States.
                    (C) Finally, this section gives the Attorney 
                General discretion to convert such nonimmigrants to 
                permanent resident status when it is justified on 
                humanitarian grounds, to assure family unity, or when 
                it is otherwise in the public interest.
    (b) Establishment of Humanitarian/Material Witness Nonimmigrant 
Classification.--Section 101(a)(15) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)(15)) is amended--
            (1) by striking ``or'' at the end of subparagraph (R);
            (2) by striking the period at the end of subparagraph (S) 
        and inserting ``; or''; and
            (3) by adding at the end the following new subparagraph:
            ``(T) subject to section 214(m), an alien (and the spouse, 
        children, and parents of the alien if accompanying or following 
        to join the alien) who files an application for status under 
        this subparagraph, if the Attorney General determines that--
                    ``(i) the alien possesses material information 
                concerning criminal or other unlawful activity;
                    ``(ii) the alien is willing to supply or has 
                supplied such information to Federal or State law 
                enforcement officials or a Federal or State 
                administrative agency investigating or bringing an 
                enforcement action;
                    ``(iii) the alien would be helpful, were the alien 
                to remain in the United States, to a Federal or State 
                investigation or prosecution of criminal or other 
                unlawful activity; and
                    ``(iv) the alien (or a child of the alien) has 
                suffered substantial physical or mental abuse as a 
                result of the criminal or other unlawful activity.''.
    (c) Conditions for Admission.--
            (1) Numerical limitations, period of admission, etc.--
        Section 214 of such Act (8 U.S.C. 1184) is amended by adding at 
        the end the following new subsection:
    ``(m)(1) The number of aliens who may be provided a visa as 
nonimmigrants under section 101(a)(15)(T) in any fiscal year may not 
exceed 2,000.
    ``(2) The period of admission of an alien as such a nonimmigrant 
may not exceed 3 years and such period may not be extended.
    ``(3) As a condition for the admission (or the provision of 
status), and continued stay in lawful status, of an alien as such a 
nonimmigrant, the alien--
            ``(A) may not be convicted of any criminal offense 
        punishable by a term of imprisonment of 1 year or more after 
        the date of such admission (or obtaining such status); and
            ``(B) shall abide by any other condition, limitation, or 
        restriction imposed by the Attorney General.
    ``(4) The provisions of section 204(a)(1)(H) shall apply to 
applications to obtain nonimmigrant status under section 101(a)(15)(T). 
Credible evidence to meet the conditions described in clauses (i), 
(ii), or (iii) of section 101(a)(15)(T) may include certification from 
a Federal or State law enforcement officer or prosecutor or a Federal 
or State official responsible for bringing enforcement actions that the 
alien is willing to cooperate or has cooperated in a criminal or civil 
court action or investigation or Federal or State administrative agency 
enforcement action or investigation.''.
            (2) Prohibition of change of nonimmigrant classification.--
        Section 248(1) of such Act (8 U.S.C. 1258(1)) is amended by 
        striking ``or (S)'' and inserting ``(S), or (T)''.
    (d) Adjustment to Permanent Resident Status.--
            (1) In general.--Section 245 of such Act (8 U.S.C. 1255) is 
        amended by adding at the end the following new subsection:
    ``(l)(1) The Attorney General may adjust the status of an alien 
admitted into the United States (or otherwise provided nonimmigrant 
status) under section 101(a)(15)(T) (and a spouse, child, or parents 
admitted under such section) to that of an alien lawfully admitted for 
permanent residence if--
            ``(A) in the opinion of the Attorney General, the alien's 
        continued presence in the United States is justified on 
        humanitarian grounds, to assure family unity, or is otherwise 
        in the public interest; and
            ``(B) the alien is not described in subparagraph (A)(i)(I), 
        (A)(ii), (A)(iii), (C), or (E) of section 212(a)(3).
    ``(2) Upon the approval of adjustment of status under paragraph 
(1), the Attorney General shall record the alien's lawful admission for 
permanent residence as of the date of such approval and the Secretary 
of State shall reduce by one the number of visas authorized to be 
issued under sections 201(d) and 203(b)(4) for the fiscal year then 
current.''.
            (2) Exclusive means of adjustment.--Section 245(c)(5) of 
        such Act (8 U.S.C. 1255(c)(5)) is amended by striking 
        ``sections 101(a)(15)(S),'' and inserting ``subparagraph (S) or 
        (T) of section 101(a)(15)''.

SEC. 14. ACCESS TO CUBAN ADJUSTMENT FOR BATTERED IMMIGRANT SPOUSES AND 
              CHILDREN.

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

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

    Section 309(c)(5)(C)(i) of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996, as amended by section 203(a)(1) 
of the Nicaraguan Adjustment and Central American Relief Act (title II 
of Public Law 105-100, 111 Stat. 2196) is amended--
            (1) by striking ``or '' at the end of subclause (IV);
            (2) by striking the period at the end of subclause (V) and 
        inserting a semicolon; and
            (3) by adding at the end the following:
                                    ``(VI) is, at the time of filing of 
                                an application under subclause (I), 
                                (II), (V), or (VI) of this clause, the 
                                spouse or child (as defined in 
                                paragraph (1) or (6) of section 101(b) 
                                of the Immigration and Nationality Act, 
                                8 U.S.C. 1101(b)) of an individual 
                                described in subclause (I), (II) or (V) 
                                of this clause and the spouse, child, 
                                or child of the spouse has been 
                                battered or subjected to extreme 
                                cruelty by the individual described in 
                                subclause (I), (II), or (V); or
                                    ``(VII) is, at the time of filing 
                                of an application under subclause (I), 
                                (II), (V), or (VII) of this clause, the 
                                unmarried son or daughter of an 
                                individual described in subclause (I), 
                                (II) or (V) of this clause who has been 
                                battered or subjected to extreme 
                                cruelty by the parent described in 
                                subclause (I), (II), or (V) and, in the 
                                case of a son or daughter who is 21 
                                years of age or older at the time the 
                                decision is rendered to suspend the 
                                deportation or cancel the removal of 
                                the son or daughter, the son or 
                                daughter must have entered the United 
                                States on or before October 1, 1990.
                        In acting on a petition filed under subclause 
                        (VI) or (VII), the provisions set forth in 
                        section 204(a)(1)(H) of the Immigration and 
                        Nationality Act (8 U.S.C. 1154(a)(1)(H)) shall 
                        apply.''.

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

    Section 902(d)(1) of the Haitian Refugee Immigration Fairness Act 
of 1998 (title IX of the Treasury and General Government Appropriations 
Act, 1999, contained in Public Law 105-277) is amended--
            (1) by amending subparagraph (B) to read as follows:
                    ``(B)(i)(I) the alien is the spouse, child, or 
                unmarried son or daughter, of an alien whose status is 
                adjusted to that of an alien lawfully admitted for 
                permanent residence under subsection (a), or (II) at 
                the time of filing of the application for adjustment of 
                status under subsection (a) or this subsection the 
                alien is the spouse, child, or unmarried son or 
                daughter of an alien whose status is adjusted to that 
                of an alien lawfully admitted for permanent residence 
                under subsection (a) and the spouse, child, son, 
                daughter or child of the spouse has been battered or 
                subjected to extreme cruelty by the individual 
                described in subsection (a); and
                    ``(ii) in the case of such an unmarried son or 
                daughter, the son or daughter shall be required to 
                establish that he or she has been physically present in 
                the United States for a continuous period beginning not 
                later than December 31, 1995, and ending not earlier 
                than the date the application for such adjustment is 
                filed;''; and
            (2) by adding after and below subparagraph (D) the 
        following:
        ``In acting on an application filed under this section for an 
        individual described in subparagraph (B)(i)(II), the provisions 
        set forth in section 204(a)(1)(H) of the Immigration and 
        Nationality Act (8 U.S.C. 1154(a)(1)(H)) shall apply.''.
                                 <all>