[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4966 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 4966

  To amend the Immigration and Nationality Act to restore fairness to 
                immigration law, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 26, 2000

 Mr. Conyers (for himself, Ms. Jackson-Lee of Texas, Mrs. Morella, Ms. 
Roybal-Allard, Mr. Gutierrez, Mr. Clyburn, Mr. Underwood, Mrs. Meek of 
   Florida, Mr. Frank of Massachusetts, Mr. Berman, Mr. Nadler, Ms. 
Waters, Mr. Delahunt, Mr. Weiner, Mr. Filner, Ms. Lee, Ms. Schakowsky, 
 Mr. Hastings of Florida, Mr. Kennedy of Rhode Island, Mr. McDermott, 
Mr. Serrano, Mr. Frost, Mr. Crowley, Ms. Millender-McDonald, Ms. Brown 
    of Florida, Mrs. Mink of Hawaii, and Mr. Bishop) introduced the 
  following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To amend the Immigration and Nationality Act to restore fairness to 
                immigration law, and for other purposes.

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

SECTION 1. SHORT TITLE; AMENDMENTS TO IMMIGRATION AND NATIONALITY ACT; 
              TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Restoration of 
Fairness in Immigration Law Act of 2000''.
    (b) Amendments to Immigration and Nationality Act.--Except as 
otherwise specifically provided in this Act, whenever in this Act an 
amendment or repeal is expressed as the amendment or repeal of a 
section or other provision, the reference shall be considered to be 
made to that section or provision in the Immigration and Nationality 
Act.
    (c) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; amendments to Immigration and Nationality Act; 
                            table of contents.
            TITLE I--DUE PROCESS IN IMMIGRATION PROCEEDINGS

         Subtitle A--Judicial Review in Immigration Proceedings

Sec. 101. Judicial review of administrative remedies and habeas corpus.
Sec. 102. Judicial review of asylum determinations.
Sec. 103. Judicial review of decisions concerning apprehension and 
                            detention of aliens.
Sec. 104. Judicial review of decisions concerning document fraud 
                            waivers.
Sec. 105. Judicial review of orders issued in absentia.
Sec. 106. Judicial review of denial of request for order of voluntary 
                            departure.
Sec. 107. Transitional changes in judicial review.
              Subtitle B--Fairness in Removal Proceedings

Sec. 111. Equitable burden of proof for admissibility.
Sec. 112. Presumption in favor of withdrawal of application for 
                            admission.
Sec. 113. Absences outside the control of the alien.
Sec. 114. Reinstatement of removal orders against aliens illegally 
                            reentering.
                   Subtitle C--Fairness in Detention

Sec. 121. Restoring discretionary authority to the Attorney General in 
                            cases of individuals who pose no risk to 
                            safety or of fleeing.
Sec. 122. Periodic review of detention determination.
Sec. 123. Limitation on indefinite detention.
Sec. 124. Pilot program to consider alternatives to detention.
Sec. 125. Elimination of mandatory detention in expedited removal 
                            proceedings.
Sec. 126. Right to counsel.
Sec. 127. Clarification of intent of transitional provision on 
                            references to removal orders.
            Subtitle D--Consular Review of Visa Applications

Sec. 131. Establishment of a Board of Visa Appeals.
Sec. 132. Nondiscrimination provisions.
  TITLE II--FAIRNESS AND EQUITY IN CASES INVOLVING PREVIOUS AND MINOR 
                               MISCONDUCT

     Subtitle A--Increased Fairness and Equity Concerning Removal 
                              Proceedings

Sec. 201. Equitable definition of ``crime involving moral turpitude''.
Sec. 202. Equitable application and definition of ``aggravated 
                            felony''.
Sec. 203. Equitable definitions of ``conviction'' and ``term of 
                            imprisonment''.
Sec. 204. Equitable definition of ``crimes of moral turpitude''.
Sec. 205. Restoration of fairness in equitable relief for long-time 
                            legal permanent residents.
Sec. 206. Restoration of fairness in equitable relief for other 
                            noncitizens.
Sec. 207. Eliminating unfair retroactive changes in removal rules for 
                            persons subject to pending proceedings.
Sec. 208. Eliminating unfair retroactive changes in removal rules for 
                            persons previously removed.
  Subtitle B--Increased Fairness and Equity Concerning 5-Year Bars to 
               Admission and Other Grounds for Exclusion

Sec. 211. Limiting 5-year bar to admission to persons who willfully 
                            fail to attend removal proceedings.
Sec. 212. Limiting 5-year bar to admission to persons who willfully 
                            violate student visa conditions.
Sec. 213. Limiting ban on admissibility to persons who willfully make 
                            false claims for citizenship.
Sec. 214. Equitable waiver of inadmissibility for minor criminal 
                            offenses.
Sec. 215. Reducing length of duration of bars to inadmissibility.
              TITLE III--ENCOURAGING FAMILY REUNIFICATION

                  Subtitle A--Reuniting Family Members

Sec. 301. Visa for spouses and children of permanent residents 
                            temporarily waiting for visa numbers.
Sec. 302. Refugee status for unmarried sons and daughters of refugees.
Sec. 303. Asylee status for unmarried sons and daughters of asylees.
Sec. 304. Protection against processing delays.
         Subtitle B--Limited Waiver of Grounds of Admissibility

Sec. 311. Discretionary waiver in cases involving family members.
Sec. 312. Discretionary waiver in document cases involving family 
                            members.
Sec. 313. Discretionary waiver to admit persons in unusual 
                            circumstances.
 Subtitle C--Eliminating Unfairness and Waste in Section 245(i) Waivers

Sec. 321. Permanent application of section 245(i).
Sec. 322. Eliminating unfairness created by temporary sunset of section 
                            245(i).
    Subtitle D--Equitable Procedures Concerning Voluntary Departure

Sec. 331. Discretionary determination of period of voluntary departure.
Sec. 332. Discretionary determination of voluntary departure bond based 
                            on individual circumstances.
Sec. 333. Elimination of automatic penalties for failing to depart in 
                            accordance with a voluntary departure 
                            grant.
         Subtitle E--Fairness in Determination of Public Charge

Sec. 341. Equitable procedures concerning public charge and affidavit 
                            of support.
          TITLE IV--FAIRNESS IN ASYLUM AND REFUGEE PROCEEDINGS

          Subtitle A--Increased Fairness in Asylum Proceedings

Sec. 401. Elimination of arbitrary time limits on asylum applications.
Sec. 402. Gender-based persecution.
Sec. 403. Elimination of arbitrary cap on persons eligible to adjust 
                            status from asylees to legal permanent 
                            residents.
Sec. 404. Restoration of eligibility for withholding of removal for 
                            persons facing loss of life or freedom.
Subtitle B--Increased Fairness and Rationality in Refugee Consultations

Sec. 411. Timely consultation with respect to refugee admissions.
     TITLE V--INCREASED FAIRNESS AND EQUITY IN NATURALIZATION AND 
                        LEGALIZATION PROCEEDINGS

                 Subtitle A--Naturalization Proceedings

Sec. 501. Increased authorization of funds for naturalization 
                            proceedings.
Sec. 502. Exemption from English language requirement for certain 
                            aliens who served with special guerrilla 
                            units or irregular forces.
Sec. 503. Special consideration concerning civics requirement for 
                            certain aliens who served with special 
                            guerrilla units or irregular forces.
Sec. 504. Documentation of qualifying service.
Sec. 505. Determination of eligibility for exemption and special 
                            consideration.
Sec. 506. Deadline for application and payment of fees.
 Subtitle B--Parity in Treatment for Refugees From Central America and 
                                 Haiti

Sec. 511. Adjustment of status for certain nationals from El Salvador, 
                            Guatemala, Honduras, and Haiti.
Sec. 512. Applications pending under section 203 of the Nicaraguan 
                            Adjustment and Central American Relief Act.
Sec. 513. Applications pending under the Haitian Refugee Immigration 
                            Fairness Act of 1998.
Sec. 514. Technical amendments to the Nicaraguan Adjustment and Central 
                            American Relief Act.
Sec. 515. Technical amendments to the Haitian Immigration Fairness Act 
                            of 1998.
Sec. 516. Motions to reopen.
       Subtitle C--Equality of Treatment for Women's Citizenship

Sec. 521. Declaration of citizenship for certain women who lost 
                            citizenship solely by reason of marriage to 
                            an alien prior to September 22, 1922.
Sec. 522. Equity in transmission of citizenship.
    Subtitle D--Fairness in the Treatment for Refugees From Liberia

Sec. 531. Adjustment of status of certain Liberian nationals.
  Subtitle E--Fairness in Review of Previously Granted Amnesty Rights

Sec. 541. Elimination of limitation on legalization litigation.
                 Subtitle F--Legal Amnesty Restoration

Sec. 551. Record of admission for permanent residence in the case of 
                            certain aliens.
  Subtitle G--Equality of Treatment for Asian American Visa Petitions

Sec. 561. Immigration of certain aliens born in the Philippines or 
                            Japan and fathered by U.S. citizens.
    TITLE VI--FAIRNESS AND COMPASSION IN THE TREATMENT OF BATTERED 
                               IMMIGRANTS

Sec. 601. Findings and purposes.
Sec. 602. Restoring immigration protections under the Violence Against 
                            Women Act of 1994 (VAWA).
Sec. 603. Remedying problems with implementation of the immigration 
                            provisions of VAWA.
Sec. 604. Waivers and exceptions to inadmissibility for otherwise 
                            qualified battered immigrants.
Sec. 605. Calculation of physical presence in VAWA cancellation of 
                            removal and suspension of deportation.
Sec. 606. Improved access to VAWA immigration protections for battered 
                            immigrant women.
Sec. 607. Improved access to VAWA cancellation of removal.
Sec. 608. Good moral character determinations.
Sec. 609. Economic security for battered immigrant women.
Sec. 610. Access to legal representation and services for battered 
                            immigrants.
Sec. 611. Violence Against Women Act training for INS officers, 
                            immigration judges, and civil and criminal 
                            court justice system personnel.
Sec. 612. Protection for certain crime victims including crimes against 
                            women.
Sec. 613. Access to Cuban Adjustment for battered immigrant spouses and 
                            children.
Sec. 614. Access to the Nicaraguan and Central American Relief Act for 
                            battered spouses and children.
Sec. 615. Access to the Haitian Refugee Immigration Fairness Act of 
                            1998 for battered spouses and children.
           TITLE VII--UNUSED EMPLOYMENT-BASED IMMIGRANT VISAS

Sec. 701. Recapture of unused employment-based immigrant visas.
                  TITLE VIII--MISCELLANEOUS PROVISIONS

Sec. 801. Technical and conforming change concerning Board of 
                            Immigration Appeals.
Sec. 802. Limiting forfeiture for certain assets used to violate INA 
                            where there was no commercial gain.
Sec. 803. Elimination of ban on State and local governments from 
                            preventing communications with the INS.
Sec. 804. Elimination of authority to permit State personnel to carry 
                            out immigration officer functions.
Sec. 805. Parole authority.
Sec. 806. Enhanced Border Patrol recruitment and retention.
Sec. 807. Elimination of denial of immigration benefits for erroneous 
                            asylum application.
Sec. 808. Authorization of appropriations for implementation of Act.
                       TITLE IX--EFFECTIVE DATES

Sec. 901. General effective date.
Sec. 902. Other effective dates.

            TITLE I--DUE PROCESS IN IMMIGRATION PROCEEDINGS

         Subtitle A--Judicial Review in Immigration Proceedings

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

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

                 ``judicial review of orders of removal

    ``Sec. 242. (a) The procedure prescribed by, and all the provisions 
of chapter 158 of title 28, United States Code, shall apply to, and 
shall be the sole and exclusive procedure for, the judicial review of 
all final orders of removal heretofore or hereafter made against aliens 
within the United States pursuant to administrative proceedings under 
section 240 or pursuant to section 238 of this Act or comparable 
provisions of any prior Act, except that--
            ``(1) a petition for review may be filed not later than 90 
        days after the date of the issuance of the final removal order, 
        or, in the case of an alien convicted of an aggravated felony 
        (including an alien described in section 238) not later than 30 
        days after the issuance of such order;
            ``(2) the venue of any petition for review under this 
        section shall be in the judicial circuit in which the 
        administrative proceedings before an immigration judge were 
        conducted in whole or in part, or in the judicial circuit 
        wherein is the residence, as defined in this Act, of the 
        petitioner, but not in more than one circuit;
            ``(3) the action shall be brought against the Immigration 
        and Naturalization Service, as respondent. Service of the 
        petition to review shall be made upon the Attorney General of 
        the United States and upon the official of the Immigration and 
        Naturalization Service in charge of the Service district in 
        which the office of the clerk of the court is located. The 
        service of the petition for review upon such official of the 
        Service shall stay the removal of the alien pending 
        determination of the petition by the court, unless the court 
        otherwise directs or unless the alien is convicted of an 
        aggravated felony (including an alien described in section 
        238), in which case the Service shall not stay the removal of 
        the alien pending determination of the petition of the court 
        unless the court otherwise directs;
            ``(4) except as provided in clause (B) of paragraph (5) of 
        this subsection, the petition shall be determined solely upon 
        the administrative record upon which the removal order is based 
        and the Attorney General's findings of fact, if supported by 
        reasonable, substantial, and probative evidence on the record 
        considered as a whole, shall be conclusive;
            ``(5) whenever any petitioner, who seeks review of an order 
        under this section, claims to be a national of the United 
        States and makes a showing that his claim is not frivolous, the 
        court shall (A) pass upon the issues presented when it appears 
        from the pleadings and affidavits filed by the parties that no 
        genuine issue of material fact is presented; or (B) where a 
        genuine issue of material fact as to the petitioner's 
        nationality is presented, transfer the proceedings to a United 
        States district court for the district where the petitioner has 
        his residence for hearing de novo of the nationality claim and 
        determination as if such proceedings were originally initiated 
        in the district court under the provisions of section 2201 of 
        title 28, United States Code. Any such petitioner shall not be 
        entitled to have such issue determined under section 360(a) of 
        this Act or otherwise;
            ``(6) whenever a petitioner seeks review of an order under 
        this section, any review sought with respect to a motion to 
        reopen or reconsider such an order shall be consolidated with 
        the review of the order;
            ``(7) if the validity of a removal order has not been 
        judicially determined, its validity may be challenged in a 
        criminal proceeding against the alien for violation of 
        subsection (a) or (b) of section 243 of this Act only by 
        separate motion for judicial review before trial. Such motion 
        shall be determined by the court without a jury and before the 
        trial of the general issue. Whenever a claim to United States 
        nationality is made in such motion, and in the opinion of the 
        court, a genuine issue of material fact as to the alien's 
        nationality is presented, the court shall accord him a hearing 
        de novo on the nationality claim and determine that issue as if 
        proceedings had been initiated under the provisions of section 
        2201 of title 28, United States Code. Any such alien shall not 
be entitled to have such issue determined under section 360(a) of this 
Act or otherwise. If no such hearing de novo as to nationality is 
conducted, the determination shall be made solely upon the 
administrative record upon which the removal order is based and the 
Attorney General's findings of fact, if supported by reasonable, 
substantial, and probative evidence on the record considered as a 
whole, shall be conclusive. If the removal order is held invalid, the 
court shall dismiss the indictment and the United States shall have the 
right to appeal to the court of appeals within 30 days. The procedure 
on such appeals shall be as provided in the Federal rules of criminal 
procedure. No petition for review under this section may be filed by 
any alien during the pendency of a criminal proceeding against such 
alien for violation of subsection (a) or (b) of section 243 of this 
Act;
            ``(8) nothing in this section shall be construed to require 
        the Attorney General to defer removal of an alien after the 
        issuance of a removal order because of the right of judicial 
        review of the order granted by this section, or to relieve any 
        alien from compliance with subsections (a) and (b) of section 
        243 of this Act. Nothing contained in this section shall be 
        construed to preclude the Attorney General from detaining or 
        continuing to detain an alien or from taking the alien into 
        custody pursuant to section 241 of this Act at any time after 
        the issuance of a removal order;
            ``(9) it shall not be necessary to print the record or any 
        part thereof, or the briefs, and the court shall review the 
        proceedings on a typewritten record and on typewritten briefs; 
        and
            ``(10) any alien held in custody pursuant to an order of 
        removal may obtain judicial review thereof by habeas corpus 
        proceedings.
    ``(b) Notwithstanding the provisions of any other law, any alien 
against whom a final order of removal has been made heretofore or 
hereafter under the provisions of section 235 of this Act or comparable 
provisions of any prior Act may obtain judicial review of such order by 
habeas corpus proceedings and not otherwise.
    ``(c) An order of removal shall not be reviewed by any court if the 
alien has not exhausted the administrative remedies available to the 
alien as of right under the immigration laws and regulations or if the 
alien has departed from the United States after the issuance of the 
order. Every petition for review or for habeas corpus shall state 
whether the validity of the order has been upheld in any prior judicial 
proceeding, and, if so, the nature and date thereof, and the court in 
which such proceeding took place. No petition for review or for habeas 
corpus shall be entertained if the validity of the order has been 
previously determined in any civil or criminal proceeding, unless the 
petition presents grounds which the court finds could not have been 
presented in such prior proceeding, or the court finds that the remedy 
provided by such prior proceeding was inadequate or ineffective to test 
the validity of the order.
    ``(d)(1) A petition for review or for habeas corpus on behalf of an 
alien against whom a final order of removal has been issued pursuant to 
section 238(b) may challenge only--
            ``(A) whether the alien is in fact the alien described in 
        the order;
            ``(B) whether the alien is in fact an alien described in 
        section 238(b)(2)(A) who is not eligible for relief from 
        removal under this Act;
            ``(C) whether the alien has been convicted of an aggravated 
        felony and such conviction has become final; and
            ``(D) whether the alien was afforded the procedures 
        required by section 238(b)(4).
    ``(2) No court shall have jurisdiction to review any issue other 
than an issue described in paragraph (1).''.

SEC. 102. JUDICIAL REVIEW OF ASYLUM DETERMINATIONS.

    (a) Authority To Apply for Asylum.--Section 208(a) (8 U.S.C. 
1158(a)) is amended by striking paragraph (3).
    (b) Conditions for Granting Asylum.--Section 208(b)(2) (8 U.S.C. 
1158(b)(2)) is amended by striking subparagraph (D).

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

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

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

    (a) Inadmissible Aliens.--Section 212(d)(12) (8 U.S.C. 1182(d)(12)) 
is amended by striking the final sentence.
    (b) Deportable Aliens.--Section 237(a)(3)(C)(ii) (8 U.S.C. 
1227(a)(3)(C)(ii)) is amended by striking the final sentence.

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

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

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

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

SEC. 107. TRANSITIONAL CHANGES IN JUDICIAL REVIEW.

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

              Subtitle B--Fairness in Removal Proceedings

SEC. 111. EQUITABLE BURDEN OF PROOF FOR ADMISSIBILITY.

    Section 240(c)(2) (8 U.S.C. 1229a(c)(2)) is amended--
            (1) in the matter preceding subparagraph (A), by striking 
        ``establishing--'' and inserting ``establishing, by clear and 
        convincing evidence--'';
            (2) in subparagraph (A), by striking ``clearly and beyond 
        doubt''; and
            (3) in subparagraph (B), by striking ``by clear and 
        convincing evidence,''.

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

    Section 235(a)(4) (8 U.S.C. 1225(a)(4)) is amended to read as 
follows:
            ``(4) Withdrawal of application for admission.--
                    ``(A) Presumption in favor of withdrawal.--The 
                Attorney General shall permit an alien applying for 
                admission to withdraw the application and depart 
                immediately from the United States at any time, unless 
                an immigration judge has rendered a decision with 
                respect to the admissibility of the alien, except that 
                the Attorney General may deny permission for the 
                withdrawal when warranted by unusual circumstances.
                    ``(B) Permissive withdrawal.--Except as provided in 
                subparagraph (A), an alien applying for admission may, 
                in the discretion of the Attorney General and at any 
                time after a decision described in such subparagraph 
                has been rendered, be permitted to withdraw the 
                application and depart immediately from the United 
                States.''.

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

    Section 101(a)(13)(C) (8 U.S.C. 1101(a)(13(C)) is amended by 
amending clause (ii) to read as follows:
                            ``(ii) has been absent from the United 
                        States for a continuous period in excess of one 
                        year unless the alien's return was impeded by 
                        emergency or extenuating circumstances outside 
                        the control of the alien,''.

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

    Section 241(a)(5) (8 U.S.C. 1231(a)(5)) is amended--
            (1) by inserting ``, after a hearing by an immigration 
        judge,'' after ``If'';
            (2) by inserting ``, on or after September 30, 1996,'' 
        after ``alien has'';
            (3) by striking ``is reinstated'' and inserting ``may be 
        deemed to be reinstated'';
            (4) by striking ``and is not subject'' and all that follows 
        through ``under this Act''; and
            (5) by striking the period at the end and inserting the 
        following: ``subject to reopening and review of the previous 
        order. Nothing in this section shall preclude an alien from 
        applying for any relief from removal under this Act.''.

                   Subtitle C--Fairness in Detention

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

    Section 236(c) (8 U.S.C. 1226(c)) is amended--
            (1) in paragraph (1), by striking ``Attorney General 
        shall'' and inserting ``Attorney General may''; and
            (2) by amending paragraph (2) to read as follows:
            ``(2) Release.--The Attorney General shall release any 
        alien described in paragraph (1) if the alien satisfies the 
        Attorney General that the alien will not pose a danger to the 
        safety of other persons or of property and is likely to appear 
        for any scheduled proceeding. All custody, bond, and parole 
        determinations shall be reviewable by an immigration judge and 
        subject to administrative appeal.''.

SEC. 122. PERIODIC REVIEW OF DETENTION DETERMINATION.

    Section 241(a) (8 U.S.C. 1231(a)) is amended--
            (1) by redesignating paragraph (6) as paragraph (6)(A);
            (2) in paragraph (6)(A) (as redesignated), by inserting 
        ``for a reasonable period of time, not to exceed 9 months 
        following the removal period, to allow for ongoing negotiations 
        to effect such removal'' after ``removal period''; and
            (3) by inserting before paragraph (7) the following:
            ``(B) Upon conclusion of the removal period and every 90 
        days thereafter, the Attorney General shall review whether the 
        alien is required to be released under subsection (j).
            ``(C) Determinations under this subparagraph shall be 
        subject to de novo review by an immigration judge and 
        administrative appeal. In such review, it shall be the Attorney 
        General's burden to prove that continued detention is 
        authorized under subsection (a).''.

SEC. 123. LIMITATION ON INDEFINITE DETENTION.

    Section 241 (8 U.S.C. 1231) is amended by adding at the end the 
following:
    ``(j) Notwithstanding any other provision of this section, 
including subsection (a)(2), the Attorney General may not detain an 
alien who requests release and demonstrates to the Attorney General 
that--
            ``(1) the alien is not a risk to the community and is 
        likely to comply with the order of removal; and
            ``(2) removal of the alien cannot be effectuated within the 
        removal period specified in section 241(a)(2).
The determination by the Attorney General shall be subject to de novo 
review by an immigration judge and administrative appeal.''.

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

    (a) Pilot Program on Alternatives to Detention in Penal Setting.--
The Attorney General shall establish a pilot program in 3 district 
offices of the Immigration and Naturalization Service to determine the 
viability of supervision, through means other than confinement in a 
penal setting, of aliens who have no criminal record, or have a 
criminal record that includes only nonviolent minor offenses, but who 
are subject to detention under the Immigration and Nationality Act at 
the discretion of the Attorney General.
    (b) Study and Report on Alternatives to Detention in Penal 
Setting.--In carrying out subsection (a), the Attorney General shall 
conduct a study, and submit a report to the Congress not later than 6 
months after the date of the enactment of this Act, on alternatives to 
detention of aliens who have no criminal record (or have a criminal 
record that includes only nonviolent minor offenses) and are not 
inadmissible or deportable by reason of having committed a criminal 
offense in detention facilities used for the incarceration of persons 
convicted of a criminal offense.

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

    Section 235(b)(1)(B)(iii)(IV) (8 U.S.C. 1225(b)(1)(B)(iii)(IV)) is 
amended to read as follows:
                                    ``(IV) Detention.--Aliens subject 
                                to the procedures under this clause 
                                shall be detained in accordance with 
                                section 236.''.

SEC. 126. RIGHT TO COUNSEL.

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

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

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

            Subtitle D--Consular Review of Visa Applications

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

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

                        ``board of visa appeals

    ``Sec. 225. (a) Establishment.--The Secretary of State shall 
establish within the Department of State a Board of Visa Appeals. The 
Board shall be composed of 5 members who shall be appointed by the 
Secretary. Not more than 2 members of the Board may be consular 
officers. The Secretary shall designate a member who shall be 
chairperson of the Board.
    ``(b) Authority and Functions.--The Board shall have authority to 
review any discretionary decision of a consular officer with respect to 
an alien concerning the denial, revocation, or cancellation of an 
immigrant visa or of a nonimmigrant visa or petition, or the denial of 
an application for waiver of one or more grounds of inadmissibility 
under section 212. The review of the Board shall be made upon the 
record for decision of the consular officer, including all documents, 
notes, and memoranda filed with the consular officer, supplemented by 
affidavits and other writings if offered by the consular officer or 
alien. Upon a conclusive showing that the decision of the consular 
official is contrary to the preponderance of the evidence, the Board 
shall have authority to overrule, or remand for further consideration, 
the decision of such consular officer.
    ``(c) Procedure.--Proceedings before the Board shall be in 
accordance with such regulations, not inconsistent with this Act and 
sections 556 and 557 of title 5, United States Code, as the Secretary 
of State shall prescribe. Such regulations shall include requirements 
that provide that--
            ``(1) at the time of any decision of a consular officer 
        under subsection (b), an alien, attorney of record, and any 
        interested party defined in subsection (d) shall be given 
        notice of the availability of the review process and the 
        necessary steps to request such review;
            ``(2) a written record of the proceedings and decision of 
        the consular officer (in accordance with sections 556 and 557 
        of title 5, United States Code) shall be available to the 
        Board, and on payment of lawfully prescribed costs, shall be 
        made available to the alien;
            ``(3) upon receipt of request for review under this 
        section, the Board shall, within 30 days, notify the consular 
        officer with respect to whose decision review is sought, and, 
        upon receipt of such notice, such officer shall promptly (but 
        in no event more than 30 days after such receipt) forward to 
        the Board the record of proceeding as described in subsection 
        (b);
            ``(4) the appellant shall be given notice, reasonable under 
        all the circumstances of the time and place at which the Board 
        proceedings will be held;
            ``(5) the appellant may be represented (at no expense to 
        the Government) by such counsel, authorized to practice in such 
        proceedings, as the appellant shall choose; and
            ``(6) a request for review under this section must be made 
        in writing to the Board within 60 days after receipt of notice 
        of the denial, revocation, or cancellation.
    ``(d) Interested Parties.--The Board shall review each decision 
described in subsection (b) upon request of the alien or any of the 
following interested parties:
            ``(1) The petitioner or beneficiary of an immigrant visa 
        petition approved under section 203(a), 203(b)(1), 203(b)(4), 
        203(b)(5), or 203(c), or the petitioner of an immigrant visa 
        petition approved under section 203(b)(2) or 203(b)(3).
            ``(2) The petitioner of a nonimmigrant visa petition.
            ``(3) The postsecondary educational institution approved 
        for the attendance of nonimmigrant students under section 
        101(a)(15)(F)(i) or 101(a)(15)(M)(i) which has provided notice 
        of the acceptance of the alien in its program.
            ``(4) A recognized international agency or organization 
        approved as a program sponsor under section 101(a)(15)(J) which 
        has provided notice of the acceptance of the alien in its 
        program.
            ``(5) A treaty investor or trader individual or 
        organization in the United States that, under section 
        101(a)(15)(E), has made an offer of employment to an alien to 
        perform executive or supervisory management functions.
    ``(e) Limitation.--A review may not be requested under this section 
more than once in any 24-month period.
    ``(f) Construction.--This section may not be construed to restrict 
any right to further administrative or judicial review established 
under any other provision of law.
    ``(g) Fees.--The Secretary of State shall charge, and collect, an 
appropriate fee associated with a request to the Board for a review. 
Such fee shall be sufficient to cover the cost of the administration of 
this section.''.
    (b) Technical Amendments.--
            (1) Section 222(f) (8 U.S.C. 1202(f)) is amended--
                    (A) by striking ``except that'' and all that 
                follows up to the period; and
                    (B) by adding at the end: ``An interested party 
                under section 225(d) or court shall be permitted to 
                inspect the record of proceeding as described in 
                subsections (c)(2) and (c)(3) of section 225.''.
            (2) Section 104(a)(1) (8 U.S.C. 1104(a)(1)) is amended by 
        striking the ``except'' and inserting ``including''.
            (3) The table of contents is amended by inserting after the 
        item relating to section 224 the following new item:

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

SEC. 132. NONDISCRIMINATION PROVISIONS.

    (a) Nondiscrimination in Issuance of Immigrant Visas.--Section 
202(a)(1) (8 U.S.C. 1152(a)(1)) is amended--
            (1) in subparagraph (A), by inserting ``sexual orientation, 
        disability,'' after ``sex,''; and
            (2) in subparagraph (B), by striking ``processed.'' and 
        inserting ``processed, to the extent that such procedures do 
        not discriminate based on race, sex, sexual orientation, 
        disability, nationality, place of birth, or place of residence 
        in violation of subparagraph (A).''.
    (b) Nondiscrimination in Issuance of Nonimmigrant Visas.--Section 
214 (8 U.S.C. 1184) is amended--
            (1) by redesignating the subsection (l) added by section 
        625(a) of the Illegal Immigration Reform and Immigrant 
        Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 3009-
        1820) as subsection (m); and
            (2) by adding at the end the following:
    ``(n) Except as specifically provided by law, no person shall 
receive any preference or priority or be discriminated against in the 
issuance of a nonimmigrant visa because of the person's race, sex, 
sexual orientation, disability, nationality, place of birth, or place 
of residence.''.

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

     Subtitle A--Increased Fairness and Equity Concerning Removal 
                              Proceedings

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

    (a) Conviction of Certain Crimes.--Section 212(a)(2)(A)(i) (8 
U.S.C. 1182(a)(2)(A)(i)) is amended by striking ``of, or who admits 
having committed, or who admits committing acts which constitute the 
essential elements of--'' and inserting ``of--''.
    (b) Exception.--Section 212(a)(2)(A)(ii)(II) (8 U.S.C. 
1182(a)(2)(A)(ii)(II)) is amended--
            (1) by striking ``the maximum'' and all that follows 
        through ``such crime,''; and
            (2) by striking ``6 months'' and inserting ``1 year''.

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

    (a) Illicit Trafficking.--Section 101(a)(43)(B) (8 U.S.C. 
1101(a)(43))(B)) is amended by striking ``Code);'' and inserting 
``Code), except a single offense of simple possession of a controlled 
substance that is an alien's first controlled substance offense;''.
    (b) Crimes of Violence and Theft Offenses.--Sections 101(a)(43)(F), 
(G), (J), (R), and (S) (8 U.S.C. 1101(c)(43)(F), (G), (J), (R), and 
(S)) are each amended by striking ``imprisonment'' and all that follows 
through the semicolon and inserting ``imprisonment of more than 5 
years;''.
    (c) Alien Smuggling.--Section 101(a)(43)(N) (8 U.S.C. 
101(a)(43)(N)) is amended--
            (1) by inserting ``committed for the purpose of commercial 
        advantage,'' after ``smuggling),''; and
            (2) by adding at the end a semicolon.
    (d) Discretionary Waiver in Cases of Other Minor Felonies.--Section 
101 (8 U.S.C. 1101) is amended by adding at the end the following:
    ``(i) For purposes of this Act, and notwithstanding subsection 
(a)(43), the Attorney General may treat any conviction that did not 
result in incarceration for more than 1 year as if such conviction were 
not a conviction for an aggravated felony.''.
    (e) Conforming Change Concerning Removal of Nonpermanent 
Residents.--Section 238(b) (8 U.S.C. 1228(b)) is amended by striking 
paragraph (5).

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

    Section 101(a)(48) (8 U.S.C. 1101(a)(48)) is amended--
            (1) in subparagraph (A), by striking ``court'' and all that 
        follows through the period at the end and inserting ``court. An 
        adjudication or judgment of guilt that has been expunged, 
        deferred, annulled, invalidated, withheld, or vacated, an order 
        of probation without entry of judgment, or any similar 
        disposition shall not be considered a conviction for purposes 
        of this Act.''; and
            (2) in subparagraph (B)--
                    (A) by inserting ``only'' after ``deemed to 
                include''; and
                    (B) by striking ``court of law'' and all that 
                follows through the period at the end and inserting 
                ``court of law. Any such reference shall not be deemed 
                to include any suspension of the imposition or 
                execution of that imprisonment or sentence in whole or 
                in part.''.

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

    Section 237(a)(2)(A)(i)(II) (8 U.S.C. 1227(a)(2)(A)(i)(II)) is 
amended to read as follows:
                                    ``(II) for which the alien has been 
                                incarcerated for a period exceeding one 
                                year,''.

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

    (a) Cancellation of Removal.--Section 240A(a)(3) (8 U.S.C. 
1229b(a)(3)) is amended to read as follows:
            ``(3) has not been convicted of an aggravated felony for 
        which the sentence imposed is five years or more.''.
    (b) Repeal of Rule for Termination of Continuous Period.--
            (1) Section 240A(d)(1) (8 U.S.C. 1229b(d)(1)) (8 U.S.C. 
        1229b(a)) is repealed.
            (2) Section 240A(d) (8 U.S.C. 1229b) is amended--
                    (A) by redesignating paragraphs (2) and (3) as 
                paragraphs (1) and (2), respectively; and
                    (B) by inserting before the period at the end of 
                paragraph (1) (as redesignated) the following: ``, 
                unless the alien's departure from the United States was 
                due to a temporary trip abroad required by emergency or 
                extenuating circumstances outside the control of the 
                alien''.

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

    (a) Cancellation of Removal and Adjustment for Certain Nonpermanent 
Residents.--Section 240A(b)(1) (8 U.S.C. 1229b(b)(1)) is amended to 
read as follows:
            ``(1) In general.--The Attorney General may cancel removal 
        in the case of an alien who is inadmissible or deportable from 
        the United States if the alien--
                    ``(A) has been physically present in the United 
                States for a continuous period of--
                            ``(i) 7 years immediately preceding the 
                        date of application in the case of an alien--
                                    ``(I) who is deportable on any 
                                ground other than a ground specified in 
                                clause (ii)(I); and
                                    ``(II) whose deportation would, in 
                                the opinion of the Attorney General, 
                                result in extreme hardship to the alien 
                                or the alien's spouse, parent, son, or 
                                daughter, who is a citizen of the 
                                United States or an alien lawfully 
                                admitted for permanent residence; or
                            ``(ii) 10 years immediately preceding the 
                        date of application in the case of an alien--
                                    ``(I) who is deportable for 
                                conviction of an offense under section 
                                212(a)(2), 237(a)(2), or 237(a)(3); and
                                    ``(II) whose deportation would, in 
                                the opinion of the Attorney General, 
                                result in exceptional and extremely 
                                unusual hardship to the alien or the 
                                alien's spouse, parent, son, or 
                                daughter, who is a citizen of the 
                                United States or an alien lawfully 
                                admitted for permanent residence''; and
                    ``(B) has been a person of good moral character 
                during such period.''.
    (b) Elimination of Annual Limitation.--Section 240A (8 U.S.C. 
1229b) is amended by striking subsection (e).

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

    (a) Application of Aggravated Felony Definition.--The last sentence 
of section 101(a)(43) (8 U.S.C. 1101(a)(43)) is amended to read as 
follows: ``The term shall not apply to any offense that was not covered 
by the term on the date on which the offense occurred.''.
    (b) Grounds of Deportability.--Section 237 (8 U.S.C. 1227) is 
amended by adding at the end the following new subsection:
    ``(d) Notwithstanding any other provision of this section, an alien 
is not deportable by reason of committing any offense that was not a 
ground of deportability on the date the offense occurred.''.
    (c) Grounds of Inadmissibility.--Section 212 (8 U.S.C. 1182) is 
amended by adding at the end the following new subsection:
    ``(p) Notwithstanding any other provision of this section, an alien 
is not inadmissible by reason of committing any offense that was not a 
ground of inadmissibility on the date the offense occurred.''.

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

    (a) In General.--The Attorney General shall establish a process by 
which an alien described in subsection (b) may apply for reopening a 
proceeding so as to seek relief from exclusion, deportation, or removal 
under section 212(c) of the Immigration and Nationality Act, as such 
section was in effect prior to the enactment of the Antiterrorism and 
Effective Death Penalty Act of 1996, or section 240A of the Immigration 
and Nationality Act, as amended by this Act.
    (b) Alien Described.--An alien referred to in subsection (a) is an 
alien who received a final order of exclusion, deportation, or removal, 
or a decision on a petition for review or petition for habeas corpus, 
on or after September 30, 1996, and who was--
            (1) excluded, deported, or removed from the United States 
        by reason of having committed a criminal offense that was not a 
        basis for removal, exclusion, or deportation on the date on 
        which the offense was committed;
            (2) excluded, deported, or removed from the United States 
        by reason of having committed a criminal offense that is not a 
        basis for removal, exclusion, or deportation on the date of 
        enactment of this Act; or
            (3) excluded, deported, or removed from the United States 
        by reason of having committed a criminal offense prior to April 
        24, 1996, for which there was relief from exclusion, 
        deportation, or removal available prior to such date.
    (c) Parole.--The Attorney General may in her discretion exercise 
the parole authority under section 212(d)(5)(A) of the Immigration and 
Nationality Act (8 U.S.C. 1182(d)(5)(A)) for the purpose of permitting 
aliens excluded, deported, or removed from the United States to 
participate in the process established under subsection (a), if the 
alien establishes prima facie eligibility for the relief.

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

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

    Section 212(a)(6)(B) (8 U.S.C. 1182(a)(6)(B)) is amended to read as 
follows:
                    ``(B) Failure to attend removal proceedings.--
                            ``(i) In general.--Any alien who willfully 
                        and without reasonable cause fails or refuses 
                        to attend or remain in attendance at a 
                        proceeding to determine the alien's 
                        inadmissibility or deportability and who seeks 
                        admission to the United States within 5 years 
                        of such alien's subsequent departure or removal 
                        is inadmissible.
                            ``(ii) Waiver authorized.--For provision 
                        authorizing waiver of clause (i), see 
                        subsection (d)(13).''.

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

    (a) In General.--Section 212(a)(6)(G) (8 U.S.C. 1182(a)(6)(G)) is 
amended to read as follows:
                    ``(G) Student visa abusers.--
                            ``(i) In general.--An alien who obtains the 
                        status of a nonimmigrant under section 
                        101(a)(15)(F)(i) and who willfully violates a 
                        term or condition of such status under section 
                        214(m) is inadmissible until the alien has been 
                        outside the United States for a continuous 
                        period of 5 years after the date of the 
                        violation.
                            ``(ii) Waiver authorized.--For provision 
                        authorizing waiver of clause (i), see 
                        subsection (d)(13).''.
    (b) Technical Amendment.--Section 101(a)(15)(F)(i) (8 U.S.C. 
1101(a)(15)(F)(i)) is amended by striking ``214(l)'' and inserting 
``214(m)''.

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

    (a) Classes of Deportable Aliens.--Section 237(a)(3)(D) (8 U.S.C. 
1227(a)(3)(D)) is amended by inserting ``and willfully'' after 
``falsely'' each place such term appears.
    (b) Classes of Inadmissible Aliens.--Section 212(a)(6)(C)(ii) (8 
U.S.C. 1182(a)(6)(C)(ii)) is amended by inserting ``and willfully'' 
after ``falsely'' each place such term appears.

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

    Section 212(h) (8 U.S.C. 1182(h)) is amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``offense of simple possession of 30 grams or less of 
        marijuana'' and inserting ``controlled substance offense for 
        which the alien was not incarcerated for a period exceeding 1 
        year''; and
            (2) by striking the final two sentences.

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

    Section 212(a)(9)(B)(i) (8 U.S.C. 1182(a)(9)(B)(i)) is amended--
            (1) in subclause (I), by striking ``3 years'' and inserting 
        ``1 year''; and
            (2) in subclause (II), by striking ``10 years'' and 
        inserting ``3 years''.

              TITLE III--ENCOURAGING FAMILY REUNIFICATION

                  Subtitle A--Reuniting Family Members

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

    (a) In General.--Section 101(a)(15) (8 U.S.C. 101(a)(15)) is 
amended--
            (1) in subparagraph (R), by striking ``or'' at the end;
            (2) in subparagraph (S), by striking the period at the end 
        and inserting ``; or''; and
            (3) by inserting after subparagraph (S) the following:
            ``(T) an alien (other than one coming for the purpose of 
        study or of performing skilled or unskilled labor or as a 
        representative of foreign press, radio, film, or other foreign 
        information media coming to engage in such vocation) who is the 
        beneficiary of a petition approved under--
                    ``(i) section 204 (excluding the provisions of such 
                section referred to in clause (ii)) for classification 
                by reason of a relationship described in section 
                203(a)(2)(A) with an alien lawfully admitted for 
                permanent residence, who is awaiting the availability 
                of an immigrant visa based upon such approval, and who 
                seeks to enter the United States to achieve family 
                unity by joining the permanent resident alien in the 
                United States; or
                    ``(ii) clause (iii), (iv), (v), or (vi) of section 
                204(a)(1)(A) or clause (ii), (iii), or (iv) of section 
                204(a)(1)(B) and who is awaiting the availability of an 
                immigrant visa based upon such approval.''.
    (b) Period of Authorized Status.--Section 214(a)(2) (8 U.S.C. 
1184(a)(2)) is amended by adding at the end the following:
    ``(C) The period of authorized status as a nonimmigrant described 
in section 101(a)(15)(T) shall be for one year. Such period may be 
extended for additional one-year periods by the Attorney General.''.

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

    Section 207(c)(2) (8 U.S.C. 1157(c)(2)) is amended by adding at the 
end the following:
        ``When warranted by unusual circumstances or to preserve family 
        unity, the Attorney General may, in the Attorney General's 
        discretion, consider an unmarried son or daughter of a refugee 
        to be a child of the refugee for purposes of this paragraph.''.

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

    Section 208(b)(3) (8 U.S.C. 1158(b)(3)) is amended by adding at the 
end the following:
        ``When warranted by unusual circumstances or to preserve family 
        unity, the Attorney General may, in the Attorney General's 
        discretion, consider an unmarried son or daughter of an alien 
        who is granted asylum under this subsection to be a child of 
        the alien for purposes of this paragraph.''.

SEC. 304. PROTECTION AGAINST PROCESSING DELAYS.

    (a) In General.--
            (1) New section.--Title I (8 U.S.C. 1101 et seq.) is 
        amended by adding at the end the following:

          ``protection against processing delays for children

    ``Sec. 106. (a) In General.--
            ``(1) Determination of who is a child.--In the case of an 
        application initially to grant a benefit under this Act (other 
        than an application for naturalization) that otherwise would be 
        granted only after a determination that the beneficiary of the 
        application is a child (such as classification as an immediate 
        relative under section 201(b)(2)(A)(i)), if the application is 
        neither approved nor denied (on procedural or substantive 
        grounds) during the 90-day period beginning on the date of the 
        filing of the application--
                    ``(A) the beneficiary shall be considered to be a 
                child for all purposes related to the receipt of the 
                benefit if the beneficiary was a child on the last day 
                of such 90-day period; and
                    ``(B) the beneficiary shall not otherwise be 
                prejudiced with respect to such determination by such 
                delay, and shall be considered to be a child under this 
                Act for all purposes related to such application.
            ``(2) Termination of benefit.--Paragraph (1) shall remain 
        in effect until the termination of the 1-year period beginning 
        on the date on which the application described in such 
        paragraph is approved.
    ``(b) Special Benefits for Sons and Daughters of Naturalized 
Parents.--
            ``(1) In general.--In the case of an alien son or daughter 
        of a parent who is a naturalized citizen, if the alien is the 
        beneficiary of an application for a benefit under this Act that 
        otherwise would be granted only after a determination that the 
        alien is a child--
                    ``(A) the alien shall not be prejudiced with 
                respect to such determination by the failure of the 
                Attorney General to approve the parent's application 
                for naturalization during the 90-day period beginning 
                on date of the filing of the application; and
                    ``(B) the alien son or daughter shall be considered 
                to be a child for all purposes related to such 
                application if the alien was a child on the last day of 
                such 90-day period.
            ``(2) Termination of benefit.--Paragraph (1) shall remain 
        in effect until the termination of the 1-year period beginning 
        on the date on which the application described in such 
        paragraph is approved.''.
            (2) Clerical amendment.--The table of contents of such Act 
        is amended by inserting after the item relating to section 105 
        the following:

``Sec. 106.  Protection against processing delays for children.''.
    (b) Protection Against Prejudicial Effects of Processing Delays 
Related to Change in Family Status.--Section 203 (8 U.S.C. 1153) is 
amended by adding at the end the following:
    ``(h) Protection Against Prejudicial Effects of Processing Delays 
Related to Change in Family Status.--
            ``(1) In general.--In the case of an application for 
        receipt of an immigrant visa under subsection (a), an 
        application for receipt of an immigrant visa under subsection 
        (d) based on a familial relationship to an alien entitled to 
        immigrant status under subsection (a), or an application for 
        adjustment of status under section 245 based on the 
        availability of an immigrant visa under subsection (a), if the 
        application is neither approved nor denied (on procedural or 
        substantive grounds) during the 90-day period beginning on the 
        date of the filing of the application, the eligibility of the 
        alien beneficiary of the application, for all purposes related 
        to the receipt of the applicable benefit, shall be adjudicated 
        based on the alien's familial status and relationships on the 
        last day of such 90-day period.
            ``(2) Termination of benefit.--Paragraph (1) shall remain 
        in effect until the termination of the 1-year period beginning 
        on the date on which the application described in such 
        paragraph is approved.
            ``(3) Construction.--Paragraph (1) shall not be construed 
        to supersede any ground of inadmissibility under section 
        212(a).''.
    (c) Preventing Immigrants From Waiting Longer for Immigrant Visas 
as a Result of Reclassification From Family Second Preference to Family 
First Preference.--Section 203 (8 U.S.C. 1153) is amended by adding at 
the end the following new subsection:
    ``(h) Ensuring Immigrants Do Not Have To Wait Longer for an 
Immigrant Visa as a Result of Reclassification From Family Second 
Preference to Family First Preference.--Notwithstanding any other 
provision of law, in the case of a petition that has been approved to 
accord preference status under subsection (a)(2)(A), the petition may 
be deemed to provide continued entitlement to status under that 
subsection in the case of any alien petitioner who is subsequently 
naturalized as a United States citizen, if a visa is not immediately 
available to the beneficiary under subsection (a)(1).''.

         Subtitle B--Limited Waiver of Grounds of Admissibility

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

    (a) In General.--Section 212(i) (8 U.S.C. 1182(i)) is amended to 
read as follows:
    ``(i) The Attorney General may, in the discretion of the Attorney 
General, waive the application of subparagraph (A)(i), or clause (i) or 
(ii) of subparagraph (C), of subsection (a)(6) in the case of an 
immigrant who is the parent, spouse, son, or daughter of a United 
States citizen or of an alien lawfully admitted for permanent residence 
if it is established to the satisfaction of the Attorney General that 
the refusal of admission to the United States of such immigrant alien 
would result in hardship to the alien or to the citizen or lawfully 
resident parent, spouse, son, or daughter of such an alien.''.
    (b) Conforming Amendments.--Section 212(a)(6) (8 U.S.C. 1182(a)(6)) 
is amended--
            (1) in subparagraph (A), by adding at the end the 
        following:
                            ``(iii) Waiver authorized.--For provision 
                        authorizing waiver of this subparagraph, see 
                        subsection (i).''; and
            (2) in subparagraph (C)(iii), by striking ``clause (i),'' 
        and inserting ``this subparagraph''.

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

    (a) Inadmissible Aliens.--Section 212(d)(12) (8 U.S.C. 1182(d)(12)) 
is amended by striking ``spouse or child'' and inserting ``spouse, son, 
daughter, or parent''.
    (b) Deportable Aliens.--Section 237(a)(3)(C)(ii) (8 U.S.C. 
1227(a)(3)(C)(ii)) is amended by striking ``spouse or child'' and 
inserting ``spouse, son, daughter, or parent''.

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

    (a) New General Waiver.--Section 212(d) (8 U.S.C. 1182(d)) is 
amended by adding at the end the following:
    ``(13) The Attorney General may, in the discretion of the Attorney 
General for humanitarian purposes, to assure family unity, or when it 
is otherwise in the public interest, waive the application of 
subparagraph (B)(i) or (G)(i) of subsection (a)(6), clause (i) or (ii) 
of subsection (a)(9)(A), or subsection (a)(9)(B)(i), in unusual 
circumstances. For purposes of the preceding sentence, an instance of 
battering or extreme cruelty is deemed to constitute unusual 
circumstances in the case where it is inflicted on an alien (or a child 
of an alien) by the alien's United States citizen or lawful permanent 
resident spouse, parent, child, son, or daughter.''.
    (b) Waiver for Aliens Previously Removed.--
            (1) Certain aliens previously removed.--Section 
        212(a)(9)(A) (8 U.S.C. 1182(a)(9)(A)) is amended by adding at 
        the end the following:
                            ``(iv) Waiver authorized.--For provision 
                        authorizing waiver of clause (i) or (ii), see 
                        subsection (d)(13).''.
            (2) Aliens unlawfully present.--Section 212(a)(9)(B)(v) (8 
        U.S.C. 1182(a)(9)(B)(v)) is amended to read as follows:
                            ``(v) Waiver authorized.--For provision 
                        authorizing waiver of clause (i), see 
                        subsection (d)(13).''.

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

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

    Section 245(i)(1) (8 U.S.C. 1255(i)(1)) is amended by striking 
``(i)(1)'' and all that follows through ``The Attorney General'' and 
inserting the following:
    ``(i)(1) Notwithstanding the provisions of subsections (a) and (c) 
of this section, an alien physically present in the United States who--
            ``(A) entered the United States without inspection; or
            ``(B) is within one of the classes enumerated in subsection 
        (c) of this section;
may apply to the Attorney General for the adjustment of his or her 
status to that of an alien lawfully admitted for permanent residence. 
The Attorney General''.

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

    The Attorney General may waive section 212(a)(9)(B) of the 
Immigration and Nationality Act in the case of an alien who--
            (1) was ineligible for adjustment of status under section 
        245(i) of the Immigration and Nationality Act, as in effect on 
        the day before the date of the enactment of this Act;
            (2) departed from the United States because of such 
        ineligibility after the date of the enactment of the 
        Departments of Commerce, Justice, and State, the Judiciary, and 
        Related Agencies Appropriations Act, 1998, and before the date 
        of the enactment of this Act; and
            (3) would be eligible for adjustment of status under 
        section 245(i) by reason of the amendment made by section 321 
        but for such departure.

    Subtitle D--Equitable Procedures Concerning Voluntary Departure

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

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

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

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

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

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

         Subtitle E--Fairness in Determination of Public Charge

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

    (a) Grounds for Ineligibility for Admission.--Section 212(a)(4) (8 
U.S.C. 1182(a)(4)) is amended--
            (1) by amending subparagraph (B)(ii) to read as follows:
                    ``(ii) If an alien submits an affidavit of support 
                described in section 213A, in addition to the factors 
                under clause (i), the consular officer or the Attorney 
                General shall also consider such affidavit in 
                determining whether the alien is inadmissible under 
                this paragraph.''; and
            (2) by striking subparagraphs (C) and (D).
    (b) Requirements for Sponsor's Affidavit of Support.--Subsections 
(a)(1)(A), (f)(1)(E), and (f)(4)(B)(i) of section 213A (8 U.S.C. 
1183a(a)(1)(A), (f)(1)(E), and (f)(4)(B)(i)) are amended by striking 
``125'' and inserting ``100''.

          TITLE IV--FAIRNESS IN ASYLUM AND REFUGEE PROCEEDINGS

          Subtitle A--Increased Fairness in Asylum Proceedings

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

    Section 208(a)(2) (8 U.S.C. 1158(a)(2)) is amended--
            (1) by striking subparagraph (B);
            (2) in subparagraph (C), by striking ``(D)'' and inserting 
        ``(C)'';
            (3) in subparagraph (D), by striking ``subparagraphs (B) 
        and (C),'' and inserting ``subparagraph (B),''; and
            (4) by redesignating subparagraphs (C) and (D) as 
        subparagraphs (B) and (C), respectively.

SEC. 402. GENDER-BASED PERSECUTION.

    (a) Treatment as Refugee.--Section 101(a)(42) (8 U.S.C. 
1101(a)(42)) is amended by adding at the end the following:
``For purposes of determinations under this Act, a person who 
establishes that he or she suffered persecution in the past, or has a 
well-founded fear of persecution, on account of gender shall be 
considered to have suffered persecution, or to have a well-founded fear 
of persecution, on account of membership in a particular social 
group.''.
    (b) Restriction on Removal to Country Where Alien Would Be 
Threatened.--Section 241(b)(3) (8 U.S.C. 1231(b)(3)) is amended by 
adding at the end the following:
                    ``(C) Gender-based persecution.--For purposes of 
                determinations under this paragraph, an alien who 
                establishes that the alien's life or freedom would be 
                threatened in a country on account of gender shall be 
                considered to have established that the alien's life or 
                freedom would be threatened in that country on account 
                of membership in a particular social group.''.

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

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

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

    Section 241(b)(3)(B) (8 U.S.C. 1231(b)(3)(B)) is amended--
            (1) by amending clause (ii) to read as follows:
                            ``(ii) the alien--
                                    ``(I) has been convicted by final 
                                judgment of a particularly serious 
                                crime for which the sentence imposed 
                                was an aggregate term of imprisonment 
                                of five years or more; and
                                    ``(II) is a danger to the community 
                                of the United States.'';
            (2) by striking the second and third sentences; and
            (3) by adding at the end ``Notwithstanding this 
        subparagraph, an alien may be granted relief under subparagraph 
        (A) if the Attorney General determines the alien should not be 
        removed for urgent humanitarian reasons.''.

Subtitle B--Increased Fairness and Rationality in Refugee Consultations

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

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

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

                 Subtitle A--Naturalization Proceedings

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

    (a) Immigration Examinations Fee Account Modification.--Section 
286(m) (8 U.S.C. 1356(m)) is amended to read as follows:
    ``(m)(1) Notwithstanding any other provision of law, all 
adjudication fees as are designated by the Attorney General in 
regulations shall be deposited as offsetting receipts into a separate 
account entitled `Immigration Examinations Fee Account' in the Treasury 
of the United States (in this subsection referred to as the `Account'), 
whether collected directly by the Attorney General or through clerks of 
courts.
    ``(2)(A) All fees received by the Attorney General from applicants 
residing in the Virgin Islands of the United States and in Guam under 
this subsection shall be paid over to the treasury of the Virgin 
Islands and to the treasury of Guam.
    ``(B) Fees for providing adjudication and naturalization services 
may be set at a level that--
            ``(i) will ensure recovery of the full costs of providing 
        all such services, including the costs of similar services 
        provided without charge to asylum applicants or other 
        immigrants; and
            ``(ii) will recover any additional costs associated with 
        the administration of the fees collected.
    ``(3) Each fee collected for the provision of an adjudication or 
naturalization service shall be used only to fund adjudication or 
naturalization services or, subject to the availability of funds 
provided pursuant to paragraph (6), costs of similar services provided 
without charge to asylum and refugee applicants.
    ``(4) No such fee may be used for immigration enforcement purposes 
by the Attorney General or any other officer or employee of the Federal 
Government.
    ``(5) No such fee may be used to fund adjudication-related or 
naturalization-related audits which are not regularly conducted in the 
normal course of operation.
    ``(6) There are authorized to be appropriated such sums as may be 
necessary to carry out the provisions of sections 207 through 209. All 
funds appropriated to carry out this paragraph shall be deposited into 
the Account and shall remain available until expended.''.
    (b) Authorization of Appropriations for Expeditious Processing of 
Applications.--Section 404 of the Immigration and Nationality Act (8 
U.S.C. 1101 note) is amended by adding at the end the following:
    ``(c) There are authorized to be appropriated for fiscal years 2000 
through 2006 such sums as may be necessary--
            ``(1) to reduce the backlog of applications for 
        naturalization under section 334 so that the processing time 
        for such an application is not more than 6 months; and
            ``(2) to provide more expeditious processing of other 
        applications for a benefit under this Act (such as petitions 
        for an immigrant or nonimmigrant visa, applications for 
        adjustment of status, and applications for employment 
        authorization).''.

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

    The requirement of paragraph (1) of section 312(a) of the 
Immigration and Nationality Act (8 U.S.C. 1423(a)(1)) shall not apply 
to the naturalization of any person--
            (1) who--
                    (A) was admitted into the United States as an 
                immigrant from Cambodia or Vietnam pursuant to section 
                207 of the Immigration and Nationality Act (8 U.S.C. 
                1157); and
                    (B) served with a special guerrilla unit, or 
                irregular forces, operating from Cambodia or Vietnam in 
                support of the United States military at any time 
                during the period beginning February 28, 1961, and 
                ending September 18, 1978; or
            (2) who--
                    (A) satisfies the requirement of paragraph (1)(A); 
                and
                    (B) was the spouse of a person described in 
                paragraph (1) on the day on which such described person 
                applied for admission into the United States as an 
                immigrant.

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

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

SEC. 504. DOCUMENTATION OF QUALIFYING SERVICE.

    A person seeking an exemption under section 502 or special 
consideration under section 503 shall submit to the Attorney General 
documentation of their, or their spouse's, service with a special 
guerrilla unit, or irregular forces, described in section 502(1)(B), in 
the form of--
            (1) original documents;
            (2) an affidavit of the serving person's superior officer;
            (3) 2 affidavits from other individuals who also were 
        serving with such a special guerrilla unit, or irregular 
        forces, and who personally knew of the person's service; or
            (4) other appropriate proof.

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

    In determining a person's eligibility for an exemption under 
section 502 or special consideration under section 503, the Attorney 
General--
            (1) shall review the refugee processing documentation for 
        the person, or, in an appropriate case, for the person and the 
        person's spouse, to verify that the requirements of section 502 
        relating to refugee applications and admissions have been 
        satisfied;
            (2) shall consider the documentation submitted by the 
        person under section 504;
            (3) shall request an advisory opinion from the Secretary of 
        Defense regarding the person's, or the person's spouse's, 
        service in a special guerrilla unit, or irregular forces, 
        described in section 502(1)(B) and shall take into account that 
        opinion; and
            (4) may consider any certification prepared by any 
        community advocacy organization or voluntary refugee settlement 
        agency maintaining records with respect to ethnic minority 
        veterans of the Vietnam War or their families from Cambodia or 
        Vietnam.

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

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

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

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

    Section 202 of the Nicaraguan Adjustment and Central American 
Relief Act is amended--
            (1) in the section heading, by striking ``nicaraguans and 
        cubans'' and inserting ``nicaraguans, cubans, salvadorans, 
        guatemalans, hondurans, and haitians'';
            (2) in subsection (a)(1)(A), by striking ``April 1, 2000'' 
        and inserting ``before the expiration of the 3-year period 
        beginning on the date of the enactment of the Restoration of 
        Fairness in Immigration Law Act of 2000''.
            (3) in subsection (b)(1), by striking ``Nicaragua or Cuba'' 
        and inserting ``Nicaragua, Cuba, El Salvador, Guatemala, 
        Honduras, or Haiti'';
            (4) in subsection (d)(1)(E), by striking ``before April 1, 
        2000'' and inserting ``before the expiration of the 3-year 
        period beginning on the date of the enactment of the 
        Restoration of Fairness in Immigration Law Act of 2000''.

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

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

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

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

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

    Section 202 of the Nicaraguan Adjustment and Central American 
Relief Act is amended--
            (1) in subsection (a)(1)(B), by inserting ``and the 
        Attorney General may, in her unreviewable discretion, waive the 
        grounds of inadmissibility specified in section 212(a)(1)(A)(i) 
        and section 212(a)(6)(C) for humanitarian purposes, to assure 
family unity, or when it is otherwise in the public interest'' after 
``apply'';
            (2) in subsection (a), by redesignating paragraph (2) as 
        paragraph (3) and by inserting after paragraph (1) the 
        following:
            ``(2) Inapplicability of certain provisions.--In 
        determining the eligibility of an alien described in subsection 
        (b) or (d) for either adjustment of status under this section 
        or other relief necessary to establish eligibility for such 
        adjustment, the provisions of section 241(a)(5) shall not 
        apply. In addition, an alien who would otherwise be 
        inadmissible pursuant to section 212(a)(9) (A) or (C) may apply 
        for the Attorney General's consent to reapply for admission 
        without regard to the requirement that the consent be granted 
        prior to the date of the alien's reembarkation at a place 
        outside the United States or attempt to be admitted from 
        foreign contiguous territory, in order to qualify for the 
        exception to those grounds of inadmissibility set forth in 
        sections 212(a)(9)(A)(iii) and 212(a)(9)(C)(ii).'';
            (3) in subsection (a), by striking paragraph (3) (as so 
        redesignated) and inserting the following:
            ``(3) Relationship of application to certain orders.--An 
        alien present in the United States who has been ordered 
        excluded, deported, or removed, or ordered to depart 
        voluntarily from the United States under any provision may, 
        notwithstanding such order, apply for adjustment of status 
        under paragraph (1). Such an alien may not be required, as a 
        condition of submitting or granting such application, to file a 
        separate motion to reopen, reconsider, or vacate such order. 
        Such an alien may be required to seek a stay of such an order 
        in accordance with subsection (c) to prevent the execution of 
        that order pending the adjudication of the application for 
        adjustment of status. If the Attorney General denies a stay of 
        a final order of exclusion, deportation, or removal, or if the 
        Attorney General renders a final administrative determination 
        to deny the application for adjustment of status, the order 
        shall be effective and enforceable to the same extent as if the 
        application had not been made. If the Attorney General grants 
        the application for adjustment of status, the Attorney General 
        shall cancel the order.'';
            (4) in subsection (b)(1), by adding at the end the 
        following: ``However, subsection (a) shall not apply to an 
        alien lawfully admitted for permanent residence, unless he or 
        she is applying for such relief in deportation or removal 
        proceedings.'';
            (5) in subsection (c)(1), by adding at the end the 
        following: ``Nothing in this Act shall require the Attorney 
        General to stay the removal of an alien who is ineligible for 
        adjustment of status under this Act.'';
            (6) in subsection (d)--
                    (A) by amending the subsection heading to read 
                ``Spouses, Children, and Unmarried Sons and 
                Daughters.--'';
                    (B) in paragraph (1), by amending the heading to 
                read ``adjustment of status.--'';
                    (C) by striking paragraph (1)(A), and inserting the 
                following:
                    ``(A) the alien entered the United States before 
                the date of the enactment of the Restoration of 
                Fairness in Immigration Law Act of 2000;'';
                    (D) in paragraph (1)(B), by inserting after 
                ``except that'' the following: ``(i) in the case of 
                such a spouse, stepchild, or unmarried stepson or 
                stepdaughter, the qualifying marriage was entered into 
                before the date of the enactment of the Restoration of 
                Fairness in Immigration Law Act of 2000; and (ii)''; 
                and
                    (E) by adding a new paragraph (3) to read as 
                follows:
            ``(3) Eligibility of certain spouses and children for 
        issuance of immigrant visas.--
                    ``(A) In accordance with regulations to be 
                promulgated by the attorney General and the Secretary 
                of State, upon approval of an application for 
                adjustment of status to that of an alien lawfully 
                admitted for permanent residence under subsection (a), 
                an alien who is the spouse or child of the alien being 
                granted such status may be issued a visa for admission 
                to the United States as an immigrant following to join 
                the principal applicant, if the spouse or child--
                            ``(i) meets the requirements in 
                        subparagraphs (B) and (D) of paragraph (1); and
                            ``(ii) applies for such a visa not later 
                        than 3 years after the date of the enactment of 
                        the Restoration of Fairness in Immigration Law 
                        Act of 2000.
                    ``(B) The Secretary of State may retain fees to 
                recover the cost of immigrant visa application 
                processing and issuance for certain spouses and 
                children of aliens whose applications for adjustment of 
                status under subsection (a) have been approved. Such 
                fees--
                            ``(i) shall be deposited as an offsetting 
                        collection to any Department of State 
                        appropriation to recover the cost of such 
                        processing and issuance; and
                            ``(ii) shall be available until expended 
                        for the same purposes of such appropriation to 
                        support consular activities.'';
            (7) in subsection (g), by inserting after ``for permanent 
        residence'' the following: ``or an immigrant classification''; 
        and
    (8) by adding at the end the following:
    ``(i) Admissions.--Nothing in this section shall be construed as 
authorizing an alien to apply for admission to, be admitted to, be 
paroled into, or otherwise lawfully return to the United States, to 
apply for or to pursue an application for adjustment of status under 
this section without the express authorization of the Attorney 
General.''.

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

    Section 902 of the Haitian Refugee Immigration Fairness Act of 1998 
is amended--
            (1) in subsection (a)(1)(B), by inserting after ``apply'' 
        the following: ``and the Attorney General may, in the Attorney 
        General's unreviewable discretion, waive the grounds of 
        inadmissibility specified in sections 212(a)(1)(A)(i) and 
        212(a)(6)(C) of the Immigration and Nationality Act for 
        humanitarian purposes, to assure family unity, or when it is 
        otherwise in the public interest'';
            (2) in subsection (a), by redesignating paragraph (2) as 
        paragraph (3) and by inserting after paragraph (1) the 
        following:
            ``(2) Inapplicability of certain provisions.--In 
        determining the eligibility of an alien described in subsection 
        (b) or (d) for either adjustment of status under this section 
        or other relief necessary to establish eligibility for such 
        adjustment, or for permission to reapply for admission to the 
        United States for the purpose of adjustment of status under 
        this section, the provisions of section 241(a)(5) shall not 
        apply. In addition, an alien who would otherwise be 
        inadmissible pursuant to subparagraph (A) or (C) of section 
        212(a)(9) of the Immigration and Nationality Act may apply for 
        the Attorney General's consent to reapply for admission without 
        regard to the requirement that the consent be granted prior to 
        the date of the alien's reembarkation at a place outside the 
        United States or attempt to be admitted from foreign contiguous 
        territory, in order to qualify for the exception to those 
        grounds of inadmissibility set forth in subparagraphs (A)(iii) 
        and (C)(ii) of section 212(a)(9) of such Act.'';
            (3) in subsection (a), by striking paragraph (3) (as so 
        redesignated) and by inserting the following:
            ``(3) Relationship of application to certain orders.--An 
        alien present in the United States who has been ordered 
        excluded, deported, or removed, or ordered to depart 
        voluntarily from the United States under any provision may, 
        notwithstanding such order, apply for adjustment of status 
        under paragraph (1). Such an alien may not be required, as a 
        condition of submitting or granting such application, to file a 
        separate motion to reopen, reconsider, or vacate such order. 
        Such an alien may be required to seek a stay of such an order 
        in accordance with subsection (c) to prevent the execution of 
        that order pending the adjudication of the application for 
        adjustment of status. If the Attorney General denies a stay of 
        a final order of exclusion, deportation, or removal, or if the 
        Attorney General renders a final administrative determination 
        to deny the application for adjustment of status, the order 
        shall be effective and enforceable to the same extent as if the 
        application had not been made. If the Attorney General grants 
        the application for adjustment of status, the Attorney General 
        shall cancel the order.'';
            (4) in subsection (b)(1), by adding at the end the 
        following: ``However, subsection (a) shall not apply to an 
        alien lawfully admitted for permanent residence, unless he or 
        she is applying for such relief in deportation or removal 
        proceedings.'';
            (5) in subsection (c)(1), by adding at the end the 
        following: ``Nothing in this Act shall require the Attorney 
        General to stay the removal of an alien who is ineligible for 
        adjustment of status under this Act.'';
            (6) in subsection (d)--
                    (A) by amending the subsection heading to read 
                ``Spouses, Children, and Unmarried Sons and 
                Daughters.--'';
                    (B) in paragraph (1), by amending the heading to 
                read ``Adjustment of status.--'';
                    (C) by striking paragraph (1)(A), and inserting the 
                following:
                    ``(A) the alien entered the United States on or 
                before the date of the enactment of the Restoration of 
                Fairness in Immigration Law Act of 2000;'';
                    (D) in paragraph (1)(B), by inserting after 
                ``except that'' the following: ``(i) in the case of 
                such a spouse, stepchild, or unmarried stepson or 
                stepdaughter, the qualifying marriage was entered into 
                before the date of the enactment of the Restoration of 
                Fairness in Immigration Law Act of 2000; and (ii)'';
                    (E) in paragraph (1), by adding at the end the 
                following:
                    ``(E) the alien applies for such adjustment before 
                April 3, 2003.''; and
                    (F) by adding at the end the following:
            ``(3) Eligibility of certain spouses and children for 
        issuance of immigrant visas.--
                    ``(A) In accordance with regulations to be 
                promulgated by the Attorney General and the Secretary 
                of State, upon approval of an application for 
                adjustment of status to that of an alien lawfully 
                admitted for permanent residence under subsection (a), 
                an alien who is the spouse or child of the alien being 
                granted such status may be issued a visa for admission 
                to the United States as an immigrant following to join 
                the principal applicant, if the spouse or child:
                            ``(i) meets the requirements in 
                        subparagraphs (B) and (D) of paragraph (1); and
                            ``(ii) applies for such a visa within a 
                        time period to be established by regulation.
                    ``(B) The Secretary of State may retain fees to 
                recover the cost of immigrant visa application 
                processing and issuance for certain spouses and 
                children of aliens whose applications for adjustment of 
                status under subsection (a) have been approved. Such 
                fees--
                            ``(i) shall be deposited as an offsetting 
                        collection to any Department of State 
                        appropriation to recover the cost of such 
                        processing and issuance; and
                            ``(ii) shall be available until expended 
                        for the same purposes of such appropriation to 
                        support consular activities.'';
            (7) in subsection (g), by inserting after ``for permanent 
        residence'' the following: ``or an immigrant classification''; 
        and
            (8) by redesignating subsections (i), (j), and (k) as 
        subsections (j), (k), and (l) respectively, and by inserting 
        after subsection (h) the following:
    ``(i) Admissions.--Nothing in this section shall be construed as 
authorizing an alien to apply for admission to, be admitted to, be 
paroled into, or otherwise lawfully return to the United States, to 
apply for or to pursue an application for adjustment of status under 
this section without the express authorization of the Attorney 
General.''.

SEC. 516. MOTIONS TO REOPEN.

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

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

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

    (a) In General.--Notwithstanding any provision of title III of the 
Immigration and Nationality Act (8 U.S.C. 1401 et seq.), any woman who 
was a citizen of the United States, lost such citizenship solely 
because the woman married an alien prior to September 22, 1922, and 
died before December 24, 1952, is hereby declared to be a citizen of 
the United States as of the date of the enactment of this Act.
    (b) No Retroactive Effect.--This subtitle may not be construed to 
affect--
            (1) the citizenship of any person other than a woman 
        described in subsection (a); or
            (2) the citizenship before the date of the enactment of 
        this Act of a woman described in subsection (a).

SEC. 522. EQUITY IN TRANSMISSION OF CITIZENSHIP.

    Subsection (d) of section 101 of the Immigration and Nationality 
Technical Corrections Act of 1994 (Public Law 103-416; 8 U.S.C. 1401 
note) is amended to read as follows:
    ``(d) Waiver of Transmission Requirements.--The parental physical 
presence requirement contained in section 301(g) of the Immigration and 
Nationality Act shall not apply to any person born before the date of 
enactment of this Act who claims United States citizenship based on 
such person's descent from an individual described in section 301(h) of 
the Immigration and Nationality Act.''.

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

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

    (a) Aliens Eligible for Adjustment of Status.--The Attorney General 
shall adjust the status of an alien to that of an alien lawfully 
admitted for permanent residence, if the alien--
            (1) is a national of Liberia;
            (2) is eligible to remain in the United States under the 
        provisions of the Deferred Enforcement Departure (DED) Order 
        executed by President William J. Clinton, dated September 27, 
        1999;
            (3) applies for adjustment before September 29, 2002; and
            (4) is otherwise eligible to receive an immigrant visa and 
        is otherwise admissible to the United States for permanent 
        residence, except that, in determining such admissibility, the 
        grounds for inadmissibility specified in paragraphs (4), (5), 
        (6)(A), and (7)(A) of section 212(a) of the Immigration and 
        Nationality Act shall not apply.
    (b) Adjustment of Status for Spouses and Children.--The status of 
an alien shall be adjusted by the Attorney General to that of an alien 
lawfully admitted for permanent residence, if the alien is the spouse 
or child of a Liberian national whose status is adjusted to that of an 
alien lawfully admitted for permanent residence under subsection (a) 
and is otherwise eligible to receive an immigrant visa and is otherwise 
admissible to the United States for permanent residence, except that, 
in determining such admissibility, the grounds for inadmissibility 
specified in paragraphs (4), (5), (6)(A), and (7)(A) of section 212(a) 
of the Immigration and Nationality Act shall not apply.
    (c) Ineligible Aliens.--An alien shall not be eligible for 
adjustment of status under this section if the Attorney General finds 
that the alien has been convicted and sentenced to incarceration in a 
Federal or State correctional facility or penitentiary.
    (d) Relationship of Application to Certain Orders.--A Liberian 
national present in the United States, who is qualified to remain in 
the United States under the Deferred Enforcement Departure Order of 
President William J. Clinton, dated September 27, 1999, who has been 
ordered excluded, deported, removed, or ordered to depart voluntarily 
from the United States under any provision of the Immigration and 
Nationality Act may, notwithstanding such order, apply for adjustment 
of status under subsection (a), if otherwise qualified under that 
subsection. Such a Liberian national may not be required, as a 
condition on submitting or granting such application, to file a 
separate motion to reopen, reconsider, or vacate such order. If the 
Attorney General grants the application, the Attorney General shall 
cancel the order. If the Attorney General makes a final decision to 
deny the application, the order shall be effective and enforceable to 
the same extent as if the application had not been made.
    (e) Availability of Administrative Review.--The Attorney General 
shall provide to applicants for adjustment of status under this Act the 
same right to, and procedures for, administrative review as are 
provided to--
            (1) applicants for adjustment of status under section 245 
        of the Immigration and Nationality Act; or
            (2) aliens subject to removal proceedings under section 240 
        of such Act.
    (f) No Offset in Number of Visas Available.--When an alien is 
granted the status of having been lawfully admitted for permanent 
residence pursuant to this section, the Secretary of State shall not be 
required to reduce the number of immigrant visas authorized to be 
issued under any provision of the Immigration and Nationality Act.
    (g) Stay of Removal.--The Attorney General shall provide by 
regulation for a Liberian national, qualified to benefit under the 
provision of this Act, who is subject to a final order of deportation 
or removal or exclusion to seek a stay of such order based on the 
filing of an application under this Act.
    (h) During Certain Proceedings.--Notwithstanding any provision of 
the Immigration and Nationality Act, the Attorney General shall not 
order a Liberian national to be removed from the United States if the 
Liberian national is in exclusion, deportation, or removal proceedings 
under any provision of such Act and has applied for adjustment of 
status under subsection (a), except where the Attorney General has made 
a final determination to deny the application.
    (i) Work Authorization.--The Attorney General may authorize a 
Liberian national, who has applied for adjustment of status under 
subsection (a), or who has applied for adjustment of status as a spouse 
or child under this Act, to engage in employment in the United States 
during the pendency of such application and may provide the alien with 
an ``employment authorized'' endorsement or other appropriate document 
signifying authorization of employment, except that, if such 
application is pending for a period exceeding 180 days and has not been 
denied, the Attorney General shall authorize such employment.
    (j) Record of Permanent Residence.--Upon approval of the 
application of a Liberian national for adjustment of status under 
subsection (a), the Attorney General shall establish a record of the 
alien's admission for permanent residence as of the date of the alien's 
arrival in the United States.

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

SEC. 541. ELIMINATION OF LIMITATION ON LEGALIZATION LITIGATION.

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

                 Subtitle F--Legal Amnesty Restoration

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

    (a) In General.--Section 249 (8 U.S.C. 1259) is amended--
            (1) in the section heading by striking ``1972'' and 
        inserting ``1986''; and
            (2) in paragraph (a), by striking ``1972'' and inserting 
        ``1986''.
    (b) Clerical Amendment.--The table of sections is amended in the 
item relating to section 249 by striking ``1972'' and inserting 
``1986''.

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

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

    Section 204(f)(2)(A) (8 U.S.C. 1154(f)(2)(A)) is amended--
            (1) by inserting ``(I)'' after ``born''; and
            (2) by inserting after ``subsection,'' the following: 
        ``(II) in the Philippines after 1950 and before November 24, 
        1992, or (III) in Japan after 1950 and before the date of the 
        enactment of this subclause,''.

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

SEC. 601. FINDINGS AND PURPOSES.

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

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

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

 SEC. 603. REMEDYING PROBLEMS WITH IMPLEMENTATION OF THE IMMIGRATION 
              PROVISIONS OF VAWA.

    (a) Effect of Changes in Abusers' Citizenship Status on Self-
Petition.--
            (1) Reclassification.--Section 204(a)(1)(A) (8 U.S.C. 
        1154(a)(1)(A)), as amended by paragraphs (4), (5), and (6) of 
        section 606(c), is amended by adding after clause (vii) the 
        following new clause:
    ``(viii) For the purposes of any petition filed under clause (iii), 
(iv), (v), or (vi), denaturalization, loss or renunciation of 
citizenship, death of the abuser, or changes to the abuser's 
citizenship status after filing of the petition shall not adversely 
affect the approval of the petition and, for approved petitions, shall 
not preclude the classification of the eligible self-petitioning 
spouse, child, or son or daughter as an immediate relative or affect 
the alien's ability to adjust status under subsections (a) and (c) of 
section 245 or obtain status as a lawful permanent resident based on 
the approved self-petition under such clauses.''.
            (2) Loss of status.--Section 204(a)(1)(B) (8 U.S.C. 
        1154(a)(1)(B)), as amended by paragraphs (4) and (5) of section 
        606(d), is amended by adding after clause (v) the following new 
        clause:
    ``(vi)(I) For the purposes of petitions filed or approved under 
clause (ii), (iii), or (iv), loss of lawful permanent resident status 
by a spouse or parent or death of a spouse or parent who was a lawful 
permanent resident after the filing of a petition under that clause 
shall not adversely affect approval of the petition, and, for an 
approved petition, shall not affect the alien's ability to adjust 
status under sections 245(a) and 245(c) or obtain status as a lawful 
permanent resident based on the approved self-petition under such 
clause (ii), (iii), or (iv).
    ``(II) Upon the lawful permanent resident spouse or parent becoming 
a United States citizen through naturalization, acquisition of 
citizenship, or other means, any petition filed with the Immigration 
and Naturalization Service and pending or approved under clause (ii), 
(iii), or (iv) on behalf of an alien who has been battered or subjected 
to extreme cruelty shall be deemed reclassified as a petition filed 
under subparagraph (A) even if the acquisition of citizenship occurs 
after divorce or termination of parental rights.''.
            (3) Definition of immediate relative.--Section 
        201(b)(2)(A)(i) (8 U.S.C. 1154(b)(2)(A)(i)) is amended by 
        adding at the end the following new sentence: ``For purposes of 
        this clause, an alien who has filed a petition under clause 
        (iii), (iv), (v), or (vi) of section 204(a)(1)(A) remains an 
        immediate relative in the event that the United States citizen 
        spouse, parent, son, or daughter loses United States 
        citizenship or dies after the filing of the petition.''.
    (b) Exemption for Battered Immigrant Women Who Entered the United 
States on Fiance Visas From Conditional Residency Status Requirement.--
Section 245(d) (8 U.S.C. 1255(d)) is amended by adding at the end the 
following: ``This subsection shall not apply to aliens who seek 
adjustment of status on the basis of an approved self-petition for 
classification under clause (iii), (iv), (v), or (vi) of section 
204(a)(1)(A) or classification under clause (ii), (iii), or (iv) of 
section 204(a)(1)(B).''.
    (c) Reducing an Abuser's Control Over a Battered Immigrant's 
Immigration Case.--Section 205 (8 U.S.C. 1155) is amended by adding at 
the end the following: ``Whenever a beneficiary of a petition filed 
under section 204 provides the Attorney General with credible evidence 
of battery or extreme cruelty as described in section 216(c)(4)(C), 
204(a)(1)(A), or 204(a)(1)(B), the Attorney General shall adjudicate 
the petition filed under section 204 notwithstanding--
            ``(1) the withdrawal by the petitioner of the petition;
            ``(2) the failure of the petitioner to appear at the 
        interview;
            ``(3) the failure of the petitioner to file an affidavit of 
        support; or
            ``(4) a prior revocation or denial based on withdrawal of, 
        or failure to prosecute, the petition or any other 
        determination based on the petitioner's actions that could 
result or have resulted in the denial or revocation of the petition 
(but for this section).''.
    (d) Requiring Prosecutor Cooperation With Battered Immigrant VAWA 
Applicants.--Section 2101(c) of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3796hh(c)) is amended--
            (1) by striking ``and'' at the end of paragraph (4);
            (2) by striking the period at the end of paragraph (4) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(5) certify that their laws, policies, and practices do 
        not discourage or prohibit prosecutors and law enforcement 
        officers from granting access to information about the 
        citizenship or lawful permanent residency status of a domestic 
        violence perpetrator to the victim, the child, son, or daughter 
        or their advocate so long as release of the information does 
        not jeopardize ongoing prosecution of the abuser.''.
    (e) Allowing Remarriage of Battered Immigrants.--Section 204(h) (8 
U.S.C. 1154(h)) is amended by adding at the end the following new 
sentence: ``Remarriage of an alien whose petition was approved under 
subsection (a)(1)(B)(ii) or (a)(1)(A)(iii) or marriage of an alien 
described in subsection (a)(1)(A)(iv), (a)(1)(A)(vi), (a)(1)(B)(iii), 
or (a)(1)(B)(iv) shall not be the basis for revocation under section 
205.''.

SEC. 604. WAIVERS AND EXCEPTIONS TO INADMISSIBILITY FOR OTHERWISE 
              QUALIFIED BATTERED IMMIGRANTS.

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

 SEC. 605. CALCULATION OF PHYSICAL PRESENCE IN VAWA CANCELLATION OF 
              REMOVAL AND SUSPENSION OF DEPORTATION.

    (a) Cancellation of Removal Proceedings.--Section 240A(d)(1) (8 
U.S.C. 1229b(d)(1)), as amended by section 205, is further amended by 
adding at the end the following: ``In the case of an alien applying for 
cancellation of removal under subsection (b)(2), the Attorney General 
may waive the provisions of this subsection for humanitarian purposes, 
to assure family unity, or when it is otherwise in the public interest, 
if the alien demonstrates that the absences were connected to the 
battery or extreme cruelty forming the basis of the application for 
cancellation of removal under such subsection.''.
    (b) Suspension of Deportation Proceedings.--With respect to 
applications filed under section 244(a)(3) of the Immigration and 
Nationality Act (as in effect before the title III-A effective date, as 
defined in section 309(a) of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (division C of Public Law 104-208; 
110 Stat. 3009-625)) (8 U.S.C. 1254(a)(3)), the Attorney General may 
waive the physical presence requirement for humanitarian purposes, to 
assure family unity, or when it is otherwise in the public interest if 
the alien demonstrates that the absences were connected to the battery 
or extreme cruelty forming the basis of the application for suspension 
of deportation.

SEC. 606. IMPROVED ACCESS TO VAWA IMMIGRATION PROTECTIONS FOR BATTERED 
              IMMIGRANT WOMEN.

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

 SEC. 607. IMPROVED ACCESS TO VAWA CANCELLATION OF REMOVAL.

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

 SEC. 608. GOOD MORAL CHARACTER DETERMINATIONS.

    (a) Determinations of Good Moral Character for Self-Petitioning 
Immediate Relatives.--Section 204(a)(1)(A) (8 U.S.C. 1154(a)(1)(A)), as 
amended by sections 606(c) and 603(a)(1), is further amended by adding 
after clause (viii) at the end the following new clause:
    ``(ix) For the purposes of making good moral character 
determinations under this subparagraph, the Attorney General is not 
limited by the criminal court record and may make a finding of good 
moral character notwithstanding the existence of a disqualifying act or 
criminal conviction in the case of an alien who otherwise qualifies for 
relief under clause (iii), (iv), (v), or (vi), but who committed, was 
arrested for, has been convicted of, or who pled guilty to--
            ``(I) violating a court order issued to protect the alien;
            ``(II) prostitution if the alien was forced into 
        prostitution by an abuser;
            ``(III) a domestic violence-related crime, if the Attorney 
        General determines that the alien acted in self-defense; or
            ``(IV) a crime where there was a connection between the 
        commission of the crime and having been battered or subjected 
        to extreme cruelty.''.
    (b) Determinations of Good Moral Character for Self-Petitioners 
Seeking Second Preference Immigration Status.--Section 204(a)(1)(B) (8 
U.S.C. 1154(a)(1)(B)), as amended by sections 606(d) and 603(a)(2), is 
further amended by adding after clause (vi) the following new clause:
    ``(vii) For the purposes of making good moral character 
determinations under this subparagraph, the Attorney General is not 
limited by the criminal court record and may make a finding of good 
moral character notwithstanding the existence of a disqualifying act or 
criminal conviction in the case of an alien who otherwise qualifies for 
relief under clause (ii), (iii), or (iv), but who committed, was 
arrested for, has been convicted of, or who pled guilty to--
            ``(I) violating a court order issued to protect the alien;
            ``(II) prostitution if the alien was forced into 
        prostitution by an abuser;
            ``(III) a domestic violence-related crime, if the Attorney 
        General determines that the alien acted in self-defense; or
            ``(IV) a crime where there was a connection between the 
        commission of the crime and having been battered or subjected 
        to extreme cruelty.''.
    (c) Determinations of Good Moral Character in VAWA Cancellation of 
Removal Proceedings.--Section 240A(b)(2) (8 U.S.C. 1229b(b)(2)), as 
amended by section 607(a), is further amended by adding at the end the 
following new subparagraph:
                    ``(D) Good moral character determinations.--For the 
                purposes of making good moral character determinations 
                under this subsection, the Attorney General is not 
                limited by the criminal court record and may make a 
                finding of good moral character notwithstanding the 
                existence of a disqualifying act or criminal conviction 
                in the case of an alien who has been battered or 
subjected to extreme cruelty but who committed, was arrested for, has 
been convicted of, or who pled guilty to--
                            ``(i) violating a court order is sued to 
                        protect the alien;
                            ``(ii) prostitution if the alien was forced 
                        into prostitution by an abuser;
                            ``(iii) a domestic violence-related crime 
                        if the Attorney General determines that the 
                        alien acted in self-defense; or
                            ``(iv) committing a crime where there was a 
                        connection between the commission of the crime 
                        and having been battered or subjected to 
                        extreme cruelty.''.
    (d) Determinations Under Suspension of Deportation.--For the 
purposes of making good moral character determinations under section 
244(a)(3) of the Immigration and Nationality Act (as in effect before 
the enactment of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996) (8 U.S.C. 1254(a)(3)), the Attorney General 
is not limited by the criminal court record and may make a finding of 
good moral character notwithstanding the existence of a disqualifying 
act or criminal conviction in the case of an alien who has been 
battered or subjected to extreme cruelty but who committed, was 
arrested for, has been convicted of, or who pled guilty to--
            (1) violating a court order issued to protect the alien;
            (2) prostitution if the alien was forced into prostitution 
        by an abuser;
            (3) a domestic violence-related crime if the Attorney 
        General determines that the alien acted in self-defense; or
            (4) committing a crime where there was a connection between 
        the commission of the crime and having been battered or 
        subjected to extreme cruelty.

SEC. 609. ECONOMIC SECURITY FOR BATTERED IMMIGRANT WOMEN.

    (a) Nonapplicability of Special Rules Relating to the Treatment of 
Non-213A Aliens.--Section 408(f)(6) of the Social Security Act (42 
U.S.C. 608(f)(6)) is amended--
            (1) in subparagraph (B), by striking ``or'' at the end;
            (2) in subparagraph (C), by striking the period and 
        inserting ``; or''; and
            (3) by adding at the end the following:
                    ``(D) described in section 421(f) of the Personal 
                Responsibility and Work Opportunity Reconciliation Act 
                of 1996 (8 U.S.C. 1631(f)) but for the fact that the 
                individual is a non-213A alien.''.
    (b) Public Charge.--Section 212(a)(4) (8 U.S.C. 1182(a)(4)), as 
amended by section 341, is further amended by adding at the end the 
following new subparagraph:
                    ``(C) Exception.--The following aliens are not 
                subject to public charge determinations under this 
                paragraph:
                            ``(i) An alien who qualifies for 
                        classification as a spouse, parent, child, son, 
                        or daughter of a United States citizen or 
                        lawful permanent resident under clause (iii), 
                        (iv), (v), or (vi) of section 204(a)(1)(A) or 
                        clause (ii), (iii), or (iv) of section 
                        204(a)(1)(B).
                            ``(ii) An alien who qualifies for 
                        classification under clause (i) or (ii) of 
                        section 204(a)(1)(A) or section 204(a)(1)(B)(i) 
                        and who presents credible evidence of having 
                        been battered or subjected to extreme cruelty 
                        by their United States citizen or lawful 
                        permanent resident spouse, parent, son, or 
                        daughter. In the case of alien sons or 
                        daughters, one or more incidents of battering 
                        or extreme cruelty must have occurred before 
                        the alien turned 21 years of age. This clause 
                        shall apply whether or not an affidavit of 
                        support has been filed on the alien's behalf.
                            ``(iii) An alien who qualifies for status 
                        as a spouse, parent, child, son, or daughter of 
                        a United States citizen or lawful permanent 
                        resident, or as a parent of a child of a United 
                        States citizen or lawful permanent resident, 
                        pursuant to section 240A(b)(2) or section 
                        244(a)(3) (as in effect before the date of 
                        enactment of the Illegal Immigration Reform and 
                        Immigrant Responsibility Act of 1996).
                            ``(iv) Any child (as defined in paragraph 
                        (1) or (6) of section 101(b)) included in the 
                        application of an alien described in clause 
                        (i), (ii), or (iii).''.
    (c) Waiver of Filing Fees.--
            (1) Petitions for classification.--Section 204(a)(1) (8 
        U.S.C. 1154(a)(1)), as amended by section 606(c), is further 
        amended by adding at the end the following new subparagraph:
    ``(I) No fee shall be charged for the filing or processing of any 
application under clause (iii), (iv), (v), or (vi) of subparagraph (A) 
or clause (ii), (iii), or (iv) of subparagraph (B), or the first 
application for work authorization filed by an applicant under such a 
clause.''.
            (2) Cancellations of removal.--Section 240A(b)(2) (8 U.S.C. 
        1229b), as amended by sections 607(a) and 608(c), is further 
        amended by adding at the end the following new subparagraph:
                    ``(E) Prohibition of charging fees.--No fee shall 
                be charged for the filing or processing of any 
                application under this paragraph or the first 
                application for work authorization filed by applicants 
                under this paragraph.''.
            (3) Suspension of deportation.--No fee shall be charged for 
        the filing or processing of any application under section 
        244(a)(3) of the Immigration and Nationality Act (as in effect 
        before the date of enactment of the Illegal Immigration Reform 
        and Immigrant Responsibility Act of 1996) (8 U.S.C. 
        1254(a)(3)), or the first application for work authorization 
        filed by applicants under such section.
    (d) Access to Food Stamps and SSI for Qualified Battered Aliens.--
Section 402(a)(2) of the Personal Responsibility and Work Opportunity 
Reconciliation Act of 1996 (8 U.S.C. 1612(a)(2)) is amended by adding 
at the end the following:
                    ``(L) Exception for certain battered aliens.--With 
                respect to eligibility for benefits for the specified 
                Federal program (as defined in paragraph (3)), 
                paragraph (1) shall not apply to any individual 
                described in section 431(c).''.
    (e) Exemption From 5-Year Ban.--Section 403(b) of the Personal 
Responsibility and Work Opportunity Act of 1996 (8 U.S.C. 1613(b)) is 
amended by adding at the end the following:
            ``(3) Battered immigrants.--An alien described in section 
        431(c).''.
    (f) Access to Housing for Battered Women and Qualified 
Immigrants.--(1) Section 214 of the Housing and Community Development 
Act of 1980 (42 U.S.C. 1436a) is amended--
            (A) in subsection (a), in the matter before paragraph (1), 
        by striking ``a resident of the United States and is'';
            (B) in paragraphs (1) through (6) of subsection (a), by 
        inserting ``a resident of the United States and is'' before 
        ``an alien'' each place it appears;
            (C) in subsection (a)(5), by striking ``or'' at the end;
            (D) in subsection (a)(6), by striking the period and 
        inserting ``; or'';
            (E) by adding at the end of subsection (a) the following 
        new paragraph:
            ``(7) a qualified alien as described in section 431 of the 
        Personal Responsibility and Work Opportunity Reconciliation Act 
        of 1996 (8 U.S.C. 1641).'';
            (F) in subsection (b)(2), by adding at the end the 
        following: ``Proration shall not apply in the case of a 
        qualified alien as described in section 431 of the Personal 
        Responsibility and Work Opportunity Reconciliation Act of 1996 
        (8 U.S.C. 1641).'';
            (G) in subsection (c)(1)(A), by adding at the end the 
        following: ``Proration shall not apply in the case of a 
        qualified alien as described in section 431 of the Personal 
        Responsibility and Work Opportunity Reconciliation Act of 1996 
        (8 U.S.C. 1641).'';
            (H) in subsection (c)(1)(A), by striking ``paragraphs (1) 
        through (6)'' and inserting ``paragraphs (1) through (7)'';
            (I) in subsection (c)(2)(A), by inserting ``(other than a 
        qualified alien as described in section 431(c) of the Personal 
        Responsibility and Work Opportunity Reconciliation Act of 1996 
        (8 U.S.C. 1641(c)))'' after ``any alien''; and
            (J) in subsection (d)(1)(B), by inserting before the period 
        ``, including a qualified alien as described in section 431 of 
        the Personal Responsibility and Work Opportunity Reconciliation 
        Act of 1996 (8 U.S.C. 1641)''.
    (2) Section 401 of the Personal Responsibility and Work Opportunity 
Reconciliation Act of 1996 (8 U.S.C. 1611) is amended by adding at the 
end the following new subsection:
    ``(d) Access to Shelter and Services for Battered Immigrants.--
Notwithstanding any other provision of law, no private, government, or 
nonprofit organization providing shelter or services to battered women, 
abused children, or providing any other services listed in subsection 
(b) that receives any Federal funds shall deny, restrict, or condition 
assistance to any applicant based on alienage.''.
    (g) Clarifying Welfare Reporting Requirements for Benefit 
Applicants.--The Social Security Act (42 U.S.C. 301 et seq.) is 
amended--
            (1) in section 411(a)(1) (42 U.S.C. 611(a)(1)), by adding 
        at the end the following new subparagraph:
                    ``(C) Information on immigration status.--
                Collection of information about, and inquiries into, 
                the immigration status of an individual who is a parent 
                applying on behalf of his or her child who is a United 
                States citizen or a qualified alien (as defined in 
                section 431 of the Personal Responsibility and Work 
                Opportunity Reconciliation Act of 1996) for assistance 
                under the State program funded under this part, shall 
                not be made if the individual is not applying for 
                benefits for themselves, whether or not the individual 
                is determined, under Federal or State law, to be part 
                of a family unit receiving assistance under that 
                program.''; and
            (2) in section 1631(e)(9) (42 U.S.C. 1383(e)(9)), by adding 
        at the end the following: ``Collection of information about, 
        and inquiries into, the immigration status of an individual who 
        is a parent applying on behalf of his or her child who is a 
        United States citizen or a qualified alien (as defined in 
        section 431 of the Personal Responsibility and Work Opportunity 
        Reconciliation Act of 1996) for benefits under this title (or 
        for benefits supplemented by a State with an agreement under 
        section 1616), shall not be made if the individual is not 
        applying for benefits for themselves, whether or not the 
        individual is determined, under Federal or State law, to be 
        part of a family unit receiving such benefits.''.
    (h) Conforming Definition of ``Family'' Used in Laws Granting 
Welfare Access for Battered Immigrants to State Family Law.--Section 
431(c) of the Personal Responsibility and Work Opportunity 
Reconciliation Act of 1996 (8 U.S.C. 1641(c)) is amended--
            (1) in paragraph (1)(A), by striking ``by a spouse or a 
        parent, or by a member of the spouse or parent's family 
        residing in the same household as the alien and the spouse or 
        parent consented to, or acquiesced in, such battery or 
        cruelty,'' and inserting ``by a spouse or parent, or by any 
        individual having a relationship with the alien covered by the 
        civil or criminal domestic violence statutes of the State or 
        Indian country where the alien resides, or the State or Indian 
        country in which the alien, the alien's child, or the alien 
        child's parents received a protection order, or by any 
        individual against whom the alien could obtain a protection 
        order,''; and
            (2) in paragraph (2)(A), by striking ``by a spouse or 
        parent of the alien (without the active participation of the 
        alien in the battery or cruelty), or by a member of the spouse 
        or parent's family residing in the same household as the alien 
        and the spouse or parent consented or acquiesced to such 
        battery or cruelty,'' and inserting ``by a spouse or parent of 
        the alien (without the active participation of the alien in the 
        battery or cruelty) or by any person having a relationship with 
        the alien covered by the civil or criminal domestic violence 
        statutes of the State or Indian country where the alien 
        resides, or the State or Indian country in which the alien, the 
        alien's child or the alien child's parent received a protection 
        order, or by any individual against whom the alien could obtain 
        a protection order,''.
    (i) Expansion of Definition of Battered Immigrants.--
            (1) In general.--Section 431(c) of the Personal 
        Responsibility and Work Opportunity Reconciliation Act of 1996 
        (8 U.S.C. 1641(c)) is amended--
                    (A) in paragraphs (1)(A), (2)(A), and (3)(A) by 
                inserting ``or the benefits to be provided would 
                alleviate the harm from such battery or cruelty or 
                would enable the alien to avoid such battery or cruelty 
                in the future'' before the semicolon; and
                    (B) in the matter following paragraph (3), by 
                inserting ``and for determining whether the benefits to 
                be provided under a specific Federal, State, or local 
                program would alleviate the harm from such battery or 
                extreme cruelty or would enable the alien to avoid such 
                battery or extreme cruelty in the future'' before the 
                period.
            (2) Conforming amendment regarding sponsor deeming.--
        Section 421(f) of such Act (8 U.S.C. 1631(f)(1)) is amended--
                    (A) in subparagraph (A), by inserting ``or would 
                alleviate the harm from such battery or extreme 
                cruelty, or would enable the alien to avoid such 
                battery or extreme cruelty in the future'' before the 
                semicolon; and
                    (B) in subparagraph (B), by inserting ``or would 
                alleviate the harm from such battery or extreme 
                cruelty, or would enable the alien to avoid such 
                battery or extreme cruelty in the future'' before the 
                period.
    (j) Ensuring That Battered Immigrants Have Access to Food Stamps 
and SSI.--
            (1) Qualifying quarters.--Section 435(2) of the Personal 
        Responsibility and Work Opportunity Reconciliation Act of 1996 
        (8 U.S.C. 1645(2)) is amended by striking ``and the alien 
        remains married to such spouse or such spouse is deceased'' and 
        inserting ``if such spouse is deceased or if the alien remains 
        married to such spouse (except that qualified aliens covered by 
        section 431(c) may continue after divorce to count the 
        qualifying quarters worked by their spouse during the 
        marriage)''.
            (2) Food stamps access for battered immigrant qualified 
        aliens and their children.--Section 7 of the Food Stamp Act of 
        1977 (7 U.S.C. 2016) is amended by adding at the end the 
        following:
    ``(k) Battered Immigrant Qualified Alien Eligibility for Food 
Stamps.--Qualified alien battered immigrants under section 431(c) of 
the Personal Responsibility and Work Opportunity Reconciliation Act of 
1996 and their children are eligible to receive food stamps.''.
    (k) Technical Corrections to Qualified Alien Definition for 
Battered Immigrants.--Section 431(c)(1)(B) of the Personal 
Responsibility and Work Opportunity Reconciliation Act of 1996 (8 
U.S.C. 1641(c)(1)(B)) is amended--
            (1) in clause (i), by striking ``clause (ii), (iii), or 
        (iv)'' and inserting ``clause (ii), (iii), (iv), (v), or 
        (vi)'';
            (2) in clause (ii), by striking ``clause (ii) or (iii)'' 
        and inserting ``clause (i), (ii), (iii), or (iv)''; and
            (3) by amending clause (iii) to read as follows:
                            ``(iii) suspension of deportation under 
                        section 244(a)(3) of the Immigration and 
                        Nationality Act (as in effect before the date 
                        of the enactment of the Illegal Immigration 
                        Reform and Immigrant Responsibility Act of 
                        1996).''.

SEC. 610. ACCESS TO LEGAL REPRESENTATION AND SERVICES FOR BATTERED 
              IMMIGRANTS.

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

SEC. 611. VIOLENCE AGAINST WOMEN ACT TRAINING FOR INS OFFICERS, 
              IMMIGRATION JUDGES, AND CIVIL AND CRIMINAL COURT JUSTICE 
              SYSTEM PERSONNEL.

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

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

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

SEC. 612. PROTECTION FOR CERTAIN CRIME VICTIMS INCLUDING CRIMES AGAINST 
              WOMEN.

    (a) Findings and Purpose.--
            (1) Findings.--
                    (A) Trafficking of humans, particularly women and 
                children, is denounced by the international community 
                as an egregious human rights violation perpetuated 
                increasingly by organized and sophisticated criminal 
                enterprises.
                    (B) Trafficking to place persons in forced labor, 
                servitude, or in slavery-like conditions has been 
                identified as a multinational crime problem of growing 
                severity with increasing ties to internal organized 
                crime. Traffickers recruit and transport persons, 
                especially women and children, to the United States in 
                order to exploit them under horrific conditions through 
                the use of force, violence, debt bondage, or other 
                coercive tactics.
                    (C) Similarly, immigrant women and children are 
                often targeted to be victims of crimes committed 
                against them in the United States, including rape, 
                torture, incest, battery or extreme cruelty, sexual 
                assault, female genital mutilation, forced 
                prostitution, being held hostage or other violent 
                crimes. All women and children who are victims of 
                trafficking, domestic violence, sexual assault, being 
                held hostage, and other human rights violations 
                committed against them in the United States must be 
                able to report these crimes to law enforcement and 
                fully participate in the criminal prosecution of their 
                abusers.
            (2) Purpose.--
                    (A) The purpose of this section is to create a new 
                nonimmigrant visa classification that will strengthen 
                the ability of law enforcement agencies to detect, 
                investigate, and prosecute cases of trafficking of 
                aliens, while offering protection to victims of such 
                offenses in keeping with the humanitarian interests of 
                the United States.
                    (B) Creating a new nonimmigrant visa classification 
                will facilitate the reporting of violations to law 
                enforcement officials by exploited aliens who are not 
                in a lawful immigration status. It also gives law 
                enforcement officials a means to regularize the status 
                of cooperating individuals during investigations, 
                prosecutions, and civil law enforcement proceedings. By 
                providing temporary legal status to aliens who have 
                been severely victimized by trafficking or similar 
                egregious offenses, it also reflects the humanitarian 
                interests of the United States.
                    (C) Finally, this section gives the Attorney 
                General discretion to convert such nonimmigrants to 
                permanent resident status when it is justified on 
                humanitarian grounds, to assure family unity, or when 
                it is otherwise in the public interest.
    (b) Establishment of Humanitarian/Material Witness Nonimmigrant 
Classification.--Section 101(a)(15) (8 U.S.C. 1101(a)(15)), as amended 
by section 301(a), is further amended--
            (1) by striking ``or'' at the end of subparagraph (S);
            (2) by striking the period at the end of subparagraph (T) 
        and inserting ``; or''; and
            (3) by adding at the end the following new subparagraph:
            ``(U) subject to section 214(o), an alien (and the spouse, 
        children, and parents of the alien if accompanying or following 
        to join the alien) who files an application for status under 
        this subparagraph, if the Attorney General determines that--
                    ``(i) the alien possesses material information 
                concerning criminal or other unlawful activity;
                    ``(ii) the alien is willing to supply or has 
                supplied such information to Federal or State law 
                enforcement officials or a Federal or State 
                administrative agency investigating or bringing an 
                enforcement action;
                    ``(iii) the alien would be helpful, were the alien 
                to remain in the United States, to a Federal or State 
                investigation or prosecution of criminal or other 
                unlawful activity; and
                    ``(iv) the alien (or a child of the alien) has 
                suffered substantial physical or mental abuse as a 
                result of the criminal or other unlawful activity.''.
    (c) Conditions for Admission.--
            (1) Numerical limitations, period of admission, etc.--
        Section 214 (8 U.S.C. 1184), as amended by section 132, is 
        further amended by adding at the end the following new 
        subsection:
    ``(o)(1) The number of aliens who may be provided a visa as 
nonimmigrants under section 101(a)(15)(U) in any fiscal year may not 
exceed 2,000.
    ``(2) The period of admission of an alien as such a nonimmigrant 
may not exceed 3 years and such period may not be extended.
    ``(3) As a condition for the admission (or the provision of 
status), and continued stay in lawful status, of an alien as such a 
nonimmigrant, the alien--
            ``(A) may not be convicted of any criminal offense 
        punishable by a term of imprisonment of 1 year or more after 
        the date of such admission (or obtaining such status); and
            ``(B) shall abide by any other condition, limitation, or 
        restriction imposed by the Attorney General.
    ``(4) The provisions of section 204(a)(1)(H) shall apply to 
applications to obtain nonimmigrant status under section 101(a)(15)(U). 
Credible evidence to meet the conditions described in clauses (i), 
(ii), or (iii) of section 101(a)(15)(U) may include certification from 
a Federal or State law enforcement officer or prosecutor or a Federal 
or State official responsible for bringing enforcement actions that the 
alien is willing to cooperate or has cooperated in a criminal or civil 
court action or investigation or Federal or State administrative agency 
enforcement action or investigation.''.
            (2) Prohibition of change of nonimmigrant classification.--
        Section 248(1) (8 U.S.C. 1258(1)) is amended by striking ``or 
        (S)'' and inserting ``(S), or (U)''.
    (d) Adjustment to Permanent Resident Status.--
            (1) In general.--Section 245 (8 U.S.C. 1255) is amended by 
        adding at the end the following new subsection:
    ``(l)(1) The Attorney General may adjust the status of an alien 
admitted into the United States (or otherwise provided nonimmigrant 
status) under section 101(a)(15)(U) (and a spouse, child, or parents 
admitted under such section) to that of an alien lawfully admitted for 
permanent residence if--
            ``(A) in the opinion of the Attorney General, the alien's 
        continued presence in the United States is justified on 
        humanitarian grounds, to assure family unity, or is otherwise 
        in the public interest; and
            ``(B) the alien is not described in subparagraph (A)(i)(I), 
        (A)(ii), (A)(iii), (C), or (E) of section 212(a)(3).
    ``(2) When an alien is granted the status of having been lawfully 
admitted for permanent residence pursuant to this section, the 
Secretary of State shall not be required to reduce the number of 
immigrant visas authorized to be issued under any provision of this 
Act.''.
            (2) Exclusive means of adjustment.--Section 245(c)(5) (8 
        U.S.C. 1255(c)(5)) is amended by striking ``sections 
        101(a)(15)(S),'' and inserting ``subparagraph (S) or (U) of 
        section 101(a)(15)''.

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

    The last sentence of the first section of Public Law 89-732 
(November 2, 1966; 8 U.S.C. 1255 note) is amended by striking the 
period at the end the following: ``, except that such spouse or child 
who has been battered or subjected to extreme cruelty may adjust to 
permanent resident status under this Act without demonstrating that he 
or she is residing with the Cuban spouse or parent in the United 
States. In acting on applications under this section with respect to 
spouses or children who have been battered or subjected to extreme 
cruelty, the Attorney General shall apply the provisions of section 
204(a)(1)(H) of the Immigration and Nationality Act.''.

SEC. 614. ACCESS TO THE NICARAGUAN AND CENTRAL AMERICAN RELIEF ACT FOR 
              BATTERED SPOUSES AND CHILDREN.

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

SEC. 615. ACCESS TO THE HAITIAN REFUGEE IMMIGRATION FAIRNESS ACT OF 
              1998 FOR BATTERED SPOUSES AND CHILDREN.

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

           TITLE VII--UNUSED EMPLOYMENT-BASED IMMIGRANT VISAS

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

    (a) In General.--Notwithstanding any other provision of law, the 
number of employment-based visas (as defined in subsection (c)) made 
available for a fiscal year (beginning with fiscal year 2001) shall be 
increased by the number described in subsection (b). Visas made 
available under this section shall only be available in a fiscal year 
to employment-based immigrants under paragraph (1), (2), or (3) of 
section 203(b) of the Immigration and Nationality Act.
    (b) Number Available.--
            (1) In general.--Subject to paragraph (2), the number 
        described in this subsection is the difference between the 
        number of employment-based visas that were made available in 
        fiscal year 1999 and 2000 and the number of such visas that 
        were actually used in such fiscal years.
            (2) Reduction.--The number described in paragraph (1) shall 
        be reduced, for each fiscal year after fiscal year 2001, by the 
        cumulative number of immigrant visas made available under 
        subsection (a) for previous fiscal years.
            (3) Construction.--Nothing in this subsection shall be 
        construed as affecting the application of section 201(c)(3)(C) 
        of the Immigration and Nationality Act (8 U.S.C. 
        1151(c)(3)(C)).
    (c) Employment-Based Visas Defined.--For purposes of this section, 
the term ``employment-based visa'' means an immigrant visa which is 
issued pursuant to the numerical limitation under section 203(b) of the 
Immigration and Nationality Act (8 U.S.C. 1153(b)).

                  TITLE VIII--MISCELLANEOUS PROVISIONS

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

    (a) Delegation of Powers and Duties of Attorney General to Board.--
Section 103(a) (8 U.S.C. 1103(a)) is amended--
            (1) by redesignating the second paragraph (8) and paragraph 
        (9) as paragraphs (9) and (10), respectively; and
            (2) by adding at the end the following:
    ``(11) The United States Board of Immigration Appeals of the 
Department of Justice shall be charged with any and all 
responsibilities and authority in the administration of this title or 
title II which are conferred upon the Attorney General as may be 
delegated to the Board by the Attorney General or which may be 
prescribed by the Attorney General.''.
    (b) Definitions.--Section 101(b)(4) (8 U.S.C. 1101(b)(4)) is 
amended--
            (1) by inserting ``(A)'' after ``(4)''; and
            (2) by adding at the end the following:
    ``(B) The term `United States appellate immigration judge' means an 
attorney whom the Attorney General appoints as a member of the United 
States Board of Immigration Appeals within the Executive Office for 
Immigration Review, qualified to conduct specified classes of appellate 
proceedings. A United States appellate immigration judge shall be 
subject to such supervision and shall perform such duties as the 
Attorney General shall prescribe, but shall not be employed by the 
Immigration and Naturalization Service.''.

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

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

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

    (a) In General.--Section 642 of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1373) is repealed.
    (b) Verification of Eligibility for Federal Public Benefits.--
Section 432 of the Personal Responsibility and Work Opportunity 
Reconciliation Act of 1996 (8 U.S.C. 1642) is repealed.

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

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

SEC. 805. PAROLE AUTHORITY.

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

SEC. 806. ENHANCED BORDER PATROL RECRUITMENT AND RETENTION.

    (a) In General.--
            (1) GS-11 classification.--Any Border Patrol agent 
        classified as a GS-1896 position who completes a 1-year period 
        of service at a GS-9 grade and whose current rating of record 
        is fully successful or higher shall be classified at a GS-11 
        grade and receive pay at the minimum rate of basic pay for a 
        GS-11 position.
            (2) Nonreduction.--Paragraph (1) shall not be construed 
        to--
                    (A) limit or reduce the rate of pay of any Border 
                Patrol agent; or
                    (B) reclassify a Border Patrol agent at a lower 
                classification of position.
    (b) Office of Border Patrol Recruitment and Retention.--
            (1) Establishment.--Not later than 90 days after the date 
        of enactment of this Act, the Commissioner of the Immigration 
        and Naturalization Service shall establish an Office of Border 
        Patrol Recruitment and Retention within the Immigration and 
        Naturalization Service.
            (2) Functions.--The Office of Border Patrol Recruitment and 
        Retention shall--
                    (A) develop outreach programs to identify and 
                recruit prospective Border Patrol agents;
                    (B) develop programs to retain Border Patrol 
                agents; and
                    (C) submit recommendations to the Commissioner of 
                the Immigration and Naturalization Service relating to 
                pay and benefits of Border Patrol agents.
            (3) Report to congress.--Not later than 150 days after the 
        date of enactment of this Act, the Commissioner of the 
        Immigration and Naturalization Service shall submit a report to 
        the Congress on the establishment and activities of the Office 
        of Border Patrol Recruitment and Retention.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated $50,000,000 for fiscal year 2000 and such sums as may be 
necessary for each fiscal year thereafter to carry out this section.

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

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

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

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

                       TITLE IX--EFFECTIVE DATES

SEC. 901. GENERAL EFFECTIVE DATE.

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

SEC. 902. OTHER EFFECTIVE DATES.

    (a) Title I.--
            (1) Section 101.--The amendment made by section 101 shall 
        take effect on the date of the enactment of this Act and shall 
        apply to determinations pending on or after such date with 
        respect to which--
                    (A) a final administrative decision has been not 
                been rendered as of such date; or
                    (B) such a decision has been rendered but the 
                period for seeking judicial review of the decision has 
                not expired.
            (2) Section 102.--The amendments made by section 102 shall 
        take effect on the date of the enactment of this Act and shall 
        apply to petitions for review of determinations of the Attorney 
        General made on or after such date.
            (3) Section 103.--The amendment made by section 103 shall 
        take effect on the date of the enactment of this Act and shall 
        apply to aliens who are in custody on or after such date.
            (4) Sections 104 and 105.--The amendments made by sections 
        104 and 105 shall take effect on the date of the enactment of 
        this Act and shall apply to petitions for review filed on or 
        after such date.
            (5) Section 106.--The amendment made by section 106 shall 
        take effect on the date of the enactment of this Act and shall 
        apply to appeals from denial of a request for an order of 
        voluntary departure, and requests for a stay of an alien's 
        removal pending consideration of any claim with respect to 
        voluntary departure, filed on or after such date.
            (6) Section 107.--The amendment made by section 107 shall 
        take effect on the date of the enactment of this Act and shall 
        apply to cases in which a final order of exclusion or 
        deportation is entered on or after the date of the enactment of 
        this Act.
            (7) Section 111.--The amendments made by section 111 shall 
        take effect on the date of the enactment of this Act and shall 
        apply to removal proceedings pending on or after such date.
            (8) Section 112.--The amendment made by section 112 shall 
        take effect on the date of the enactment of this Act and shall 
        apply to applications for admission pending on or after such 
        date.
            (9) Section 131.--
                    (A) In general.--The amendment made by section 
                131(a) shall take effect 120 days after the date of the 
                enactment of this Act.
                    (B) Deadline for regulations.--Proposed regulations 
                with respect to the amendment made by section 131(a) 
                shall be promulgated not later than 30 days after the 
                date of the enactment of this Act.
                    (C) Appointments.--Members of the Board of Visa 
                Appeals under section 225 of the Immigration and 
                Nationality Act (as inserted by section 131(a) of this 
                Act) shall be appointed not later than 120 days after 
                the date of the enactment of this Act.
    (b) Title II.--
            (1) Section 201.--The amendments made by section 201 shall 
        take effect on the date of the enactment of this Act and shall 
        apply to applications pending on or after such date with 
        respect to which no final administrative decision has been 
        rendered.
            (2) Section 202.--
                    (A) Subsection (a).--The amendment made by section 
                202(a) shall apply to offenses committed on or after 
                the date of the enactment of this Act.
                    (B) Subsections (b) and (c).--The amendments made 
                by subsections (b) and (c) of section 202 shall apply 
                to convictions entered on or after April 24, 1996.
                    (C) Subsection (d).--The amendment made by section 
                202(d) shall apply to convictions entered on or after 
                the date of the enactment of this Act.
            (3) Section 203.--The amendments made by section 203 shall 
        take effect on the date of the enactment of this Act and shall 
        apply to convictions and sentences entered on or after such 
        date.
            (4) Section 204.--The amendment made by section 204 shall 
        apply to convictions entered on or after the date of the 
        enactment of this Act.
            (5) Sections 206 and 207.--The amendments made by sections 
        206(a) and 207 shall take effect on the date of the enactment 
        of this Act and shall apply to aliens in removal proceedings on 
        or after April 1, 1997.
            (6) Sections 211 and 214.--The amendments made by sections 
        211 and 214 shall apply to determinations of inadmissibility 
        made on or after April 1, 1997.
            (7) Section 212.--The amendments made by section 212 shall 
        apply to aliens who obtain the status of a nonimmigrant under 
        section 101(a)(15)(F) of the Immigration and Nationality Act 
        after the end of the 60-day period beginning on September 30, 
        1996, including aliens whose status as such a nonimmigrant is 
        extended after the end of such period.
            (8) Section 213.--The amendments made by section 213 shall 
        apply to representations made on or after September 30, 1996.
    (c) Title III.--
            (1) Section 301.--The amendments made by section 301 shall 
        take effect on the date of the enactment of this Act and shall 
        apply to an alien who is the beneficiary of a classification 
        petition filed under section 204 before, on, or after such 
        date.
            (2) Section 302.--The amendment made by section 302 shall 
        take effect on the date of the enactment of this Act and shall 
        apply to applications for admission as a refugee pending on or 
        after such date.
            (3) Section 303.--The amendment made by section 303 shall 
        take effect on the date of the enactment of this Act and shall 
        apply to asylum applications pending on or after such date.
            (4) Section 304.--The amendments made by section 304 shall 
        take effect 90 days after the date of the enactment of this Act 
        and shall apply to applications pending on or after such 
        effective date.
            (5) Sections 312(a), 313, and 341.--The amendments made by 
        sections 312(a), 313, and 341 shall take effect on the date of 
        the enactment of this Act and shall apply to applications 
        pending on or after such date with respect to which no final 
        administrative decision has been rendered.
            (6) Section 312(b).--The amendment made by section 312(b) 
        shall take effect on the date of the enactment of this Act and 
        shall apply to proceedings pending on or after such date with 
        respect to which no final administrative decision has been 
        rendered.
            (7) Section 321.--The amendment made by section 321 shall 
        take effect on the date of the enactment of this Act and shall 
        apply to applications for adjustment of status pending on or 
        after such date.
    (d) Title IV.--
            (1) Section 401.--The amendments made by section 401 shall 
        take effect on the date of the enactment of this Act and shall 
        apply to asylum applications pending on or after such date.
            (2) Section 402.--The amendments made by section 402 shall 
        take effect on the date of the enactment of this Act and shall 
        apply to applications for asylum or admission as a refugee, and 
        determinations under section 241(b)(3) of the Immigration and 
        Nationality Act, pending on or after such date.
            (3) Section 403.--The amendment made by section 403 shall 
        take effect on the date of the enactment of this Act and shall 
        apply to applications for adjustment of status pending on or 
        after such date.
    (e) Title V.--
            (1) Section 514.--The amendments made by paragraphs (3), 
        (4), and (8) of section 514 shall take be effect as if included 
        in the enactment of the Nicaraguan Adjustment and Central 
        American Relief Act.
            (2) Section 515.--The amendments made by paragraphs (3), 
        (4), and (8) of section 515 shall take effect as if included in 
        the enactment of the Haitian Refugee Immigration Fairness Act 
        of 1998.
            (3) Section 541.--The amendment made by section 541 shall 
        be effective as if included in the enactment of section 201 of 
        the Immigration Reform and Control Act of 1986 (Public Law 99-
        603; 100 Stat. 3394).
    (f) Title VI.--
            (1) Section 602.--
                    (A) Subsection (a).--The amendments made by section 
                602(a) shall apply to applications for adjustment of 
                status pending on, or made on or after, January 14, 
                1998.
                    (B) Subsections (b)(1) and (c)(1).--The amendment 
                made by subsections (b)(1) and (c)(1) of section 602 
                shall take effect as if included in the enactment of 
                section 304 of the Illegal Immigration Reform and 
                Immigrant Responsibility Act of 1996 (division C of 
                Public Law 104-208, 110 Stat. 587).
                    (C) Subsection (b)(2)--The amendments made by 
                section 602(b)(2) shall take effect as if included in 
                the enactment of section 309 of the Illegal Immigration 
                Reform and Immigrant Responsibility Act of 1996 (8 
                U.S.C. 1101 note).
            (2) Section 607.--
                    (A) Subsection (a).--The amendment made by section 
                607(a) shall take effect as if included in the 
                enactment of section 304 of the Illegal Immigration 
                Reform and Immigrant Responsibility Act of 1996 
                (division C of Public Law 104-208; 110 Stat. 587).
                    (B) Subsection (b).--The amendments made by section 
                607(b) shall take effect as if included in the 
                enactment of subtitle G of title IV of the Violent 
                Crime Control and Law Enforcement Act of 1994 (Public 
                Law 103-322; 108 Stat. 1953 et seq.).
            (3) Section 613.--The amendment made by section 613 shall 
        be effective as if included in subtitle G of title IV of the 
        Violent Crime Control and Law Enforcement Act of 1994 (Public 
        Law 103-322; 108 Stat. 1953 et seq.).
    (g) Title VIII.--
            (1) Section 806.--Paragraphs (1) and (2) of section 806(a) 
        shall take effect on the first day of the first applicable pay 
        period beginning on or after the date that is 120 days after 
        the date of the enactment of this Act.
            (2) Section 807.--The amendment made by section 807 shall 
        take effect on the date of the enactment of this Act and shall 
        apply to asylum applications made before, on, or after such 
        date.
                                 <all>