[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2388 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 2388

To amend the Immigration and Nationality Act to enhance protections for 
      immigrant victims of domestic violence, sexual assault, and 
                              trafficking.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 17, 2007

Ms. Schakowsky introduced the following bill; which was referred to the 
 Committee on the Judiciary, and in addition to the Committees on Ways 
 and Means, Agriculture, Financial Services, and Energy and Commerce, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of 
                        the committee concerned

_______________________________________________________________________

                                 A BILL


 
To amend the Immigration and Nationality Act to enhance protections for 
      immigrant victims of domestic violence, sexual assault, and 
                              trafficking.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Violence Against 
Immigrant Women Act of 2007''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
                    TITLE I--REFERENCES; RULEMAKING

Sec. 101. References; rulemaking.
        TITLE II--ADDITIONAL VAWA IMMIGRATION-RELATED PROVISIONS

              Subtitle A--Provisions Relating to VAWA-2005

Sec. 201. Miscellaneous corrections to VAWA-2005.
Sec. 202. Additional technical correction.
Sec. 203. Clarification of roles of Secretary of Homeland Security and 
                            Attorney General.
Sec. 204. IMBRA Federal criminal penalty.
     Subtitle B--Additional Provisions Relating to Victims of Crime

Sec.  211. Treatment of good moral character for purposes of adjustment 
                            of status for victims of trafficking.
Sec. 212. Status as qualified alien for nonimmigrant ``U'' and ``T'' 
                            applicants and visa holders.
 Subtitle C--Additional Provisions Relating to VAWA Self-Petitioners, 
           VAWA Cancellation, and VAWA Suspension Applicants

Sec. 221. Self-petitioning for children.
Sec. 222. Eligibility for safety net benefits of aliens suffering from 
                            domestic abuse.
Sec. 223. Promoting consistency in VAWA adjudications.
Sec. 224. Clarification of basis for relief under hardship waivers for 
                            conditional permanent residence.
Sec. 225. Relief for certain victims pending actions on petitions and 
                            applications for relief.
Sec. 226. Removing barrires to VAWA protection.
Sec. 227. Eliminating abusers' control over applications.
Sec. 228. Parole for VAWA petitioners and for derivatives of 
                            trafficking victims.
Sec. 229. Clarification of access to naturalization for victims of 
                            domestic violence.
Sec. 230. Protections against adverse determinations of admissibility 
                            or deportability based on protected 
                            information.
Sec. 231. Authorization of appropriations.
Sec. 232. Waiver of certain grounds of inadmissibility for VAWA 
                            petitioners.
Sec. 233. Clarifying nonapplication of cancellation cap to cancellation 
                            of removal.
            Subtitle D--Miscellaneous Additional Provisions

Sec. 241. Correction of cross-reference to credible evidence 
                            provisions.
Sec. 242. Conforming amendment confirming IIRAIRA's grant of public and 
                            assisted housing to all qualified aliens, 
                            including battered immigrants.
Sec. 243. Miscellaneous technical corrections.

                    TITLE I--REFERENCES; RULEMAKING

SEC. 101. REFERENCES; RULEMAKING.

    (a) References.--In this Act:
            (1) The term ``VAWA-2005'' means title VIII of the Violence 
        Against Women and Department of Justice Reauthorization Act of 
        2005 (Public Law 109-162).
            (2) The term ``VAWA-2000'' means the Violence Against Women 
        Act of 2000 (division B of Public Law 106-386).
    (b) Rulemaking.--Not later than 180 days after the date of 
enactment of this Act, the Attorney General, the Secretary of Homeland 
Security, and the Secretary of State shall promulgate regulations to 
implement the provisions and amendments contained in this Act. Insofar 
as required to carry out the previous sentence in a timely manner, such 
regulations shall be promulgated to take effect on an interim basis, at 
the same time that notice and opportunity for public comment are 
offered.

        TITLE II--ADDITIONAL VAWA IMMIGRATION-RELATED PROVISIONS

              Subtitle A--Provisions Relating to VAWA-2005

SEC. 201. MISCELLANEOUS CORRECTIONS TO VAWA-2005.

    (a) Section 805.--Section 204(a)(1)(D) of the Immigration and 
Nationality Act (8 U.S.C. 1154(a)(1)(D)), as amended by section 805(a) 
of VAWA-2005, is amended--
            (1) in clause (i)(I), by striking ``under clause (iv) of 
        section 204(a)(1)(A) or section 204(a)(1)(B)(iii)'' and 
        inserting `under subparagraph (A)(iv) or (B)(iii)'' each place 
        it appears; and
            (2) by striking ``a petitioner for preference status under 
        paragraph (1), (2), or (3) of section 203(a), whichever 
        paragraph is applicable'' and inserting ``to continue to be 
        treated as an immediate relative under section 201(b)(2)(A)(i), 
        or to be a petitioner for preference status under section 
        203(a)(3) if subsequently married or a petitioner for 
        preference status under section 203(a)(2)(A), whichever is 
        applicable''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply to applications filed before, on, or after the date of the 
enactment of VAWA-2000.

SEC. 202. ADDITIONAL TECHNICAL CORRECTION.

    Effective as if included in Public Law 109-271, section 6(a) of 
such Act is amended by inserting before the period at the end the 
following: ``the first place it appears and by inserting `or (B)(iii), 
as the case may be' after `(A)(iv)' the second place it appears''.

SEC. 203. CLARIFICATION OF ROLES OF SECRETARY OF HOMELAND SECURITY AND 
              ATTORNEY GENERAL.

    (a) T-Visas (Section 801 of VAWA-2005).--Section 101(a)(15)(T)(i) 
of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(T)(i)), as 
amended by section 801(a)(1)(A) of VAWA-2005, is amended by striking `, 
or in the case of subclause (III)(aa) the Secretary of Homeland 
Security and the Attorney General jointly''.
    (b) Adjustment of Status for Victims of Trafficking (Section 803 of 
VAWA-2005).--Section 245(l)(1) of the Immigration and Nationality Act 
(8 U.S.C. 1255(l)(1)), as amended by section 803(a) of VAWA-2005, is 
amended--
            (1) by striking ``, or in the case of subparagraph (C)(i), 
        the Attorney General,'' each place it appears; and
            (2) in subparagraph (A), by striking ``Attorney General'' 
        and inserting ``Secretary of Homeland Security''.
    (c) Adjustment of Status for Crime Victims.--Section 245(m)(1) of 
the Immigration and Nationality Act (8 U.S.C. 1255(m)(1)) is amended, 
in the matter before subparagraph (A), by striking ``unless the 
Attorney General'' and inserting ``unless the Secretary''.
    (d) Victim of Trafficking Certification Process (Section 804 of 
VAWA-2005).--Section 107(b)(1)(E) of the Trafficking Victims Protection 
Act of 2000 (22 U.S.C. 7105(b)(1)(E)), as amended by section 804(b) of 
VAWA-2005, is amended--
            (1) in clause (i) in the matter preceding subclause (I), by 
        striking ``and the Secretary'' and inserting ``or the 
        Secretary'';
            (2) in clause (i)(II)(bb), by striking ``Attorney General 
        and''; and
            (3) in clause (ii), by striking ``Attorney General''.
    (e) Clarification of Continued Involvement of Both Department of 
Justice and the Department of Homeland Security in Annual Trafficking 
Report.--Section 107(g) of the Trafficking Victims Protection Act of 
2000 (22 U.S.C. 7105(g)), as amended by subsections (a)(1) and (d) of 
section 804 of VAWA-2005, is amended by striking ``of each year'' and 
all that follows through ``shall submit a report'' and inserting ``of 
each year, the Attorney General and the Secretary of Homeland Security 
shall jointly submit a report''.
    (f) Effective Date.--This section, and the amendments made by this 
section, shall be effective as if included in the enactment of VAWA-
2005.

SEC. 204. IMBRA FEDERAL CRIMINAL PENALTY.

    Section 833(d)(5)(B) of VAWA-2005 is amended by striking 
``interstate or foreign commerce, an international marriage broker 
that, within the special maritime and territorial jurisdiction of the 
United States, violates'' and inserting ``interstate or foreign 
commerce or within the special maritime and territorial jurisdiction of 
the United States, an international marriage broker that violates''.

     Subtitle B--Additional Provisions Relating to Victims of Crime

SEC. 211. TREATMENT OF GOOD MORAL CHARACTER FOR PURPOSES OF ADJUSTMENT 
              OF STATUS FOR VICTIMS OF TRAFFICKING.

    Section 245(l) of the Immigration and Nationality Act (8 U.S.C. 
1255(l)) is amended--
            (1) in paragraph (1)(B), by inserting ``subject to 
        paragraph (6),'' after ``(B)''; and
            (2) by adding at the end the following new paragraph:
    ``(6) For purposes of paragraph (1)(B), the Secretary of Homeland 
Security, in the Secretary's sole unreviewable discretion, may waive 
consideration of a disqualification from good moral character described 
in section 101(f) with respect to an alien if there is a connection 
between the disqualification and the trafficking with respect to the 
alien described in section 101(a)(15)(T)(i).''.

SEC. 212. STATUS AS QUALIFIED ALIEN FOR NONIMMIGRANT ``U'' AND ``T'' 
              APPLICANTS AND VISA HOLDERS.

    (a) In General.--Section 431(c) of the Personal Responsibility and 
Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(c)) is 
amended--
            (1) by striking ``or'' at the end of paragraph (2)(B);
            (2) by striking the period at the end of paragraph (3)(B) 
        and inserting a semicolon; and
            (3) by adding at the end the following:
            ``(4) an alien who has applied for and not been denied or 
        who holds status as a nonimmigrant under clause (i) or (ii) of 
        section 101(a)(15)(U) of the Immigration and Nationality Act; 
        or
            ``(5) an alien who has applied for and not been denied or 
        who holds status as a nonimmigrant under clause (i) or (ii) of 
        section 101(a)(15)(T) of the Immigration and Nationality Act.
        The provisions of paragraph (5) are in addition to the access 
        to public benefits provided in the Trafficking Victims 
        Protection Act of 2000 and the Trafficking Victims 
        Reauthorization Act of 2003.''.
    (b) Effective Date.--The amendments made by this section apply to 
applications for public benefits and public benefits provided on or 
after the date of the enactment of this Act without regard to whether 
regulations to carry out such amendments are implemented, as required 
under section 101(b).

 Subtitle C--Additional Provisions Relating to VAWA Self-Petitioners, 
           VAWA Cancellation, and VAWA Suspension Applicants

SEC. 221. SELF-PETITIONING FOR CHILDREN.

    (a) Self-Petitioning by Children of Parent-Abusers Upon Death or 
Other Termination of Parent-Child Relationship.--
            (1) Citizen parents.--Section 204(a)(1)(A)(iv) of the 
        Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)(iv)) is 
        amended--
                    (A) by striking ``or who'' and inserting ``who''; 
                and
                    (B) by inserting before ``, and who is a person of 
                good moral character,'' the following: ``or who was a 
                child of a United States citizen parent who within the 
                past 2 years (or, if later, two years after the date 
                the child attains 18 years of age) died or otherwise 
                terminated the parent-child relationship (as defined 
                under section 101(b))''.
            (2) Lawful permanent resident parents.--
                    (A) In general.--Section 204(a)(1)(B)(iii) of such 
                Act (8 U.S.C. 1154(a)(1)(B)(iii)) is amended--
                            (i) by striking ``or who'' and inserting 
                        ``who''; and
                            (ii) by inserting before ``, and who is a 
                        person of good moral character,'' the 
                        following: ``or who was a child of a lawful 
                        permanent resident who within the past 2 years 
                        (or, if later, two years after the date the 
                        child attains 18 years of age) died or 
                        otherwise terminated the parent-child 
                        relationship (as defined under section 
                        101(b))''.
                    (B) Conforming treatment of deceased spouses.--
                Section 204(a)(1)(B)(ii)(II)(aa)(CC) of such Act (8 
                U.S.C. 1154(a)(1)(B)(ii)(II)(aa)(CC)) is amended--
                            (i) by redesignating subitems (aaa) and 
                        (bbb) as subitems (bbb) and (ccc), 
                        respectively; and
                            (ii) by inserting before subitem (bbb), as 
                        so redesignated, the following:
                    ``(aaa) whose spouse died within the past 2 
                years;''.
    (c) Effective Dates.--
            (1) In general.--Subject to paragraph (2), the amendments 
        made by paragraphs (1) and (2) of subsection (a) shall take 
        effect on the date of the enactment of this Act.
            (2) Transition in case of citizen parents who died before 
        enactment.--In applying the amendments made by paragraphs (1) 
        and (2)(A) of subsection (a) in the case of an alien whose 
        citizen parent or lawful permanent resident parent died or 
        whose parent-child relationship with such parent terminated 
        during the period beginning on October 28, 1998, and ending on 
        the date of the enactment of this Act, the following rules 
        apply:
                    (A) The reference to ``within the past 2 years'' in 
                section 204(a)(1)(A)(iv) or 204(a)(1)(B)(iii), 
                respectively, of the Immigration and Nationality Act in 
                the matter inserted by such paragraph is deemed to be a 
                reference to such period.
                    (B) The petition must be filed under such section 
                within 2 years after the date of the enactment of this 
                Act (or, if later, 2 years after the alien's 18th 
                birthday).
                    (C) The determination of eligibility for benefits 
                as a child under such section (including under section 
                204(a)(1)(D) of the Immigration and Nationality Act by 
                reason of a petition authorized under such section) 
                shall be determined as of the date of the death of the 
                citizen parent or lawful permanent resident parent or 
                the termination of the parent-child relationship.

SEC. 222. ELIGIBILITY FOR SAFETY NET BENEFITS OF ALIENS SUFFERING FROM 
              DOMESTIC ABUSE.

    (a) Exemption from SSI and Food Stamps Ban.--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 new subparagraph:
                    ``(M) Battered and crime victim aliens.--With 
                respect to eligibility for a specified Federal program 
                (as defined in paragraph (3)), paragraph (1) shall not 
                apply to an alien who--
                            ``(i) is described in section 431(c);
                            ``(ii) is described in section 431(b) and 
                        also is described in section 431(c), other than 
                        paragraphs (1)(B), (2)(B), and (3)(B) of such 
                        section; or
                            ``(iii) is described in clause (i) or (ii) 
                        and was lawfully admitted as a permanent 
                        resident.''.
    (b) Exemption from TANF, Social Service Block Grant, and Medicaid 
Ban.--Section 402(b)(2) of such Act (8 U.S.C. 1612(b)(2)) is amended by 
inserting after subparagraph (F) the following new subparagraph:
                    ``(G) Battered and crime victim aliens.--An alien 
                who--
                            ``(i) is described in section 431(c);
                            ``(ii) is described in section 431(b) and 
                        also is described in section 431(c), other than 
                        paragraphs (1)(B), (2)(B), and (3)(B) of such 
                        section; or
                            ``(iii) is described in clause (i) or (ii) 
                        and was lawfully admitted as a permanent 
                        resident.''.
    (c) Exemption from 5-Year Ban for Safety Net Public Benefits.--
Section 403(b) of such Act (8 U.S.C. 1613(b)) is amended by adding at 
the end the following new paragraph:
            ``(3) Battered and crime victim aliens.--An alien who--
                    ``(A) is described in section 431(c);
                    ``(B) is described in section 431(b) and also is 
                described in section 431(c), other than paragraphs 
                (1)(B), (2)(B), and (3)(B) of such section; or
                    ``(C) is described in subparagraph (A) or (B) and 
                was lawfully admitted as a permanent resident.''.
    (d) Effective Date.--The amendments made by this section apply to 
applications for public benefits and public benefits provided on or 
after the date of the enactment of this Act without regard to whether 
regulations to carry out such amendments are implemented, as required 
under section 205(b).

SEC. 223. PROMOTING CONSISTENCY IN VAWA ADJUDICATIONS.

    (a) In General.--Section 204(a)(1) of the Immigration and 
Nationality Act (8 U.S.C. 1154(a)(1)) is amended--
            (1) in subparagraph (A)(iii)(II)(aa)(CC)(bbb), by striking 
        ``an incident of domestic violence'' and inserting ``battering 
        or extreme cruelty by the United States citizen spouse'';
            (2) in subparagraph (A)(iv), by striking ``an incident of 
        domestic violence'' and inserting ``battering or extreme 
        cruelty by such parent'';
            (3) in subparagraph (A)(vii)(I), as added by section 816 of 
        VAWA-2005, is amended by striking ``related to an incident of 
        domestic violence'' and inserting ``related to battering or 
        extreme cruelty by the United States citizen son or daughter'';
            (4) in subparagraph (B)(ii)(II)(aa)(CC)(aaa), by striking 
        ``due to an incident of domestic violence'' and inserting 
        ``related to battering or extreme cruelty by the lawful 
        permanent resident spouse''; and
            (5) in subparagraph (B)(iii), by striking ``due to an 
        incident of domestic violence'' and inserting ``related to 
        battering or extreme cruelty by such parent''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect as if included in the enactment of VAWA-2000, except that 
the amendment made by subsection (a)(3) shall apply as if included in 
the enactment of VAWA-2005.

SEC. 224. CLARIFICATION OF BASIS FOR RELIEF UNDER HARDSHIP WAIVERS FOR 
              CONDITIONAL PERMANENT RESIDENCE.

    (a) Grounds for Hardship Waiver for Conditional Permanent Residence 
for Intended Spouses.--Section 216(c)(4) of the Immigration and 
Nationality Act (8 U.S.C. 1186a(c)(4)) is amended--
            (1) by striking ``or'' at the end of subparagraph (B);
            (2) by striking the period at the end of subparagraph (C) 
        and inserting ``, or''; and
            (3) by inserting after subparagraph (C) the following new 
        subparagraph:
                    ``(D) the alien meets the requirements under 
                section 204(a)(1)(A)(iii)(II)(aa)(BB) and following the 
                marriage ceremony has been battered by or was subject 
                to extreme cruelty perpetrated by his or her intended 
                spouse and was not at fault in failing to meet the 
                requirements of paragraph (1).''.
    (b) Grounds for Relief.--Such section is further amended by adding 
at the end the following: ``An application for relief under this 
paragraph may be based on one or more grounds specified in 
subparagraphs (A) through (D) and may be amended at any time to change 
the ground or grounds for such relief without the application being 
resubmitted.''.
    (c) Conforming Amendment.--Section 237(a)(1)(H)(ii) of such Act (8 
U.S.C. 1227(a)(1)(H)(ii)) is amended by inserting before the period at 
the end the following: ``or qualifies for a waiver under section 
216(c)(4)''.
    (d) Effective Dates.--
            (1) The amendments made by subsection (a) shall apply as if 
        included in the enactment of VAWA-2000.
            (2) The amendments made by subsections (b) and (c) shall 
        apply to applications for relief pending or filed on or after 
        April 10, 2003.

SEC. 225. RELIEF FOR CERTAIN VICTIMS PENDING ACTIONS ON PETITIONS AND 
              APPLICATIONS FOR RELIEF.

    (a) Relief.--
            (1) Limitation on removal or deportation.--Section 237 of 
        the Immigration and Nationality Act (8 U.S.C. 1227) is amended 
        by adding at the end the following new subsection:
    ``(d)(1) In the case of an alien in the United States for whom a 
petition as a VAWA petitioner has been filed, if the petition sets 
forth a prima facie case for approval, the Secretary of Homeland 
Security may grant the alien a stay of removal until the petition is 
approved or the petition is denied after exhaustion of administrative 
appeals. Any appeal of the denial of a stay of removal under this 
paragraph must accompany any appeal of the underlying substantive 
petition or application for benefits. In the case of the approval of a 
petition under this paragraph, such stay of removal may be extended 
until a final determination is made on an application for adjustment of 
status.
    ``(2) In the case of an alien in the United States for whom an 
application for nonimmigrant status (whether as a principal or 
derivative child) under subparagraph (T) or (U) of section 101(a)(15) 
has been filed, if the application sets forth a prima facie case for 
approval, the Secretary of Homeland Security may grant the alien a stay 
of removal until the application is approved or the application is 
denied after exhaustion of administrative appeals. Any appeal of the 
denial of a stay of removal under this paragraph must accompany any 
appeal of the underlying substantive petition or application for 
benefits.
    ``(3) During a period in which an alien is provided a stay of 
removal under this subsection, the alien shall not be removed or 
deported.
    ``(4) Nothing in this subsection shall be construed as limiting the 
authority of the Secretary of Homeland Security to grant a stay of 
removal in any case not described in this subsection.''.
            (2) Limitation on detention.--Section 236 of such Act (8 
        U.S.C. 1226) is amended by adding at the end the following new 
        subsection:
    ``(f) Limitation on Detention of Certain Victims of Violence.--An 
alien for whom--
            ``(1) a petition as a VAWA petitioner has been approved;
            ``(2) an application for nonimmigrant status (whether as a 
        principal or derivative child) under subparagraph (T) or (U) of 
        section 101(a)(15) has been approved; or
            ``(3) an application under section 240A(b)(2) or 244(a)(3) 
        (as in effect on March 31, 1997) has been approved by the 
        immigration judge (whether or not the case has been appealed);
shall not be detained, unless the alien is subject to mandatory 
detention under section 236A or subsection (c). If the alien is subject 
to detention under subsection (c) the alien shall be released if the 
only basis for detention is a ground for which there is a waiver or 
exception available under section 204(a)(1)(C), 212(h), 212(d)(13), 
212(d)(14), 237(a)(7), or 237(a)(2)(A)(V).''.
            (3) Processing of applications.--Section 204(a)(1) of such 
        Act (8 U.S.C. 1154(a)(1)) is amended by adding at the end the 
        following new subparagraph:
    ``(M) A petition as a VAWA petitioner shall be processed without 
regard to whether a proceeding to remove or deport such alien is 
brought or pending.''.
            (4) Effective date.--The amendments made by this subsection 
        shall take effect on the date of the enactment of this Act and 
        shall apply to petitions and applications filed before, on, or 
        after such date.
    (b) Conforming Relief in Suspension of Deportation Parallel to the 
Relief Available in VAWA-2000 Cancellation for Bigamy.--
            (1) In general.--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) shall be applied as if 
        ``or 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 permanent 
        resident's bigamy'' were inserted after ``by a spouse or parent 
        who is a United States citizen or lawful permanent resident''.
            (2) Effective date.--The provisions of paragraph (1) shall 
        apply as if included in the enactment of VAWA-2000.

SEC. 226. REMOVING BARRIERS TO VAWA PROTECTION.

    (a) Fiance(e)s.--
            (1) Self-petitioning.--Section 204(a)(1)(A)(iii) of the 
        Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)(iii)) 
        is amended--
                    (A) in subclause (I)(bb), by inserting after 
                ``during the marriage'' the following: ``or 
                relationship intended by the alien to be legally a 
                marriage or to conclude in a valid marriage'';
                    (B) in subclause (II)(aa)--
                            (i) by striking ``or'' at the end of 
                        subitem (BB);
                            (ii) by inserting ``or'' at the end of 
                        subitem (CC); and
                            (iii) by adding at the end the following 
                        new subitem:
            ``(DD) who entered the United States as an alien described 
        in section 101(a)(15)(K) with the intent to enter into a valid 
        marriage and the alien (or child of the alien) was battered or 
        subject to extreme cruelty in the United States by the United 
        States citizen who filed the petition to accord status under 
        such section;'';
                    (C) in subclause (II)(cc), by striking ``or who'' 
                and inserting ``, who'' and by inserting before the 
                semicolon at the end the following: ``, or who is 
                described in subitem (aa)(DD)''; and
                    (D) in subclause (II)(dd), by inserting ``or who is 
                described in subitem (aa)(DD)'' before the period at 
                the end.
            (2) Exception from requirement to depart.--Section 214(d) 
        of such Act (8 U.S.C. 1184(d)) is amended by inserting before 
        the period at the end the following: ``unless the alien (and 
        the child of the alien) entered the United States as an alien 
        described in section 101(a)(15)(K) with the intent to enter 
        into a valid marriage and the alien or child was battered or 
        subject to extreme cruelty in the United States by the United 
        States citizen who filed the petition to accord status under 
        such section''.
            (3) Effective date.--The amendments made by this subsection 
        shall take effect on the date of the enactment of this Act and 
        shall apply to aliens admitted before, on, or after such date.
    (b) Relief for Abused Fiance(e)s.--
            (1) Conforming application in cancellation of removal.--
        Section 240A(b)(2)(A)(i) of the Immigration and Nationality Act 
        (8 U.S.C. 1229b(b)(2)(A)(i)) is amended--
                    (A) by striking ``or'' at the end of subclause 
                (II);
                    (B) by adding ``or'' at the end of subclause (III); 
                and
                    (C) by adding at the end the following new 
                subclause:
                            ``(IV) the alien entered the United States 
                        as an alien described in section 101(a)(15)(K) 
                        with the intent to enter into a valid marriage 
                        and the alien (or the child of the alien who is 
                        described in such section) was battered or 
                        subject to extreme cruelty in the United States 
                        by the United States citizen who filed the 
                        petition to accord status under such 
                        section;''.
            (2) Exception to restriction on adjustment of status.--The 
        second sentence of section 245(d) of such Act (8 U.S.C. 
        1255(d)) is amended by inserting before the period at the end 
        the following: ``, unless the alien is described in section 
        204(a)(1)(A)(iii)(II)(aa)(DD)''.
            (3) Application under suspension of deportation.--Section 
        244(a)(3) of such Act (as in effect on March 31, 1997) shall be 
        applied (as if in effect on such date) as if the phrase ``is 
        described in section 240A(b)(2)(A)(i)(IV) or'' were inserted 
        before ``has been battered'' the first place it appears.
            (4) Effective date.--The amendments made by this 
        subsection, and the provisions of paragraph (3), shall take 
        effect on the date of the enactment of this Act and shall apply 
        to applications for adjustment of status, for cancellation of 
        removal, or for suspension of deportation filed before, on, or 
        after such date.
    (c) Spouses and Children of Asylum Applicants Under Adjustment 
Provisions.--
            (1) In general.--Section 209(b)(3) of the Immigration and 
        Nationality Act (8 U.S.C. 1159(b)(3)) is amended--
                    (A) by inserting ``(A)'' after ``(3)''; and
                    (B) by adding at the end the following:
            ``(B) was the spouse of a refugee within the meaning of 
        section 101(a)(42)(A) at the time the asylum application was 
        granted and who was battered or was the subject of extreme 
        cruelty perpetrated by such refugee or whose child was battered 
        or subjected to extreme cruelty by such refugee (without the 
        active participation of such spouse in the battery or cruelty), 
        or
            ``(C) was the child of a refugee within the meaning of 
        section 101(a)(42)(A) at the time of the filing of the asylum 
        application and who was battered or was the subject of extreme 
        cruelty perpetrated by such refugee,''.
            (2) Effective date.--The amendments made by paragraph (1) 
        shall take effect on the date of the enactment of this Act 
        and--
                    (A) section 209(b)(3)(B) of the Immigration and 
                Nationality Act, as added by paragraph (1)(B), shall 
                apply to spouses of refugees for whom an asylum 
                application is granted before, on, or after such date; 
                and
                    (B) section 209(b)(3)(C) of such Act, as so added, 
                shall apply with respect to the child of a refugee for 
                whom an asylum application is filed before, on, or 
                after such date.
    (d) Visa Waiver Entrants.--
            (1) In general.--Section 217(b)(2) of such Act (8 U.S.C. 
        1187(b)(2)) is amended by inserting after ``asylum,'' the 
        following: ``as a VAWA petitioner, or for relief under 
        subparagraph (T) or (U) of section 101(a)(15), under section 
        240A(b)(2), or under section 244(a)(3) (as in effect on March 
        31, 1997),''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall take effect on the date of the enactment of this Act and 
        shall apply to waivers provided under section 217(b)(2) of the 
        Immigration and Nationality Act before, on, or after such date 
        as if it had been included in such waivers.
    (e) Exception From Foreign Residence Requirement for Educational 
Visitors.--
            (1) In general.--Section 212(e) of such Act (8 U.S.C. 
        1182(e)) is amended, in the matter before the first proviso, by 
        inserting ``unless the alien is a VAWA petitioner or an 
        applicant for nonimmigrant status under subparagraph (T) or (U) 
        of section 101(a)(15)'' after ``for an aggregate of at least 
        two years following departure from the United States''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall take effect on the date of the enactment of this Act and 
        shall apply to aliens regardless of whether the foreign 
        residence requirement under section 212(e) of the Immigration 
        and Nationality Act arises out of an admission or acquisition 
        of status under section 101(a)(15)(J) of such Act before, on, 
        or after the date of the enactment of this Act.

SEC. 227. ELIMINATING ABUSERS' CONTROL OVER APPLICATIONS.

    (a) Application of Motions To Reopen for All VAWA Petitioners.--
Section 240(c)(7)(C)(iv) of the Immigration and Nationality Act (8 
U.S.C. 1230(c)(7)(C)(iv)), as redesignated by section 101(d)(1) of the 
REAL ID Act of 2005 (division B of Public Law 109-13), is amended--
            (1) in subclause (I), by striking ``under clause (iii) or 
        (iv) of section 204(a)(1)(A), clause (ii) or (iii) of section 
        204(a)(1)(B)'' and inserting ``as a VAWA petitioner''; and
            (2) in subclause (II), by inserting ``or adjustment of 
        status'' after ``cancellation of removal''.
    (b) Self-Petitioning Rights Under Section 203 of NACARA.--Section 
309 of the Illegal Immigration and Reform and Immigrant Responsibility 
Act of 1996 (division C of Public Law 104-208; 8 U.S.C. 1101 note), as 
amended by section 203(a) of the Nicaraguan Adjustment and Central 
American Relief Act (8 U.S.C. 1255 note; Public Law 105-100), is 
amended--
            (1) in subsection (c)(5)(C)(i)(VII)(aa), as amended by 
        section 1510(b) of VAWA-2000--
                    (A) by striking ``or'' at the end of subitem (BB);
                    (B) by striking ``and'' at the end of subitem (CC) 
                and inserting ``or''; and
                    (C) by adding at the end the following new subitem:
                                            ``(DD) at the time at which 
                                        the spouse or child files an 
                                        application for suspension of 
                                        deportation or cancellation of 
                                        removal; and''; and
            (2) in subsection (g)--
                    (A) by inserting ``(1)'' before 
                ``Notwithstanding'';
                    (B) by inserting ``subject to paragraph (2),'' 
                after ``section 101(a) of the Immigration and 
                Nationality Act)),''; and
                    (C) by adding at the end the following new 
                paragraph:
    ``(2) There shall be no limitation on a motion to reopen removal or 
deportation proceedings in the case of an alien who is described in 
subclause (VI) or (VII) of subsection (c)(5)(C)(i). Motions to reopen 
removal or deportation proceedings in the case of such an alien shall 
be handled under the procedures that apply to aliens seeking relief 
under section 204(a)(1)(A)(iii) of the Immigration and Nationality 
Act.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act.

SEC. 228. PAROLE FOR VAWA PETITIONERS AND FOR DERIVATIVES OF 
              TRAFFICKING VICTIMS.

    (a) In General.--Section 240A(b)(4) of the Immigration and 
Nationality Act (8 U.S.C. 1229b(b)(4)) is amended--
            (1) in the heading, by striking ``Children of battered 
        aliens'' and inserting ``Battered aliens, children of battered 
        aliens, and derivative family members of trafficking 
        victims,'';
            (2) in subparagraph (A)--
                    (A) by striking ``or'' at the end of clause (i);
                    (B) by striking the period at the end of clause 
                (ii) and inserting a semicolon; and
                    (C) by adding at the end the following new clauses:
                            ``(iii) VAWA petitioner whose petition was 
                        approved based on having been battered or 
                        subjected to extreme cruelty by a United States 
                        citizen spouse, parent, or son or daughter and 
                        who is admissible and eligible for an immigrant 
                        visa;
                            ``(iv) VAWA petitioner whose petition was 
                        approved based on having been battered or 
                        subjected to extreme cruelty by a lawful 
                        permanent resident spouse or parent, who is 
                        admissible and would be eligible for an 
                        immigrant visa but for the fact that an 
                        immigrant visa is not immediately available to 
                        the alien, and who filed a petition for 
                        classification under section 204(a)(1)(B), if 
                        at least 3 years has elapsed since the 
                        petitioner's priority date; or
                            ``(v) an alien would, but for an 
                        application or approval, meet the conditions 
                        for approval as a nonimmigrant described in 
                        section 101(a)(15)(T)(ii).''; and
            (3) in subparagraph (B)--
                    (A) in the first sentence, by striking ``The grant 
                of parole'' and inserting ``(i) The grant of parole 
                under subparagraph (A)(i) or (A)(ii)'';
                    (B) in the second sentence, by striking ``covered 
                under this paragraph'' and inserting ``covered under 
                such subparagraphs'';
                    (C) in the last sentence, by inserting ``of 
                subparagraph (A)'' after ``clause (i) or (ii)''; and
                    (D) by adding at the end the following new clauses:
                    ``(ii) The grant of parole under subparagraph 
                (A)(iii) or (A)(iv) shall extend from the date of 
                approval of the applicable petition to the time the 
                application for adjustment of status filed by aliens 
                covered under such subparagraphs has been finally 
                adjudicated. Applications for adjustment of status 
                filed by aliens covered under such subparagraphs shall 
                be treated as if they were applications filed under 
                section 204(a)(1) (A)(iii), (A)(iv), (B)(ii), or 
                (B)(iii) for purposes of section 245 (a) and (c).
                    ``(iii) The grant of parole under subparagraph 
                (A)(v) shall extend from the date of the determination 
                of the Secretary of State described in such 
                subparagraph to the time the application for status 
                under section 101(a)(15)(T)(ii) has been finally 
                adjudicated. Failure by such an alien to exercise due 
                diligence in filing a visa petition on the alien's 
                behalf may result in revocation of parole.''.
    (b) Conforming Reference.--Section 212(d)(5) of such Act (8 U.S.C. 
1182(d)(5)) is amended by adding at the end the following new 
subparagraph:
    ``(C) Parole is provided for certain battered aliens, children of 
battered aliens, and parents of battered alien children under section 
240A(b)(4).''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act.

SEC. 229. CLARIFICATION OF ACCESS TO NATURALIZATION FOR VICTIMS OF 
              DOMESTIC VIOLENCE.

    (a) In General.--Section 319(a) of the Immigration and Nationality 
Act (8 U.S.C. 1430(a)) is amended by inserting after ``extreme cruelty 
by a United States citizen spouse or parent'' the following: ``, 
regardless of whether the lawful permanent resident status was obtained 
on the basis of such battery or cruelty''.
    (b) Use of Credible Evidence.--Such section is further amended by 
adding at the end the following: ``The provisions of section 
204(a)(1)(J) shall apply in acting on an application under this 
subsection in the same manner as they apply in acting on petitions 
referred to in such section.''
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act and shall apply to 
applications for naturalization filed before, on, or after the date of 
the enactment of this Act.

SEC. 230. PROTECTIONS AGAINST ADVERSE DETERMINATIONS OF ADMISSIBILITY 
              OR DEPORTABILITY BASED ON PROTECTED INFORMATION.

    (a) Increasing Scope of Aliens and Information Protected.--
Subsection (a)(2) of section 384 of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (division C of Public Law 104-208; 
8 U.S.C. 1367) is amended by inserting ``notwithstanding section 552 of 
title 5, United States Code,'' after ``(2)''.
    (b) Section 825 of VAWA-2005 is amended by adding at the end the 
following new paragraph:
            ``(3) Construction.--Nothing in the amendments made by this 
        subsection shall be construed to preclude an immigration judge 
        from taking into account violations of section 384 of the 
        Illegal Immigration Reform and Immigrant Responsibility Act of 
        1996.''.
    (c) Effective Dates.--The amendment made by subsection (a) shall be 
effective on the date of the enactment of this Act and the amendment 
made by subsection (c) shall be effective as if included in the 
enactment of VAWA-2005.

SEC. 231. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary of 
Homeland Security such sums as may be necessary to provide for--
            (1) adjudication of petitions and adjustment applications 
        of VAWA petitioners (as defined in section 101(a)(51) of the 
        Immigration and Nationality Act, as added by section 811 of 
        VAWA-2005) and of aliens seeking status as nonimmigrants under 
        subparagraph (T) or (U) of section 101(a)(15) of such Act;
            (2) issuance of employment authorizations under section 
        204(a)(1)(K) of such Act, as added by section 814(b) of VAWA-
        2005, and under section 106 of such Act, as added by section 
        814(c) of VAWA-2005; and
            (3) processing of naturalization applications under section 
        319(a) of the Immigration and Nationality Act filed by aliens 
        who have been battered or subjected to extreme cruelty.

SEC. 232. WAIVER OF CERTAIN GROUNDS OF INADMISSIBILITY FOR VAWA 
              PETITIONERS.

    (a) Exemption From Public Charge Ground.--
            (1) In general.--Section 212(a)(4) of the Immigration and 
        Nationality Act (8 U.S.C. 1182(a)(4)) is amended by adding at 
        the end the following new subparagraph:
                    ``(E) Special rule for battered aliens.--
                Subparagraphs (A) through (C) shall not apply to an 
                alien who is a VAWA self-petitioner, is an applicant or 
                has been granted status under section 101(a)(15)(U), or 
                is a qualified alien described in section 431(c) of the 
                Personal Responsibility and Work Opportunity 
                Reconciliation Act of 1996.''.
            (2) Conforming amendment.--Section 212(a)(4)(C)(i) of such 
        Act (8 U.S.C. 1182(a)(4)(C)(i)) is amended to read as follows:
                            ``(i) the alien is described in 
                        subparagraph (E); or''.
    (b) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act and shall apply 
regardless of whether the alien's application was filed before, on, or 
after such date.

SEC. 233. CLARIFYING NONAPPLICATION OF CANCELLATION CAP TO CANCELLATION 
              OF REMOVAL.

  (a) In General.--Section 240A(e)(3) of the Immigration and 
Nationality Act (8 U.S.C. 1229b(e)(3)) is amended by adding at the end 
the following new subparagraph:
                    ``(C) Aliens with respect to their cancellation of 
                removal under subsection (b)(2).''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to cancellations of removal occurring on or after October 1, 
2006.

            Subtitle D--Miscellaneous Additional Provisions

SEC. 241. CORRECTION OF CROSS-REFERENCE TO CREDIBLE EVIDENCE 
              PROVISIONS.

    (a) Cuban Adjustment Provision.--The last sentence of the first 
section of Public Law 89-732 (November 2, 1966; 8 U.S.C. 1255 note), as 
amended by section 1509(a) of VAWA-2000, is amended by striking 
``204(a)(1)(H)'' and inserting ``204(a)(1)(J)''.
    (b) NACARA.--Section 202(d)(3) of the Nicaraguan Adjustment and 
Central American Relief Act (8 U.S.C. 1255 note; Public Law 105-100), 
as amended by section 1510(a)(2) of VAWA-2000, is amended by striking 
``204(a)(1)(H)'' and inserting ``204(a)(1)(J)''.
    (c) IIARAIRA.--Section 309(c)(5)(C)(iii) of the Illegal Immigration 
and Reform and Immigrant Responsibility Act of 1996 (division C of 
Public Law 104-208; 8 U.S.C. 1101 note), as amended by section 
1510(b)(2) of VAWA-2000, is amended by striking ``204(a)(1)(H)'' and 
inserting ``204(a)(1)(J)''.
    (d) HRIFA.--Section 902(d)(1)(B)(iii) of the Haitian Refugee 
Immigration Fairness Act of 1998 (division A of section 101(h) of 
Public Law 105-277; 112 Stat. 2681-538), as amended by section 1511(a) 
of VAWA-2000, is amended by striking ``204(a)(1)(H)'' and inserting 
``204(a)(1)(J)''.
    (e) Effective Date.--The amendments made by this section shall take 
effect as if included in the enactment of VAWA-2000.

SEC. 242. CONFORMING AMENDMENT CONFIRMING IIRAIRA'S GRANT OF PUBLIC AND 
              ASSISTED HOUSING TO ALL QUALIFIED ALIENS, INCLUDING 
              BATTERED IMMIGRANTS.

    (a) In General.--Section 214 of the Housing and Community 
Development Act of 1980 (42 U.S.C. 1436a) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (5), by striking ``or'' at the 
                end;
                    (B) by redesignating paragraph (7) as paragraph 
                (8); and
                    (C) by inserting after paragraph (6) the following 
                new paragraph:
                    ``(7) a qualified alien described in section 431 of 
                the Personal Responsibility and Work Opportunity 
                Reconciliation Act of 1996 (8 U.S.C. 1641), or''; and
            (2) in subsection (c)--
                    (A) in paragraph (1)(A), by striking ``(6)'' and 
                inserting ``(7)''; and
                    (B) in paragraph (2)(A), in the matter preceding 
                clause (i), by inserting ``(other than a qualified 
                alien described in section 431 of the Personal 
                Responsibility and Work Opportunity Reconciliation Act 
                of 1996 (8 U.S.C. 1641)'' after ``any alien''.
    (b) Effective Date.--The amendments made by this section apply to 
applications for public benefits and public benefits provided on or 
after the date of the enactment of this Act without regard to whether 
regulations to carry out such amendments are implemented, as required 
under section 205(b).

SEC. 243. MISCELLANEOUS TECHNICAL CORRECTIONS.

    (a) Punctuation Correction.--Effective as if included in the 
enactment of section 5(c)(2) of VAWA-2000, section 237(a)(1)(H)(i)(II) 
of the Immigration and Nationality Act (8 U.S.C. 1227(a)(1)(H)(i)(II)) 
is amended by striking the period at the end and inserting ``; or''.
    (b) Terminology.--Effective as if included in the enactment of 
section 811 of VAWA-2005, section 237(a)(1)(H)(ii) of the Immigration 
and Nationality Act (8 U.S.C. 1227(a)(1)(H)(ii)) is amended by striking 
``is an alien who qualifies for classification under clause (iii) or 
(iv) of section 204(a)(1)(A) or clause (ii) or (iii) of section 
204(a)(1)(B)'' and inserting ``is a VAWA petitioner''.
    (c) Correction of Designation.--The last sentence of section 
212(a)(9)(C)(ii) of the Immigration and Nationality Act (8 U.S.C. 
1182(a)(9)(C)(ii)), as added by section 1505(a) of VAWA-2000, is 
amended by striking ``section 212(a)(9)(C)(i)'' and inserting ``clause 
(i)''.
    (d) Additional Technical Correction.--Section 237(a)(7)(A)(i)(I) of 
the Immigration and Nationality Act (8 U.S.C. 1227(a)(7)(A)(i)(I)) is 
amended by striking ``is self-defense'' and inserting ``in self-
defense''.