I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Violence Against Immigrant Women Act of 2007’’. 

6 (b) TABLE OF CONTENTS.—The table of contents of 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 


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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. 


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1 TITLE I—REFERENCES; 

2 RULEMAKING 

3 SEC. 101. REFERENCES; RULEMAKING. 

4 (a) REFERENCES.—In this Act: 

5 (1) The term ‘‘VAWA–2005’’ means title VIII 

6 of the Violence Against Women and Department of 

7 Justice Reauthorization Act of 2005 (Public Law 

8 109–162). 

9 (2) The term ‘‘VAWA–2000’’ means the Vio10 lence Against Women Act of 2000 (division B of 

11 Public Law 106–386). 

12 (b) RULEMAKING.—Not later than 180 days after the 

13 date of enactment of this Act, the Attorney General, the 

14 Secretary of Homeland Security, and the Secretary of 

15 State shall promulgate regulations to implement the provi16 sions and amendments contained in this Act. Insofar as 

17 required to carry out the previous sentence in a timely 

18 manner, such regulations shall be promulgated to take ef19 fect on an interim basis, at the same time that notice and 

20 opportunity for public comment are offered. 


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1 TITLE II—ADDITIONAL VAWA IM2 MIGRATION-RELATED PROVI3 SIONS 

4 Subtitle A—Provisions Relating to 

5 VAWA–2005 

6 SEC. 201. MISCELLANEOUS CORRECTIONS TO VAWA–2005. 

7 (a) SECTION 805.—Section 204(a)(1)(D) of the Im8 migration and Nationality Act (8 U.S.C. 1154(a)(1)(D)), 

9 as amended by section 805(a) of VAWA–2005, is amend10 ed— 

11 (1) in clause (i)(I), by striking ‘‘under clause 

12 (iv) of section 204(a)(1)(A) or section 

13 204(a)(1)(B)(iii)’’ and inserting ‘under subpara14 graph (A)(iv) or (B)(iii)’’ each place it appears; and 

15 (2) by striking ‘‘a petitioner for preference sta16 tus under paragraph (1), (2), or (3) of section 

17 203(a), whichever paragraph is applicable’’ and in18 serting ‘‘to continue to be treated as an immediate 

19 relative under section 201(b)(2)(A)(i), or to be a pe20 titioner for preference status under section 

21 203(a)(3) if subsequently married or a petitioner for 

22 preference status under section 203(a)(2)(A), which23 ever is applicable’’. 


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1 (b) EFFECTIVE DATE.—The amendments made by 

2 subsection (a) shall apply to applications filed before, on, 

3 or after the date of the enactment of VAWA–2000. 

4 SEC. 202. ADDITIONAL TECHNICAL CORRECTION. 

5 Effective as if included in Public Law 109–271, sec6 tion 6(a) of such Act is amended by inserting before the 

7 period at the end the following: ‘‘the first place it appears 

8 and by inserting ‘or (B)(iii), as the case may be’ after 

9 ‘(A)(iv)’ the second place it appears’’. 

10 SEC. 203. CLARIFICATION OF ROLES OF SECRETARY OF 

11 HOMELAND SECURITY AND ATTORNEY GEN12 ERAL. 

13 (a) T-VISAS (SECTION 801 OF VAWA–2005).—Sec14 tion 101(a)(15)(T)(i) of the Immigration and Nationality 

15 Act (8 U.S.C. 1101(a)(15)(T)(i)), as amended by section 

16 801(a)(1)(A) of VAWA–2005, is amended by striking ‘, 

17 or in the case of subclause (III)(aa) the Secretary of 

18 Homeland Security and the Attorney General jointly’’. 

19 (b) ADJUSTMENT OF STATUS FOR VICTIMS OF TRAF20 FICKING (SECTION 803 OF VAWA–2005).—Section 

21 245(l)(1) of the Immigration and Nationality Act (8 

22 U.S.C. 1255(l)(1)), as amended by section 803(a) of 

23 VAWA–2005, is amended— 


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1 (1) by striking ‘‘, or in the case of subpara2 graph (C)(i), the Attorney General,’’ each place it 

3 appears; and 

4 (2) in subparagraph (A), by striking ‘‘Attorney 

5 General’’ and inserting ‘‘Secretary of Homeland Se6 curity’’. 

7 (c) ADJUSTMENT OF STATUS FOR CRIME VICTIMS.— 

8 Section 245(m)(1) of the Immigration and Nationality Act 

9 (8 U.S.C. 1255(m)(1)) is amended, in the matter before 

10 subparagraph (A), by striking ‘‘unless the Attorney Gen11 eral’’ and inserting ‘‘unless the Secretary’’. 

12 (d) VICTIM OF TRAFFICKING CERTIFICATION PROC13 ESS (SECTION 804 OF VAWA–2005).—Section 

14 107(b)(1)(E) of the Trafficking Victims Protection Act of 

15 2000 (22 U.S.C. 7105(b)(1)(E)), as amended by section 

16 804(b) of VAWA–2005, is amended— 

17 (1) in clause (i) in the matter preceding sub18 clause (I), by striking ‘‘and the Secretary’’ and in19 serting ‘‘or the Secretary’’; 

20 (2) in clause (i)(II)(bb), by striking ‘‘Attorney 

21 General and’’; and 

22 (3) in clause (ii), by striking ‘‘Attorney Gen23 eral’’. 

24 (e) CLARIFICATION OF CONTINUED INVOLVEMENT

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1 MENT OF HOMELAND SECURITY IN ANNUAL TRAF2 FICKING REPORT.—Section 107(g) of the Trafficking Vic3 tims Protection Act of 2000 (22 U.S.C. 7105(g)), as 

4 amended by subsections (a)(1) and (d) of section 804 of 

5 VAWA–2005, is amended by striking ‘‘of each year’’ and 

6 all that follows through ‘‘shall submit a report’’ and in7 serting ‘‘of each year, the Attorney General and the Sec8 retary of Homeland Security shall jointly submit a re9 port’’. 

10 (f) EFFECTIVE DATE.—This section, and the amend11 ments made by this section, shall be effective as if included 

12 in the enactment of VAWA–2005. 

13 SEC. 204. IMBRA FEDERAL CRIMINAL PENALTY. 

14 Section 833(d)(5)(B) of VAWA–2005 is amended by 

15 striking ‘‘interstate or foreign commerce, an international 

16 marriage broker that, within the special maritime and ter17 ritorial jurisdiction of the United States, violates’’ and in18 serting ‘‘interstate or foreign commerce or within the spe19 cial maritime and territorial jurisdiction of the United 

20 States, an international marriage broker that violates’’. 


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1 Subtitle B—Additional Provisions 

2 Relating to Victims of Crime 

3 SEC. 211. TREATMENT OF GOOD MORAL CHARACTER FOR 

4 PURPOSES OF ADJUSTMENT OF STATUS FOR 

5 VICTIMS OF TRAFFICKING. 

6 Section 245(l) of the Immigration and Nationality 

7 Act (8 U.S.C. 1255(l)) is amended— 

8 (1) in paragraph (1)(B), by inserting ‘‘subject 

9 to paragraph (6),’’ after ‘‘(B)’’; and 

10 (2) by adding at the end the following new 

11 paragraph: 

12 ‘‘(6) For purposes of paragraph (1)(B), the Secretary 

13 of Homeland Security, in the Secretary’s sole unreviewable 

14 discretion, may waive consideration of a disqualification 

15 from good moral character described in section 101(f) with 

16 respect to an alien if there is a connection between the 

17 disqualification and the trafficking with respect to the 

18 alien described in section 101(a)(15)(T)(i).’’. 

19 SEC. 212. STATUS AS QUALIFIED ALIEN FOR NON20 IMMIGRANT ‘‘U’’ AND ‘‘T’’ APPLICANTS AND 

21 VISA HOLDERS. 

22 (a) IN GENERAL.—Section 431(c) of the Personal 

23 Responsibility and Work Opportunity Reconciliation Act 

24 of 1996 (8 U.S.C. 1641(c)) is amended— 


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1 (1) by striking ‘‘or’’ at the end of paragraph 

2 (2)(B); 

3 (2) by striking the period at the end of para4 graph (3)(B) and inserting a semicolon; and 

5 (3) by adding at the end the following: 

6 ‘‘(4) an alien who has applied for and not been 

7 denied or who holds status as a nonimmigrant under 

8 clause (i) or (ii) of section 101(a)(15)(U) of the Im9 migration and Nationality Act; or 

10 ‘‘(5) an alien who has applied for and not been 

11 denied or who holds status as a nonimmigrant under 

12 clause (i) or (ii) of section 101(a)(15)(T) of the Im13 migration and Nationality Act. 

14 The provisions of paragraph (5) are in addition to 

15 the access to public benefits provided in the Traf16 ficking Victims Protection Act of 2000 and the Traf17 ficking Victims Reauthorization Act of 2003.’’. 

18 (b) EFFECTIVE DATE.—The amendments made by 

19 this section apply to applications for public benefits and 

20 public benefits provided on or after the date of the enact21 ment of this Act without regard to whether regulations 

22 to carry out such amendments are implemented, as re23 quired under section 101(b). 


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1 Subtitle C—Additional Provisions 

2 Relating to VAWA Self-Peti3 tioners, VAWA Cancellation, and 

4 VAWA Suspension Applicants 

5 SEC. 221. SELF-PETITIONING FOR CHILDREN. 

6 (a) SELF-PETITIONING BY CHILDREN OF PARENT7 ABUSERS UPON DEATH OR OTHER TERMINATION OF

8 PARENT-CHILD RELATIONSHIP.— 

9 (1) CITIZEN PARENTS.—Section 

10 204(a)(1)(A)(iv) of the Immigration and Nationality 

11 Act (8 U.S.C. 1154(a)(1)(A)(iv)) is amended— 

12 (A) by striking ‘‘or who’’ and inserting 

13 ‘‘who’’; and 

14 (B) by inserting before ‘‘, and who is a 

15 person of good moral character,’’ the following: 

16 ‘‘or who was a child of a United States citizen 

17 parent who within the past 2 years (or, if later, 

18 two years after the date the child attains 18 

19 years of age) died or otherwise terminated the 

20 parent-child relationship (as defined under sec21 tion 101(b))’’. 

22 (2) LAWFUL PERMANENT RESIDENT PAR23 ENTS.— 


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1 (A) IN GENERAL.—Section 

2 204(a)(1)(B)(iii) of such Act (8 U.S.C. 

3 1154(a)(1)(B)(iii)) is amended— 

4 (i) by striking ‘‘or who’’ and inserting 

5 ‘‘who’’; and 

6 (ii) by inserting before ‘‘, and who is 

7 a person of good moral character,’’ the fol8 lowing: ‘‘or who was a child of a lawful 

9 permanent resident who within the past 2 

10 years (or, if later, two years after the date 

11 the child attains 18 years of age) died or 

12 otherwise terminated the parent-child rela13 tionship (as defined under section 

14 101(b))’’. 

15 (B) CONFORMING TREATMENT OF DE16 CEASED SPOUSES.—Section 

17 204(a)(1)(B)(ii)(II)(aa)(CC) of such Act (8 

18 U.S.C. 1154(a)(1)(B)(ii)(II)(aa)(CC)) is 

19 amended— 

20 (i) by redesignating subitems (aaa) 

21 and (bbb) as subitems (bbb) and (ccc), re22 spectively; and 

23 (ii) by inserting before subitem (bbb), 

24 as so redesignated, the following: 


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1 ‘‘(aaa) whose spouse died within the past 

2 2 years;’’. 

3 (c) EFFECTIVE DATES.— 

4 (1) IN GENERAL.—Subject to paragraph (2), 

5 the amendments made by paragraphs (1) and (2) of 

6 subsection (a) shall take effect on the date of the en7 actment of this Act. 

8 (2) TRANSITION IN CASE OF CITIZEN PARENTS

9 WHO DIED BEFORE ENACTMENT.—In applying the 

10 amendments made by paragraphs (1) and (2)(A) of 

11 subsection (a) in the case of an alien whose citizen 

12 parent or lawful permanent resident parent died or 

13 whose parent-child relationship with such parent ter14 minated during the period beginning on October 28, 

15 1998, and ending on the date of the enactment of 

16 this Act, the following rules apply: 

17 (A) The reference to ‘‘within the past 2 

18 years’’ in section 204(a)(1)(A)(iv) or 

19 204(a)(1)(B)(iii), respectively, of the Immigra20 tion and Nationality Act in the matter inserted 

21 by such paragraph is deemed to be a reference 

22 to such period. 

23 (B) The petition must be filed under such 

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1 actment of this Act (or, if later, 2 years after 

2 the alien’s 18th birthday). 

3 (C) The determination of eligibility for 

4 benefits as a child under such section (including 

5 under section 204(a)(1)(D) of the Immigration 

6 and Nationality Act by reason of a petition au7 thorized under such section) shall be deter8 mined as of the date of the death of the citizen 

9 parent or lawful permanent resident parent or 

10 the termination of the parent-child relationship. 

11 SEC. 222. ELIGIBILITY FOR SAFETY NET BENEFITS OF 

12 ALIENS SUFFERING FROM DOMESTIC ABUSE. 

13 (a) EXEMPTION FROM SSI AND FOOD STAMPS

14 BAN.—Section 402(a)(2) of the Personal Responsibility 

15 and Work Opportunity Reconciliation Act of 1996 (8 

16 U.S.C. 1612(a)(2)) is amended by adding at the end the 

17 following new subparagraph: 

18 ‘‘(M) BATTERED AND CRIME VICTIM

19 ALIENS.—With respect to eligibility for a speci20 fied Federal program (as defined in paragraph 

21 (3)), paragraph (1) shall not apply to an alien 

22 who— 

23 ‘‘(i) is described in section 431(c); 

24 ‘‘(ii) is described in section 431(b) 

25 and also is described in section 431(c), 


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1 other than paragraphs (1)(B), (2)(B), and 

2 (3)(B) of such section; or 

3 ‘‘(iii) is described in clause (i) or (ii) 

4 and was lawfully admitted as a permanent 

5 resident.’’. 

6 (b) EXEMPTION FROM TANF, SOCIAL SERVICE

7 BLOCK GRANT, AND MEDICAID BAN.—Section 402(b)(2) 

8 of such Act (8 U.S.C. 1612(b)(2)) is amended by inserting 

9 after subparagraph (F) the following new subparagraph: 

10 ‘‘(G) BATTERED AND CRIME VICTIM

11 ALIENS.—An alien who— 

12 ‘‘(i) is described in section 431(c); 

13 ‘‘(ii) is described in section 431(b) 

14 and also is described in section 431(c), 

15 other than paragraphs (1)(B), (2)(B), and 

16 (3)(B) of such section; or 

17 ‘‘(iii) is described in clause (i) or (ii) 

18 and was lawfully admitted as a permanent 

19 resident.’’. 

20 (c) EXEMPTION FROM 5-YEAR BAN FOR SAFETY

21 NET PUBLIC BENEFITS.—Section 403(b) of such Act (8 

22 U.S.C. 1613(b)) is amended by adding at the end the fol23 lowing new paragraph: 

24 ‘‘(3) BATTERED AND CRIME VICTIM ALIENS.— 

25 An alien who— 


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1 ‘‘(A) is described in section 431(c); 

2 ‘‘(B) is described in section 431(b) and 

3 also is described in section 431(c), other than 

4 paragraphs (1)(B), (2)(B), and (3)(B) of such 

5 section; or 

6 ‘‘(C) is described in subparagraph (A) or 

7 (B) and was lawfully admitted as a permanent 

8 resident.’’. 

9 (d) EFFECTIVE DATE.—The amendments made by 

10 this section apply to applications for public benefits and 

11 public benefits provided on or after the date of the enact12 ment of this Act without regard to whether regulations 

13 to carry out such amendments are implemented, as re14 quired under section 205(b). 

15 SEC. 223. PROMOTING CONSISTENCY IN VAWA ADJUDICA16 TIONS. 

17 (a) IN GENERAL.—Section 204(a)(1) of the Immi18 gration and Nationality Act (8 U.S.C. 1154(a)(1)) is 

19 amended— 

20 (1) in subparagraph (A)(iii)(II)(aa)(CC)(bbb), 

21 by striking ‘‘an incident of domestic violence’’ and 

22 inserting ‘‘battering or extreme cruelty by the 

23 United States citizen spouse’’; 


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1 (2) in subparagraph (A)(iv), by striking ‘‘an in2 cident of domestic violence’’ and inserting ‘‘battering 

3 or extreme cruelty by such parent’’; 

4 (3) in subparagraph (A)(vii)(I), as added by 

5 section 816 of VAWA–2005, is amended by striking 

6 ‘‘related to an incident of domestic violence’’ and in7 serting ‘‘related to battering or extreme cruelty by 

8 the United States citizen son or daughter’’; 

9 (4) in subparagraph (B)(ii)(II)(aa)(CC)(aaa), 

10 by striking ‘‘due to an incident of domestic violence’’ 

11 and inserting ‘‘related to battering or extreme cru12 elty by the lawful permanent resident spouse’’; and 

13 (5) in subparagraph (B)(iii), by striking ‘‘due 

14 to an incident of domestic violence’’ and inserting 

15 ‘‘related to battering or extreme cruelty by such par16 ent’’. 

17 (b) EFFECTIVE DATE.—The amendments made by 

18 subsection (a) shall take effect as if included in the enact19 ment of VAWA–2000, except that the amendment made 

20 by subsection (a)(3) shall apply as if included in the enact21 ment of VAWA–2005. 


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1 SEC. 224. CLARIFICATION OF BASIS FOR RELIEF UNDER 

2 HARDSHIP WAIVERS FOR CONDITIONAL PER3 MANENT RESIDENCE. 

4 (a) GROUNDS FOR HARDSHIP WAIVER FOR CONDI5 TIONAL PERMANENT RESIDENCE FOR INTENDED

6 SPOUSES.—Section 216(c)(4) of the Immigration and Na7 tionality Act (8 U.S.C. 1186a(c)(4)) is amended— 

8 (1) by striking ‘‘or’’ at the end of subparagraph 

9 (B); 

10 (2) by striking the period at the end of sub11 paragraph (C) and inserting ‘‘, or’’; and 

12 (3) by inserting after subparagraph (C) the fol13 lowing new subparagraph: 

14 ‘‘(D) the alien meets the requirements 

15 under section 204(a)(1)(A)(iii)(II)(aa)(BB) and 

16 following the marriage ceremony has been bat17 tered by or was subject to extreme cruelty per18 petrated by his or her intended spouse and was 

19 not at fault in failing to meet the requirements 

20 of paragraph (1).’’. 

21 (b) GROUNDS FOR RELIEF.—Such section is further 

22 amended by adding at the end the following: ‘‘An applica23 tion for relief under this paragraph may be based on one 

24 or more grounds specified in subparagraphs (A) through 

25 (D) and may be amended at any time to change the 


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1 ground or grounds for such relief without the application 

2 being resubmitted.’’. 

3 (c) CONFORMING AMENDMENT.—Section 

4 237(a)(1)(H)(ii) of such Act (8 U.S.C. 1227(a)(1)(H)(ii)) 

5 is amended by inserting before the period at the end the 

6 following: ‘‘or qualifies for a waiver under section 

7 216(c)(4)’’. 

8 (d) EFFECTIVE DATES.— 

9 (1) The amendments made by subsection (a) 

10 shall apply as if included in the enactment of 

11 VAWA–2000. 

12 (2) The amendments made by subsections (b) 

13 and (c) shall apply to applications for relief pending 

14 or filed on or after April 10, 2003. 

15 SEC. 225. RELIEF FOR CERTAIN VICTIMS PENDING AC16 TIONS ON PETITIONS AND APPLICATIONS 

17 FOR RELIEF. 

18 (a) RELIEF.— 

19 (1) LIMITATION ON REMOVAL OR DEPORTA20 TION.—Section 237 of the Immigration and Nation21 ality Act (8 U.S.C. 1227) is amended by adding at 

22 the end the following new subsection: 

23 ‘‘(d)(1) In the case of an alien in the United States 

24 for whom a petition as a VAWA petitioner has been filed, 

25 if the petition sets forth a prima facie case for approval, 


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1 the Secretary of Homeland Security may grant the alien 

2 a stay of removal until the petition is approved or the peti3 tion is denied after exhaustion of administrative appeals. 

4 Any appeal of the denial of a stay of removal under this 

5 paragraph must accompany any appeal of the underlying 

6 substantive petition or application for benefits. In the case 

7 of the approval of a petition under this paragraph, such 

8 stay of removal may be extended until a final determina9 tion is made on an application for adjustment of status. 

10 ‘‘(2) In the case of an alien in the United States for 

11 whom an application for nonimmigrant status (whether as 

12 a principal or derivative child) under subparagraph (T) 

13 or (U) of section 101(a)(15) has been filed, if the applica14 tion sets forth a prima facie case for approval, the Sec15 retary of Homeland Security may grant the alien a stay 

16 of removal until the application is approved or the applica17 tion is denied after exhaustion of administrative appeals. 

18 Any appeal of the denial of a stay of removal under this 

19 paragraph must accompany any appeal of the underlying 

20 substantive petition or application for benefits. 

21 ‘‘(3) During a period in which an alien is provided 

22 a stay of removal under this subsection, the alien shall 

23 not be removed or deported. 

24 ‘‘(4) Nothing in this subsection shall be construed as 

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1 rity to grant a stay of removal in any case not described 

2 in this subsection.’’. 

3 (2) LIMITATION ON DETENTION.—Section 236 

4 of such Act (8 U.S.C. 1226) is amended by adding 

5 at the end the following new subsection: 

6 ‘‘(f) LIMITATION ON DETENTION OF CERTAIN VIC7 TIMS OF VIOLENCE.—An alien for whom— 

8 ‘‘(1) a petition as a VAWA petitioner has been 

9 approved; 

10 ‘‘(2) an application for nonimmigrant status 

11 (whether as a principal or derivative child) under 

12 subparagraph (T) or (U) of section 101(a)(15) has 

13 been approved; or 

14 ‘‘(3) an application under section 240A(b)(2) or 

15 244(a)(3) (as in effect on March 31, 1997) has been 

16 approved by the immigration judge (whether or not 

17 the case has been appealed); 

18 shall not be detained, unless the alien is subject to manda19 tory detention under section 236A or subsection (c). If the 

20 alien is subject to detention under subsection (c) the alien 

21 shall be released if the only basis for detention is a ground 

22 for which there is a waiver or exception available under 

23 section 204(a)(1)(C), 212(h), 212(d)(13), 212(d)(14), 

24 237(a)(7), or 237(a)(2)(A)(V).’’. 


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1 (3) PROCESSING OF APPLICATIONS.—Section 

2 204(a)(1) of such Act (8 U.S.C. 1154(a)(1)) is 

3 amended by adding at the end the following new 

4 subparagraph: 

5 ‘‘(M) A petition as a VAWA petitioner shall be proc6 essed without regard to whether a proceeding to remove 

7 or deport such alien is brought or pending.’’. 

8 (4) EFFECTIVE DATE.—The amendments made 

9 by this subsection shall take effect on the date of the 

10 enactment of this Act and shall apply to petitions 

11 and applications filed before, on, or after such date. 

12 (b) CONFORMING RELIEF IN SUSPENSION OF DE13 PORTATION PARALLEL TO THE RELIEF AVAILABLE IN

14 VAWA–2000 CANCELLATION FOR BIGAMY.— 

15 (1) IN GENERAL.—Section 244(a)(3) of the Im16 migration and Nationality Act (as in effect before 

17 the title III–A effective date in section 309 of the Il18 legal Immigration Reform and Immigrant Responsi19 bility Act of 1996) shall be applied as if ‘‘or by a 

20 United States citizen or lawful permanent resident 

21 whom the alien intended to marry, but whose mar22 riage is not legitimate because of that United States 

23 citizen’s or permanent resident’s bigamy’’ were in24 serted after ‘‘by a spouse or parent who is a United 

25 States citizen or lawful permanent resident’’. 


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1 (2) EFFECTIVE DATE.—The provisions of para2 graph (1) shall apply as if included in the enactment 

3 of VAWA–2000. 

4 SEC. 226. REMOVING BARRIERS TO VAWA PROTECTION. 

5 (a) FIANCE ́(E)S.— 

6 (1) SELF-PETITIONING.—Section 

7 204(a)(1)(A)(iii) of the Immigration and Nationality 

8 Act (8 U.S.C. 1154(a)(1)(A)(iii)) is amended— 

9 (A) in subclause (I)(bb), by inserting after 

10 ‘‘during the marriage’’ the following: ‘‘or rela11 tionship intended by the alien to be legally a 

12 marriage or to conclude in a valid marriage’’; 

13 (B) in subclause (II)(aa)— 

14 (i) by striking ‘‘or’’ at the end of 

15 subitem (BB); 

16 (ii) by inserting ‘‘or’’ at the end of 

17 subitem (CC); and 

18 (iii) by adding at the end the fol19 lowing new subitem: 

20 ‘‘(DD) who entered the United States as an 

21 alien described in section 101(a)(15)(K) with the in22 tent to enter into a valid marriage and the alien (or 

23 child of the alien) was battered or subject to extreme 

24 cruelty in the United States by the United States 


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1 citizen who filed the petition to accord status under 

2 such section;’’; 

3 (C) in subclause (II)(cc), by striking ‘‘or 

4 who’’ and inserting ‘‘, who’’ and by inserting 

5 before the semicolon at the end the following: ‘‘, 

6 or who is described in subitem (aa)(DD)’’; and 

7 (D) in subclause (II)(dd), by inserting ‘‘or 

8 who is described in subitem (aa)(DD)’’ before 

9 the period at the end. 

10 (2) EXCEPTION FROM REQUIREMENT TO DE11 PART.—Section 214(d) of such Act (8 U.S.C. 

12 1184(d)) is amended by inserting before the period 

13 at the end the following: ‘‘unless the alien (and the 

14 child of the alien) entered the United States as an 

15 alien described in section 101(a)(15)(K) with the in16 tent to enter into a valid marriage and the alien or 

17 child was battered or subject to extreme cruelty in 

18 the United States by the United States citizen who 

19 filed the petition to accord status under such sec20 tion’’. 

21 (3) EFFECTIVE DATE.—The amendments made 

22 by this subsection shall take effect on the date of the 

23 enactment of this Act and shall apply to aliens ad24 mitted before, on, or after such date. 

25 (b) RELIEF FOR ABUSED FIANCE ́(E)S.— 


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1 (1) CONFORMING APPLICATION IN CANCELLA2 TION OF REMOVAL.—Section 240A(b)(2)(A)(i) of the 

3 Immigration and Nationality Act (8 U.S.C. 

4 1229b(b)(2)(A)(i)) is amended— 

5 (A) by striking ‘‘or’’ at the end of sub6 clause (II); 

7 (B) by adding ‘‘or’’ at the end of subclause 

8 (III); and 

9 (C) by adding at the end the following new 

10 subclause: 

11 ‘‘(IV) the alien entered the United 

12 States as an alien described in section 

13 101(a)(15)(K) with the intent to enter into 

14 a valid marriage and the alien (or the child 

15 of the alien who is described in such sec16 tion) was battered or subject to extreme 

17 cruelty in the United States by the United 

18 States citizen who filed the petition to ac19 cord status under such section;’’. 

20 (2) EXCEPTION TO RESTRICTION ON ADJUST21 MENT OF STATUS.—The second sentence of section 

22 245(d) of such Act (8 U.S.C. 1255(d)) is amended 

23 by inserting before the period at the end the fol24 lowing: ‘‘, unless the alien is described in section 

25 204(a)(1)(A)(iii)(II)(aa)(DD)’’. 


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1 (3) APPLICATION UNDER SUSPENSION OF DE2 PORTATION.—Section 244(a)(3) of such Act (as in 

3 effect on March 31, 1997) shall be applied (as if in 

4 effect on such date) as if the phrase ‘‘is described 

5 in section 240A(b)(2)(A)(i)(IV) or’’ were inserted 

6 before ‘‘has been battered’’ the first place it appears. 

7 (4) EFFECTIVE DATE.—The amendments made 

8 by this subsection, and the provisions of paragraph 

9 (3), shall take effect on the date of the enactment 

10 of this Act and shall apply to applications for adjust11 ment of status, for cancellation of removal, or for 

12 suspension of deportation filed before, on, or after 

13 such date. 

14 (c) SPOUSES AND CHILDREN OF ASYLUM APPLI15 CANTS UNDER ADJUSTMENT PROVISIONS.— 

16 (1) IN GENERAL.—Section 209(b)(3) of the Im17 migration and Nationality Act (8 U.S.C. 1159(b)(3)) 

18 is amended— 

19 (A) by inserting ‘‘(A)’’ after ‘‘(3)’’; and 

20 (B) by adding at the end the following: 

21 ‘‘(B) was the spouse of a refugee within the 

22 meaning of section 101(a)(42)(A) at the time the 

23 asylum application was granted and who was bat24 tered or was the subject of extreme cruelty per25 petrated by such refugee or whose child was battered 


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1 or subjected to extreme cruelty by such refugee 

2 (without the active participation of such spouse in 

3 the battery or cruelty), or 

4 ‘‘(C) was the child of a refugee within the 

5 meaning of section 101(a)(42)(A) at the time of the 

6 filing of the asylum application and who was bat7 tered or was the subject of extreme cruelty per8 petrated by such refugee,’’. 

9 (2) EFFECTIVE DATE.—The amendments made 

10 by paragraph (1) shall take effect on the date of the 

11 enactment of this Act and— 

12 (A) section 209(b)(3)(B) of the Immigra13 tion and Nationality Act, as added by para14 graph (1)(B), shall apply to spouses of refugees 

15 for whom an asylum application is granted be16 fore, on, or after such date; and 

17 (B) section 209(b)(3)(C) of such Act, as so 

18 added, shall apply with respect to the child of 

19 a refugee for whom an asylum application is 

20 filed before, on, or after such date. 

21 (d) VISA WAIVER ENTRANTS.— 

22 (1) IN GENERAL.—Section 217(b)(2) of such 

23 Act (8 U.S.C. 1187(b)(2)) is amended by inserting 

24 after ‘‘asylum,’’ the following: ‘‘as a VAWA peti25 tioner, or for relief under subparagraph (T) or (U) 


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1 of section 101(a)(15), under section 240A(b)(2), or 

2 under section 244(a)(3) (as in effect on March 31, 

3 1997),’’. 

4 (2) EFFECTIVE DATE.—The amendment made 

5 by paragraph (1) shall take effect on the date of the 

6 enactment of this Act and shall apply to waivers 

7 provided under section 217(b)(2) of the Immigration 

8 and Nationality Act before, on, or after such date as 

9 if it had been included in such waivers. 

10 (e) EXCEPTION FROM FOREIGN RESIDENCE RE11 QUIREMENT FOR EDUCATIONAL VISITORS.— 

12 (1) IN GENERAL.—Section 212(e) of such Act 

13 (8 U.S.C. 1182(e)) is amended, in the matter before 

14 the first proviso, by inserting ‘‘unless the alien is a 

15 VAWA petitioner or an applicant for nonimmigrant 

16 status under subparagraph (T) or (U) of section 

17 101(a)(15)’’ after ‘‘for an aggregate of at least two 

18 years following departure from the United States’’. 

19 (2) EFFECTIVE DATE.—The amendment made 

20 by paragraph (1) shall take effect on the date of the 

21 enactment of this Act and shall apply to aliens re22 gardless of whether the foreign residence require23 ment under section 212(e) of the Immigration and 

24 Nationality Act arises out of an admission or acqui25 sition of status under section 101(a)(15)(J) of such 


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1 Act before, on, or after the date of the enactment 

2 of this Act. 

3 SEC. 227. ELIMINATING ABUSERS’ CONTROL OVER APPLI4 CATIONS. 

5 (a) APPLICATION OF MOTIONS TO REOPEN FOR ALL

6 VAWA PETITIONERS.—Section 240(c)(7)(C)(iv) of the 

7 Immigration and Nationality Act (8 U.S.C. 

8 1230(c)(7)(C)(iv)), as redesignated by section 101(d)(1) 

9 of the REAL ID Act of 2005 (division B of Public Law 

10 109–13), is amended— 

11 (1) in subclause (I), by striking ‘‘under clause 

12 (iii) or (iv) of section 204(a)(1)(A), clause (ii) or 

13 (iii) of section 204(a)(1)(B)’’ and inserting ‘‘as a 

14 VAWA petitioner’’; and 

15 (2) in subclause (II), by inserting ‘‘or adjust16 ment of status’’ after ‘‘cancellation of removal’’. 

17 (b) SELF-PETITIONING RIGHTS UNDER SECTION

18 203 OF NACARA.—Section 309 of the Illegal Immigra19 tion and Reform and Immigrant Responsibility Act of 

20 1996 (division C of Public Law 104–208; 8 U.S.C. 1101 

21 note), as amended by section 203(a) of the Nicaraguan 

22 Adjustment and Central American Relief Act (8 U.S.C. 

23 1255 note; Public Law 105–100), is amended— 

24 (1) in subsection (c)(5)(C)(i)(VII)(aa), as 

25 amended by section 1510(b) of VAWA–2000— 


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1 (A) by striking ‘‘or’’ at the end of subitem 

2 (BB); 

3 (B) by striking ‘‘and’’ at the end of 

4 subitem (CC) and inserting ‘‘or’’; and 

5 (C) by adding at the end the following new 

6 subitem: 

7 ‘‘(DD) at the time at which 

8 the spouse or child files an appli9 cation for suspension of deporta10 tion or cancellation of removal; 

11 and’’; and 

12 (2) in subsection (g)— 

13 (A) by inserting ‘‘(1)’’ before ‘‘Notwith14 standing’’; 

15 (B) by inserting ‘‘subject to paragraph 

16 (2),’’ after ‘‘section 101(a) of the Immigration 

17 and Nationality Act)),’’; and 

18 (C) by adding at the end the following new 

19 paragraph: 

20 ‘‘(2) There shall be no limitation on a motion to re21 open removal or deportation proceedings in the case of an 

22 alien who is described in subclause (VI) or (VII) of sub23 section (c)(5)(C)(i). Motions to reopen removal or deporta24 tion proceedings in the case of such an alien shall be han25 dled under the procedures that apply to aliens seeking reVerDate Aug 31 2005 21:48 May 21, 2007 Jkt 059200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\H2388.IH H2388

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1 lief under section 204(a)(1)(A)(iii) of the Immigration and 

2 Nationality Act.’’. 

3 (c) EFFECTIVE DATE.—The amendments made by 

4 this section shall take effect on the date of the enactment 

5 of this Act. 

6 SEC. 228. PAROLE FOR VAWA PETITIONERS AND FOR DE7 RIVATIVES OF TRAFFICKING VICTIMS. 

8 (a) IN GENERAL.—Section 240A(b)(4) of the Immi9 gration and Nationality Act (8 U.S.C. 1229b(b)(4)) is 

10 amended— 

11 (1) in the heading, by striking ‘‘CHILDREN OF

12 BATTERED ALIENS’’ and inserting ‘‘BATTERED

13 ALIENS, CHILDREN OF BATTERED ALIENS, AND DE14 RIVATIVE FAMILY MEMBERS OF TRAFFICKING VIC15 TIMS,’’; 

16 (2) in subparagraph (A)— 

17 (A) by striking ‘‘or’’ at the end of clause 

18 (i); 

19 (B) by striking the period at the end of 

20 clause (ii) and inserting a semicolon; and 

21 (C) by adding at the end the following new 

22 clauses: 

23 ‘‘(iii) VAWA petitioner whose petition 

24 was approved based on having been bat25 tered or subjected to extreme cruelty by a 


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1 United States citizen spouse, parent, or 

2 son or daughter and who is admissible and 

3 eligible for an immigrant visa; 

4 ‘‘(iv) VAWA petitioner whose petition 

5 was approved based on having been bat6 tered or subjected to extreme cruelty by a 

7 lawful permanent resident spouse or par8 ent, who is admissible and would be eligi9 ble for an immigrant visa but for the fact 

10 that an immigrant visa is not immediately 

11 available to the alien, and who filed a peti12 tion for classification under section 

13 204(a)(1)(B), if at least 3 years has 

14 elapsed since the petitioner’s priority date; 

15 or 

16 ‘‘(v) an alien would, but for an appli17 cation or approval, meet the conditions for 

18 approval as a nonimmigrant described in 

19 section 101(a)(15)(T)(ii).’’; and 

20 (3) in subparagraph (B)— 

21 (A) in the first sentence, by striking ‘‘The 

22 grant of parole’’ and inserting ‘‘(i) The grant of 

23 parole under subparagraph (A)(i) or (A)(ii)’’; 


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1 (B) in the second sentence, by striking 

2 ‘‘covered under this paragraph’’ and inserting 

3 ‘‘covered under such subparagraphs’’; 

4 (C) in the last sentence, by inserting ‘‘of 

5 subparagraph (A)’’ after ‘‘clause (i) or (ii)’’; 

6 and 

7 (D) by adding at the end the following new 

8 clauses: 

9 ‘‘(ii) The grant of parole under subpara10 graph (A)(iii) or (A)(iv) shall extend from the 

11 date of approval of the applicable petition to the 

12 time the application for adjustment of status 

13 filed by aliens covered under such subpara14 graphs has been finally adjudicated. Applica15 tions for adjustment of status filed by aliens 

16 covered under such subparagraphs shall be 

17 treated as if they were applications filed under 

18 section 204(a)(1) (A)(iii), (A)(iv), (B)(ii), or 

19 (B)(iii) for purposes of section 245 (a) and (c). 

20 ‘‘(iii) The grant of parole under subpara21 graph (A)(v) shall extend from the date of the 

22 determination of the Secretary of State de23 scribed in such subparagraph to the time the 

24 application for status under section 

25 101(a)(15)(T)(ii) has been finally adjudicated. 


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1 Failure by such an alien to exercise due dili2 gence in filing a visa petition on the alien’s be3 half may result in revocation of parole.’’. 

4 (b) CONFORMING REFERENCE.—Section 212(d)(5) 

5 of such Act (8 U.S.C. 1182(d)(5)) is amended by adding 

6 at the end the following new subparagraph: 

7 ‘‘(C) Parole is provided for certain battered aliens, 

8 children of battered aliens, and parents of battered alien 

9 children under section 240A(b)(4).’’. 

10 (c) EFFECTIVE DATE.—The amendments made by 

11 this section shall take effect on the date of the enactment 

12 of this Act. 

13 SEC. 229. CLARIFICATION OF ACCESS TO NATURALIZATION 

14 FOR VICTIMS OF DOMESTIC VIOLENCE. 

15 (a) IN GENERAL.—Section 319(a) of the Immigra16 tion and Nationality Act (8 U.S.C. 1430(a)) is amended 

17 by inserting after ‘‘extreme cruelty by a United States cit18 izen spouse or parent’’ the following: ‘‘, regardless of 

19 whether the lawful permanent resident status was ob20 tained on the basis of such battery or cruelty’’. 

21 (b) USE OF CREDIBLE EVIDENCE.—Such section is 

22 further amended by adding at the end the following: ‘‘The 

23 provisions of section 204(a)(1)(J) shall apply in acting on 

24 an application under this subsection in the same manner 


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1 as they apply in acting on petitions referred to in such 

2 section.’’ 

3 (c) EFFECTIVE DATE.—The amendments made by 

4 this section shall take effect on the date of the enactment 

5 of this Act and shall apply to applications for naturaliza6 tion filed before, on, or after the date of the enactment 

7 of this Act. 

8 SEC. 230. PROTECTIONS AGAINST ADVERSE DETERMINA9 TIONS OF ADMISSIBILITY OR DEPORTABILITY 

10 BASED ON PROTECTED INFORMATION. 

11 (a) INCREASING SCOPE OF ALIENS AND INFORMA12 TION PROTECTED.—Subsection (a)(2) of section 384 of 

13 the Illegal Immigration Reform and Immigrant Responsi14 bility Act of 1996 (division C of Public Law 104–208; 8 

15 U.S.C. 1367) is amended by inserting ‘‘notwithstanding 

16 section 552 of title 5, United States Code,’’ after ‘‘(2)’’. 

17 (b) Section 825 of VAWA–2005 is amended by add18 ing at the end the following new paragraph: 

19 ‘‘(3) CONSTRUCTION.—Nothing in the amend20 ments made by this subsection shall be construed to 

21 preclude an immigration judge from taking into ac22 count violations of section 384 of the Illegal Immi23 gration Reform and Immigrant Responsibility Act of 

24 1996.’’. 


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1 (c) EFFECTIVE DATES.—The amendment made by 

2 subsection (a) shall be effective on the date of the enact3 ment of this Act and the amendment made by subsection 

4 (c) shall be effective as if included in the enactment of 

5 VAWA–2005. 

6 SEC. 231. AUTHORIZATION OF APPROPRIATIONS. 

7 There are authorized to be appropriated to the Sec8 retary of Homeland Security such sums as may be nec9 essary to provide for— 

10 (1) adjudication of petitions and adjustment ap11 plications of VAWA petitioners (as defined in section 

12 101(a)(51) of the Immigration and Nationality Act, 

13 as added by section 811 of VAWA–2005) and of 

14 aliens seeking status as nonimmigrants under sub15 paragraph (T) or (U) of section 101(a)(15) of such 

16 Act; 

17 (2) issuance of employment authorizations 

18 under section 204(a)(1)(K) of such Act, as added by 

19 section 814(b) of VAWA–2005, and under section 

20 106 of such Act, as added by section 814(c) of 

21 VAWA–2005; and 

22 (3) processing of naturalization applications 

23 under section 319(a) of the Immigration and Na24 tionality Act filed by aliens who have been battered 

25 or subjected to extreme cruelty. 


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1 SEC. 232. WAIVER OF CERTAIN GROUNDS OF INADMIS2 SIBILITY FOR VAWA PETITIONERS. 

3 (a) EXEMPTION FROM PUBLIC CHARGE GROUND.— 

4 (1) IN GENERAL.—Section 212(a)(4) of the Im5 migration and Nationality Act (8 U.S.C. 1182(a)(4)) 

6 is amended by adding at the end the following new 

7 subparagraph: 

8 ‘‘(E) SPECIAL RULE FOR BATTERED

9 ALIENS.—Subparagraphs (A) through (C) shall 

10 not apply to an alien who is a VAWA self-peti11 tioner, is an applicant or has been granted sta12 tus under section 101(a)(15)(U), or is a quali13 fied alien described in section 431(c) of the 

14 Personal Responsibility and Work Opportunity 

15 Reconciliation Act of 1996.’’. 

16 (2) CONFORMING AMENDMENT.—Section 

17 212(a)(4)(C)(i) of such Act (8 U.S.C. 

18 1182(a)(4)(C)(i)) is amended to read as follows: 

19 ‘‘(i) the alien is described in subpara20 graph (E); or’’. 

21 (b) EFFECTIVE DATE.—The amendments made by 

22 this section shall take effect on the date of the enactment 

23 of this Act and shall apply regardless of whether the 

24 alien’s application was filed before, on, or after such date. 


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1 SEC. 233. CLARIFYING NONAPPLICATION OF CANCELLA2 TION CAP TO CANCELLATION OF REMOVAL. 

3 (a) IN GENERAL.—Section 240A(e)(3) of the Immigra4 tion and Nationality Act (8 U.S.C. 1229b(e)(3)) is amend5 ed by adding at the end the following new subparagraph: 

6 ‘‘(C) Aliens with respect to their cancella7 tion of removal under subsection (b)(2).’’. 

8 (b) EFFECTIVE DATE.—The amendment made by 

9 subsection (a) shall apply to cancellations of removal oc10 curring on or after October 1, 2006. 

11 Subtitle D—Miscellaneous 

12 Additional Provisions 

13 SEC. 241. CORRECTION OF CROSS-REFERENCE TO CRED14 IBLE EVIDENCE PROVISIONS. 

15 (a) CUBAN ADJUSTMENT PROVISION.—The last sen16 tence of the first section of Public Law 89–732 (November 

17 2, 1966; 8 U.S.C. 1255 note), as amended by section 

18 1509(a) of VAWA–2000, is amended by striking 

19 ‘‘204(a)(1)(H)’’ and inserting ‘‘204(a)(1)(J)’’. 

20 (b) NACARA.—Section 202(d)(3) of the Nicaraguan 

21 Adjustment and Central American Relief Act (8 U.S.C. 

22 1255 note; Public Law 105–100), as amended by section 

23 1510(a)(2) of VAWA–2000, is amended by striking 

24 ‘‘204(a)(1)(H)’’ and inserting ‘‘204(a)(1)(J)’’. 

25 (c) IIARAIRA.—Section 309(c)(5)(C)(iii) of the Ille26 gal Immigration and Reform and Immigrant ResponsiVerDate Aug 31 2005 21:48 May 21, 2007 Jkt 059200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\H2388.IH H2388

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1 bility Act of 1996 (division C of Public Law 104–208; 8 

2 U.S.C. 1101 note), as amended by section 1510(b)(2) of 

3 VAWA–2000, is amended by striking ‘‘204(a)(1)(H)’’ and 

4 inserting ‘‘204(a)(1)(J)’’. 

5 (d) HRIFA.—Section 902(d)(1)(B)(iii) of the Hai6 tian Refugee Immigration Fairness Act of 1998 (division 

7 A of section 101(h) of Public Law 105–277; 112 Stat. 

8 2681–538), as amended by section 1511(a) of VAWA– 

9 2000, is amended by striking ‘‘204(a)(1)(H)’’ and insert10 ing ‘‘204(a)(1)(J)’’. 

11 (e) EFFECTIVE DATE.—The amendments made by 

12 this section shall take effect as if included in the enact13 ment of VAWA–2000. 

14 SEC. 242. CONFORMING AMENDMENT CONFIRMING 

15 IIRAIRA’S GRANT OF PUBLIC AND ASSISTED 

16 HOUSING TO ALL QUALIFIED ALIENS, IN17 CLUDING BATTERED IMMIGRANTS. 

18 (a) IN GENERAL.—Section 214 of the Housing and 

19 Community Development Act of 1980 (42 U.S.C. 1436a) 

20 is amended— 

21 (1) in subsection (a)— 

22 (A) in paragraph (5), by striking ‘‘or’’ at 

23 the end; 

24 (B) by redesignating paragraph (7) as 

25 paragraph (8); and 


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1 (C) by inserting after paragraph (6) the 

2 following new paragraph: 

3 ‘‘(7) a qualified alien described in section 

4 431 of the Personal Responsibility and Work 

5 Opportunity Reconciliation Act of 1996 (8 

6 U.S.C. 1641), or’’; and 

7 (2) in subsection (c)— 

8 (A) in paragraph (1)(A), by striking ‘‘(6)’’ 

9 and inserting ‘‘(7)’’; and 

10 (B) in paragraph (2)(A), in the matter 

11 preceding clause (i), by inserting ‘‘(other than 

12 a qualified alien described in section 431 of the 

13 Personal Responsibility and Work Opportunity 

14 Reconciliation Act of 1996 (8 U.S.C. 1641)’’ 

15 after ‘‘any alien’’. 

16 (b) EFFECTIVE DATE.—The amendments made by 

17 this section apply to applications for public benefits and 

18 public benefits provided on or after the date of the enact19 ment of this Act without regard to whether regulations 

20 to carry out such amendments are implemented, as re21 quired under section 205(b). 

22 SEC. 243. MISCELLANEOUS TECHNICAL CORRECTIONS. 

23 (a) PUNCTUATION CORRECTION.—Effective as if in24 cluded in the enactment of section 5(c)(2) of VAWA– 

25 2000, section 237(a)(1)(H)(i)(II) of the Immigration and 


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1 Nationality Act (8 U.S.C. 1227(a)(1)(H)(i)(II)) is amend2 ed by striking the period at the end and inserting ‘‘; or’’. 

3 (b) TERMINOLOGY.—Effective as if included in the 

4 enactment of section 811 of VAWA–2005, section 

5 237(a)(1)(H)(ii) of the Immigration and Nationality Act 

6 (8 U.S.C. 1227(a)(1)(H)(ii)) is amended by striking ‘‘is 

7 an alien who qualifies for classification under clause (iii) 

8 or (iv) of section 204(a)(1)(A) or clause (ii) or (iii) of sec9 tion 204(a)(1)(B)’’ and inserting ‘‘is a VAWA petitioner’’. 

10 (c) CORRECTION OF DESIGNATION.—The last sen11 tence of section 212(a)(9)(C)(ii) of the Immigration and 

12 Nationality Act (8 U.S.C. 1182(a)(9)(C)(ii)), as added by 

13 section 1505(a) of VAWA–2000, is amended by striking 

14 ‘‘section 212(a)(9)(C)(i)’’ and inserting ‘‘clause (i)’’. 

15 (d) ADDITIONAL TECHNICAL CORRECTION.—Section 

16 237(a)(7)(A)(i)(I) of the Immigration and Nationality Act 

17 (8 U.S.C. 1227(a)(7)(A)(i)(I)) is amended by striking ‘‘is 

18 self-defense’’ and inserting ‘‘in self-defense’’. 


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