I

106TH CONGRESS

2D SESSION H. R. 4966

To amend the Immigration and Nationality Act to restore fairness to

immigration law, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JULY 26, 2000

Mr. CONYERS (for himself, Ms. JACKSON-LEE of Texas, Mrs. MORELLA, Ms.

ROYBAL-ALLARD, Mr. GUTIERREZ, Mr. CLYBURN, Mr. UNDERWOOD,

Mrs. MEEK of Florida, Mr. FRANK of Massachusetts, Mr. BERMAN, Mr.

NADLER, Ms. WATERS, Mr. DELAHUNT, Mr. WEINER, Mr. FILNER, Ms.

LEE, Ms. SCHAKOWSKY, Mr. HASTINGS of Florida, Mr. KENNEDY of

Rhode Island, Mr. MCDERMOTT, Mr. SERRANO, Mr. FROST, Mr. CROWLEY, Ms. MILLENDER-MCDONALD, Ms. BROWN of Florida, Mrs. MINK of

Hawaii, and Mr. BISHOP) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To amend the Immigration and Nationality Act to restore

fairness to immigration law, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE; AMENDMENTS TO IMMIGRATION

2 AND NATIONALITY ACT; TABLE OF CON3 TENTS.

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

5 ‘‘Restoration of Fairness in Immigration Law Act of

6 2000’’.

7 (b) AMENDMENTS TO IMMIGRATION AND NATION8 ALITY ACT.—Except as otherwise specifically provided in

9 this Act, whenever in this Act an amendment or repeal

10 is expressed as the amendment or repeal of a section or

11 other provision, the reference shall be considered to be

12 made to that section or provision in the Immigration and

13 Nationality Act.

14 (c) TABLE OF CONTENTS.—The table of contents of

15 this Act is as follows:

Sec. 1. Short title; amendments to Immigration and Nationality Act; table of

contents.

TITLE I—DUE PROCESS IN IMMIGRATION PROCEEDINGS

Subtitle A—Judicial Review in Immigration Proceedings

Sec. 101. Judicial review of administrative remedies and habeas corpus.

Sec. 102. Judicial review of asylum determinations.

Sec. 103. Judicial review of decisions concerning apprehension and detention of

aliens.

Sec. 104. Judicial review of decisions concerning document fraud waivers.

Sec. 105. Judicial review of orders issued in absentia.

Sec. 106. Judicial review of denial of request for order of voluntary departure.

Sec. 107. Transitional changes in judicial review.

Subtitle B—Fairness in Removal Proceedings

Sec. 111. Equitable burden of proof for admissibility.

Sec. 112. Presumption in favor of withdrawal of application for admission.

Sec. 113. Absences outside the control of the alien.

Sec. 114. Reinstatement of removal orders against aliens illegally reentering.

Subtitle C—Fairness in Detention
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Sec. 121. Restoring discretionary authority to the Attorney General in cases of

individuals who pose no risk to safety or of fleeing.

Sec. 122. Periodic review of detention determination.

Sec. 123. Limitation on indefinite detention.

Sec. 124. Pilot program to consider alternatives to detention.

Sec. 125. Elimination of mandatory detention in expedited removal proceedings.

Sec. 126. Right to counsel.

Sec. 127. Clarification of intent of transitional provision on references to removal orders.

Subtitle D—Consular Review of Visa Applications

Sec. 131. Establishment of a Board of Visa Appeals.

Sec. 132. Nondiscrimination provisions.

TITLE II—FAIRNESS AND EQUITY IN CASES INVOLVING

PREVIOUS AND MINOR MISCONDUCT

Subtitle A—Increased Fairness and Equity Concerning Removal Proceedings

Sec. 201. Equitable definition of ‘‘crime involving moral turpitude’’.

Sec. 202. Equitable application and definition of ‘‘aggravated felony’’.

Sec. 203. Equitable definitions of ‘‘conviction’’ and ‘‘term of imprisonment’’.

Sec. 204. Equitable definition of ‘‘crimes of moral turpitude’’.

Sec. 205. Restoration of fairness in equitable relief for long-time legal permanent residents.

Sec. 206. Restoration of fairness in equitable relief for other noncitizens.

Sec. 207. Eliminating unfair retroactive changes in removal rules for persons

subject to pending proceedings.

Sec. 208. Eliminating unfair retroactive changes in removal rules for persons

previously removed.

Subtitle B—Increased Fairness and Equity Concerning 5-Year Bars to

Admission and Other Grounds for Exclusion

Sec. 211. Limiting 5-year bar to admission to persons who willfully fail to attend removal proceedings.

Sec. 212. Limiting 5-year bar to admission to persons who willfully violate student visa conditions.

Sec. 213. Limiting ban on admissibility to persons who willfully make false

claims for citizenship.

Sec. 214. Equitable waiver of inadmissibility for minor criminal offenses.

Sec. 215. Reducing length of duration of bars to inadmissibility.

TITLE III—ENCOURAGING FAMILY REUNIFICATION

Subtitle A—Reuniting Family Members

Sec. 301. Visa for spouses and children of permanent residents temporarily

waiting for visa numbers.

Sec. 302. Refugee status for unmarried sons and daughters of refugees.

Sec. 303. Asylee status for unmarried sons and daughters of asylees.

Sec. 304. Protection against processing delays.

Subtitle B—Limited Waiver of Grounds of Admissibility

Sec. 311. Discretionary waiver in cases involving family members.

Sec. 312. Discretionary waiver in document cases involving family members.
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Sec. 313. Discretionary waiver to admit persons in unusual circumstances.

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

Sec. 321. Permanent application of section 245(i).

Sec. 322. Eliminating unfairness created by temporary sunset of section 245(i).

Subtitle D—Equitable Procedures Concerning Voluntary Departure

Sec. 331. Discretionary determination of period of voluntary departure.

Sec. 332. Discretionary determination of voluntary departure bond based on individual circumstances.

Sec. 333. Elimination of automatic penalties for failing to depart in accordance

with a voluntary departure grant.

Subtitle E—Fairness in Determination of Public Charge

Sec. 341. Equitable procedures concerning public charge and affidavit of support.

TITLE IV—FAIRNESS IN ASYLUM AND REFUGEE PROCEEDINGS

Subtitle A—Increased Fairness in Asylum Proceedings

Sec. 401. Elimination of arbitrary time limits on asylum applications.

Sec. 402. Gender-based persecution.

Sec. 403. Elimination of arbitrary cap on persons eligible to adjust status from

asylees to legal permanent residents.

Sec. 404. Restoration of eligibility for withholding of removal for persons facing

loss of life or freedom.

Subtitle B—Increased Fairness and Rationality in Refugee Consultations

Sec. 411. Timely consultation with respect to refugee admissions.

TITLE V—INCREASED FAIRNESS AND EQUITY IN

NATURALIZATION AND LEGALIZATION PROCEEDINGS

Subtitle A—Naturalization Proceedings

Sec. 501. Increased authorization of funds for naturalization proceedings.

Sec. 502. Exemption from English language requirement for certain aliens who

served with special guerrilla units or irregular forces.

Sec. 503. Special consideration concerning civics requirement for certain aliens

who served with special guerrilla units or irregular forces.

Sec. 504. Documentation of qualifying service.

Sec. 505. Determination of eligibility for exemption and special consideration.

Sec. 506. Deadline for application and payment of fees.

Subtitle B—Parity in Treatment for Refugees From Central America and

Haiti

Sec. 511. Adjustment of status for certain nationals from El Salvador, Guatemala, Honduras, and Haiti.

Sec. 512. Applications pending under section 203 of the Nicaraguan Adjustment and Central American Relief Act.

Sec. 513. Applications pending under the Haitian Refugee Immigration Fairness Act of 1998.
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Sec. 514. Technical amendments to the Nicaraguan Adjustment and Central

American Relief Act.

Sec. 515. Technical amendments to the Haitian Immigration Fairness Act of

1998.

Sec. 516. Motions to reopen.

Subtitle C—Equality of Treatment for Women’s Citizenship

Sec. 521. Declaration of citizenship for certain women who lost citizenship solely by reason of marriage to an alien prior to September 22,

1922.

Sec. 522. Equity in transmission of citizenship.

Subtitle D—Fairness in the Treatment for Refugees From Liberia

Sec. 531. Adjustment of status of certain Liberian nationals.

Subtitle E—Fairness in Review of Previously Granted Amnesty Rights

Sec. 541. Elimination of limitation on legalization litigation.

Subtitle F—Legal Amnesty Restoration

Sec. 551. Record of admission for permanent residence in the case of certain

aliens.

Subtitle G—Equality of Treatment for Asian American Visa Petitions

Sec. 561. Immigration of certain aliens born in the Philippines or Japan and

fathered by U.S. citizens.

TITLE VI—FAIRNESS AND COMPASSION IN THE TREATMENT OF

BATTERED IMMIGRANTS

Sec. 601. Findings and purposes.

Sec. 602. Restoring immigration protections under the Violence Against Women

Act of 1994 (VAWA).

Sec. 603. Remedying problems with implementation of the immigration provisions of VAWA.

Sec. 604. Waivers and exceptions to inadmissibility for otherwise qualified battered immigrants.

Sec. 605. Calculation of physical presence in VAWA cancellation of removal

and suspension of deportation.

Sec. 606. Improved access to VAWA immigration protections for battered immigrant women.

Sec. 607. Improved access to VAWA cancellation of removal.

Sec. 608. Good moral character determinations.

Sec. 609. Economic security for battered immigrant women.

Sec. 610. Access to legal representation and services for battered immigrants.

Sec. 611. Violence Against Women Act training for INS officers, immigration

judges, and civil and criminal court justice system personnel.

Sec. 612. Protection for certain crime victims including crimes against women.

Sec. 613. Access to Cuban Adjustment for battered immigrant spouses and

children.

Sec. 614. Access to the Nicaraguan and Central American Relief Act for battered spouses and children.

Sec. 615. Access to the Haitian Refugee Immigration Fairness Act of 1998 for

battered spouses and children.
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TITLE VII—UNUSED EMPLOYMENT-BASED IMMIGRANT VISAS

Sec. 701. Recapture of unused employment-based immigrant visas.

TITLE VIII—MISCELLANEOUS PROVISIONS

Sec. 801. Technical and conforming change concerning Board of Immigration

Appeals.

Sec. 802. Limiting forfeiture for certain assets used to violate INA where there

was no commercial gain.

Sec. 803. Elimination of ban on State and local governments from preventing

communications with the INS.

Sec. 804. Elimination of authority to permit State personnel to carry out immigration officer functions.

Sec. 805. Parole authority.

Sec. 806. Enhanced Border Patrol recruitment and retention.

Sec. 807. Elimination of denial of immigration benefits for erroneous asylum

application.

Sec. 808. Authorization of appropriations for implementation of Act.

TITLE IX—EFFECTIVE DATES

Sec. 901. General effective date.

Sec. 902. Other effective dates.

1 TITLE I—DUE PROCESS IN

2 IMMIGRATION PROCEEDINGS

3 Subtitle A—Judicial Review in

4 Immigration Proceedings

5 SEC. 101. JUDICIAL REVIEW OF ADMINISTRATIVE REM6 EDIES AND HABEAS CORPUS.

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

8 follows:

9 ‘‘JUDICIAL REVIEW OF ORDERS OF REMOVAL

10 ‘‘SEC. 242. (a) The procedure prescribed by, and all

11 the provisions of chapter 158 of title 28, United States

12 Code, shall apply to, and shall be the sole and exclusive

13 procedure for, the judicial review of all final orders of re14 moval heretofore or hereafter made against aliens within

15 the United States pursuant to administrative proceedings
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1 under section 240 or pursuant to section 238 of this Act

2 or comparable provisions of any prior Act, except that—

3 ‘‘(1) a petition for review may be filed not later

4 than 90 days after the date of the issuance of the

5 final removal order, or, in the case of an alien con6 victed of an aggravated felony (including an alien

7 described in section 238) not later than 30 days

8 after the issuance of such order;

9 ‘‘(2) the venue of any petition for review under

10 this section shall be in the judicial circuit in which

11 the administrative proceedings before an immigra12 tion judge were conducted in whole or in part, or in

13 the judicial circuit wherein is the residence, as de14 fined in this Act, of the petitioner, but not in more

15 than one circuit;

16 ‘‘(3) the action shall be brought against the Im17 migration and Naturalization Service, as respondent.

18 Service of the petition to review shall be made upon

19 the Attorney General of the United States and upon

20 the official of the Immigration and Naturalization

21 Service in charge of the Service district in which the

22 office of the clerk of the court is located. The service

23 of the petition for review upon such official of the

24 Service shall stay the removal of the alien pending

25 determination of the petition by the court, unless the
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1 court otherwise directs or unless the alien is con2 victed of an aggravated felony (including an alien

3 described in section 238), in which case the Service

4 shall not stay the removal of the alien pending deter5 mination of the petition of the court unless the court

6 otherwise directs;

7 ‘‘(4) except as provided in clause (B) of para8 graph (5) of this subsection, the petition shall be de9 termined solely upon the administrative record upon

10 which the removal order is based and the Attorney

11 General’s findings of fact, if supported by reason12 able, substantial, and probative evidence on the

13 record considered as a whole, shall be conclusive;

14 ‘‘(5) whenever any petitioner, who seeks review

15 of an order under this section, claims to be a na16 tional of the United States and makes a showing

17 that his claim is not frivolous, the court shall (A)

18 pass upon the issues presented when it appears from

19 the pleadings and affidavits filed by the parties that

20 no genuine issue of material fact is presented; or (B)

21 where a genuine issue of material fact as to the peti22 tioner’s nationality is presented, transfer the pro23 ceedings to a United States district court for the

24 district where the petitioner has his residence for

25 hearing de novo of the nationality claim and deter-
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1 mination as if such proceedings were originally initi2 ated in the district court under the provisions of sec3 tion 2201 of title 28, United States Code. Any such

4 petitioner shall not be entitled to have such issue de5 termined under section 360(a) of this Act or other6 wise;

7 ‘‘(6) whenever a petitioner seeks review of an

8 order under this section, any review sought with re9 spect to a motion to reopen or reconsider such an

10 order shall be consolidated with the review of the

11 order;

12 ‘‘(7) if the validity of a removal order has not

13 been judicially determined, its validity may be chal14 lenged in a criminal proceeding against the alien for

15 violation of subsection (a) or (b) of section 243 of

16 this Act only by separate motion for judicial review

17 before trial. Such motion shall be determined by the

18 court without a jury and before the trial of the gen19 eral issue. Whenever a claim to United States na20 tionality is made in such motion, and in the opinion

21 of the court, a genuine issue of material fact as to

22 the alien’s nationality is presented, the court shall

23 accord him a hearing de novo on the nationality

24 claim and determine that issue as if proceedings had

25 been initiated under the provisions of section 2201
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1 of title 28, United States Code. Any such alien shall

2 not be entitled to have such issue determined under

3 section 360(a) of this Act or otherwise. If no such

4 hearing de novo as to nationality is conducted, the

5 determination shall be made solely upon the admin6 istrative record upon which the removal order is

7 based and the Attorney General’s findings of fact,

8 if supported by reasonable, substantial, and pro9 bative evidence on the record considered as a whole,

10 shall be conclusive. If the removal order is held in11 valid, the court shall dismiss the indictment and the

12 United States shall have the right to appeal to the

13 court of appeals within 30 days. The procedure on

14 such appeals shall be as provided in the Federal

15 rules of criminal procedure. No petition for review

16 under this section may be filed by any alien during

17 the pendency of a criminal proceeding against such

18 alien for violation of subsection (a) or (b) of section

19 243 of this Act;

20 ‘‘(8) nothing in this section shall be construed

21 to require the Attorney General to defer removal of

22 an alien after the issuance of a removal order be23 cause of the right of judicial review of the order

24 granted by this section, or to relieve any alien from

25 compliance with subsections (a) and (b) of section
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1 243 of this Act. Nothing contained in this section

2 shall be construed to preclude the Attorney General

3 from detaining or continuing to detain an alien or

4 from taking the alien into custody pursuant to sec5 tion 241 of this Act at any time after the issuance

6 of a removal order;

7 ‘‘(9) it shall not be necessary to print the

8 record or any part thereof, or the briefs, and the

9 court shall review the proceedings on a typewritten

10 record and on typewritten briefs; and

11 ‘‘(10) any alien held in custody pursuant to an

12 order of removal may obtain judicial review thereof

13 by habeas corpus proceedings.

14 ‘‘(b) Notwithstanding the provisions of any other law,

15 any alien against whom a final order of removal has been

16 made heretofore or hereafter under the provisions of sec17 tion 235 of this Act or comparable provisions of any prior

18 Act may obtain judicial review of such order by habeas

19 corpus proceedings and not otherwise.

20 ‘‘(c) An order of removal shall not be reviewed by any

21 court if the alien has not exhausted the administrative

22 remedies available to the alien as of right under the immi23 gration laws and regulations or if the alien has departed

24 from the United States after the issuance of the order.

25 Every petition for review or for habeas corpus shall state
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1 whether the validity of the order has been upheld in any

2 prior judicial proceeding, and, if so, the nature and date

3 thereof, and the court in which such proceeding took place.

4 No petition for review or for habeas corpus shall be enter5 tained if the validity of the order has been previously de6 termined in any civil or criminal proceeding, unless the

7 petition presents grounds which the court finds could not

8 have been presented in such prior proceeding, or the court

9 finds that the remedy provided by such prior proceeding

10 was inadequate or ineffective to test the validity of the

11 order.

12 ‘‘(d)(1) A petition for review or for habeas corpus on

13 behalf of an alien against whom a final order of removal

14 has been issued pursuant to section 238(b) may challenge

15 only—

16 ‘‘(A) whether the alien is in fact the alien de17 scribed in the order;

18 ‘‘(B) whether the alien is in fact an alien de19 scribed in section 238(b)(2)(A) who is not eligible

20 for relief from removal under this Act;

21 ‘‘(C) whether the alien has been convicted of an

22 aggravated felony and such conviction has become

23 final; and

24 ‘‘(D) whether the alien was afforded the proce25 dures required by section 238(b)(4).
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1 ‘‘(2) No court shall have jurisdiction to review any

2 issue other than an issue described in paragraph (1).’’.

3 SEC. 102. JUDICIAL REVIEW OF ASYLUM DETERMINATIONS.

4 (a) AUTHORITY TO APPLY FOR ASYLUM.—Section

5 208(a) (8 U.S.C. 1158(a)) is amended by striking para6 graph (3).

7 (b) CONDITIONS FOR GRANTING ASYLUM.—Section

8 208(b)(2) (8 U.S.C. 1158(b)(2)) is amended by striking

9 subparagraph (D).

10 SEC. 103. JUDICIAL REVIEW OF DECISIONS CONCERNING

11 APPREHENSION AND DETENTION OF ALIENS.

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

13 subsection (e).

14 SEC. 104. JUDICIAL REVIEW OF DECISIONS CONCERNING

15 DOCUMENT FRAUD WAIVERS.

16 (a) INADMISSIBLE ALIENS.—Section 212(d)(12) (8

17 U.S.C. 1182(d)(12)) is amended by striking the final sen18 tence.

19 (b) DEPORTABLE ALIENS.—Section 237(a)(3)(C)(ii)

20 (8 U.S.C. 1227(a)(3)(C)(ii)) is amended by striking the

21 final sentence.
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1 SEC. 105. JUDICIAL REVIEW OF ORDERS ISSUED IN

2 ABSENTIA.

3 Section 240(b)(5) (8 U.S.C. 1229a(b)(5)) is amended

4 by striking subparagraph (D) and redesignating subpara5 graph (E) as subparagraph (D).

6 SEC. 106. JUDICIAL REVIEW OF DENIAL OF REQUEST FOR

7 ORDER OF VOLUNTARY DEPARTURE.

8 Section 240B (8 U.S.C. 1229c) is amended by strik9 ing subsection (f).

10 SEC. 107. TRANSITIONAL CHANGES IN JUDICIAL REVIEW.

11 Section 309(c)(4) of the Illegal Immigration Reform

12 and Immigrant Responsibility Act of 1996 (8 U.S.C. 1101

13 note) is repealed.

14 Subtitle B—Fairness in Removal

15 Proceedings

16 SEC. 111. EQUITABLE BURDEN OF PROOF FOR ADMISSI17 BILITY.

18 Section 240(c)(2) (8 U.S.C. 1229a(c)(2)) is

19 amended—

20 (1) in the matter preceding subparagraph (A),

21 by striking ‘‘establishing—’’ and inserting ‘‘estab22 lishing, by clear and convincing evidence—’’;

23 (2) in subparagraph (A), by striking ‘‘clearly

24 and beyond doubt’’; and

25 (3) in subparagraph (B), by striking ‘‘by clear

26 and convincing evidence,’’.
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1 SEC. 112. PRESUMPTION IN FAVOR OF WITHDRAWAL OF AP2 PLICATION FOR ADMISSION.

3 Section 235(a)(4) (8 U.S.C. 1225(a)(4)) is amended

4 to read as follows:

5 ‘‘(4) WITHDRAWAL OF APPLICATION FOR AD6 MISSION.—

7 ‘‘(A) PRESUMPTION IN FAVOR OF WITH8 DRAWAL.—The Attorney General shall permit

9 an alien applying for admission to withdraw the

10 application and depart immediately from the

11 United States at any time, unless an immigra12 tion judge has rendered a decision with respect

13 to the admissibility of the alien, except that the

14 Attorney General may deny permission for the

15 withdrawal when warranted by unusual cir16 cumstances.

17 ‘‘(B) PERMISSIVE WITHDRAWAL.—Except

18 as provided in subparagraph (A), an alien ap19 plying for admission may, in the discretion of

20 the Attorney General and at any time after a

21 decision described in such subparagraph has

22 been rendered, be permitted to withdraw the

23 application and depart immediately from the

24 United States.’’.
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1 SEC. 113. ABSENCES OUTSIDE THE CONTROL OF THE

2 ALIEN.

3 Section 101(a)(13)(C) (8 U.S.C. 1101(a)(13(C)) is

4 amended by amending clause (ii) to read as follows:

5 ‘‘(ii) has been absent from the United

6 States for a continuous period in excess of

7 one year unless the alien’s return was im8 peded by emergency or extenuating cir9 cumstances outside the control of the

10 alien,’’.

11 SEC. 114. REINSTATEMENT OF REMOVAL ORDERS AGAINST

12 ALIENS ILLEGALLY REENTERING.

13 Section 241(a)(5) (8 U.S.C. 1231(a)(5)) is

14 amended—

15 (1) by inserting ‘‘, after a hearing by an immi16 gration judge,’’ after ‘‘If’’;

17 (2) by inserting ‘‘, on or after September 30,

18 1996,’’ after ‘‘alien has’’;

19 (3) by striking ‘‘is reinstated’’ and inserting

20 ‘‘may be deemed to be reinstated’’;

21 (4) by striking ‘‘and is not subject’’ and all that

22 follows through ‘‘under this Act’’; and

23 (5) by striking the period at the end and insert24 ing the following: ‘‘subject to reopening and review

25 of the previous order. Nothing in this section shall
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1 preclude an alien from applying for any relief from

2 removal under this Act.’’.

3 Subtitle C—Fairness in Detention

4 SEC. 121. RESTORING DISCRETIONARY AUTHORITY TO THE

5 ATTORNEY GENERAL IN CASES OF INDIVID6 UALS WHO POSE NO RISK TO SAFETY OR OF

7 FLEEING.

8 Section 236(c) (8 U.S.C. 1226(c)) is amended—

9 (1) in paragraph (1), by striking ‘‘Attorney

10 General shall’’ and inserting ‘‘Attorney General

11 may’’; and

12 (2) by amending paragraph (2) to read as fol13 lows:

14 ‘‘(2) RELEASE.—The Attorney General shall re15 lease any alien described in paragraph (1) if the

16 alien satisfies the Attorney General that the alien

17 will not pose a danger to the safety of other persons

18 or of property and is likely to appear for any sched19 uled proceeding. All custody, bond, and parole deter20 minations shall be reviewable by an immigration

21 judge and subject to administrative appeal.’’.

22 SEC. 122. PERIODIC REVIEW OF DETENTION DETERMINA23 TION.

24 Section 241(a) (8 U.S.C. 1231(a)) is amended—
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1 (1) by redesignating paragraph (6) as para2 graph (6)(A);

3 (2) in paragraph (6)(A) (as redesignated), by

4 inserting ‘‘for a reasonable period of time, not to ex5 ceed 9 months following the removal period, to allow

6 for ongoing negotiations to effect such removal’’

7 after ‘‘removal period’’; and

8 (3) by inserting before paragraph (7) the fol9 lowing:

10 ‘‘(B) Upon conclusion of the removal period

11 and every 90 days thereafter, the Attorney General

12 shall review whether the alien is required to be re13 leased under subsection (j).

14 ‘‘(C) Determinations under this subparagraph

15 shall be subject to de novo review by an immigration

16 judge and administrative appeal. In such review, it

17 shall be the Attorney General’s burden to prove that

18 continued detention is authorized under subsection

19 (a).’’.

20 SEC. 123. LIMITATION ON INDEFINITE DETENTION.

21 Section 241 (8 U.S.C. 1231) is amended by adding

22 at the end the following:

23 ‘‘(j) Notwithstanding any other provision of this sec24 tion, including subsection (a)(2), the Attorney General
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1 may not detain an alien who requests release and dem2 onstrates to the Attorney General that—

3 ‘‘(1) the alien is not a risk to the community

4 and is likely to comply with the order of removal;

5 and

6 ‘‘(2) removal of the alien cannot be effectuated

7 within the removal period specified in section

8 241(a)(2).

9 The determination by the Attorney General shall be sub10 ject to de novo review by an immigration judge and admin11 istrative appeal.’’.

12 SEC. 124. PILOT PROGRAM TO CONSIDER ALTERNATIVES

13 TO DETENTION.

14 (a) PILOT PROGRAM ON ALTERNATIVES TO DETEN15 TION IN PENAL SETTING.—The Attorney General shall es16 tablish a pilot program in 3 district offices of the Immi17 gration and Naturalization Service to determine the viabil18 ity of supervision, through means other than confinement

19 in a penal setting, of aliens who have no criminal record,

20 or have a criminal record that includes only nonviolent

21 minor offenses, but who are subject to detention under the

22 Immigration and Nationality Act at the discretion of the

23 Attorney General.

24 (b) STUDY AND REPORT ON ALTERNATIVES TO DE25 TENTION IN PENAL SETTING.—In carrying out subsection
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1 (a), the Attorney General shall conduct a study, and sub2 mit a report to the Congress not later than 6 months after

3 the date of the enactment of this Act, on alternatives to

4 detention of aliens who have no criminal record (or have

5 a criminal record that includes only nonviolent minor of6 fenses) and are not inadmissible or deportable by reason

7 of having committed a criminal offense in detention facili8 ties used for the incarceration of persons convicted of a

9 criminal offense.

10 SEC. 125. ELIMINATION OF MANDATORY DETENTION IN EX11 PEDITED REMOVAL PROCEEDINGS.

12 Section 235(b)(1)(B)(iii)(IV) (8 U.S.C.

13 1225(b)(1)(B)(iii)(IV)) is amended to read as follows:

14 ‘‘(IV) DETENTION.—Aliens sub15 ject to the procedures under this

16 clause shall be detained in accordance

17 with section 236.’’.

18 SEC. 126. RIGHT TO COUNSEL.

19 Section 292 (8 U.S.C. 1362) is amended by striking

20 the matter after the section designation and inserting the

21 following: ‘‘In any bond, custody, detention, or removal

22 proceedings before the Attorney General and in any appeal

23 proceedings before the Attorney General from any such

24 proceedings, the person concerned shall have the privilege

25 of being represented (at no expense to the government)
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1 by such counsel, authorized to practice in such pro2 ceedings, as he shall choose. With consent of their clients,

3 counsel may enter appearances limited to bond, custody,

4 or other specific proceedings.’’.

5 SEC. 127. CLARIFICATION OF INTENT OF TRANSITIONAL

6 PROVISION ON REFERENCES TO REMOVAL

7 ORDERS.

8 Section 309(d)(2) of the Illegal Immigration Reform

9 and Immigrant Responsibility Act of 1996 (8 U.S.C. 1101

10 note) is amended by striking ‘‘deportation.’’ and inserting

11 ‘‘deportation, except that nothing in this paragraph shall

12 be construed as making any change in the Immigration

13 and Nationality Act made by this Act effective retro14 actively.’’.

15 Subtitle D—Consular Review of

16 Visa Applications

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

18 (a) IN GENERAL.—The Immigration and Nationality

19 Act is amended by inserting after section 224 the following

20 new section:

21 ‘‘BOARD OF VISA APPEALS

22 ‘‘SEC. 225. (a) ESTABLISHMENT.—The Secretary of

23 State shall establish within the Department of State a

24 Board of Visa Appeals. The Board shall be composed of

25 5 members who shall be appointed by the Secretary. Not
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1 more than 2 members of the Board may be consular offi2 cers. The Secretary shall designate a member who shall

3 be chairperson of the Board.

4 ‘‘(b) AUTHORITY AND FUNCTIONS.—The Board shall

5 have authority to review any discretionary decision of a

6 consular officer with respect to an alien concerning the

7 denial, revocation, or cancellation of an immigrant visa or

8 of a nonimmigrant visa or petition, or the denial of an

9 application for waiver of one or more grounds of inadmis10 sibility under section 212. The review of the Board shall

11 be made upon the record for decision of the consular offi12 cer, including all documents, notes, and memoranda filed

13 with the consular officer, supplemented by affidavits and

14 other writings if offered by the consular officer or alien.

15 Upon a conclusive showing that the decision of the con16 sular official is contrary to the preponderance of the evi17 dence, the Board shall have authority to overrule, or re18 mand for further consideration, the decision of such con19 sular officer.

20 ‘‘(c) PROCEDURE.—Proceedings before the Board

21 shall be in accordance with such regulations, not incon22 sistent with this Act and sections 556 and 557 of title

23 5, United States Code, as the Secretary of State shall pre24 scribe. Such regulations shall include requirements that

25 provide that—
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1 ‘‘(1) at the time of any decision of a consular

2 officer under subsection (b), an alien, attorney of

3 record, and any interested party defined in sub4 section (d) shall be given notice of the availability of

5 the review process and the necessary steps to re6 quest such review;

7 ‘‘(2) a written record of the proceedings and de8 cision of the consular officer (in accordance with sec9 tions 556 and 557 of title 5, United States Code)

10 shall be available to the Board, and on payment of

11 lawfully prescribed costs, shall be made available to

12 the alien;

13 ‘‘(3) upon receipt of request for review under

14 this section, the Board shall, within 30 days, notify

15 the consular officer with respect to whose decision

16 review is sought, and, upon receipt of such notice,

17 such officer shall promptly (but in no event more

18 than 30 days after such receipt) forward to the

19 Board the record of proceeding as described in sub20 section (b);

21 ‘‘(4) the appellant shall be given notice, reason22 able under all the circumstances of the time and

23 place at which the Board proceedings will be held;

24 ‘‘(5) the appellant may be represented (at no

25 expense to the Government) by such counsel, author-
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1 ized to practice in such proceedings, as the appellant

2 shall choose; and

3 ‘‘(6) a request for review under this section

4 must be made in writing to the Board within 60

5 days after receipt of notice of the denial, revocation,

6 or cancellation.

7 ‘‘(d) INTERESTED PARTIES.—The Board shall review

8 each decision described in subsection (b) upon request of

9 the alien or any of the following interested parties:

10 ‘‘(1) The petitioner or beneficiary of an immi11 grant visa petition approved under section 203(a),

12 203(b)(1), 203(b)(4), 203(b)(5), or 203(c), or the

13 petitioner of an immigrant visa petition approved

14 under section 203(b)(2) or 203(b)(3).

15 ‘‘(2) The petitioner of a nonimmigrant visa pe16 tition.

17 ‘‘(3) The postsecondary educational institution

18 approved for the attendance of nonimmigrant stu19 dents under section 101(a)(15)(F)(i) or

20 101(a)(15)(M)(i) which has provided notice of the

21 acceptance of the alien in its program.

22 ‘‘(4) A recognized international agency or orga23 nization approved as a program sponsor under sec24 tion 101(a)(15)(J) which has provided notice of the

25 acceptance of the alien in its program.
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1 ‘‘(5) A treaty investor or trader individual or

2 organization in the United States that, under section

3 101(a)(15)(E), has made an offer of employment to

4 an alien to perform executive or supervisory manage5 ment functions.

6 ‘‘(e) LIMITATION.—A review may not be requested

7 under this section more than once in any 24-month period.

8 ‘‘(f) CONSTRUCTION.—This section may not be con9 strued to restrict any right to further administrative or

10 judicial review established under any other provision of

11 law.

12 ‘‘(g) FEES.—The Secretary of State shall charge, and

13 collect, an appropriate fee associated with a request to the

14 Board for a review. Such fee shall be sufficient to cover

15 the cost of the administration of this section.’’.

16 (b) TECHNICAL AMENDMENTS.—

17 (1) Section 222(f) (8 U.S.C. 1202(f)) is

18 amended—

19 (A) by striking ‘‘except that’’ and all that

20 follows up to the period; and

21 (B) by adding at the end: ‘‘An interested

22 party under section 225(d) or court shall be

23 permitted to inspect the record of proceeding as

24 described in subsections (c)(2) and (c)(3) of

25 section 225.’’.
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1 (2) Section 104(a)(1) (8 U.S.C. 1104(a)(1)) is

2 amended by striking the ‘‘except’’ and inserting ‘‘in3 cluding’’.

4 (3) The table of contents is amended by insert5 ing after the item relating to section 224 the fol6 lowing new item:

‘‘Sec. 225. Board of Visa Appeals.’’.

7 SEC. 132. NONDISCRIMINATION PROVISIONS.

8 (a) NONDISCRIMINATION IN ISSUANCE OF IMMI9 GRANT VISAS.—Section 202(a)(1) (8 U.S.C. 1152(a)(1))

10 is amended—

11 (1) in subparagraph (A), by inserting ‘‘sexual

12 orientation, disability,’’ after ‘‘sex,’’; and

13 (2) in subparagraph (B), by striking ‘‘proc14 essed.’’ and inserting ‘‘processed, to the extent that

15 such procedures do not discriminate based on race,

16 sex, sexual orientation, disability, nationality, place

17 of birth, or place of residence in violation of sub18 paragraph (A).’’.

19 (b) NONDISCRIMINATION IN ISSUANCE OF NON20 IMMIGRANT VISAS.—Section 214 (8 U.S.C. 1184) is

21 amended—

22 (1) by redesignating the subsection (l) added by

23 section 625(a) of the Illegal Immigration Reform

24 and Immigrant Responsibility Act of 1996 (Public
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1 Law 104–208; 110 Stat. 3009–1820) as subsection

2 (m); and

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

4 ‘‘(n) Except as specifically provided by law, no person

5 shall receive any preference or priority or be discriminated

6 against in the issuance of a nonimmigrant visa because

7 of the person’s race, sex, sexual orientation, disability, na8 tionality, place of birth, or place of residence.’’.

9 TITLE II—FAIRNESS AND EQUITY

10 IN CASES INVOLVING PRE11 VIOUS AND MINOR MIS12 CONDUCT

13 Subtitle A—Increased Fairness and

14 Equity Concerning Removal

15 Proceedings

16 SEC. 201. EQUITABLE DEFINITION OF ‘‘CRIME INVOLVING

17 MORAL TURPITUDE’’.

18 (a) CONVICTION OF CERTAIN CRIMES.—Section

19 212(a)(2)(A)(i) (8 U.S.C. 1182(a)(2)(A)(i)) is amended

20 by striking ‘‘of, or who admits having committed, or who

21 admits committing acts which constitute the essential ele22 ments of—’’ and inserting ‘‘of—’’.

23 (b) EXCEPTION.—Section 212(a)(2)(A)(ii)(II) (8

24 U.S.C. 1182(a)(2)(A)(ii)(II)) is amended—
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1 (1) by striking ‘‘the maximum’’ and all that fol2 lows through ‘‘such crime,’’; and

3 (2) by striking ‘‘6 months’’ and inserting ‘‘1

4 year’’.

5 SEC. 202. EQUITABLE APPLICATION AND DEFINITION OF

6 ‘‘AGGRAVATED FELONY’’.

7 (a) ILLICIT TRAFFICKING.—Section 101(a)(43)(B)

8 (8 U.S.C. 1101(a)(43))(B)) is amended by striking

9 ‘‘Code);’’ and inserting ‘‘Code), except a single offense of

10 simple possession of a controlled substance that is an

11 alien’s first controlled substance offense;’’.

12 (b) CRIMES OF VIOLENCE AND THEFT OFFENSES.—

13 Sections 101(a)(43)(F), (G), (J), (R), and (S) (8 U.S.C.

14 1101(c)(43)(F), (G), (J), (R), and (S)) are each amended

15 by striking ‘‘imprisonment’’ and all that follows through

16 the semicolon and inserting ‘‘imprisonment of more than

17 5 years;’’.

18 (c) ALIEN SMUGGLING.—Section 101(a)(43)(N) (8

19 U.S.C. 101(a)(43)(N)) is amended—

20 (1) by inserting ‘‘committed for the purpose of

21 commercial advantage,’’ after ‘‘smuggling),’’; and

22 (2) by adding at the end a semicolon.

23 (d) DISCRETIONARY WAIVER IN CASES OF OTHER

24 MINOR FELONIES.—Section 101 (8 U.S.C. 1101) is

25 amended by adding at the end the following:
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1 ‘‘(i) For purposes of this Act, and notwithstanding

2 subsection (a)(43), the Attorney General may treat any

3 conviction that did not result in incarceration for more

4 than 1 year as if such conviction were not a conviction

5 for an aggravated felony.’’.

6 (e) CONFORMING CHANGE CONCERNING REMOVAL

7 OF NONPERMANENT RESIDENTS.—Section 238(b) (8

8 U.S.C. 1228(b)) is amended by striking paragraph (5).

9 SEC. 203. EQUITABLE DEFINITIONS OF ‘‘CONVICTION’’ AND

10 ‘‘TERM OF IMPRISONMENT’’.

11 Section 101(a)(48) (8 U.S.C. 1101(a)(48)) is

12 amended—

13 (1) in subparagraph (A), by striking ‘‘court’’

14 and all that follows through the period at the end

15 and inserting ‘‘court. An adjudication or judgment

16 of guilt that has been expunged, deferred, annulled,

17 invalidated, withheld, or vacated, an order of proba18 tion without entry of judgment, or any similar dis19 position shall not be considered a conviction for pur20 poses of this Act.’’; and

21 (2) in subparagraph (B)—

22 (A) by inserting ‘‘only’’ after ‘‘deemed to

23 include’’; and

24 (B) by striking ‘‘court of law’’ and all that

25 follows through the period at the end and in-
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1 serting ‘‘court of law. Any such reference shall

2 not be deemed to include any suspension of the

3 imposition or execution of that imprisonment or

4 sentence in whole or in part.’’.

5 SEC. 204. EQUITABLE DEFINITION OF ‘‘CRIMES OF MORAL

6 TURPITUDE’’.

7 Section 237(a)(2)(A)(i)(II) (8 U.S.C.

8 1227(a)(2)(A)(i)(II)) is amended to read as follows:

9 ‘‘(II) for which the alien has been

10 incarcerated for a period exceeding

11 one year,’’.

12 SEC. 205. RESTORATION OF FAIRNESS IN EQUITABLE RE13 LIEF FOR LONG-TIME LEGAL PERMANENT

14 RESIDENTS.

15 (a) CANCELLATION OF REMOVAL.—Section

16 240A(a)(3) (8 U.S.C. 1229b(a)(3)) is amended to read as

17 follows:

18 ‘‘(3) has not been convicted of an aggravated

19 felony for which the sentence imposed is five years

20 or more.’’.

21 (b) REPEAL OF RULE FOR TERMINATION OF CON22 TINUOUS PERIOD.—

23 (1) Section 240A(d)(1) (8 U.S.C. 1229b(d)(1))

24 (8 U.S.C. 1229b(a)) is repealed.
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1 (2) Section 240A(d) (8 U.S.C. 1229b) is

2 amended—

3 (A) by redesignating paragraphs (2) and

4 (3) as paragraphs (1) and (2), respectively; and

5 (B) by inserting before the period at the

6 end of paragraph (1) (as redesignated) the fol7 lowing: ‘‘, unless the alien’s departure from the

8 United States was due to a temporary trip

9 abroad required by emergency or extenuating

10 circumstances outside the control of the alien’’.

11 SEC. 206. RESTORATION OF FAIRNESS IN EQUITABLE RE12 LIEF FOR OTHER NONCITIZENS.

13 (a) CANCELLATION OF REMOVAL AND ADJUSTMENT

14 FOR CERTAIN NONPERMANENT RESIDENTS.—Section

15 240A(b)(1) (8 U.S.C. 1229b(b)(1)) is amended to read as

16 follows:

17 ‘‘(1) IN GENERAL.—The Attorney General may

18 cancel removal in the case of an alien who is inad19 missible or deportable from the United States if the

20 alien—

21 ‘‘(A) has been physically present in the

22 United States for a continuous period of—

23 ‘‘(i) 7 years immediately preceding the

24 date of application in the case of an

25 alien—
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1 ‘‘(I) who is deportable on any

2 ground other than a ground specified

3 in clause (ii)(I); and

4 ‘‘(II) whose deportation would, in

5 the opinion of the Attorney General,

6 result in extreme hardship to the alien

7 or the alien’s spouse, parent, son, or

8 daughter, who is a citizen of the

9 United States or an alien lawfully ad10 mitted for permanent residence; or

11 ‘‘(ii) 10 years immediately preceding

12 the date of application in the case of an

13 alien—

14 ‘‘(I) who is deportable for convic15 tion of an offense under section

16 212(a)(2), 237(a)(2), or 237(a)(3);

17 and

18 ‘‘(II) whose deportation would, in

19 the opinion of the Attorney General,

20 result in exceptional and extremely

21 unusual hardship to the alien or the

22 alien’s spouse, parent, son, or daugh23 ter, who is a citizen of the United

24 States or an alien lawfully admitted

25 for permanent residence’’; and
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1 ‘‘(B) has been a person of good moral

2 character during such period.’’.

3 (b) ELIMINATION OF ANNUAL LIMITATION.—Section

4 240A (8 U.S.C. 1229b) is amended by striking subsection

5 (e).

6 SEC. 207. ELIMINATING UNFAIR RETROACTIVE CHANGES IN

7 REMOVAL RULES FOR PERSONS SUBJECT TO

8 PENDING PROCEEDINGS.

9 (a) APPLICATION OF AGGRAVATED FELONY DEFINI10 TION.—The last sentence of section 101(a)(43) (8 U.S.C.

11 1101(a)(43)) is amended to read as follows: ‘‘The term

12 shall not apply to any offense that was not covered by

13 the term on the date on which the offense occurred.’’.

14 (b) GROUNDS OF DEPORTABILITY.—Section 237 (8

15 U.S.C. 1227) is amended by adding at the end the fol16 lowing new subsection:

17 ‘‘(d) Notwithstanding any other provision of this sec18 tion, an alien is not deportable by reason of committing

19 any offense that was not a ground of deportability on the

20 date the offense occurred.’’.

21 (c) GROUNDS OF INADMISSIBILITY.—Section 212 (8

22 U.S.C. 1182) is amended by adding at the end the fol23 lowing new subsection:

24 ‘‘(p) Notwithstanding any other provision of this sec25 tion, an alien is not inadmissible by reason of committing
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1 any offense that was not a ground of inadmissibility on

2 the date the offense occurred.’’.

3 SEC. 208. ELIMINATING UNFAIR RETROACTIVE CHANGES IN

4 REMOVAL RULES FOR PERSONS PREVIOUSLY

5 REMOVED.

6 (a) IN GENERAL.—The Attorney General shall estab7 lish a process by which an alien described in subsection

8 (b) may apply for reopening a proceeding so as to seek

9 relief from exclusion, deportation, or removal under sec10 tion 212(c) of the Immigration and Nationality Act, as

11 such section was in effect prior to the enactment of the

12 Antiterrorism and Effective Death Penalty Act of 1996,

13 or section 240A of the Immigration and Nationality Act,

14 as amended by this Act.

15 (b) ALIEN DESCRIBED.—An alien referred to in sub16 section (a) is an alien who received a final order of exclu17 sion, deportation, or removal, or a decision on a petition

18 for review or petition for habeas corpus, on or after Sep19 tember 30, 1996, and who was—

20 (1) excluded, deported, or removed from the

21 United States by reason of having committed a

22 criminal offense that was not a basis for removal,

23 exclusion, or deportation on the date on which the

24 offense was committed;
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1 (2) excluded, deported, or removed from the

2 United States by reason of having committed a

3 criminal offense that is not a basis for removal, ex4 clusion, or deportation on the date of enactment of

5 this Act; or

6 (3) excluded, deported, or removed from the

7 United States by reason of having committed a

8 criminal offense prior to April 24, 1996, for which

9 there was relief from exclusion, deportation, or re10 moval available prior to such date.

11 (c) PAROLE.—The Attorney General may in her dis12 cretion exercise the parole authority under section

13 212(d)(5)(A) of the Immigration and Nationality Act (8

14 U.S.C. 1182(d)(5)(A)) for the purpose of permitting

15 aliens excluded, deported, or removed from the United

16 States to participate in the process established under sub17 section (a), if the alien establishes prima facie eligibility

18 for the relief.
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1 Subtitle B—Increased Fairness and

2 Equity Concerning 5-Year Bars

3 to Admission and Other

4 Grounds for Exclusion

5 SEC. 211. LIMITING 5-YEAR BAR TO ADMISSION TO PER6 SONS WHO WILLFULLY FAIL TO ATTEND RE7 MOVAL PROCEEDINGS.

8 Section 212(a)(6)(B) (8 U.S.C. 1182(a)(6)(B)) is

9 amended to read as follows:

10 ‘‘(B) FAILURE TO ATTEND REMOVAL PRO11 CEEDINGS.—

12 ‘‘(i) IN GENERAL.—Any alien who

13 willfully and without reasonable cause fails

14 or refuses to attend or remain in attend15 ance at a proceeding to determine the

16 alien’s inadmissibility or deportability and

17 who seeks admission to the United States

18 within 5 years of such alien’s subsequent

19 departure or removal is inadmissible.

20 ‘‘(ii) WAIVER AUTHORIZED.—For pro21 vision authorizing waiver of clause (i), see

22 subsection (d)(13).’’.
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1 SEC. 212. LIMITING 5-YEAR BAR TO ADMISSION TO PER2 SONS WHO WILLFULLY VIOLATE STUDENT

3 VISA CONDITIONS.

4 (a) IN GENERAL.—Section 212(a)(6)(G) (8 U.S.C.

5 1182(a)(6)(G)) is amended to read as follows:

6 ‘‘(G) STUDENT VISA ABUSERS.—

7 ‘‘(i) IN GENERAL.—An alien who ob8 tains the status of a nonimmigrant under

9 section 101(a)(15)(F)(i) and who willfully

10 violates a term or condition of such status

11 under section 214(m) is inadmissible until

12 the alien has been outside the United

13 States for a continuous period of 5 years

14 after the date of the violation.

15 ‘‘(ii) WAIVER AUTHORIZED.—For pro16 vision authorizing waiver of clause (i), see

17 subsection (d)(13).’’.

18 (b) TECHNICAL AMENDMENT.—Section

19 101(a)(15)(F)(i) (8 U.S.C. 1101(a)(15)(F)(i)) is amended

20 by striking ‘‘214(l)’’ and inserting ‘‘214(m)’’.

21 SEC. 213. LIMITING BAN ON ADMISSIBILITY TO PERSONS

22 WHO WILLFULLY MAKE FALSE CLAIMS FOR

23 CITIZENSHIP.

24 (a) CLASSES OF DEPORTABLE ALIENS.—Section

25 237(a)(3)(D) (8 U.S.C. 1227(a)(3)(D)) is amended by in-
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1 serting ‘‘and willfully’’ after ‘‘falsely’’ each place such

2 term appears.

3 (b) CLASSES OF INADMISSIBLE ALIENS.—Section

4 212(a)(6)(C)(ii) (8 U.S.C. 1182(a)(6)(C)(ii)) is amended

5 by inserting ‘‘and willfully’’ after ‘‘falsely’’ each place such

6 term appears.

7 SEC. 214. EQUITABLE WAIVER OF INADMISSIBILITY FOR

8 MINOR CRIMINAL OFFENSES.

9 Section 212(h) (8 U.S.C. 1182(h)) is amended—

10 (1) in the matter preceding paragraph (1), by

11 striking ‘‘offense of simple possession of 30 grams or

12 less of marijuana’’ and inserting ‘‘controlled sub13 stance offense for which the alien was not incarcer14 ated for a period exceeding 1 year’’; and

15 (2) by striking the final two sentences.

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

17 INADMISSIBILITY.

18 Section 212(a)(9)(B)(i) (8 U.S.C. 1182(a)(9)(B)(i))

19 is amended—

20 (1) in subclause (I), by striking ‘‘3 years’’ and

21 inserting ‘‘1 year’’; and

22 (2) in subclause (II), by striking ‘‘10 years’’

23 and inserting ‘‘3 years’’.
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1 TITLE III—ENCOURAGING

2 FAMILY REUNIFICATION

3 Subtitle A—Reuniting Family

4 Members

5 SEC. 301. VISA FOR SPOUSES AND CHILDREN OF PERMA6 NENT RESIDENTS TEMPORARILY WAITING

7 FOR VISA NUMBERS.

8 (a) IN GENERAL.—Section 101(a)(15) (8 U.S.C.

9 101(a)(15)) is amended—

10 (1) in subparagraph (R), by striking ‘‘or’’ at

11 the end;

12 (2) in subparagraph (S), by striking the period

13 at the end and inserting ‘‘; or’’; and

14 (3) by inserting after subparagraph (S) the fol15 lowing:

16 ‘‘(T) an alien (other than one coming for the

17 purpose of study or of performing skilled or un18 skilled labor or as a representative of foreign press,

19 radio, film, or other foreign information media com20 ing to engage in such vocation) who is the bene21 ficiary of a petition approved under—

22 ‘‘(i) section 204 (excluding the provisions

23 of such section referred to in clause (ii)) for

24 classification by reason of a relationship de25 scribed in section 203(a)(2)(A) with an alien
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1 lawfully admitted for permanent residence, who

2 is awaiting the availability of an immigrant visa

3 based upon such approval, and who seeks to

4 enter the United States to achieve family unity

5 by joining the permanent resident alien in the

6 United States; or

7 ‘‘(ii) clause (iii), (iv), (v), or (vi) of section

8 204(a)(1)(A) or clause (ii), (iii), or (iv) of sec9 tion 204(a)(1)(B) and who is awaiting the

10 availability of an immigrant visa based upon

11 such approval.’’.

12 (b) PERIOD OF AUTHORIZED STATUS.—Section

13 214(a)(2) (8 U.S.C. 1184(a)(2)) is amended by adding at

14 the end the following:

15 ‘‘(C) The period of authorized status as a non16 immigrant described in section 101(a)(15)(T) shall be for

17 one year. Such period may be extended for additional one18 year periods by the Attorney General.’’.

19 SEC. 302. REFUGEE STATUS FOR UNMARRIED SONS AND

20 DAUGHTERS OF REFUGEES.

21 Section 207(c)(2) (8 U.S.C. 1157(c)(2)) is amended

22 by adding at the end the following:

23 ‘‘When warranted by unusual circumstances or to

24 preserve family unity, the Attorney General may, in

25 the Attorney General’s discretion, consider an un-
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1 married son or daughter of a refugee to be a child

2 of the refugee for purposes of this paragraph.’’.

3 SEC. 303. ASYLEE STATUS FOR UNMARRIED SONS AND

4 DAUGHTERS OF ASYLEES.

5 Section 208(b)(3) (8 U.S.C. 1158(b)(3)) is amended

6 by adding at the end the following:

7 ‘‘When warranted by unusual circumstances or to

8 preserve family unity, the Attorney General may, in

9 the Attorney General’s discretion, consider an un10 married son or daughter of an alien who is granted

11 asylum under this subsection to be a child of the

12 alien for purposes of this paragraph.’’.

13 SEC. 304. PROTECTION AGAINST PROCESSING DELAYS.

14 (a) IN GENERAL.—

15 (1) NEW SECTION.—Title I (8 U.S.C. 1101 et

16 seq.) is amended by adding at the end the following:

17 ‘‘PROTECTION AGAINST PROCESSING DELAYS FOR

18 CHILDREN

19 ‘‘SEC. 106. (a) IN GENERAL.—

20 ‘‘(1) DETERMINATION OF WHO IS A CHILD.—In

21 the case of an application initially to grant a benefit

22 under this Act (other than an application for natu23 ralization) that otherwise would be granted only

24 after a determination that the beneficiary of the ap25 plication is a child (such as classification as an im-
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1 mediate relative under section 201(b)(2)(A)(i)), if

2 the application is neither approved nor denied (on

3 procedural or substantive grounds) during the 90-

4 day period beginning on the date of the filing of the

5 application—

6 ‘‘(A) the beneficiary shall be considered to

7 be a child for all purposes related to the receipt

8 of the benefit if the beneficiary was a child on

9 the last day of such 90-day period; and

10 ‘‘(B) the beneficiary shall not otherwise be

11 prejudiced with respect to such determination

12 by such delay, and shall be considered to be a

13 child under this Act for all purposes related to

14 such application.

15 ‘‘(2) TERMINATION OF BENEFIT.—Paragraph

16 (1) shall remain in effect until the termination of

17 the 1-year period beginning on the date on which the

18 application described in such paragraph is approved.

19 ‘‘(b) SPECIAL BENEFITS FOR SONS AND DAUGHTERS

20 OF NATURALIZED PARENTS.—

21 ‘‘(1) IN GENERAL.—In the case of an alien son

22 or daughter of a parent who is a naturalized citizen,

23 if the alien is the beneficiary of an application for

24 a benefit under this Act that otherwise would be
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1 granted only after a determination that the alien is

2 a child—

3 ‘‘(A) the alien shall not be prejudiced with

4 respect to such determination by the failure of

5 the Attorney General to approve the parent’s

6 application for naturalization during the 90-day

7 period beginning on date of the filing of the ap8 plication; and

9 ‘‘(B) the alien son or daughter shall be

10 considered to be a child for all purposes related

11 to such application if the alien was a child on

12 the last day of such 90-day period.

13 ‘‘(2) TERMINATION OF BENEFIT.—Paragraph

14 (1) shall remain in effect until the termination of

15 the 1-year period beginning on the date on which the

16 application described in such paragraph is ap17 proved.’’.

18 (2) CLERICAL AMENDMENT.—The table of con19 tents of such Act is amended by inserting after the

20 item relating to section 105 the following:

‘‘Sec. 106. Protection against processing delays for children.’’.

21 (b) PROTECTION AGAINST PREJUDICIAL EFFECTS

22 OF PROCESSING DELAYS RELATED TO CHANGE IN FAM23 ILY STATUS.—Section 203 (8 U.S.C. 1153) is amended

24 by adding at the end the following:
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1 ‘‘(h) PROTECTION AGAINST PREJUDICIAL EFFECTS

2 OF PROCESSING DELAYS RELATED TO CHANGE IN FAM3 ILY STATUS.—

4 ‘‘(1) IN GENERAL.—In the case of an applica5 tion for receipt of an immigrant visa under sub6 section (a), an application for receipt of an immi7 grant visa under subsection (d) based on a familial

8 relationship to an alien entitled to immigrant status

9 under subsection (a), or an application for adjust10 ment of status under section 245 based on the avail11 ability of an immigrant visa under subsection (a), if

12 the application is neither approved nor denied (on

13 procedural or substantive grounds) during the 90-

14 day period beginning on the date of the filing of the

15 application, the eligibility of the alien beneficiary of

16 the application, for all purposes related to the re17 ceipt of the applicable benefit, shall be adjudicated

18 based on the alien’s familial status and relationships

19 on the last day of such 90-day period.

20 ‘‘(2) TERMINATION OF BENEFIT.—Paragraph

21 (1) shall remain in effect until the termination of

22 the 1-year period beginning on the date on which the

23 application described in such paragraph is approved.
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1 ‘‘(3) CONSTRUCTION.—Paragraph (1) shall not

2 be construed to supersede any ground of inadmis3 sibility under section 212(a).’’.

4 (c) PREVENTING IMMIGRANTS FROM WAITING

5 LONGER FOR IMMIGRANT VISAS AS A RESULT OF RE6 CLASSIFICATION FROM FAMILY SECOND PREFERENCE TO

7 FAMILY FIRST PREFERENCE.—Section 203 (8 U.S.C.

8 1153) is amended by adding at the end the following new

9 subsection:

10 ‘‘(h) ENSURING IMMIGRANTS DO NOT HAVE TO

11 WAIT LONGER FOR AN IMMIGRANT VISA AS A RESULT

12 OF RECLASSIFICATION FROM FAMILY SECOND PREF13 ERENCE TO FAMILY FIRST PREFERENCE.—Notwith14 standing any other provision of law, in the case of a peti15 tion that has been approved to accord preference status

16 under subsection (a)(2)(A), the petition may be deemed

17 to provide continued entitlement to status under that sub18 section in the case of any alien petitioner who is subse19 quently naturalized as a United States citizen, if a visa

20 is not immediately available to the beneficiary under sub21 section (a)(1).’’.
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1 Subtitle B—Limited Waiver of

2 Grounds of Admissibility

3 SEC. 311. DISCRETIONARY WAIVER IN CASES INVOLVING

4 FAMILY MEMBERS.

5 (a) IN GENERAL.—Section 212(i) (8 U.S.C. 1182(i))

6 is amended to read as follows:

7 ‘‘(i) The Attorney General may, in the discretion of

8 the Attorney General, waive the application of subpara9 graph (A)(i), or clause (i) or (ii) of subparagraph (C), of

10 subsection (a)(6) in the case of an immigrant who is the

11 parent, spouse, son, or daughter of a United States citizen

12 or of an alien lawfully admitted for permanent residence

13 if it is established to the satisfaction of the Attorney Gen14 eral that the refusal of admission to the United States

15 of such immigrant alien would result in hardship to the

16 alien or to the citizen or lawfully resident parent, spouse,

17 son, or daughter of such an alien.’’.

18 (b) CONFORMING AMENDMENTS.—Section 212(a)(6)

19 (8 U.S.C. 1182(a)(6)) is amended—

20 (1) in subparagraph (A), by adding at the end

21 the following:

22 ‘‘(iii) WAIVER AUTHORIZED.—For

23 provision authorizing waiver of this sub24 paragraph, see subsection (i).’’; and
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1 (2) in subparagraph (C)(iii), by striking ‘‘clause

2 (i),’’ and inserting ‘‘this subparagraph’’.

3 SEC. 312. DISCRETIONARY WAIVER IN DOCUMENT CASES

4 INVOLVING FAMILY MEMBERS.

5 (a) INADMISSIBLE ALIENS.—Section 212(d)(12) (8

6 U.S.C. 1182(d)(12)) is amended by striking ‘‘spouse or

7 child’’ and inserting ‘‘spouse, son, daughter, or parent’’.

8 (b) DEPORTABLE ALIENS.—Section 237(a)(3)(C)(ii)

9 (8 U.S.C. 1227(a)(3)(C)(ii)) is amended by striking

10 ‘‘spouse or child’’ and inserting ‘‘spouse, son, daughter,

11 or parent’’.

12 SEC. 313. DISCRETIONARY WAIVER TO ADMIT PERSONS IN

13 UNUSUAL CIRCUMSTANCES.

14 (a) NEW GENERAL WAIVER.—Section 212(d) (8

15 U.S.C. 1182(d)) is amended by adding at the end the fol16 lowing:

17 ‘‘(13) The Attorney General may, in the discretion

18 of the Attorney General for humanitarian purposes, to as19 sure family unity, or when it is otherwise in the public

20 interest, waive the application of subparagraph (B)(i) or

21 (G)(i) of subsection (a)(6), clause (i) or (ii) of subsection

22 (a)(9)(A), or subsection (a)(9)(B)(i), in unusual cir23 cumstances. For purposes of the preceding sentence, an

24 instance of battering or extreme cruelty is deemed to con25 stitute unusual circumstances in the case where it is in-
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1 flicted on an alien (or a child of an alien) by the alien’s

2 United States citizen or lawful permanent resident spouse,

3 parent, child, son, or daughter.’’.

4 (b) WAIVER FOR ALIENS PREVIOUSLY REMOVED.—

5 (1) CERTAIN ALIENS PREVIOUSLY REMOVED.—

6 Section 212(a)(9)(A) (8 U.S.C. 1182(a)(9)(A)) is

7 amended by adding at the end the following:

8 ‘‘(iv) WAIVER AUTHORIZED.—For

9 provision authorizing waiver of clause (i)

10 or (ii), see subsection (d)(13).’’.

11 (2) ALIENS UNLAWFULLY PRESENT.—Section

12 212(a)(9)(B)(v) (8 U.S.C. 1182(a)(9)(B)(v)) is

13 amended to read as follows:

14 ‘‘(v) WAIVER AUTHORIZED.—For pro15 vision authorizing waiver of clause (i), see

16 subsection (d)(13).’’.

17 Subtitle C—Eliminating Unfairness

18 and Waste in Section 245(i)

19 Waivers

20 SEC. 321. PERMANENT APPLICATION OF SECTION 245(i).

21 Section 245(i)(1) (8 U.S.C. 1255(i)(1)) is amended

22 by striking ‘‘(i)(1)’’ and all that follows through ‘‘The At23 torney General’’ and inserting the following:
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1 ‘‘(i)(1) Notwithstanding the provisions of subsections

2 (a) and (c) of this section, an alien physically present in

3 the United States who—

4 ‘‘(A) entered the United States without inspec5 tion; or

6 ‘‘(B) is within one of the classes enumerated in

7 subsection (c) of this section;

8 may apply to the Attorney General for the adjustment of

9 his or her status to that of an alien lawfully admitted for

10 permanent residence. The Attorney General’’.

11 SEC. 322. ELIMINATING UNFAIRNESS CREATED BY TEM12 PORARY SUNSET OF SECTION 245(i).

13 The Attorney General may waive section

14 212(a)(9)(B) of the Immigration and Nationality Act in

15 the case of an alien who—

16 (1) was ineligible for adjustment of status

17 under section 245(i) of the Immigration and Nation18 ality Act, as in effect on the day before the date of

19 the enactment of this Act;

20 (2) departed from the United States because of

21 such ineligibility after the date of the enactment of

22 the Departments of Commerce, Justice, and State,

23 the Judiciary, and Related Agencies Appropriations

24 Act, 1998, and before the date of the enactment of

25 this Act; and
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1 (3) would be eligible for adjustment of status

2 under section 245(i) by reason of the amendment

3 made by section 321 but for such departure.

4 Subtitle D—Equitable Procedures

5 Concerning Voluntary Departure

6 SEC. 331. DISCRETIONARY DETERMINATION OF PERIOD OF

7 VOLUNTARY DEPARTURE.

8 Section 240B (8 U.S.C. 1229c) is amended in sub9 sections (a)(2) and (b)(2) by striking ‘‘not be valid’’ and

10 all that follows through the period and inserting ‘‘be valid

11 for a period determined by the Attorney General to be

12 suitable to an alien’s circumstances and that permits the

13 alien to depart without government expense or interven14 tion.’’.

15 SEC. 332. DISCRETIONARY DETERMINATION OF VOL16 UNTARY DEPARTURE BOND BASED ON INDI17 VIDUAL CIRCUMSTANCES.

18 Section 240B(b)(3) (8 U.S.C. 1229c(b)(3)) is amend19 ed by striking ‘‘shall’’ and inserting ‘‘may’’.

20 SEC. 333. ELIMINATION OF AUTOMATIC PENALTIES FOR

21 FAILING TO DEPART IN ACCORDANCE WITH A

22 VOLUNTARY DEPARTURE GRANT.

23 Section 240B (8 U.S.C. 1229c) is amended by strik24 ing subsection (d).
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1 Subtitle E—Fairness in

2 Determination of Public Charge

3 SEC. 341. EQUITABLE PROCEDURES CONCERNING PUBLIC

4 CHARGE AND AFFIDAVIT OF SUPPORT.

5 (a) GROUNDS FOR INELIGIBILITY FOR ADMISSION.—

6 Section 212(a)(4) (8 U.S.C. 1182(a)(4)) is amended—

7 (1) by amending subparagraph (B)(ii) to read

8 as follows:

9 ‘‘(ii) If an alien submits an affidavit of

10 support described in section 213A, in addition

11 to the factors under clause (i), the consular of12 ficer or the Attorney General shall also consider

13 such affidavit in determining whether the alien

14 is inadmissible under this paragraph.’’; and

15 (2) by striking subparagraphs (C) and (D).

16 (b) REQUIREMENTS FOR SPONSOR’S AFFIDAVIT OF

17 SUPPORT.—Subsections (a)(1)(A), (f)(1)(E), and

18 (f)(4)(B)(i) of section 213A (8 U.S.C. 1183a(a)(1)(A),

19 (f)(1)(E), and (f)(4)(B)(i)) are amended by striking

20 ‘‘125’’ and inserting ‘‘100’’.
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1 TITLE IV—FAIRNESS IN ASYLUM

2 AND REFUGEE PROCEEDINGS

3 Subtitle A—Increased Fairness in

4 Asylum Proceedings

5 SEC. 401. ELIMINATION OF ARBITRARY TIME LIMITS ON

6 ASYLUM APPLICATIONS.

7 Section 208(a)(2) (8 U.S.C. 1158(a)(2)) is

8 amended—

9 (1) by striking subparagraph (B);

10 (2) in subparagraph (C), by striking ‘‘(D)’’ and

11 inserting ‘‘(C)’’;

12 (3) in subparagraph (D), by striking ‘‘subpara13 graphs (B) and (C),’’ and inserting ‘‘subparagraph

14 (B),’’; and

15 (4) by redesignating subparagraphs (C) and

16 (D) as subparagraphs (B) and (C), respectively.

17 SEC. 402. GENDER-BASED PERSECUTION.

18 (a) TREATMENT AS REFUGEE.—Section 101(a)(42)

19 (8 U.S.C. 1101(a)(42)) is amended by adding at the end

20 the following:

21 ‘‘For purposes of determinations under this Act, a person

22 who establishes that he or she suffered persecution in the

23 past, or has a well-founded fear of persecution, on account

24 of gender shall be considered to have suffered persecution,
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1 or to have a well-founded fear of persecution, on account

2 of membership in a particular social group.’’.

3 (b) RESTRICTION ON REMOVAL TO COUNTRY WHERE

4 ALIEN WOULD BE THREATENED.—Section 241(b)(3) (8

5 U.S.C. 1231(b)(3)) is amended by adding at the end the

6 following:

7 ‘‘(C) GENDER-BASED PERSECUTION.—For

8 purposes of determinations under this para9 graph, an alien who establishes that the alien’s

10 life or freedom would be threatened in a coun11 try on account of gender shall be considered to

12 have established that the alien’s life or freedom

13 would be threatened in that country on account

14 of membership in a particular social group.’’.

15 SEC. 403. ELIMINATION OF ARBITRARY CAP ON PERSONS

16 ELIGIBLE TO ADJUST STATUS FROM ASYLEES

17 TO LEGAL PERMANENT RESIDENTS.

18 Section 209(b) (8 U.S.C. 1159(b)) is amended by

19 striking ‘‘Not more than 10,000 of the’’ and all that fol20 lows through ‘‘to adjust’’ and inserting ‘‘Subject to a nu21 merical limitation determined by the President before the

22 beginning of each fiscal year, the Attorney General may

23 adjust, in the Attorney General’s discretion and under

24 such regulations as the Attorney General may prescribe,’’.
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1 SEC. 404. RESTORATION OF ELIGIBILITY FOR WITH2 HOLDING OF REMOVAL FOR PERSONS FAC3 ING LOSS OF LIFE OR FREEDOM.

4 Section 241(b)(3)(B) (8 U.S.C. 1231(b)(3)(B)) is

5 amended—

6 (1) by amending clause (ii) to read as follows:

7 ‘‘(ii) the alien—

8 ‘‘(I) has been convicted by final

9 judgment of a particularly serious

10 crime for which the sentence imposed

11 was an aggregate term of imprison12 ment of five years or more; and

13 ‘‘(II) is a danger to the commu14 nity of the United States.’’;

15 (2) by striking the second and third sentences;

16 and

17 (3) by adding at the end ‘‘Notwithstanding this

18 subparagraph, an alien may be granted relief under

19 subparagraph (A) if the Attorney General deter20 mines the alien should not be removed for urgent

21 humanitarian reasons.’’.
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1 Subtitle B—Increased Fairness and

2 Rationality in Refugee Con3 sultations

4 SEC. 411. TIMELY CONSULTATION WITH RESPECT TO REF5 UGEE ADMISSIONS.

6 Section 207(d)(1) (8 U.S.C. 1157(d)(1)) is amended

7 by striking ‘‘the start of each fiscal year’’ and inserting

8 ‘‘the submission by the President to the Congress of the

9 President’s budget for the Federal Government with re10 spect to a fiscal year,’’.

11 TITLE V—INCREASED FAIRNESS

12 AND EQUITY IN NATURALIZA13 TION AND LEGALIZATION

14 PROCEEDINGS

15 Subtitle A—Naturalization

16 Proceedings

17 SEC. 501. INCREASED AUTHORIZATION OF FUNDS FOR NAT18 URALIZATION PROCEEDINGS.

19 (a) IMMIGRATION EXAMINATIONS FEE ACCOUNT

20 MODIFICATION.—Section 286(m) (8 U.S.C. 1356(m)) is

21 amended to read as follows:

22 ‘‘(m)(1) Notwithstanding any other provision of law,

23 all adjudication fees as are designated by the Attorney

24 General in regulations shall be deposited as offsetting re25 ceipts into a separate account entitled ‘Immigration Ex-
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1 aminations Fee Account’ in the Treasury of the United

2 States (in this subsection referred to as the ‘Account’),

3 whether collected directly by the Attorney General or

4 through clerks of courts.

5 ‘‘(2)(A) All fees received by the Attorney General

6 from applicants residing in the Virgin Islands of the

7 United States and in Guam under this subsection shall

8 be paid over to the treasury of the Virgin Islands and to

9 the treasury of Guam.

10 ‘‘(B) Fees for providing adjudication and naturaliza11 tion services may be set at a level that—

12 ‘‘(i) will ensure recovery of the full costs of pro13 viding all such services, including the costs of similar

14 services provided without charge to asylum appli15 cants or other immigrants; and

16 ‘‘(ii) will recover any additional costs associated

17 with the administration of the fees collected.

18 ‘‘(3) Each fee collected for the provision of an adju19 dication or naturalization service shall be used only to

20 fund adjudication or naturalization services or, subject to

21 the availability of funds provided pursuant to paragraph

22 (6), costs of similar services provided without charge to

23 asylum and refugee applicants.
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1 ‘‘(4) No such fee may be used for immigration en2 forcement purposes by the Attorney General or any other

3 officer or employee of the Federal Government.

4 ‘‘(5) No such fee may be used to fund adjudication5 related or naturalization-related audits which are not reg6 ularly conducted in the normal course of operation.

7 ‘‘(6) There are authorized to be appropriated such

8 sums as may be necessary to carry out the provisions of

9 sections 207 through 209. All funds appropriated to carry

10 out this paragraph shall be deposited into the Account and

11 shall remain available until expended.’’.

12 (b) AUTHORIZATION OF APPROPRIATIONS FOR EXPE13 DITIOUS PROCESSING OF APPLICATIONS.—Section 404 of

14 the Immigration and Nationality Act (8 U.S.C. 1101 note)

15 is amended by adding at the end the following:

16 ‘‘(c) There are authorized to be appropriated for fis17 cal years 2000 through 2006 such sums as may be

18 necessary—

19 ‘‘(1) to reduce the backlog of applications for

20 naturalization under section 334 so that the proc21 essing time for such an application is not more than

22 6 months; and

23 ‘‘(2) to provide more expeditious processing of

24 other applications for a benefit under this Act (such

25 as petitions for an immigrant or nonimmigrant visa,
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1 applications for adjustment of status, and applica2 tions for employment authorization).’’.

3 SEC. 502. EXEMPTION FROM ENGLISH LANGUAGE RE4 QUIREMENT FOR CERTAIN ALIENS WHO

5 SERVED WITH SPECIAL GUERRILLA UNITS OR

6 IRREGULAR FORCES.

7 The requirement of paragraph (1) of section 312(a)

8 of the Immigration and Nationality Act (8 U.S.C.

9 1423(a)(1)) shall not apply to the naturalization of any

10 person—

11 (1) who—

12 (A) was admitted into the United States as

13 an immigrant from Cambodia or Vietnam pur14 suant to section 207 of the Immigration and

15 Nationality Act (8 U.S.C. 1157); and

16 (B) served with a special guerrilla unit, or

17 irregular forces, operating from Cambodia or

18 Vietnam in support of the United States mili19 tary at any time during the period beginning

20 February 28, 1961, and ending September 18,

21 1978; or

22 (2) who—

23 (A) satisfies the requirement of paragraph

24 (1)(A); and
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1 (B) was the spouse of a person described

2 in paragraph (1) on the day on which such de3 scribed person applied for admission into the

4 United States as an immigrant.

5 SEC. 503. SPECIAL CONSIDERATION CONCERNING CIVICS

6 REQUIREMENT FOR CERTAIN ALIENS WHO

7 SERVED WITH SPECIAL GUERRILLA UNITS OR

8 IRREGULAR FORCES.

9 The Attorney General shall provide for special consid10 eration, as determined by the Attorney General, con11 cerning the requirement of paragraph (2) of section

12 312(a) of the Immigration and Nationality Act (8 U.S.C.

13 1423(a)(2)) with respect to the naturalization of any per14 son described in paragraph (1) or (2) of section 502 of

15 this Act.

16 SEC. 504. DOCUMENTATION OF QUALIFYING SERVICE.

17 A person seeking an exemption under section 502 or

18 special consideration under section 503 shall submit to the

19 Attorney General documentation of their, or their

20 spouse’s, service with a special guerrilla unit, or irregular

21 forces, described in section 502(1)(B), in the form of—

22 (1) original documents;

23 (2) an affidavit of the serving person’s superior

24 officer;
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1 (3) 2 affidavits from other individuals who also

2 were serving with such a special guerrilla unit, or ir3 regular forces, and who personally knew of the per4 son’s service; or

5 (4) other appropriate proof.

6 SEC. 505. DETERMINATION OF ELIGIBILITY FOR EXEMP7 TION AND SPECIAL CONSIDERATION.

8 In determining a person’s eligibility for an exemption

9 under section 502 or special consideration under section

10 503, the Attorney General—

11 (1) shall review the refugee processing docu12 mentation for the person, or, in an appropriate case,

13 for the person and the person’s spouse, to verify that

14 the requirements of section 502 relating to refugee

15 applications and admissions have been satisfied;

16 (2) shall consider the documentation submitted

17 by the person under section 504;

18 (3) shall request an advisory opinion from the

19 Secretary of Defense regarding the person’s, or the

20 person’s spouse’s, service in a special guerrilla unit,

21 or irregular forces, described in section 502(1)(B)

22 and shall take into account that opinion; and

23 (4) may consider any certification prepared by

24 any community advocacy organization or voluntary

25 refugee settlement agency maintaining records with
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1 respect to ethnic minority veterans of the Vietnam

2 War or their families from Cambodia or Vietnam.

3 SEC. 506. DEADLINE FOR APPLICATION AND PAYMENT OF

4 FEES.

5 This subtitle shall apply to a person only if the per6 son’s application for naturalization is filed, as provided in

7 section 334 of the Immigration and Nationality Act (8

8 U.S.C. 1445), with appropriate fees not later than 36

9 months after the date of the enactment of this Act.

10 Subtitle B—Parity in Treatment for

11 Refugees From Central America

12 and Haiti

13 SEC. 511. ADJUSTMENT OF STATUS FOR CERTAIN NATION14 ALS FROM EL SALVADOR, GUATEMALA, HON15 DURAS, AND HAITI.

16 Section 202 of the Nicaraguan Adjustment and Cen17 tral American Relief Act is amended—

18 (1) in the section heading, by striking ‘‘NICA19 RAGUANS AND CUBANS’’ and inserting ‘‘NICA20 RAGUANS, CUBANS, SALVADORANS, GUATEMALANS,

21 HONDURANS, AND HAITIANS’’;

22 (2) in subsection (a)(1)(A), by striking ‘‘April

23 1, 2000’’ and inserting ‘‘before the expiration of the

24 3-year period beginning on the date of the enact-
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1 ment of the Restoration of Fairness in Immigration

2 Law Act of 2000’’.

3 (3) in subsection (b)(1), by striking ‘‘Nicaragua

4 or Cuba’’ and inserting ‘‘Nicaragua, Cuba, El Sal5 vador, Guatemala, Honduras, or Haiti’’;

6 (4) in subsection (d)(1)(E), by striking ‘‘before

7 April 1, 2000’’ and inserting ‘‘before the expiration

8 of the 3-year period beginning on the date of the en9 actment of the Restoration of Fairness in Immigra10 tion Law Act of 2000’’.

11 SEC. 512. APPLICATIONS PENDING UNDER SECTION 203 OF

12 THE NICARAGUAN ADJUSTMENT AND CEN13 TRAL AMERICAN RELIEF ACT.

14 An application for relief properly filed by a national

15 of Guatemala or El Salvador under section 203 of the Nic16 araguan Adjustment and Central American Relief Act

17 which was filed on or before the date of enactment of this

18 Act, and on which a final administrative determination has

19 not been made, may be converted by the applicant, without

20 charge, to an application for adjustment of status under

21 the provisions of section 202 of the Nicaraguan Adjust22 ment and Central American Relief Act, as amended, and

23 in accordance with procedures that the Attorney General

24 shall prescribe by regulation. The Attorney General shall

25 not be required to refund any fees paid in connection with
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1 an application filed by a national of Guatemala or El Sal2 vador under section 203 of the Nicaraguan Adjustment

3 and Central American Relief Act.

4 SEC. 513. APPLICATIONS PENDING UNDER THE HAITIAN

5 REFUGEE IMMIGRATION FAIRNESS ACT OF

6 1998.

7 An application for adjustment of status properly filed

8 by a national of Haiti under the Haitian Refugee Immi9 gration Fairness Act of 1998 which was filed on or before

10 the date of the enactment of this Act, and on which a

11 final administrative determination has not been made,

12 may be considered by the Attorney General, in the Attor13 ney General’s unreviewable discretion, also to constitute

14 an application for adjustment of status under the provi15 sions of section 202 of the Nicaraguan Adjustment and

16 Central American Relief Act.

17 SEC. 514. TECHNICAL AMENDMENTS TO THE NICARAGUAN

18 ADJUSTMENT AND CENTRAL AMERICAN RE19 LIEF ACT.

20 Section 202 of the Nicaraguan Adjustment and Cen21 tral American Relief Act is amended—

22 (1) in subsection (a)(1)(B), by inserting ‘‘and

23 the Attorney General may, in her unreviewable dis24 cretion, waive the grounds of inadmissibility speci25 fied in section 212(a)(1)(A)(i) and section
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1 212(a)(6)(C) for humanitarian purposes, to assure

2 family unity, or when it is otherwise in the public

3 interest’’ after ‘‘apply’’;

4 (2) in subsection (a), by redesignating para5 graph (2) as paragraph (3) and by inserting after

6 paragraph (1) the following:

7 ‘‘(2) INAPPLICABILITY OF CERTAIN PROVI8 SIONS.—In determining the eligibility of an alien de9 scribed in subsection (b) or (d) for either adjustment

10 of status under this section or other relief necessary

11 to establish eligibility for such adjustment, the provi12 sions of section 241(a)(5) shall not apply. In addi13 tion, an alien who would otherwise be inadmissible

14 pursuant to section 212(a)(9) (A) or (C) may apply

15 for the Attorney General’s consent to reapply for ad16 mission without regard to the requirement that the

17 consent be granted prior to the date of the alien’s

18 reembarkation at a place outside the United States

19 or attempt to be admitted from foreign contiguous

20 territory, in order to qualify for the exception to

21 those grounds of inadmissibility set forth in sections

22 212(a)(9)(A)(iii) and 212(a)(9)(C)(ii).’’;

23 (3) in subsection (a), by striking paragraph (3)

24 (as so redesignated) and inserting the following:
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1 ‘‘(3) RELATIONSHIP OF APPLICATION TO CER2 TAIN ORDERS.—An alien present in the United

3 States who has been ordered excluded, deported, or

4 removed, or ordered to depart voluntarily from the

5 United States under any provision may, notwith6 standing such order, apply for adjustment of status

7 under paragraph (1). Such an alien may not be re8 quired, as a condition of submitting or granting such

9 application, to file a separate motion to reopen, re10 consider, or vacate such order. Such an alien may be

11 required to seek a stay of such an order in accord12 ance with subsection (c) to prevent the execution of

13 that order pending the adjudication of the applica14 tion for adjustment of status. If the Attorney Gen15 eral denies a stay of a final order of exclusion, de16 portation, or removal, or if the Attorney General

17 renders a final administrative determination to deny

18 the application for adjustment of status, the order

19 shall be effective and enforceable to the same extent

20 as if the application had not been made. If the At21 torney General grants the application for adjustment

22 of status, the Attorney General shall cancel the

23 order.’’;

24 (4) in subsection (b)(1), by adding at the end

25 the following: ‘‘However, subsection (a) shall not
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1 apply to an alien lawfully admitted for permanent

2 residence, unless he or she is applying for such relief

3 in deportation or removal proceedings.’’;

4 (5) in subsection (c)(1), by adding at the end

5 the following: ‘‘Nothing in this Act shall require the

6 Attorney General to stay the removal of an alien

7 who is ineligible for adjustment of status under this

8 Act.’’;

9 (6) in subsection (d)—

10 (A) by amending the subsection heading to

11 read ‘‘SPOUSES, CHILDREN, AND UNMARRIED

12 SONS AND DAUGHTERS.—’’;

13 (B) in paragraph (1), by amending the

14 heading to read ‘‘ADJUSTMENT OF STATUS.—’’;

15 (C) by striking paragraph (1)(A), and in16 serting the following:

17 ‘‘(A) the alien entered the United States

18 before the date of the enactment of the Res19 toration of Fairness in Immigration Law Act of

20 2000;’’;

21 (D) in paragraph (1)(B), by inserting after

22 ‘‘except that’’ the following: ‘‘(i) in the case of

23 such a spouse, stepchild, or unmarried stepson

24 or stepdaughter, the qualifying marriage was

25 entered into before the date of the enactment of
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1 the Restoration of Fairness in Immigration

2 Law Act of 2000; and (ii)’’; and

3 (E) by adding a new paragraph (3) to read

4 as follows:

5 ‘‘(3) ELIGIBILITY OF CERTAIN SPOUSES AND

6 CHILDREN FOR ISSUANCE OF IMMIGRANT VISAS.—

7 ‘‘(A) In accordance with regulations to be

8 promulgated by the attorney General and the

9 Secretary of State, upon approval of an applica10 tion for adjustment of status to that of an alien

11 lawfully admitted for permanent residence

12 under subsection (a), an alien who is the spouse

13 or child of the alien being granted such status

14 may be issued a visa for admission to the

15 United States as an immigrant following to join

16 the principal applicant, if the spouse or child—

17 ‘‘(i) meets the requirements in sub18 paragraphs (B) and (D) of paragraph (1);

19 and

20 ‘‘(ii) applies for such a visa not later

21 than 3 years after the date of the enact22 ment of the Restoration of Fairness in Im23 migration Law Act of 2000.

24 ‘‘(B) The Secretary of State may retain

25 fees to recover the cost of immigrant visa appli-
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1 cation processing and issuance for certain

2 spouses and children of aliens whose applica3 tions for adjustment of status under subsection

4 (a) have been approved. Such fees—

5 ‘‘(i) shall be deposited as an offsetting

6 collection to any Department of State ap7 propriation to recover the cost of such

8 processing and issuance; and

9 ‘‘(ii) shall be available until expended

10 for the same purposes of such appropria11 tion to support consular activities.’’;

12 (7) in subsection (g), by inserting after ‘‘for

13 permanent residence’’ the following: ‘‘or an immi14 grant classification’’; and

15 (8) by adding at the end the following:

16 ‘‘(i) ADMISSIONS.—Nothing in this section shall be

17 construed as authorizing an alien to apply for admission

18 to, be admitted to, be paroled into, or otherwise lawfully

19 return to the United States, to apply for or to pursue an

20 application for adjustment of status under this section

21 without the express authorization of the Attorney Gen22 eral.’’.
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1 SEC. 515. TECHNICAL AMENDMENTS TO THE HAITIAN IMMI2 GRATION FAIRNESS ACT OF 1998.

3 Section 902 of the Haitian Refugee Immigration

4 Fairness Act of 1998 is amended—

5 (1) in subsection (a)(1)(B), by inserting after

6 ‘‘apply’’ the following: ‘‘and the Attorney General

7 may, in the Attorney General’s unreviewable discre8 tion, waive the grounds of inadmissibility specified in

9 sections 212(a)(1)(A)(i) and 212(a)(6)(C) of the Im10 migration and Nationality Act for humanitarian pur11 poses, to assure family unity, or when it is otherwise

12 in the public interest’’;

13 (2) in subsection (a), by redesignating para14 graph (2) as paragraph (3) and by inserting after

15 paragraph (1) the following:

16 ‘‘(2) INAPPLICABILITY OF CERTAIN PROVI17 SIONS.—In determining the eligibility of an alien de18 scribed in subsection (b) or (d) for either adjustment

19 of status under this section or other relief necessary

20 to establish eligibility for such adjustment, or for

21 permission to reapply for admission to the United

22 States for the purpose of adjustment of status under

23 this section, the provisions of section 241(a)(5) shall

24 not apply. In addition, an alien who would otherwise

25 be inadmissible pursuant to subparagraph (A) or (C)

26 of section 212(a)(9) of the Immigration and Nation-
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1 ality Act may apply for the Attorney General’s con2 sent to reapply for admission without regard to the

3 requirement that the consent be granted prior to the

4 date of the alien’s reembarkation at a place outside

5 the United States or attempt to be admitted from

6 foreign contiguous territory, in order to qualify for

7 the exception to those grounds of inadmissibility set

8 forth in subparagraphs (A)(iii) and (C)(ii) of section

9 212(a)(9) of such Act.’’;

10 (3) in subsection (a), by striking paragraph (3)

11 (as so redesignated) and by inserting the following:

12 ‘‘(3) RELATIONSHIP OF APPLICATION TO CER13 TAIN ORDERS.—An alien present in the United

14 States who has been ordered excluded, deported, or

15 removed, or ordered to depart voluntarily from the

16 United States under any provision may, notwith17 standing such order, apply for adjustment of status

18 under paragraph (1). Such an alien may not be re19 quired, as a condition of submitting or granting such

20 application, to file a separate motion to reopen, re21 consider, or vacate such order. Such an alien may be

22 required to seek a stay of such an order in accord23 ance with subsection (c) to prevent the execution of

24 that order pending the adjudication of the applica25 tion for adjustment of status. If the Attorney Gen-
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1 eral denies a stay of a final order of exclusion, de2 portation, or removal, or if the Attorney General

3 renders a final administrative determination to deny

4 the application for adjustment of status, the order

5 shall be effective and enforceable to the same extent

6 as if the application had not been made. If the At7 torney General grants the application for adjustment

8 of status, the Attorney General shall cancel the

9 order.’’;

10 (4) in subsection (b)(1), by adding at the end

11 the following: ‘‘However, subsection (a) shall not

12 apply to an alien lawfully admitted for permanent

13 residence, unless he or she is applying for such relief

14 in deportation or removal proceedings.’’;

15 (5) in subsection (c)(1), by adding at the end

16 the following: ‘‘Nothing in this Act shall require the

17 Attorney General to stay the removal of an alien

18 who is ineligible for adjustment of status under this

19 Act.’’;

20 (6) in subsection (d)—

21 (A) by amending the subsection heading to

22 read ‘‘SPOUSES, CHILDREN, AND UNMARRIED

23 SONS AND DAUGHTERS.—’’;

24 (B) in paragraph (1), by amending the

25 heading to read ‘‘ADJUSTMENT OF STATUS.—’’;
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1 (C) by striking paragraph (1)(A), and in2 serting the following:

3 ‘‘(A) the alien entered the United States

4 on or before the date of the enactment of the

5 Restoration of Fairness in Immigration Law

6 Act of 2000;’’;

7 (D) in paragraph (1)(B), by inserting after

8 ‘‘except that’’ the following: ‘‘(i) in the case of

9 such a spouse, stepchild, or unmarried stepson

10 or stepdaughter, the qualifying marriage was

11 entered into before the date of the enactment of

12 the Restoration of Fairness in Immigration

13 Law Act of 2000; and (ii)’’;

14 (E) in paragraph (1), by adding at the end

15 the following:

16 ‘‘(E) the alien applies for such adjustment

17 before April 3, 2003.’’; and

18 (F) by adding at the end the following:

19 ‘‘(3) ELIGIBILITY OF CERTAIN SPOUSES AND

20 CHILDREN FOR ISSUANCE OF IMMIGRANT VISAS.—

21 ‘‘(A) In accordance with regulations to be

22 promulgated by the Attorney General and the

23 Secretary of State, upon approval of an applica24 tion for adjustment of status to that of an alien

25 lawfully admitted for permanent residence
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1 under subsection (a), an alien who is the spouse

2 or child of the alien being granted such status

3 may be issued a visa for admission to the

4 United States as an immigrant following to join

5 the principal applicant, if the spouse or child:

6 ‘‘(i) meets the requirements in sub7 paragraphs (B) and (D) of paragraph (1);

8 and

9 ‘‘(ii) applies for such a visa within a

10 time period to be established by regulation.

11 ‘‘(B) The Secretary of State may retain

12 fees to recover the cost of immigrant visa appli13 cation processing and issuance for certain

14 spouses and children of aliens whose applica15 tions for adjustment of status under subsection

16 (a) have been approved. Such fees—

17 ‘‘(i) shall be deposited as an offsetting

18 collection to any Department of State ap19 propriation to recover the cost of such

20 processing and issuance; and

21 ‘‘(ii) shall be available until expended

22 for the same purposes of such appropria23 tion to support consular activities.’’;
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1 (7) in subsection (g), by inserting after ‘‘for

2 permanent residence’’ the following: ‘‘or an immi3 grant classification’’; and

4 (8) by redesignating subsections (i), (j), and (k)

5 as subsections (j), (k), and (l) respectively, and by

6 inserting after subsection (h) the following:

7 ‘‘(i) ADMISSIONS.—Nothing in this section shall be

8 construed as authorizing an alien to apply for admission

9 to, be admitted to, be paroled into, or otherwise lawfully

10 return to the United States, to apply for or to pursue an

11 application for adjustment of status under this section

12 without the express authorization of the Attorney Gen13 eral.’’.

14 SEC. 516. MOTIONS TO REOPEN.

15 (a) HAITIAN NATIONALS.—Notwithstanding any

16 time and number limitations imposed by law on motions

17 to reopen, a national of Haiti who, on the date of the en18 actment of this Act, has a final administrative denial of

19 an application for adjustment of status under the Haitian

20 Refugee Immigration Fairness Act of 1998, and is made

21 eligible for adjustment of status under that Act by the

22 amendments made by this subtitle, may file one motion

23 to reopen exclusion, deportation, or removal proceedings

24 to have the application considered again. All such motions

25 shall be filed within 180 days of the date of the enactment
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1 of this Act. The scope of any proceeding reopened on this

2 basis shall be limited to a determination of the alien’s eli3 gibility for adjustment of status under the Haitian Ref4 ugee Immigration Fairness Act of 1998.

5 (b) CUBAN AND NICARAGUAN NATIONALS.—Not6 withstanding any time and number limitations imposed by

7 law on motions to reopen, a national of Cuba or Nicaragua

8 who, on the date of the enactment of this Act, has a final

9 administrative denial of an application for adjustment of

10 status under the Nicaraguan Adjustment and Central

11 American Relief Act, and who is made eligible for adjust12 ment of status under that Act by the amendments made

13 by this Act, may file one motion to reopen exclusion, de14 portation, or removal proceedings to have the application

15 considered again. All such motions shall be filed within

16 180 days of the date of the enactment of this Act. The

17 scope of any proceeding reopened on this basis shall be

18 limited to a determination of the alien’s eligibility for ad19 justment of status under the Nicaraguan Adjustment and

20 Central American Relief Act.
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1 Subtitle C—Equality of Treatment

2 for Women’s Citizenship

3 SEC. 521. DECLARATION OF CITIZENSHIP FOR CERTAIN

4 WOMEN WHO LOST CITIZENSHIP SOLELY BY

5 REASON OF MARRIAGE TO AN ALIEN PRIOR

6 TO SEPTEMBER 22, 1922.

7 (a) IN GENERAL.—Notwithstanding any provision of

8 title III of the Immigration and Nationality Act (8 U.S.C.

9 1401 et seq.), any woman who was a citizen of the United

10 States, lost such citizenship solely because the woman

11 married an alien prior to September 22, 1922, and died

12 before December 24, 1952, is hereby declared to be a cit13 izen of the United States as of the date of the enactment

14 of this Act.

15 (b) NO RETROACTIVE EFFECT.—This subtitle may

16 not be construed to affect—

17 (1) the citizenship of any person other than a

18 woman described in subsection (a); or

19 (2) the citizenship before the date of the enact20 ment of this Act of a woman described in subsection

21 (a).

22 SEC. 522. EQUITY IN TRANSMISSION OF CITIZENSHIP.

23 Subsection (d) of section 101 of the Immigration and

24 Nationality Technical Corrections Act of 1994 (Public
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1 Law 103–416; 8 U.S.C. 1401 note) is amended to read

2 as follows:

3 ‘‘(d) WAIVER OF TRANSMISSION REQUIREMENTS.—

4 The parental physical presence requirement contained in

5 section 301(g) of the Immigration and Nationality Act

6 shall not apply to any person born before the date of en7 actment of this Act who claims United States citizenship

8 based on such person’s descent from an individual de9 scribed in section 301(h) of the Immigration and Nation10 ality Act.’’.

11 Subtitle D—Fairness in the Treat12 ment for Refugees From Liberia

13 SEC. 531. ADJUSTMENT OF STATUS OF CERTAIN LIBERIAN

14 NATIONALS.

15 (a) ALIENS ELIGIBLE FOR ADJUSTMENT OF STA16 TUS.—The Attorney General shall adjust the status of an

17 alien to that of an alien lawfully admitted for permanent

18 residence, if the alien—

19 (1) is a national of Liberia;

20 (2) is eligible to remain in the United States

21 under the provisions of the Deferred Enforcement

22 Departure (DED) Order executed by President Wil23 liam J. Clinton, dated September 27, 1999;

24 (3) applies for adjustment before September 29,

25 2002; and
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1 (4) is otherwise eligible to receive an immigrant

2 visa and is otherwise admissible to the United States

3 for permanent residence, except that, in determining

4 such admissibility, the grounds for inadmissibility

5 specified in paragraphs (4), (5), (6)(A), and (7)(A)

6 of section 212(a) of the Immigration and Nationality

7 Act shall not apply.

8 (b) ADJUSTMENT OF STATUS FOR SPOUSES AND

9 CHILDREN.—The status of an alien shall be adjusted by

10 the Attorney General to that of an alien lawfully admitted

11 for permanent residence, if the alien is the spouse or child

12 of a Liberian national whose status is adjusted to that

13 of an alien lawfully admitted for permanent residence

14 under subsection (a) and is otherwise eligible to receive

15 an immigrant visa and is otherwise admissible to the

16 United States for permanent residence, except that, in de17 termining such admissibility, the grounds for inadmis18 sibility specified in paragraphs (4), (5), (6)(A), and (7)(A)

19 of section 212(a) of the Immigration and Nationality Act

20 shall not apply.

21 (c) INELIGIBLE ALIENS.—An alien shall not be eligi22 ble for adjustment of status under this section if the At23 torney General finds that the alien has been convicted and

24 sentenced to incarceration in a Federal or State correc25 tional facility or penitentiary.
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1 (d) RELATIONSHIP OF APPLICATION TO CERTAIN

2 ORDERS.—A Liberian national present in the United

3 States, who is qualified to remain in the United States

4 under the Deferred Enforcement Departure Order of

5 President William J. Clinton, dated September 27, 1999,

6 who has been ordered excluded, deported, removed, or or7 dered to depart voluntarily from the United States under

8 any provision of the Immigration and Nationality Act

9 may, notwithstanding such order, apply for adjustment of

10 status under subsection (a), if otherwise qualified under

11 that subsection. Such a Liberian national may not be re12 quired, as a condition on submitting or granting such ap13 plication, to file a separate motion to reopen, reconsider,

14 or vacate such order. If the Attorney General grants the

15 application, the Attorney General shall cancel the order.

16 If the Attorney General makes a final decision to deny

17 the application, the order shall be effective and enforceable

18 to the same extent as if the application had not been

19 made.

20 (e) AVAILABILITY OF ADMINISTRATIVE REVIEW.—

21 The Attorney General shall provide to applicants for ad22 justment of status under this Act the same right to, and

23 procedures for, administrative review as are provided to—
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1 (1) applicants for adjustment of status under

2 section 245 of the Immigration and Nationality Act;

3 or

4 (2) aliens subject to removal proceedings under

5 section 240 of such Act.

6 (f) NO OFFSET IN NUMBER OF VISAS AVAILABLE.—

7 When an alien is granted the status of having been law8 fully admitted for permanent residence pursuant to this

9 section, the Secretary of State shall not be required to re10 duce the number of immigrant visas authorized to be

11 issued under any provision of the Immigration and Na12 tionality Act.

13 (g) STAY OF REMOVAL.—The Attorney General shall

14 provide by regulation for a Liberian national, qualified to

15 benefit under the provision of this Act, who is subject to

16 a final order of deportation or removal or exclusion to seek

17 a stay of such order based on the filing of an application

18 under this Act.

19 (h) DURING CERTAIN PROCEEDINGS.—Notwith20 standing any provision of the Immigration and Nationality

21 Act, the Attorney General shall not order a Liberian na22 tional to be removed from the United States if the Libe23 rian national is in exclusion, deportation, or removal pro24 ceedings under any provision of such Act and has applied

25 for adjustment of status under subsection (a), except
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1 where the Attorney General has made a final determina2 tion to deny the application.

3 (i) WORK AUTHORIZATION.—The Attorney General

4 may authorize a Liberian national, who has applied for

5 adjustment of status under subsection (a), or who has ap6 plied for adjustment of status as a spouse or child under

7 this Act, to engage in employment in the United States

8 during the pendency of such application and may provide

9 the alien with an ‘‘employment authorized’’ endorsement

10 or other appropriate document signifying authorization of

11 employment, except that, if such application is pending for

12 a period exceeding 180 days and has not been denied, the

13 Attorney General shall authorize such employment.

14 (j) RECORD OF PERMANENT RESIDENCE.—Upon ap15 proval of the application of a Liberian national for adjust16 ment of status under subsection (a), the Attorney General

17 shall establish a record of the alien’s admission for perma18 nent residence as of the date of the alien’s arrival in the

19 United States.
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1 Subtitle E—Fairness in Review of

2 Previously Granted Amnesty

3 Rights

4 SEC. 541. ELIMINATION OF LIMITATION ON LEGALIZATION

5 LITIGATION.

6 Section 245A(f)(4) (8 U.S.C. 1255a(f)(4)) is amend7 ed by striking subparagraph (C).

8 Subtitle F—Legal Amnesty

9 Restoration

10 SEC. 551. RECORD OF ADMISSION FOR PERMANENT RESI11 DENCE IN THE CASE OF CERTAIN ALIENS.

12 (a) IN GENERAL.—Section 249 (8 U.S.C. 1259) is

13 amended—

14 (1) in the section heading by striking ‘‘1972’’

15 and inserting ‘‘1986’’; and

16 (2) in paragraph (a), by striking ‘‘1972’’ and

17 inserting ‘‘1986’’.

18 (b) CLERICAL AMENDMENT.—The table of sections

19 is amended in the item relating to section 249 by striking

20 ‘‘1972’’ and inserting ‘‘1986’’.
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1 Subtitle G—Equality of Treatment

2 for Asian American Visa Petitions

3 SEC. 561. IMMIGRATION OF CERTAIN ALIENS BORN IN THE

4 PHILIPPINES OR JAPAN AND FATHERED BY

5 U.S. CITIZENS.

6 Section 204(f)(2)(A) (8 U.S.C. 1154(f)(2)(A)) is

7 amended—

8 (1) by inserting ‘‘(I)’’ after ‘‘born’’; and

9 (2) by inserting after ‘‘subsection,’’ the fol10 lowing: ‘‘(II) in the Philippines after 1950 and be11 fore November 24, 1992, or (III) in Japan after

12 1950 and before the date of the enactment of this

13 subclause,’’.

14 TITLE VI—FAIRNESS AND COM15 PASSION IN THE TREATMENT

16 OF BATTERED IMMIGRANTS

17 SEC. 601. FINDINGS AND PURPOSES.

18 (a) FINDINGS.—Congress finds that—

19 (1) the goal of the immigration protections for

20 battered immigrants included in the Violence

21 Against Women Act of 1994 was to remove immi22 gration laws as a barrier that kept battered immi23 grant women and children locked in abusive relation24 ships;
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1 (2) providing battered immigrant women and

2 children who were experiencing domestic violence at

3 home with protection against deportation allows

4 them to obtain protection orders against their abus5 ers and frees them to cooperate with law enforce6 ment and prosecutors in criminal cases brought

7 against their abusers and the abusers of their chil8 dren; and

9 (3) there are several groups of battered immi10 grant women and children who do not have access

11 to the immigration protections of the Violence

12 Against Women Act of 1994 which means that their

13 abusers are virtually immune from prosecution be14 cause their victims can be deported and the Immi15 gration and Naturalization Service cannot offer

16 them protection no matter how compelling their case

17 under existing law.

18 (b) PURPOSES.—The purposes of this title are—

19 (1) to promote criminal prosecutions of all per20 sons who commit acts of battery or extreme cruelty

21 against immigrant women and children;

22 (2) to offer protection against domestic violence

23 occurring in family and intimate relationships that

24 are covered in State and tribal protection orders, do25 mestic violence, and family law statutes; and
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1 (3) to correct erosions of the Violence Against

2 Women Act of 1994 immigration protections that

3 occurred as a result of the Illegal Immigration Re4 form and Immigrant Responsibility Act of 1996 and

5 the Balanced Budget Act of 1997.

6 SEC. 602. RESTORING IMMIGRATION PROTECTIONS UNDER

7 THE VIOLENCE AGAINST WOMEN ACT OF 1994

8 (VAWA).

9 (a) REMOVING BARRIERS TO ADJUSTMENT OF STA10 TUS FOR VICTIMS OF DOMESTIC VIOLENCE.—Section 245

11 (8 U.S.C. 1255) is amended—

12 (1) in subsection (a), by inserting ‘‘or the sta13 tus of any other alien having an approved petition

14 for classification under subparagraph (A)(iii),

15 (A)(iv), (A)(v), (A)(vi), (B)(ii), (B)(iii), or (B)(iv) of

16 section 204(a)(1) or’’ after ‘‘into the United States’’;

17 and

18 (2) in subsection (c), by striking ‘‘Subsection

19 (a) shall not be applicable to’’ and inserting the fol20 lowing: ‘‘Other than an alien who has an approved

21 petition for classification under subparagraph

22 (A)(iii), (A)(iv), (A)(v), (A)(vi), (B)(ii), (B)(iii), or

23 (B)(iv) of section 204(a)(1), subsection (a) shall not

24 be applicable to’’.
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1 (b) REMOVING BARRIERS TO CANCELLATION OF RE2 MOVAL AND SUSPENSION OF DEPORTATION FOR VICTIMS

3 OF DOMESTIC VIOLENCE.—

4 (1) EXEMPTION FROM ANNUAL LIMITATION ON

5 CANCELLATION OF REMOVAL FOR BATTERED

6 SPOUSE OR CHILD.—Section 240A(e)(3) (8 U.S.C.

7 1229b(e)(3)) is amended by adding at the end the

8 following:

9 ‘‘(C) Aliens in removal proceedings who

10 applied for cancellation of removal under sub11 section (b)(2).’’.

12 (2) MODIFICATION OF CERTAIN TRANSITION

13 RULES FOR BATTERED SPOUSE OR CHILD.—Sub14 paragraph (C) of section 309(c)(5) of the Illegal Im15 migration Reform and Immigrant Responsibility Act

16 of 1996 (8 U.S.C. 1101 note), as amended by sec17 tion 203(a) of Public Law 105–100, is amended—

18 (A) in the heading by inserting ‘‘AND FOR

19 BATTERED SPOUSES AND CHILDREN’’ after

20 ‘‘FROM DEPORTATION’’; and

21 (B) in clause (i)—

22 (i) by striking, ‘‘or’’ at the end of sub23 clause (IV);

24 (ii) by striking the period at the end

25 of subclause (V) and inserting ‘‘; or’’; and
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1 (iii) by adding at the end the fol2 lowing new subclause:

3 ‘‘(VI) is an alien who was issued

4 an order to show cause or was in de5 portation proceedings before April 1,

6 1997, and who applied for suspension

7 of deportation under section 244(a)(3)

8 of the Immigration and Nationality

9 Act (as in effect before the date of the

10 enactment of this Act).’’.

11 (c) ELIMINATING TIME LIMITATIONS ON MOTIONS

12 TO REOPEN REMOVAL AND DEPORTATION PROCEEDINGS

13 FOR VICTIMS OF DOMESTIC VIOLENCE.—

14 (1) REMOVAL PROCEEDINGS.—Section

15 240(c)(6)(C) (8 U.S.C. 1229a(c)(6)(C)) is amended

16 by adding at the end the following:

17 ‘‘(iv) SPECIAL RULE FOR BATTERED

18 SPOUSES AND CHILDREN.—There is no

19 time limit on the filing of a motion to re20 open, and the deadline specified in sub21 section (b)(5)(C) for filing such a motion

22 does not apply—

23 ‘‘(I) if the basis for the motion is

24 to apply for relief under clause (iii),

25 (iv), (v), or (vi) of section
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1 204(a)(1)(A), clause (ii), (iii), or (iv)

2 of section 204(a)(1)(B), or section

3 240A(b)(2); and

4 ‘‘(II) if the motion is accom5 panied by a cancellation of removal

6 application to be filed with the Attor7 ney General or by a copy of the self8 petition that has been or will be filed

9 with the Immigration and Naturaliza10 tion Service upon the granting of the

11 motion to reopen.’’.

12 (2) DEPORTATION PROCEEDINGS.—

13 (A) IN GENERAL.—Notwithstanding any

14 limitation imposed by law on motions to reopen

15 or rescind deportation proceedings under the

16 Immigration and Nationality Act (as in effect

17 before the title III–A effective date in section

18 309 of the Illegal Immigration Reform and Im19 migrant Responsibility Act of 1996 (8 U.S.C.

20 1101 note)), there is no time limit on the filing

21 of a motion to reopen such proceedings, and the

22 deadline specified in section 242B(c)(3) of the

23 Immigration and Nationality Act (as so in ef24 fect) (8 U.S.C. 1252b(c)(3)) does not apply—
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1 (i) if the basis of the motion is to

2 apply for relief under clause (iii), (iv), (v),

3 or (vi) of section 204(a)(1)(A) of the Im4 migration and Nationality Act (8 U.S.C.

5 1154(a)(1)(A)), clause (ii), (iii), or (iv) of

6 section 204(a)(1)(B) of such Act (8 U.S.C.

7 1154(a)(1)(B)), or section 244(a)(3) of

8 such Act (as so in effect) (8 U.S.C.

9 1254(a)(3)); and

10 (ii) if the motion is accompanied by a

11 suspension of deportation application to be

12 filed with the Attorney General or by a

13 copy of the self-petition that will be filed

14 with the Immigration and Naturalization

15 Service upon the granting of the motion to

16 reopen.

17 (B) APPLICABILITY.—Subparagraph (A)

18 shall apply to motions filed by aliens who—

19 (i) are, or were, in deportation pro20 ceedings under the Immigration and Na21 tionality Act (as in effect before the title

22 III–A effective date in section 309 of the

23 Illegal Immigration Reform and Immigrant

24 Responsibility Act of 1996 (8 U.S.C. 1101

25 note)); and
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1 (ii) have become eligible to apply for

2 relief under clause (iii), (iv), (v), or (vi) of

3 section 204(a)(1)(A) of the Immigration

4 and Nationality Act (8 U.S.C.

5 1154(a)(1)(A)), clause (ii), (iii), or (iv) of

6 section 204(a)(1)(B) of such Act (8 U.S.C.

7 1154(a)(1)(B)), or section 244(a)(3) of

8 such Act (as in effect before the title III–

9 A effective date in section 309 of the Ille10 gal Immigration Reform and Immigrant

11 Responsibility Act of 1996 (8 U.S.C. 1101

12 note)) as a result of the amendments made

13 by—

14 (I) subtitle G of title IV of the

15 Violent Crime Control and Law En16 forcement Act of 1994 (Public Law

17 103–322; 108 Stat. 1953 et seq.); or

18 (II) this title.

19 SEC. 603. REMEDYING PROBLEMS WITH IMPLEMENTATION

20 OF THE IMMIGRATION PROVISIONS OF VAWA.

21 (a) EFFECT OF CHANGES IN ABUSERS’ CITIZENSHIP

22 STATUS ON SELF-PETITION.—

23 (1) RECLASSIFICATION.—Section 204(a)(1)(A)

24 (8 U.S.C. 1154(a)(1)(A)), as amended by para25 graphs (4), (5), and (6) of section 606(c), is amend-
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1 ed by adding after clause (vii) the following new

2 clause:

3 ‘‘(viii) For the purposes of any petition filed under

4 clause (iii), (iv), (v), or (vi), denaturalization, loss or re5 nunciation of citizenship, death of the abuser, or changes

6 to the abuser’s citizenship status after filing of the petition

7 shall not adversely affect the approval of the petition and,

8 for approved petitions, shall not preclude the classification

9 of the eligible self-petitioning spouse, child, or son or

10 daughter as an immediate relative or affect the alien’s

11 ability to adjust status under subsections (a) and (c) of

12 section 245 or obtain status as a lawful permanent resi13 dent based on the approved self-petition under such

14 clauses.’’.

15 (2) LOSS OF STATUS.—Section 204(a)(1)(B) (8

16 U.S.C. 1154(a)(1)(B)), as amended by paragraphs

17 (4) and (5) of section 606(d), is amended by adding

18 after clause (v) the following new clause:

19 ‘‘(vi)(I) For the purposes of petitions filed or ap20 proved under clause (ii), (iii), or (iv), loss of lawful perma21 nent resident status by a spouse or parent or death of

22 a spouse or parent who was a lawful permanent resident

23 after the filing of a petition under that clause shall not

24 adversely affect approval of the petition, and, for an ap25 proved petition, shall not affect the alien’s ability to adjust
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1 status under sections 245(a) and 245(c) or obtain status

2 as a lawful permanent resident based on the approved self3 petition under such clause (ii), (iii), or (iv).

4 ‘‘(II) Upon the lawful permanent resident spouse or

5 parent becoming a United States citizen through natu6 ralization, acquisition of citizenship, or other means, any

7 petition filed with the Immigration and Naturalization

8 Service and pending or approved under clause (ii), (iii),

9 or (iv) on behalf of an alien who has been battered or sub10 jected to extreme cruelty shall be deemed reclassified as

11 a petition filed under subparagraph (A) even if the acqui12 sition of citizenship occurs after divorce or termination of

13 parental rights.’’.

14 (3) DEFINITION OF IMMEDIATE RELATIVE.—

15 Section 201(b)(2)(A)(i) (8 U.S.C. 1154(b)(2)(A)(i))

16 is amended by adding at the end the following new

17 sentence: ‘‘For purposes of this clause, an alien who

18 has filed a petition under clause (iii), (iv), (v), or

19 (vi) of section 204(a)(1)(A) remains an immediate

20 relative in the event that the United States citizen

21 spouse, parent, son, or daughter loses United States

22 citizenship or dies after the filing of the petition.’’.

23 (b) EXEMPTION FOR BATTERED IMMIGRANT WOMEN

WHO ENTERED THE UNITED STATES ON FIANCE ́ 24 VISAS

25 FROM CONDITIONAL RESIDENCY STATUS REQUIRE-
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1 MENT.—Section 245(d) (8 U.S.C. 1255(d)) is amended by

2 adding at the end the following: ‘‘This subsection shall not

3 apply to aliens who seek adjustment of status on the basis

4 of an approved self-petition for classification under clause

5 (iii), (iv), (v), or (vi) of section 204(a)(1)(A) or classifica6 tion under clause (ii), (iii), or (iv) of section

7 204(a)(1)(B).’’.

8 (c) REDUCING AN ABUSER’S CONTROL OVER A BAT9 TERED IMMIGRANT’S IMMIGRATION CASE.—Section 205

10 (8 U.S.C. 1155) is amended by adding at the end the fol11 lowing: ‘‘Whenever a beneficiary of a petition filed under

12 section 204 provides the Attorney General with credible

13 evidence of battery or extreme cruelty as described in sec14 tion 216(c)(4)(C), 204(a)(1)(A), or 204(a)(1)(B), the At15 torney General shall adjudicate the petition filed under

16 section 204 notwithstanding—

17 ‘‘(1) the withdrawal by the petitioner of the pe18 tition;

19 ‘‘(2) the failure of the petitioner to appear at

20 the interview;

21 ‘‘(3) the failure of the petitioner to file an affi22 davit of support; or

23 ‘‘(4) a prior revocation or denial based on with24 drawal of, or failure to prosecute, the petition or any

25 other determination based on the petitioner’s actions
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1 that could result or have resulted in the denial or

2 revocation of the petition (but for this section).’’.

3 (d) REQUIRING PROSECUTOR COOPERATION WITH

4 BATTERED IMMIGRANT VAWA APPLICANTS.—Section

5 2101(c) of the Omnibus Crime Control and Safe Streets

6 Act of 1968 (42 U.S.C. 3796hh(c)) is amended—

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

8 (4);

9 (2) by striking the period at the end of para10 graph (4) and inserting ‘‘; and’’; and

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

12 ‘‘(5) certify that their laws, policies, and prac13 tices do not discourage or prohibit prosecutors and

14 law enforcement officers from granting access to in15 formation about the citizenship or lawful permanent

16 residency status of a domestic violence perpetrator

17 to the victim, the child, son, or daughter or their ad18 vocate so long as release of the information does not

19 jeopardize ongoing prosecution of the abuser.’’.

20 (e) ALLOWING REMARRIAGE OF BATTERED IMMI21 GRANTS.—Section 204(h) (8 U.S.C. 1154(h)) is amended

22 by adding at the end the following new sentence: ‘‘Remar23 riage of an alien whose petition was approved under sub24 section (a)(1)(B)(ii) or (a)(1)(A)(iii) or marriage of an

25 alien described in subsection (a)(1)(A)(iv), (a)(1)(A)(vi),
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1 (a)(1)(B)(iii), or (a)(1)(B)(iv) shall not be the basis for

2 revocation under section 205.’’.

3 SEC. 604. WAIVERS AND EXCEPTIONS TO INADMISSIBILITY

4 FOR OTHERWISE QUALIFIED BATTERED IM5 MIGRANTS.

6 (a) DISCRETIONARY WAIVERS FOR CERTAIN INAD7 MISSIBILITY AND REMOVAL GROUNDS.—

8 (1) INADMISSIBILITY GROUNDS.—Section 212

9 (8 U.S.C. 1182) is amended by adding at the end

10 the following:

11 ‘‘(r) DISCRETIONARY WAIVER AUTHORITY.—The At12 torney General, in the Attorney General’s discretion, may

13 waive any provision of this section (other than paragraphs

14 (3), (10)(A), (10)(D), and (10)(E) of subsection (a)) for

15 humanitarian purposes, to assure family unity, or when

16 it is otherwise in the public interest if the alien dem17 onstrates a connection between the crime or disqualifying

18 act and battery or extreme cruelty for any alien who quali19 fies for—

20 ‘‘(1) classification under clause (iii), (iv), (v), or

21 (vi) of section 204(a)(1)(A) or classification under

22 clause (ii), (iii), or (iv) of section 204(a)(1)(B); or

23 ‘‘(2) relief under section 240A(b)(2) or under

24 section 244(a)(3) (as in effect before the enactment
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1 of the Illegal Immigration Reform and Immigrant

2 Responsibility Act of 1996).’’.

3 (2) REMOVAL GROUNDS.—Section 237 (8

4 U.S.C. 1227) is amended by adding at the end the

5 following:

6 ‘‘(d) DISCRETIONARY WAIVER AUTHORITY.—The At7 torney General, in the discretion of the Attorney General,

8 may waive any provision of this section (other than sub9 sections (a)(2)(D)(i), (a)(4), or (a)(5)) for humanitarian

10 purposes, to assure family unity, or when it is otherwise

11 in the public interest in the case of an alien who dem12 onstrates a connection between the crime or disqualifying

13 act and battery or extreme cruelty for any alien who quali14 fies for—

15 ‘‘(1) classification under clause (iii), (iv), (v), or

16 (vi) of section 204(a)(1)(A) or classification under

17 clause (ii), (iii), or (iv) of section 204(a)(1)(B); or

18 ‘‘(2) relief under section 240A(b)(2) or under

19 section 244(a)(3) (as in effect before the enactment

20 of the Illegal Immigration Reform and Immigrant

21 Responsibility Act of 1996).’’.

22 (b) OFFERING EQUAL ACCESS TO VAWA IMMIGRA23 TION PROTECTIONS FOR ALL QUALIFIED BATTERED IM24 MIGRANT SELF-PETITIONERS.—
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1 (1) ELIMINATING CONNECTION BETWEEN BAT2 TERY AND UNLAWFUL ENTRY.—Section

3 212(a)(6)(A)(ii) (8 U.S.C. 1182) is amended—

4 (A) by amending subclause (I) to read as

5 follows:

6 ‘‘(I) the alien qualifies for classi7 fication under subparagraph (A)(iii),

8 (A)(iv), (A)(v), (A)(vi), (B)(ii),

9 (B)(iii), or (B)(iv) of section

10 204(a)(1), and’’;

11 (B) by striking ‘‘, and’’ in subclause (II)

12 and inserting a period; and

13 (C) by striking subclause (III).

14 (2) BATTERED IMMIGRANT EXCEPTION.—Sec15 tion 212(a)(9)(A)(iii) (8 U.S.C. 1182(a)(9)(A)(iii))

16 is amended by adding at the end the following:

17 ‘‘Clauses (i) and (ii) also shall not apply to aliens to

18 whom the Attorney General has granted classifica19 tion under clause (iii), (iv), (v), or (vi) of section

20 204(a)(1)(A) or classification under clause (ii), (iii),

21 or (iv) of section 204(a)(1)(B).’’.

22 (3) ELIMINATING CONNECTION BETWEEN BAT23 TERY AND VIOLATION OF THE TERMS OF AN IMMI24 GRANT VISA.—Section 212(a)(9)(B)(iii)(IV) (8

25 U.S.C. 1182(a)(9)(B)(iii)(IV)) is amended by strik-
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1 ing ‘‘who would be described in paragraph

2 (6)(A)(ii)’’ and all that follows and inserting ‘‘who

3 is described in paragraph (6)(A)(ii).’’.

4 (4) BATTERED IMMIGRANT EXCEPTION.—Sec5 tion 212(a)(9)(C)(ii) (8 U.S.C. 1182(a)(9)(C)(ii)) is

6 amended by adding at the end the following: ‘‘Clause

7 (i) shall also not apply to aliens to whom the Attor8 ney General has granted classification under clause

9 (iii), (iv), (v), or (vi) of section 204(a)(1)(A) or clas10 sification under clause (ii), (iii), or (iv) of section

11 204(a)(1)(B).’’.

12 (5) WAIVER OF CERTAIN REMOVAL GROUNDS.—

13 Section 237 (8 U.S.C. 1227), as amended by sub14 section (a)(2), is further amended by adding at the

15 end the following:

16 ‘‘(e) WAIVER FOR VICTIMS OF DOMESTIC VIO17 LENCE.—The Attorney General is not limited by the

18 criminal court record and may waive the application of

19 subsections (a)(2)(E)(i), (a)(2)(E)(ii), (a)(2)(A)(i), and

20 (a)(2)(A)(iii) in the case of an alien who has been battered

21 or subjected to extreme cruelty and who is not and was

22 not the primary perpetrator of violence in the

23 relationship—

24 ‘‘(1) upon determination that—

25 ‘‘(A) the alien was acting in self-defense;
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1 ‘‘(B) the alien was found to have violated

2 a protection order intended to protect the alien;

3 or

4 ‘‘(C) the alien committed, was arrested for,

5 was convicted of, or pled guilty to committing

6 a crime where there was a connection between

7 the crime and having been battered or subjected

8 to extreme cruelty; or

9 ‘‘(2) for humanitarian purposes, to assure fam10 ily unity, or when it is otherwise in the public inter11 est.’’.

12 (6) MISREPRESENTATION WAIVERS FOR BAT13 TERED SPOUSES OF UNITED STATES CITIZENS AND

14 LAWFUL PERMANENT RESIDENTS.—

15 (A) WAIVER OF INADMISSIBILITY.—Sec16 tion 212(i)(1) (8 U.S.C. 1182(i)(1)) is amended

17 by inserting before the period at the end the

18 following: ‘‘or, in the case of an alien granted

19 classification under clause (iii), (iv), (v), or (vi)

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

21 (iv) of section 204(a)(1)(B), or who qualifies

22 for relief under section 240A(b)(2) or under

23 section 244(a)(3) (as in effect before the date

24 of enactment of the Illegal Immigration Reform

25 and Immigrant Responsibility Act of 1996), the
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1 alien demonstrates extreme hardship to the

2 alien or the alien’s United States citizen, lawful

3 permanent resident or qualified alien parent,

4 child, son, or daughter’’.

5 (B) WAIVER OF DEPORTABILITY.—Section

6 237(a)(1)(H) (8 U.S.C. 1227(a)(1)(H)) is

7 amended—

8 (i) in clause (i), by inserting ‘‘(I)’’

9 after ‘‘(i)’’;

10 (ii) by redesignating clause (ii) as

11 subclause (II); and

12 (iii) by inserting after clause (i) the

13 following new clause:

14 ‘‘(ii) is an alien who qualifies for clas15 sification under clause (iii), (iv), (v), or (vi)

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

17 or (iv) of section 204(a)(1)(B), or who

18 qualifies for relief under section

19 240A(b)(2) or under section 244(a)(3) (as

20 in effect before the date of enactment of

21 the Illegal Immigration Reform and Immi22 grant Responsibility Act of 1996).’’.
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1 SEC. 605. CALCULATION OF PHYSICAL PRESENCE IN VAWA

2 CANCELLATION OF REMOVAL AND SUSPEN3 SION OF DEPORTATION.

4 (a) CANCELLATION OF REMOVAL PROCEEDINGS.—

5 Section 240A(d)(1) (8 U.S.C. 1229b(d)(1)), as amended

6 by section 205, is further amended by adding at the end

7 the following: ‘‘In the case of an alien applying for can8 cellation of removal under subsection (b)(2), the Attorney

9 General may waive the provisions of this subsection for

10 humanitarian purposes, to assure family unity, or when

11 it is otherwise in the public interest, if the alien dem12 onstrates that the absences were connected to the battery

13 or extreme cruelty forming the basis of the application for

14 cancellation of removal under such subsection.’’.

15 (b) SUSPENSION OF DEPORTATION PROCEEDINGS.—

16 With respect to applications filed under section 244(a)(3)

17 of the Immigration and Nationality Act (as in effect before

18 the title III-A effective date, as defined in section 309(a)

19 of the Illegal Immigration Reform and Immigrant Respon20 sibility Act of 1996 (division C of Public Law 104–208;

21 110 Stat. 3009–625)) (8 U.S.C. 1254(a)(3)), the Attorney

22 General may waive the physical presence requirement for

23 humanitarian purposes, to assure family unity, or when

24 it is otherwise in the public interest if the alien dem25 onstrates that the absences were connected to the battery
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1 or extreme cruelty forming the basis of the application for

2 suspension of deportation.

3 SEC. 606. IMPROVED ACCESS TO VAWA IMMIGRATION PRO4 TECTIONS FOR BATTERED IMMIGRANT

5 WOMEN.

6 (a) INTENDED SPOUSE DEFINED.—Section 101(a)

7 (8 U.S.C. 1101(a)) is amended by adding at the end the

8 following new paragraph:

9 ‘‘(50) The term ‘intended spouse’ means any alien

10 who meets the criteria set forth in section 204(j)(1)(B)

11 or 204(k)(1)(B).’’.

12 (b) ENSURING PROTECTION FOR ABUSED CHILDREN

13 AND CHILDREN OF BATTERED IMMIGRANTS.—Section

14 101(b) (8 U.S.C. 1101(b)) is amended—

15 (1) in paragraph (1), by striking ‘‘The term’’

16 and inserting ‘‘Subject to paragraph (6), the term’’,

17 and

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

19 paragraph:

20 ‘‘(6) For the purposes of clauses (iii) and (iv) of sec21 tion 204(a)(1)(A), clauses (ii) and (iii) of section

22 204(a)(1)(B), section 240A(b)(2), and section 244(a)(3)

23 (as in effect before the date of the enactment of the Illegal

24 Immigration Reform and Immigrant Responsibility Act of

25 1996) and for the purposes of attaining lawful permanent
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1 residency under those sections either under section 245

2 or by obtaining an immigrant visa under section 203, an

3 individual who turns 21 years old remains a child under

4 paragraph (1) if, on the date a petition or application was

5 filed by the individual or their parent under any of these

6 sections the individual—

7 ‘‘(A) met the definition of child in one of sub8 paragraphs (A) through (F) of paragraph (1); and

9 ‘‘(B) was under the age of 21 on the date the

10 application or petition was filed.’’.

11 (c) IMMEDIATE RELATIVE STATUS FOR SELF-PETI12 TIONERS MARRIED TO U.S. CITIZENS.—

13 (1) SELF-PETITIONING SPOUSES.—

14 (A) BATTERY OR CRUELTY TO ALIEN OR

15 ALIEN’S CHILD.—Section 204(a)(1)(A)(iii) (8

16 U.S.C. 1154(a)(1)(A)(iii)) is amended to read

17 as follows:

18 ‘‘(iii) An alien who is described in subsection (j) may

19 file a petition with the Attorney General under this clause

20 for classification of the alien (and any child of the alien

21 as defined in paragraph (1) or (6) of section 101(b) if

22 the alien demonstrates to the Attorney General that—

23 ‘‘(I) the marriage or the intent to marry the

24 United States citizen was entered into in good faith

25 by the alien; and
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1 ‘‘(II) during the marriage or relationship in2 tended by the alien to be legally a marriage, the

3 alien or a child of the alien has been battered or has

4 been the subject of extreme cruelty perpetrated by

5 the alien’s spouse or intended spouse.’’.

6 (B) DESCRIPTION OF PROTECTED SPOUSE

7 OR INTENDED SPOUSE.—Section 204 (8 U.S.C.

8 1154) is amended by adding at the end the fol9 lowing:

10 ‘‘(j) DESCRIPTION OF PROTECTED SPOUSE OR IN11 TENDED SPOUSE.—For purposes of subsection

12 (a)(1)(A)(iii), an alien described in this subsection is an

13 alien—

14 ‘‘(1)(A) who is the spouse of a citizen of the

15 United States; or

16 ‘‘(B)(i) who believed that he or she had married

17 a citizen of the United States and with whom a mar18 riage ceremony was actually performed; and

19 ‘‘(ii) who otherwise meets any applicable re20 quirements under this Act to establish the existence

21 of and bona fides of a marriage, but whose marriage

22 is not legitimate solely because of the bigamy of

23 such citizen of the United States; or

24 ‘‘(C) who was a bona fide spouse of a United

25 States citizen within the past two years and whose
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1 spouse died within the past two years, or whose

2 spouse lost immigration status within the past two

3 years due to an incident of domestic violence, or who

4 demonstrates a connection between the legal termi5 nation of the marriage within the past two years and

6 battering or extreme cruelty by the United States

7 citizen spouse;

8 ‘‘(2) who is a person of good moral character;

9 ‘‘(3) who is eligible to be classified as an imme10 diate relative under section 201(b)(2)(A)(i) or who

11 would have been so classified but for the bigamy of

12 the citizen of the United States that the alien in13 tended to marry; and

14 ‘‘(4) who has resided with the alien’s spouse or

15 intended spouse.’’.

16 (2) GUARANTEEING ACCESS TO VAWA RELIEF

17 FOR BATTERED IMMIGRANTS BROUGHT INTO THE

UNITED STATES ON FIANCE ́ 18 VISAS.—Section

19 204(a)(1)(C), as inserted by subsection (d)(6), is

20 amended by adding at the end the following new

21 clause:

‘‘(iii) For aliens who entered the country on fiance ́ 22

23 visas, failure to marry the sponsor or failure to marry the

24 sponsor within 90 days as required under section

25 101(a)(15)(K) shall not bar access to relief under clause
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1 (iii), (iv), (v), or (vi) of subsection (a)(1)(A), under clause

2 (ii), (iii), or (iv) of subsection (a)(1)(B), under section

3 240A(b)(2), or under section 244(a)(3) (as in effect before

4 the enactment of the Illegal Immigration Reform and Im5 migrant Responsibility Act of 1996) to aliens who other6 wise qualify.’’.

7 (3) SELF-PETITIONING CHILDREN.—Section

8 204(a)(1)(A)(iv) (8 U.S.C. 1154(a)(1)(A)(iv)) is

9 amended to read as follows:

10 ‘‘(iv) An alien who is the child of a citizen of the

11 United States (as defined in paragraph (1) or (6) of sec12 tion 101(b)) or who was a child of United States citizen

13 parent who died within the past two years or lost immigra14 tion status due to an incident of domestic violence within

15 the past two years, and who is a person of good moral

16 character, who is eligible to be classified as an immediate

17 relative under section 201(b)(2)(A)(i), and who resides or

18 has resided in the past with the citizen parent may file

19 a petition with the Attorney General under this subpara20 graph for classification of the alien (and any child of the

21 alien) under such section if the alien demonstrates to the

22 Attorney General that the alien has been battered by or

23 has been the subject of extreme cruelty perpetrated by the

24 alien’s citizen parent. For purposes of this clause, resi25 dence includes any period of visitation.’’.
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1 (4) SELF-PETITIONING PARENTS.—Section

2 204(a)(1)(A) (8 U.S.C. 1154(a)(1)(A)) is amended

3 by adding after clause (iv) the following new clause:

4 ‘‘(v) An alien who is the parent of a citizen of the

5 United States or who was a parent of United States cit6 izen who died within the past two years or lost immigra7 tion status due to an incident of domestic violence within

8 the past two years, and who is a person of good moral

9 character, who is eligible to be classified as an immediate

10 relative under section 201(b)(2)(A)(i), and who has re11 sided with the citizen daughter or son may file a petition

12 with the Attorney General under this subparagraph for

13 classification of the alien under such section if the alien

14 demonstrates to the Attorney General that the alien has

15 been battered by or has been the subject of extreme cru16 elty perpetrated by the alien’s citizen son or daughter.’’.

17 (5) SELF-PETITIONING SON OR DAUGHTER.—

18 Section 204(a)(1)(A) (8 U.S.C. 1154(a)(1)(A)), as

19 amended by paragraph (4), is amended by adding

20 after clause (v) the following new clause:

21 ‘‘(vi) An alien who is the son or daughter of a citizen

22 of the United States or who was the son or daughter of

23 United States citizen parent who died within the past two

24 years or lost immigration status due to an incident of do25 mestic violence within the past two years, and who is a
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1 person of good moral character, who is eligible for classi2 fication by reason of a relationship described in paragraph

3 (1) of section 203(a), and who resides or has resided in

4 the past with the citizen parent may file a petition with

5 the Attorney General under this clause for classification

6 of the alien (and any child of the alien) under such section

7 if the alien demonstrates to the Attorney General that the

8 alien has been battered by, or has been the subject of ex9 treme cruelty perpetrated by, the alien’s citizen parent and

10 1 or more incidents of battery or extreme cruelty occurred

11 before the son or daughter reached the age of 21. For

12 purposes of this clause, residence includes any period of

13 visitation.’’.

14 (6) FILING OF PETITIONS.—Section

15 204(a)(1)(A) (8 U.S.C. 1154 (a)(1)(A)(iv)), as

16 amended by paragraphs (4) and (5), is amended by

17 adding after clause (vi) the following new clause:

18 ‘‘(vii) An alien who is the spouse, intended spouse,

19 child, parent, son, or daughter of a United States citizen

20 living abroad and who is eligible to file a petition under

21 clause (iii), (iv), (v), or (vi) shall file such petition with

22 the Attorney General under the procedures that apply to

23 self-petitioners under such clauses.’’.
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1 (d) SECOND PREFERENCE IMMIGRATION STATUS

2 FOR SELF-PETITIONERS MARRIED TO LAWFUL PERMA3 NENT RESIDENTS.—

4 (1) SELF-PETITIONING SPOUSES.—Section

5 204(a)(1)(B)(ii) (8 U.S.C. 1154(a)(1)(B)(ii)) is

6 amended to read as follows:

7 ‘‘(ii) An alien who is described in subsection (k) may

8 file a petition with the Attorney General under this clause

9 for classification of the alien (and any child of the alien

10 as defined in paragraph (1) or (6) of section 101(b)) if

11 such a child has not been classified under clause (iii) of

12 section 203(a)(2)(A) and if the alien demonstrates to the

13 Attorney General that—

14 ‘‘(I) the marriage or the intent to marry the

15 lawful permanent resident was entered into in good

16 faith by the alien; and

17 ‘‘(II) during the marriage or relationship in18 tended by the alien to be legally a marriage, the

19 alien or a child of the alien has been battered or has

20 been the subject of extreme cruelty perpetrated by

21 the alien’s spouse or intended spouse.’’.

22 (2) DESCRIPTION OF PROTECTED SPOUSE OR

23 INTENDED SPOUSE.—Section 204 (8 U.S.C. 1154),

24 as amended by subsection (c)(1)(B), is further

25 amended by adding at the end the following:
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1 ‘‘(k) DESCRIPTION OF PROTECTED SPOUSE OR IN2 TENDED SPOUSE.—For purposes of subsection

3 (a)(1)(B)(ii), an alien described in this subsection is an

4 alien—

5 ‘‘(1)(A) who is the spouse of a lawful perma6 nent resident of the United States; or

7 ‘‘(B)(i) who believed that he or she had married

8 a lawful permanent resident of the United States

9 and with whom a marriage ceremony was actually

10 performed; and

11 ‘‘(ii) who otherwise meets any applicable re12 quirements under this Act to establish the existence

13 of and bona fides of a marriage, but whose marriage

14 is not legitimate solely because of the bigamy of

15 such lawful permanent resident of the United States;

16 or

17 ‘‘(iii) who was a bona fide spouse of a lawful

18 permanent resident within the past two years and

19 whose spouse died within the past two years, or

20 whose spouse lost status within the past two years

21 due to an incident of domestic violence, or who dem22 onstrates a connection between the legal termination

23 of the marriage within the past two years and bat24 tering or extreme cruelty by the United States cit25 izen spouse;
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1 ‘‘(2) who is a person of good moral character;

2 ‘‘(3) who is eligible to be classified as a spouse

3 of an alien lawfully admitted for permanent resi4 dence under section 203(a)(2)(A) or who would have

5 been so classified but for the bigamy of the lawful

6 permanent resident of the United States that the

7 alien intended to marry; and

8 ‘‘(4) who has resided in the United States with

9 the alien’s spouse or intended spouse.’’.

10 (3) SELF-PETITIONING CHILDREN.—Section

11 204(a)(1)(B)(iii) (8 U.S.C. 1154(a)(1)(B)(iii)) is

12 amended to read as follows:

13 ‘‘(iii) An alien who is the child of an alien lawfully

14 admitted for permanent residence as defined in paragraph

15 (1) or (6) of section 101(b) or who was a child of a lawful

16 permanent resident parent who died within the past two

17 years or lost immigration status due to an incident of do18 mestic violence within the past two years, and who is a

19 person of good moral character, who is eligible for classi20 fication under section 203(a)(2)(A), and who resides or

21 has resided in the past with the alien’s permanent resident

22 alien parent may file a petition with the Attorney General

23 under this subparagraph for classification of the alien

24 (and any child of the alien) under such section if the alien

25 demonstrates to the Attorney General that the alien has
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1 been battered by or has been the subject of extreme cru2 elty perpetrated by the alien’s permanent resident parent.

3 For purposes of this clause, residence includes any period

4 of visitation.’’.

5 (4) SELF-PETITIONING SON OR DAUGHTER.—

6 Section 204(a)(1)(B) (8 U.S.C. 1154(a)(1)(B)) is

7 amended by inserting after clause (iii) the following:

8 ‘‘(iv) An alien who is the son or daughter of an alien

9 lawfully admitted for permanent residence or who was a

10 son or daughter of a lawful permanent resident parent

11 who died within the past two years or lost immigration

12 status due to an incident of domestic violence within the

13 past two years and who is a person of good moral char14 acter, who is eligible for classification by reason of a rela15 tionship described in paragraph (2) of section 203(a), and

16 who resides or has resided in the past with the alien’s legal

17 permanent resident parent may file a petition with the At18 torney General under this clause for classification of the

19 alien (and any child of the alien) under such section if

20 the alien demonstrates to the Attorney General that the

21 alien has been battered by, or has been the subject of ex22 treme cruelty perpetrated by, the alien’s legal permanent

23 resident parent and 1 or more incidents of battery or ex24 treme cruelty occurred before the son or daughter reached
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1 the age of 21. For purposes of this clause, residence in2 cludes any period of visitation.’’.

3 (5) FILING OF PETITIONS.—Section

4 204(a)(1)(B) (8 U.S.C. 1154(a)(1)(B)), as amended

5 by paragraph (4), is further amended by adding

6 after clause (iv) the following new clause:

7 ‘‘(v) An alien who is the spouse, intended spouse,

8 child, son, or daughter of a lawful permanent resident liv9 ing abroad is eligible to file a petition under clause (ii),

10 (iii), or (iv) shall file such petition with the Attorney Gen11 eral under the procedures that apply to self-petitioners

12 under such clauses.’’.

13 (6) TREATMENT OF PETITIONS INCLUDING DE14 RIVATIVE CHILDREN TURNING 21 YEARS OF AGE.—

15 Section 204(a)(1) (8 U.S.C. 1154(a)(1)) is

16 amended—

17 (A) by redesignating subparagraphs (C)

18 through (H) as subparagraphs (D) through (I),

19 respectively; and

20 (B) by inserting after subparagraph (B)

21 the following:

22 ‘‘(C)(i)(I) Any derivative child who attains 21 years

23 of age and who is included in a petition described in clause

24 (ii) that was filed or approved before the date on which

25 the child attained 21 years of age shall be considered (if
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1 no visa has been issued to the child by such date) a peti2 tioner for preference status under paragraph (1), (2), or

3 (3) of section 203(a), whichever paragraph is applicable,

4 with the same priority date as that assigned to the petition

5 in any petition described in clause (ii).

6 ‘‘(II) Any individual described in subclause (I) and

7 any derivative child of a petition described in clause (ii)

8 is eligible for deferred action and work authorization.

9 ‘‘(ii) The petition referred to in clause (i) is a petition

10 filed by an alien under subparagraph (A)(iii), (A)(iv),

11 (A)(vi), (B)(ii), (B)(iii), or (B)(iv) in which the child is

12 included as a derivative.’’.

13 (e) ACCESS TO NATURALIZATION FOR DIVORCED

14 VICTIMS OF ABUSE.—Section 319(a) (8 U.S.C. 1430(a))

15 is amended—

16 (1) by inserting ‘‘, and any person who obtained

17 status as a lawful permanent resident by reason of

18 his or her status as a spouse or child of a United

19 States citizen who battered him or her or subjected

20 him or her to extreme cruelty,’’ after ‘‘United

21 States’’ the first place it appears; and

22 (2) by inserting ‘‘(except in the case of a person

23 who has been battered or subjected to extreme cru24 elty by a United States citizen spouse or parent)’’
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1 after ‘‘has been living in marital union with the cit2 izen spouse’’.

3 SEC. 607. IMPROVED ACCESS TO VAWA CANCELLATION OF

4 REMOVAL.

5 (a) CANCELLATION OF REMOVAL AND ADJUSTMENT

6 OF STATUS FOR CERTAIN NONPERMANENT RESI7 DENTS.—Section 240A(b)(2) (8 U.S.C. 1229b(b)(2)) is

8 amended to read as follows:

9 ‘‘(2) SPECIAL RULE FOR BATTERED SPOUSE,

10 PARENT, CHILD, SON, OR DAUGHTER.—

11 ‘‘(A) IN GENERAL.—The Attorney General

12 may cancel removal of, and adjust to the status

13 of an alien lawfully admitted for permanent res14 idence, an alien who is inadmissible or deport15 able from the United States if the alien dem16 onstrates that—

17 ‘‘(i)(I) the alien has been battered or

18 subjected to extreme cruelty in the United

19 States by a spouse, parent, son, or daugh20 ter who is or was a United States citizen

21 (or is the parent of a child of a United

22 States citizen and the child has been bat23 tered or subjected to extreme cruelty in the

24 United States by such citizen parent);
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1 ‘‘(II) the alien has been battered or

2 subjected to extreme cruelty by a spouse or

3 parent who is or was a lawful permanent

4 resident (or is the parent of a child of an

5 alien who is or was a lawful permanent

6 resident and the child has been battered or

7 subjected to extreme cruelty in the United

8 States by such permanent resident parent),

9 or

10 ‘‘(III) the alien has been battered or

11 subjected to extreme cruelty by a United

12 States citizen or lawful permanent resident

13 whom the alien intended to marry, but

14 whose marriage is not legitimate because

15 of that United States citizen’s or lawful

16 permanent resident’s bigamy;

17 ‘‘(ii) the alien has been physically

18 present in the United States for a contin19 uous period of not less than 3 years imme20 diately preceding the date of such applica21 tion (and the issuance of a charging docu22 ment for removal proceedings shall not toll

23 the 3-year period of continuous physical

24 presence in the United States);
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1 ‘‘(iii) the alien has been a person of

2 good moral character during such period;

3 ‘‘(iv) the alien is not inadmissible

4 under paragraph (2) or (3) of section

5 212(a), is not deportable under paragraphs

6 (1)(G) or (2) through (4) of section

7 237(a), and has not been convicted of an

8 aggravated felony, unless the Attorney

9 General waives application of this clause

10 pursuant to section 237(d) or for humani11 tarian purposes, to assure family unity, or

12 when it is otherwise in the public interest;

13 and

14 ‘‘(v) the removal would result in ex15 treme hardship to the alien, the alien’s

16 child, or the alien’s parent.

17 In acting on applications under this paragraph,

18 the Attorney General shall consider any credible

19 evidence relevant to the application. The deter20 mination of what evidence is credible and the

21 weight to be given that evidence shall be within

22 the sole discretion of the Attorney General. For

aliens who entered the country on fiance ́ 23 visas,

24 failure to marry the sponsor, or failure to

25 marry the sponsor within 90 days as required
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1 under section 101(a)(15)(K), shall not bar ac2 cess to relief under this paragraph to aliens

3 who otherwise qualify.

4 ‘‘(B) INCLUSION OF OTHER ALIENS IN

5 CANCELLATION OF REMOVAL APPLICATIONS.—

6 An alien applying for relief under this para7 graph may include—

8 ‘‘(i) the alien’s children, sons, or

9 daughters in the alien’s application and, if

10 the alien is found eligible for cancellation,

11 the Attorney General may adjust the sta12 tus of the alien’s children, sons, daughters;

13 or

14 ‘‘(ii) the alien’s parent or child in the

15 alien child’s (as defined in paragraph (1)

16 or (6) of section 101(b)) application in the

17 case of an application filed by an alien who

18 was abused by a citizen or lawful perma19 nent resident parent and, if the alien child

20 is found eligible for cancellation, the Attor21 ney General may adjust the status of the

22 alien child applicant and the alien child’s

23 parent and child.

24 ‘‘(C) INCLUSION OF OTHER ALIENS IN

25 SUSPENSION OF DEPORTATION APPLICA-
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1 TIONS.—An alien applying for relief under sec2 tion 244(a)(3) (as in effect before the date of

3 the enactment of Illegal Immigration Reform

4 and Immigrant Responsibility Act of 1996) may

5 include—

6 ‘‘(i) the alien’s children, sons, or

7 daughters in the alien’s application and, if

8 the alien is found eligible for suspension,

9 the Attorney General may adjust the sta10 tus of the alien’s children, sons, or daugh11 ters; or

12 ‘‘(ii) the alien’s parent or child in the

13 alien child’s (as defined in paragraph (1)

14 or (6) of section 101(b)) application in the

15 case of an application filed by an alien who

16 was abused by a citizen or lawful perma17 nent resident parent and, if the alien child

18 is found eligible for suspension, the Attor19 ney General may adjust the status of the

20 alien child applicant and the alien child’s

21 parent and child.’’.

22 (b) TREATMENT OF FAMILY MEMBERS.—Section

23 203(d) (8 U.S.C. 1153(d)) is amended—

24 (A) by inserting ‘‘(1)’’ before ‘‘A spouse or

25 child’’; and
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1 (B) by adding at the end the following:

2 ‘‘(2) A spouse, parent, or child as defined in para3 graph (1) or (6) of section 101(b) if not otherwise entitled

4 to an immigrant status and immediate issuance of a visa

5 shall be entitled to attain lawful permanent resident status

6 if their spouse, parent, or child was granted such status

7 pursuant to section 240A(b)(2) or section 244(a)(3) (as

8 in effect before the date of the enactment of Illegal Immi9 gration Reform and Immigrant Responsibility Act of

10 1996) by accompanying or following to join the spouse,

11 child, or parent.’’.

12 SEC. 608. GOOD MORAL CHARACTER DETERMINATIONS.

13 (a) DETERMINATIONS OF GOOD MORAL CHARACTER

14 FOR SELF-PETITIONING IMMEDIATE RELATIVES.—Sec15 tion 204(a)(1)(A) (8 U.S.C. 1154(a)(1)(A)), as amended

16 by sections 606(c) and 603(a)(1), is further amended by

17 adding after clause (viii) at the end the following new

18 clause:

19 ‘‘(ix) For the purposes of making good moral char20 acter determinations under this subparagraph, the Attor21 ney General is not limited by the criminal court record

22 and may make a finding of good moral character notwith23 standing the existence of a disqualifying act or criminal

24 conviction in the case of an alien who otherwise qualifies

25 for relief under clause (iii), (iv), (v), or (vi), but who com-
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1 mitted, was arrested for, has been convicted of, or who

2 pled guilty to—

3 ‘‘(I) violating a court order issued to protect the

4 alien;

5 ‘‘(II) prostitution if the alien was forced into

6 prostitution by an abuser;

7 ‘‘(III) a domestic violence-related crime, if the

8 Attorney General determines that the alien acted in

9 self-defense; or

10 ‘‘(IV) a crime where there was a connection be11 tween the commission of the crime and having been

12 battered or subjected to extreme cruelty.’’.

13 (b) DETERMINATIONS OF GOOD MORAL CHARACTER

14 FOR SELF-PETITIONERS SEEKING SECOND PREFERENCE

15 IMMIGRATION STATUS.—Section 204(a)(1)(B) (8 U.S.C.

16 1154(a)(1)(B)), as amended by sections 606(d) and

17 603(a)(2), is further amended by adding after clause (vi)

18 the following new clause:

19 ‘‘(vii) For the purposes of making good moral char20 acter determinations under this subparagraph, the Attor21 ney General is not limited by the criminal court record

22 and may make a finding of good moral character notwith23 standing the existence of a disqualifying act or criminal

24 conviction in the case of an alien who otherwise qualifies

25 for relief under clause (ii), (iii), or (iv), but who com-
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1 mitted, was arrested for, has been convicted of, or who

2 pled guilty to—

3 ‘‘(I) violating a court order issued to protect the

4 alien;

5 ‘‘(II) prostitution if the alien was forced into

6 prostitution by an abuser;

7 ‘‘(III) a domestic violence-related crime, if the

8 Attorney General determines that the alien acted in

9 self-defense; or

10 ‘‘(IV) a crime where there was a connection be11 tween the commission of the crime and having been

12 battered or subjected to extreme cruelty.’’.

13 (c) DETERMINATIONS OF GOOD MORAL CHARACTER

14 IN VAWA CANCELLATION OF REMOVAL PROCEEDINGS.—

15 Section 240A(b)(2) (8 U.S.C. 1229b(b)(2)), as amended

16 by section 607(a), is further amended by adding at the

17 end the following new subparagraph:

18 ‘‘(D) GOOD MORAL CHARACTER DETER19 MINATIONS.—For the purposes of making good

20 moral character determinations under this sub21 section, the Attorney General is not limited by

22 the criminal court record and may make a find23 ing of good moral character notwithstanding

24 the existence of a disqualifying act or criminal

25 conviction in the case of an alien who has been
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1 battered or subjected to extreme cruelty but

2 who committed, was arrested for, has been con3 victed of, or who pled guilty to—

4 ‘‘(i) violating a court order is sued to

5 protect the alien;

6 ‘‘(ii) prostitution if the alien was

7 forced into prostitution by an abuser;

8 ‘‘(iii) a domestic violence-related crime

9 if the Attorney General determines that

10 the alien acted in self-defense; or

11 ‘‘(iv) committing a crime where there

12 was a connection between the commission

13 of the crime and having been battered or

14 subjected to extreme cruelty.’’.

15 (d) DETERMINATIONS UNDER SUSPENSION OF DE16 PORTATION.—For the purposes of making good moral

17 character determinations under section 244(a)(3) of the

18 Immigration and Nationality Act (as in effect before the

19 enactment of the Illegal Immigration Reform and Immi20 grant Responsibility Act of 1996) (8 U.S.C. 1254(a)(3)),

21 the Attorney General is not limited by the criminal court

22 record and may make a finding of good moral character

23 notwithstanding the existence of a disqualifying act or

24 criminal conviction in the case of an alien who has been

25 battered or subjected to extreme cruelty but who com-
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1 mitted, was arrested for, has been convicted of, or who

2 pled guilty to—

3 (1) violating a court order issued to protect the

4 alien;

5 (2) prostitution if the alien was forced into

6 prostitution by an abuser;

7 (3) a domestic violence-related crime if the At8 torney General determines that the alien acted in

9 self-defense; or

10 (4) committing a crime where there was a con11 nection between the commission of the crime and

12 having been battered or subjected to extreme cru13 elty.

14 SEC. 609. ECONOMIC SECURITY FOR BATTERED IMMI15 GRANT WOMEN.

16 (a) NONAPPLICABILITY OF SPECIAL RULES RELAT17 ING TO THE TREATMENT OF NON-213A ALIENS.—Section

18 408(f)(6) of the Social Security Act (42 U.S.C. 608(f)(6))

19 is amended—

20 (1) in subparagraph (B), by striking ‘‘or’’ at

21 the end;

22 (2) in subparagraph (C), by striking the period

23 and inserting ‘‘; or’’; and

24 (3) by adding at the end the following:
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1 ‘‘(D) described in section 421(f) of the

2 Personal Responsibility and Work Opportunity

3 Reconciliation Act of 1996 (8 U.S.C. 1631(f))

4 but for the fact that the individual is a non5 213A alien.’’.

6 (b) PUBLIC CHARGE.—Section 212(a)(4) (8 U.S.C.

7 1182(a)(4)), as amended by section 341, is further amend8 ed by adding at the end the following new subparagraph:

9 ‘‘(C) EXCEPTION.—The following aliens

10 are not subject to public charge determinations

11 under this paragraph:

12 ‘‘(i) An alien who qualifies for classi13 fication as a spouse, parent, child, son, or

14 daughter of a United States citizen or law15 ful permanent resident under clause (iii),

16 (iv), (v), or (vi) of section 204(a)(1)(A) or

17 clause (ii), (iii), or (iv) of section

18 204(a)(1)(B).

19 ‘‘(ii) An alien who qualifies for classi20 fication under clause (i) or (ii) of section

21 204(a)(1)(A) or section 204(a)(1)(B)(i)

22 and who presents credible evidence of hav23 ing been battered or subjected to extreme

24 cruelty by their United States citizen or

25 lawful permanent resident spouse, parent,
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1 son, or daughter. In the case of alien sons

2 or daughters, one or more incidents of bat3 tering or extreme cruelty must have oc4 curred before the alien turned 21 years of

5 age. This clause shall apply whether or not

6 an affidavit of support has been filed on

7 the alien’s behalf.

8 ‘‘(iii) An alien who qualifies for status

9 as a spouse, parent, child, son, or daughter

10 of a United States citizen or lawful perma11 nent resident, or as a parent of a child of

12 a United States citizen or lawful perma13 nent resident, pursuant to section

14 240A(b)(2) or section 244(a)(3) (as in ef15 fect before the date of enactment of the Il16 legal Immigration Reform and Immigrant

17 Responsibility Act of 1996).

18 ‘‘(iv) Any child (as defined in para19 graph (1) or (6) of section 101(b)) in20 cluded in the application of an alien de21 scribed in clause (i), (ii), or (iii).’’.

22 (c) WAIVER OF FILING FEES.—

23 (1) PETITIONS FOR CLASSIFICATION.—Section

24 204(a)(1) (8 U.S.C. 1154(a)(1)), as amended by
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1 section 606(c), is further amended by adding at the

2 end the following new subparagraph:

3 ‘‘(I) No fee shall be charged for the filing or proc4 essing of any application under clause (iii), (iv), (v), or

5 (vi) of subparagraph (A) or clause (ii), (iii), or (iv) of sub6 paragraph (B), or the first application for work authoriza7 tion filed by an applicant under such a clause.’’.

8 (2) CANCELLATIONS OF REMOVAL.—Section

9 240A(b)(2) (8 U.S.C. 1229b), as amended by sec10 tions 607(a) and 608(c), is further amended by add11 ing at the end the following new subparagraph:

12 ‘‘(E) PROHIBITION OF CHARGING FEES.—

13 No fee shall be charged for the filing or proc14 essing of any application under this paragraph

15 or the first application for work authorization

16 filed by applicants under this paragraph.’’.

17 (3) SUSPENSION OF DEPORTATION.—No fee

18 shall be charged for the filing or processing of any

19 application under section 244(a)(3) of the Immigra20 tion and Nationality Act (as in effect before the date

21 of enactment of the Illegal Immigration Reform and

22 Immigrant Responsibility Act of 1996) (8 U.S.C.

23 1254(a)(3)), or the first application for work author24 ization filed by applicants under such section.
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1 (d) ACCESS TO FOOD STAMPS AND SSI FOR QUALI2 FIED BATTERED ALIENS.—Section 402(a)(2) of the Per3 sonal Responsibility and Work Opportunity Reconciliation

4 Act of 1996 (8 U.S.C. 1612(a)(2)) is amended by adding

5 at the end the following:

6 ‘‘(L) EXCEPTION FOR CERTAIN BATTERED

7 ALIENS.—With respect to eligibility for benefits

8 for the specified Federal program (as defined in

9 paragraph (3)), paragraph (1) shall not apply

10 to any individual described in section 431(c).’’.

11 (e) EXEMPTION FROM 5-YEAR BAN.—Section 403(b)

12 of the Personal Responsibility and Work Opportunity Act

13 of 1996 (8 U.S.C. 1613(b)) is amended by adding at the

14 end the following:

15 ‘‘(3) BATTERED IMMIGRANTS.—An alien de16 scribed in section 431(c).’’.

17 (f) ACCESS TO HOUSING FOR BATTERED WOMEN

18 AND QUALIFIED IMMIGRANTS.—(1) Section 214 of the

19 Housing and Community Development Act of 1980 (42

20 U.S.C. 1436a) is amended—

21 (A) in subsection (a), in the matter before para22 graph (1), by striking ‘‘a resident of the United

23 States and is’’;
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1 (B) in paragraphs (1) through (6) of subsection

2 (a), by inserting ‘‘a resident of the United States

3 and is’’ before ‘‘an alien’’ each place it appears;

4 (C) in subsection (a)(5), by striking ‘‘or’’ at the

5 end;

6 (D) in subsection (a)(6), by striking the period

7 and inserting ‘‘; or’’;

8 (E) by adding at the end of subsection (a) the

9 following new paragraph:

10 ‘‘(7) a qualified alien as described in section

11 431 of the Personal Responsibility and Work Oppor12 tunity Reconciliation Act of 1996 (8 U.S.C. 1641).’’;

13 (F) in subsection (b)(2), by adding at the end

14 the following: ‘‘Proration shall not apply in the case

15 of a qualified alien as described in section 431 of the

16 Personal Responsibility and Work Opportunity Rec17 onciliation Act of 1996 (8 U.S.C. 1641).’’;

18 (G) in subsection (c)(1)(A), by adding at the

19 end the following: ‘‘Proration shall not apply in the

20 case of a qualified alien as described in section 431

21 of the Personal Responsibility and Work Oppor22 tunity Reconciliation Act of 1996 (8 U.S.C. 1641).’’;

23 (H) in subsection (c)(1)(A), by striking ‘‘para24 graphs (1) through (6)’’ and inserting ‘‘paragraphs

25 (1) through (7)’’;
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1 (I) in subsection (c)(2)(A), by inserting ‘‘(other

2 than a qualified alien as described in section 431(c)

3 of the Personal Responsibility and Work Oppor4 tunity Reconciliation Act of 1996 (8 U.S.C.

5 1641(c)))’’ after ‘‘any alien’’; and

6 (J) in subsection (d)(1)(B), by inserting before

7 the period ‘‘, including a qualified alien as described

8 in section 431 of the Personal Responsibility and

9 Work Opportunity Reconciliation Act of 1996 (8

10 U.S.C. 1641)’’.

11 (2) Section 401 of the Personal Responsibility and

12 Work Opportunity Reconciliation Act of 1996 (8 U.S.C.

13 1611) is amended by adding at the end the following new

14 subsection:

15 ‘‘(d) ACCESS TO SHELTER AND SERVICES FOR BAT16 TERED IMMIGRANTS.—Notwithstanding any other provi17 sion of law, no private, government, or nonprofit organiza18 tion providing shelter or services to battered women,

19 abused children, or providing any other services listed in

20 subsection (b) that receives any Federal funds shall deny,

21 restrict, or condition assistance to any applicant based on

22 alienage.’’.

23 (g) CLARIFYING WELFARE REPORTING REQUIRE24 MENTS FOR BENEFIT APPLICANTS.—The Social Security

25 Act (42 U.S.C. 301 et seq.) is amended—
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1 (1) in section 411(a)(1) (42 U.S.C. 611(a)(1)),

2 by adding at the end the following new subpara3 graph:

4 ‘‘(C) INFORMATION ON IMMIGRATION STA5 TUS.—Collection of information about, and in6 quiries into, the immigration status of an indi7 vidual who is a parent applying on behalf of his

8 or her child who is a United States citizen or

9 a qualified alien (as defined in section 431 of

10 the Personal Responsibility and Work Oppor11 tunity Reconciliation Act of 1996) for assist12 ance under the State program funded under

13 this part, shall not be made if the individual is

14 not applying for benefits for themselves, wheth15 er or not the individual is determined, under

16 Federal or State law, to be part of a family unit

17 receiving assistance under that program.’’; and

18 (2) in section 1631(e)(9) (42 U.S.C.

19 1383(e)(9)), by adding at the end the following:

20 ‘‘Collection of information about, and inquiries into,

21 the immigration status of an individual who is a par22 ent applying on behalf of his or her child who is a

23 United States citizen or a qualified alien (as defined

24 in section 431 of the Personal Responsibility and

25 Work Opportunity Reconciliation Act of 1996) for
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1 benefits under this title (or for benefits supple2 mented by a State with an agreement under section

3 1616), shall not be made if the individual is not ap4 plying for benefits for themselves, whether or not the

5 individual is determined, under Federal or State law,

6 to be part of a family unit receiving such benefits.’’.

7 (h) CONFORMING DEFINITION OF ‘‘FAMILY’’ USED

8 IN LAWS GRANTING WELFARE ACCESS FOR BATTERED

9 IMMIGRANTS TO STATE FAMILY LAW.—Section 431(c) of

10 the Personal Responsibility and Work Opportunity Rec11 onciliation Act of 1996 (8 U.S.C. 1641(c)) is amended—

12 (1) in paragraph (1)(A), by striking ‘‘by a

13 spouse or a parent, or by a member of the spouse

14 or parent’s family residing in the same household as

15 the alien and the spouse or parent consented to, or

16 acquiesced in, such battery or cruelty,’’ and insert17 ing ‘‘by a spouse or parent, or by any individual hav18 ing a relationship with the alien covered by the civil

19 or criminal domestic violence statutes of the State or

20 Indian country where the alien resides, or the State

21 or Indian country in which the alien, the alien’s

22 child, or the alien child’s parents received a protec23 tion order, or by any individual against whom the

24 alien could obtain a protection order,’’; and
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1 (2) in paragraph (2)(A), by striking ‘‘by a

2 spouse or parent of the alien (without the active par3 ticipation of the alien in the battery or cruelty), or

4 by a member of the spouse or parent’s family resid5 ing in the same household as the alien and the

6 spouse or parent consented or acquiesced to such

7 battery or cruelty,’’ and inserting ‘‘by a spouse or

8 parent of the alien (without the active participation

9 of the alien in the battery or cruelty) or by any per10 son having a relationship with the alien covered by

11 the civil or criminal domestic violence statutes of the

12 State or Indian country where the alien resides, or

13 the State or Indian country in which the alien, the

14 alien’s child or the alien child’s parent received a

15 protection order, or by any individual against whom

16 the alien could obtain a protection order,’’.

17 (i) EXPANSION OF DEFINITION OF BATTERED IMMI18 GRANTS.—

19 (1) IN GENERAL.—Section 431(c) of the Per20 sonal Responsibility and Work Opportunity Rec21 onciliation Act of 1996 (8 U.S.C. 1641(c)) is

22 amended—

23 (A) in paragraphs (1)(A), (2)(A), and

24 (3)(A) by inserting ‘‘or the benefits to be pro25 vided would alleviate the harm from such bat-
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1 tery or cruelty or would enable the alien to

2 avoid such battery or cruelty in the future’’ be3 fore the semicolon; and

4 (B) in the matter following paragraph (3),

5 by inserting ‘‘and for determining whether the

6 benefits to be provided under a specific Federal,

7 State, or local program would alleviate the

8 harm from such battery or extreme cruelty or

9 would enable the alien to avoid such battery or

10 extreme cruelty in the future’’ before the pe11 riod.

12 (2) CONFORMING AMENDMENT REGARDING

13 SPONSOR DEEMING.—Section 421(f) of such Act (8

14 U.S.C. 1631(f)(1)) is amended—

15 (A) in subparagraph (A), by inserting ‘‘or

16 would alleviate the harm from such battery or

17 extreme cruelty, or would enable the alien to

18 avoid such battery or extreme cruelty in the fu19 ture’’ before the semicolon; and

20 (B) in subparagraph (B), by inserting ‘‘or

21 would alleviate the harm from such battery or

22 extreme cruelty, or would enable the alien to

23 avoid such battery or extreme cruelty in the fu24 ture’’ before the period.
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1 (j) ENSURING THAT BATTERED IMMIGRANTS HAVE

2 ACCESS TO FOOD STAMPS AND SSI.—

3 (1) QUALIFYING QUARTERS.—Section 435(2) of

4 the Personal Responsibility and Work Opportunity

5 Reconciliation Act of 1996 (8 U.S.C. 1645(2)) is

6 amended by striking ‘‘and the alien remains married

7 to such spouse or such spouse is deceased’’ and in8 serting ‘‘if such spouse is deceased or if the alien re9 mains married to such spouse (except that qualified

10 aliens covered by section 431(c) may continue after

11 divorce to count the qualifying quarters worked by

12 their spouse during the marriage)’’.

13 (2) FOOD STAMPS ACCESS FOR BATTERED IM14 MIGRANT QUALIFIED ALIENS AND THEIR CHIL15 DREN.—Section 7 of the Food Stamp Act of 1977

16 (7 U.S.C. 2016) is amended by adding at the end

17 the following:

18 ‘‘(k) BATTERED IMMIGRANT QUALIFIED ALIEN ELI19 GIBILITY FOR FOOD STAMPS.—Qualified alien battered

20 immigrants under section 431(c) of the Personal Respon21 sibility and Work Opportunity Reconciliation Act of 1996

22 and their children are eligible to receive food stamps.’’.

23 (k) TECHNICAL CORRECTIONS TO QUALIFIED ALIEN

24 DEFINITION FOR BATTERED IMMIGRANTS.—Section

25 431(c)(1)(B) of the Personal Responsibility and Work Op-
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1 portunity Reconciliation Act of 1996 (8 U.S.C.

2 1641(c)(1)(B)) is amended—

3 (1) in clause (i), by striking ‘‘clause (ii), (iii),

4 or (iv)’’ and inserting ‘‘clause (ii), (iii), (iv), (v), or

5 (vi)’’;

6 (2) in clause (ii), by striking ‘‘clause (ii) or

7 (iii)’’ and inserting ‘‘clause (i), (ii), (iii), or (iv)’’;

8 and

9 (3) by amending clause (iii) to read as follows:

10 ‘‘(iii) suspension of deportation under

11 section 244(a)(3) of the Immigration and

12 Nationality Act (as in effect before the

13 date of the enactment of the Illegal Immi14 gration Reform and Immigrant Responsi15 bility Act of 1996).’’.

16 SEC. 610. ACCESS TO LEGAL REPRESENTATION AND SERV17 ICES FOR BATTERED IMMIGRANTS.

18 (a) CONSTRUCTION.—Section 502 of the Depart19 ments of Commerce, Justice, and State, the Judiciary and

20 Related Agencies Appropriations Act, 1998 (Public Law

21 105–119; 111 Stat. 2511) is amended by adding at the

22 end the following:

23 ‘‘(c) CONSTRUCTION.—This section shall not be con24 strued to prohibit a recipient from—
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1 ‘‘(1) using funds derived from a source other

2 than the Legal Services Corporation to provide re3 lated legal assistance (as that term is defined in sub4 section (b)(2)) to any alien who has been battered

5 or subjected to extreme cruelty by a person with

6 whom the alien has a relationship covered by the do7 mestic violence laws of the State in which the alien

8 resides or in which an incidence of violence occurred;

9 ‘‘(2) using Legal Services Corporation funds to

10 provide related legal assistance to any alien who has

11 been battered or subjected to extreme cruelty who

12 qualifies for classification under clause (iii), (iv), (v),

13 or (vi) of section 204(a)(1)(A) of the Immigration

14 and Nationality Act (8 U.S.C. 1154(a)(1)(A)),

15 clause (ii), (iii), or (iv) of section 204(a)(1)(B) of

16 such Act (8 U.S.C. 1154(a)(1)(B)), or subsection

17 (b)(2) of section 240A of such Act (8 U.S.C. 1229b)

18 or section 244(a)(3) of the Immigration and Nation19 ality Act (as in effect before the title III–A effective

20 date in section 309 of the Illegal Immigration Re21 form and Immigrant Responsibility Act of 1996 (8

22 U.S.C. 1101 note).’’.

23 (b) LAW ENFORCEMENT AND PROSECUTION

24 GRANTS.—
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1 (1) Section 2001(b)(5) of the Omnibus Crime

2 Control and Safe Streets Act of 1968 (42 U.S.C.

3 3796bb(b)(5)) is amended—

4 (A) by striking ‘‘to racial, cultural, ethnic,

5 and language minorities’’ and inserting ‘‘to un6 derserved populations’’; and

7 (B) by inserting ‘‘providing immigration

8 assistance to victims of domestic violence,’’

9 after ‘‘protection orders are granted,’’.

10 (2) Section 2002 of such Act (42 U.S.C.

11 3796gg) is amended—

12 (A) in subsection (h)(1), by inserting be13 fore the period the following: ‘‘, the demo14 graphics of underserved populations in the

15 State and details about the percentage of fund16 ing that went to serve which underserved popu17 lations, the programs that received such fund18 ing, and the involvement of programs serving

19 underserved populations in the development of

20 the State plan under subsection (c)(2)’’;

21 (B) in subsection (d)(1)(D), by striking

22 ‘‘age, marital status, disability, race, ethnicity

23 and language background’’ and inserting ‘‘mar24 ital status and characteristics of any under25 served populations’’;
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1 (C) in subsection (d)—

2 (i) by striking ‘‘and’’ at the end of

3 paragraph (2),

4 (ii) by striking the period at the end

5 of paragraph (3) and inserting ‘‘; and’’,

6 and

7 (iii) by adding at the end the fol8 lowing:

9 ‘‘(4) in the case of a State, Indian tribal gov10 ernment, or unit of local governments applying as

11 subgrantee for a grant under this section, a certifi12 cation that its laws or official policies comply with

13 each of the provisions of section 2101(c).

14 The requirements of paragraph (4) do not apply to a non15 profit, nongovernmental entity that is applying for grants

16 under this section.’’; and

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

18 subsection:

19 ‘‘(i) REPORT ON SERVICES FOR UNDERSERVED POP20 ULATIONS.—The Violence Against Women Grants Office

21 in the Department of Justice shall submit to Congress,

22 not later than 1 year after the date of the enactment of

23 this subsection, a report that contains the following infor24 mation:
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1 ‘‘(1) The quantity and percentage of funding

2 awarded to serve underserved populations by each

3 State under each of the following:

4 ‘‘(A) Grants to combat violent crimes

5 against women under section 2001.

6 ‘‘(B) Grants to encourage arrest under sec7 tion 2101.

8 ‘‘(C) Rural domestic violence and child

9 abuse enforcement assistance grants under sec10 tion 40295(a)(2) of the Violent Crime Control

11 and Law Enforcement Act of 1994 (Public Law

12 103–322, 42 U.S.C. 13971(a)(2)).

13 ‘‘(D) Civil legal assistance grants under

14 title I of the Department of Justice Appropria15 tions Act, 1999.

16 ‘‘(E) Campus domestic violence grants

17 under section 826 of the Higher Education

18 Amendment Act of 1998 (Public Law 105–244;

19 20 U.S.C. 1152).

20 ‘‘(2) The percentage of each underserved popu21 lation in the demographic make up of each State

22 compared to the amount of funding aimed at ad23 dressing the needs of that underserved population.

24 ‘‘(3) The extent to which grants to provide

25 services to underserved populations are awarded to
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1 programs with experience and history working with

2 underserved populations of battered women or sexual

3 assault victims, to programs that have bilingual or

4 bicultural staff, and to collaborations between do5 mestic violence or sexual assault programs and pro6 grams experienced in serving particular underserved

7 populations and to other grantees.

8 ‘‘(4) The extent to which nonprofit, nongovern9 mental victim service organizations with experience

10 serving various underserved populations of battered

11 women and sexual assault or stalking victims were

12 consulted in the development of the State plan under

13 section 2001(c)(2), the application under section

14 2102(a)(4), or the community cooperation referred

15 to in section 40295(a)(3) of the Violent Crime Con16 trol and Law Enforcement Act of 1994 (Public Law

17 103–322, 42 U.S.C. 13971(a)(3)).’’.

18 (3) Section 2003(7) of such Act (42 U.S.C.

19 3796gg–2(7)) is amended to read as follows:

20 ‘‘(7) the term ‘underserved populations’ in21 cludes populations underserved because of race, eth22 nicity, age, disability, sexual orientation, religion,

23 alienage status, geographic location (including rural

24 isolation), language barriers, and any other popu-
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1 lations determined to be underserved in the State

2 planning process; and’’.

3 (4) Section 2004(b)(3) of such Act (42 U.S.C.

4 3796gg–3(b)(3)) is amended by striking all that fol5 lows ‘‘relationship of victim to the offender’’ and in6 serting ‘‘and the membership of persons served in

7 any underserved populations; and’’.

8 (c) GRANTS TO ENCOURAGE ARRESTS.—

9 (1) Section 2101 of the Omnibus Crime Control

10 and Safe Streets Act of 1968 (42 U.S.C. 3796hh)

11 is amended—

12 (A) in subsection (b)(5), by inserting be13 fore the period the following: ‘‘, including

14 strengthening legal advocacy for domestic vio15 lence victims in immigration cases’’;

16 (B) in subsection (c)—

17 (i) by striking ‘‘and’’ at the end of

18 paragraph (3);

19 (ii) by striking the period at the end

20 of paragraph (4) and inserting a semi21 colon; and

22 (iii) by adding at the end the fol23 lowing new paragraphs:

24 ‘‘(5) certify that their laws, policies, and prac25 tices require issuance of protection orders that are
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1 jurisdictionally sound and that all protection orders

2 are issued after a finding, after an admission by the

3 abuser, or based on the facts in the victim’s petition

4 that are uncontested by the abuser; and

5 ‘‘(6) certify that their laws, policies, and

6 practices—

7 ‘‘(A) keep locational information and serv8 ices provided to victims of domestic violence

9 confidential and comply with all State and Fed10 eral laws and rules of professional practice re11 garding confidentiality;

12 ‘‘(B) guarantee that information is not re13 leased to any person without the express per14 mission of the abuse victim, except when such

15 information is required for a legitimate law en16 forcement purpose unrelated to the victim’s

17 abuser; and

18 ‘‘(C) assure that locational information

19 about a victim or the services obtained by a vic20 tim are not considered a matter of public

21 record.’’; and

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

23 subsection:

24 ‘‘(d) ADDITIONAL PROVISIONS.—(1) The require25 ments of subsection (c) do not apply to nonprofit, non-
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1 governmental entities applying for grants under this sec2 tion.

3 ‘‘(2) All grantees and subgrantees of grants in effect

4 on the date of the enactment of this subsection or submit5 ting new applications for funding after such date that are

6 States, Indian tribal governments, or units of local govern7 ment shall submit a certification by the chief executive of8 ficer of the State, tribal government, or local government

9 entity that the conditions of subsections (c)(5) and (c)(6)

10 are met (or will be met) not later than the date on which

11 the next session of the State or Indian tribal legislature

12 ends, but in no case later than 2 years after such date

13 of enactment.

14 ‘‘(3) Failure by a grantee to comply with the certifi15 cations contained in paragraphs (1) thorough (6) of sub16 section (c) may result in suspension or revocation of fund17 ing. Once a grantee or subgrantee has been notified that

18 its funding will be revoked, they shall be granted 6 months

19 to bring their laws, policies, or practices into compliance

20 before the revocation takes effect. Any funds that are not

21 distributed to grantees or are removed from grantees

22 under this paragraph shall be distributed to other eligible

23 entities within the State. For grants under section 2002,

24 the funds are to be redistributed first to entities within

25 the same formula category and then, if there are no eligi-
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1 ble entities within the same formula category, to other eli2 gible entities without regard to the formula.’’.

3 (2) Section 2103 of such Act (42 U.S.C.

4 3796hh–2) is amended by adding at the end the fol5 lowing: ‘‘Each report shall include information about

6 the demographics of underserved populations in the

7 State and details about the percentage of funding

8 that went to serve which underserved populations,

9 the programs that received such funding, and the in10 volvement of programs serving underserved popu11 lations in the community participation described in

12 section 2102(a)(4).’’.

13 (d) RURAL DOMESTIC VIOLENCE AND CHILD ABUSE

14 ENFORCEMENT GRANTS.—Section 40295 of the Violent

15 Crime Control and Law Enforcement Act of 1994 (Public

16 Law 103–322, 108 Stat. 1953, 42 U.S.C. 13971(aa)(2))

17 is amended—

18 (1) by amending subsection (a)(2) to read as

19 follows:

20 ‘‘(2) to provide treatment, counseling, and legal

21 assistance to victims of domestic violence and child

22 abuse, including assistance to victims in immigration

23 matters; and’’; and

24 (2) by adding at the end the following new sub25 sections:
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1 ‘‘(d) APPLICATION REQUIREMENTS.—States, Indian

2 tribal governments, and units of local government apply3 ing for grants under this section must certify that their

4 laws, policies, and practices comply with each of the provi5 sions of section 2101(c) of the Omnibus Crime Control

6 and Safe Streets Act of 1968 (42 U.S.C. 3796hh(c)).

7 ‘‘(e) GRANTEE REPORTING.—Upon completion of the

8 grant period under this part, a State or Indian tribal

9 grantee shall file a performance report with the Attorney

10 General. The report shall explain the activities carried out

11 and shall evaluate the effectiveness of projects developed

12 with the funds provided under the grant. The report shall

13 include information about the demographics of under14 served populations in the State and details about the per15 centage of funding that went to serve which underserved

16 populations, the programs that received such funding, and

17 the involvement of programs serving underserved popu18 lations in the community cooperation in subsection

19 (a)(3).’’,

20 (e) FAMILY VIOLENCE PREVENTION AND SERVICES

21 ACT.—

22 (1) Section 303(a)(2)(C) of the Family Violence

23 Prevention and Services Act (42 U.S.C.

24 10402(c)(2)(C)) is amended by striking ‘‘populations

25 underserved because of ethnic, racial, cultural, lan-
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1 guage diversity or geographic isolation’’ and insert2 ing ‘‘populations underserved because of race, eth3 nicity, age, disability, sexual orientation, religion,

4 alienage status, geographic location (including rural

5 isolation), language barriers, and any other popu6 lations determined to be underserved’’.

7 (2) Section 311(a)(4) of such Act (42 U.S.C.

8 10410(a)(4)) is amended by striking ‘‘underserved

9 racial, ethnic or language-minority populations’’ and

10 inserting ‘‘underserved populations as the term is

11 used in section 303(a)(2)(C)’’.

12 (3) Section 303(a)(4) of such Act (42 U.S.C.

13 10402(a)(4)) is amended by inserting after the first

14 sentence the following: ‘‘This performance report

15 shall include information about the demographics of

16 underserved populations in the State and details

17 about the percentage of funding that went to serve

18 which underserved populations, the programs that

19 received such funding, and the involvement of pro20 grams serving underserved populations in the proce21 dures described in subsection (a)(2)(C).’’.

22 (4) Section 303 of such Act (42 U.S.C. 10402)

23 is further amended by adding at the end the fol24 lowing new subsection:
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1 ‘‘(g) The Secretary shall submit to Congress, not

2 later than 1 year after the date of the enactment of this

3 subsection, a report that contains the following informa4 tion:

5 ‘‘(1) The quantity and percentage of funding

6 awarded to serve underserved populations by each

7 State under programs funded under this Act.

8 ‘‘(2) The percentage of each underserved popu9 lation in the demographic make up of each State

10 compared to the amount of funding aimed at ad11 dressing the needs of that underserved population.

12 ‘‘(3) The extent to which grants to provide

13 services to underserved populations are awarded to

14 programs with experience and history working with

15 underserved populations of battered women or sexual

16 assault victims, to programs that have bilingual or

17 bicultural staff, and to collaborations between do18 mestic violence or sexual assault programs and pro19 grams experienced in serving particular underserved

20 populations and to other grantees.

21 ‘‘(4) The extent to which nonprofit, nongovern22 mental victim service organizations with experience

23 serving various underserved populations of battered

24 women and sexual assault or stalking victims were
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1 involved in the procedures described in subsection

2 (a)(2)(C).’’.

3 (f) CIVIL LEGAL ASSISTANCE.—Title I of the De4 partment of Justice Appropriations Act, 1999 (contained

5 within the Omnibus Consolidated and Emergency Supple6 mental Appropriations Act of 1999 (Public Law 105–

7 277)) is amended, under the heading of ‘‘Office of Justice

8 Programs, State and Local Law Enforcement Assistance’’,

9 by striking the period at the end and inserting the fol10 lowing: ‘‘, of which $206,750,000 shall be available for

11 Grants to Combat Violence Against Women, to States,

12 units of local government, and Indian tribal governments,

13 as authorized by section 1001(a)(18) of said Act, includ14 ing $23,000,000 which shall be used exclusively for the

15 purpose of strengthening civil legal assistance programs

16 for victims of domestic violence. Civil legal assistance

17 under this heading includes (but is not limited to) legal

18 assistance to victims of domestic violence, stalking or sex19 ual assault in divorce, custody, child support, protection

20 orders, immigration, public benefits, housing, consumer

21 law and any other legal matter that will further the health,

22 safety, and economic well-being of victims of domestic vio23 lence, stalking, or sexual assault.’’.
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1 (g) CAMPUS DOMESTIC VIOLENCE GRANTS.—Section

2 826 of the Higher Education Amendments of 1998 (Pub3 lic Law 105–244; 20 U.S.C. 1152) is amended—

4 (1) in subsection (b)(5), by inserting before the

5 period at the end the following: ‘‘, including legal as6 sistance to victims in civil, criminal, administrative,

7 immigration, or disciplinary matters’’; and

8 (2) in subsection (c)(2)(C), by striking ‘‘and

9 number of students’’ and inserting ‘‘number of stu10 dents, and services being offered to various under11 served populations (as such term is defined in sec12 tion 2003(7) of the Omnibus Crime Control and

13 Safe Streets Act of 1968);’’.

14 (h) STATE JUSTICE INSTITUTE GRANTS.—Section

15 206(c) of the State Justice Institute Act of 1984 (42

16 U.S.C. 10705(c)) is amended—

17 (1) by redesignating paragraph (15) as para18 graph (16); and

19 (2) by inserting after paragraph (14) the fol20 lowing new paragraph:

21 ‘‘(15) to support studies and investigate and

22 carry out research on issues of battering and ex23 treme cruelty against non-citizens, including the

24 ramifications of the immigration provisions of the

25 Violence Against Women Act of 1994 and subse-
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1 quent immigration law reforms on the ability of vic2 tims to access civil, family, and criminal courts and

3 the immigration consequences of civil, family, and

4 criminal court actions; and’’.

5 SEC. 611. VIOLENCE AGAINST WOMEN ACT TRAINING FOR

6 INS OFFICERS, IMMIGRATION JUDGES, AND

7 CIVIL AND CRIMINAL COURT JUSTICE SYS8 TEM PERSONNEL.

9 (a) VIOLENCE AGAINST WOMEN.—

10 (1) MILITARY TRAINING CONCERNING DOMES11 TIC VIOLENCE.—The Omnibus Crime Control and

12 Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.)

13 is amended by inserting after section 2006 (42

14 U.S.C. 3796gg–5) the following new section:

15 ‘‘SEC. 2007. MILITARY TRAINING CONCERNING DOMESTIC

16 VIOLENCE.

17 ‘‘Each branch of the United States military is re18 quired to train its supervisory military officers on domestic

19 violence, the dynamics of domestic violence in military

20 families, the types of protection available for battered im21 migrant women and children abused by their United

22 States citizen or lawful permanent resident spouse or par23 ent under the Violence Against Women Act of 1994, and

24 the problems of domestic violence in families in which a

25 United States citizen or lawful permanent resident mem-
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1 ber of the military is married to a non-United States cit2 izen.’’.

3 (2) INS TRAINING.—Section 2001 of the Omni4 bus Crime Control and Safe Streets Act of 1968 (42

5 U.S.C. 3795gg) is amended—

6 (A) in subsection (a), by inserting ‘‘the Im7 migration and Naturalization Service and the

8 Executive Office of Immigration Review,’’ after

9 ‘‘Indian tribal governments,’’;

10 (B) in subsection (b)(1), by inserting ‘‘,

11 immigration and asylum officers, immigration

12 judges,’’ after ‘‘law enforcement officers’’; and

13 (C) in subsection (b)—

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

15 paragraph (6),

16 (ii) by striking the period at the end

17 of paragraph (7) and inserting ‘‘; and’’,

18 and

19 (iii) by adding at the end the fol20 lowing new paragraph:

21 ‘‘(8) training justice system personnel on the

22 immigration provisions of the Violence Against

23 Women Act of 1994 and their ramifications for vic24 tims of domestic violence appearing in civil and

25 criminal court proceedings and potential immigra-
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1 tion consequences for the perpetrators of domestic

2 violence.’’.

3 (b) EFFECT ON OTHER GOALS.—Section 287(g) (8

4 U.S.C. 1357(g)) is amended by adding at the end the fol5 lowing:

6 ‘‘(11) Congress finds that public policy favors encour7 aging the prosecution of criminals; and therefore, nothing

8 in this section may be construed to discourage crime vic9 tims, including domestic violence victims, from cooper10 ating with law enforcement officials and prosecutors, in11 cluding reporting of crimes committed against them to po12 lice, from cooperating in criminal prosecutions, or from

13 seeking from courts protection orders or other legal relief

14 available under State or Federal laws needed to protect

15 crime victims from ongoing violence.’’.

16 (c) REPORT.—Not later than 6 months after the date

17 of the enactment of this Act, the Attorney General shall

18 submit a report to the Committees on the Judiciary of

19 the Senate and House of Representatives on—

20 (1) the number of and processing times for pe21 titions under clauses (iii) and (iv) of section

22 204(a)(1)(A) of the Immigration and Nationality

23 Act (8 U.S.C. 1154(a)(1)(A)) and under clauses (ii)

24 and (iii) of section 204(a)(1)(B) of such Act (8

25 U.S.C. 1154(a)(1)(B)) at district offices of the Im-
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1 migration and Naturalization Service and at the re2 gional office of the Service in St. Albans, Vermont;

3 (2) the policy and procedures of the Immigra4 tion and Naturalization Service by which an alien

5 who has been battered or subjected to extreme cru6 elty who is eligible for suspension of deportation or

7 cancellation of removal can place such alien in de8 portation or removal proceedings so that such alien

9 may apply for suspension of deportation or cancella10 tion of removal, the number of requests filed at each

11 district office under this policy, and the number of

12 these requests granted, reported separately for each

13 district; and

14 (3) the average length of time at each Immigra15 tion and Naturalization office between the date that

16 an alien who has been subject to battering or ex17 treme cruelty eligible for suspension of deportation

18 or cancellation of removal requests to be placed in

19 deportation or removal proceedings and the date

20 that immigrant appears before an immigration judge

21 to file an application for suspension of deportation

22 or cancellation of removal.

23 SEC. 612. PROTECTION FOR CERTAIN CRIME VICTIMS IN24 CLUDING CRIMES AGAINST WOMEN.

25 (a) FINDINGS AND PURPOSE.—
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1 (1) FINDINGS.—

2 (A) Trafficking of humans, particularly

3 women and children, is denounced by the inter4 national community as an egregious human

5 rights violation perpetuated increasingly by or6 ganized and sophisticated criminal enterprises.

7 (B) Trafficking to place persons in forced

8 labor, servitude, or in slavery-like conditions

9 has been identified as a multinational crime

10 problem of growing severity with increasing ties

11 to internal organized crime. Traffickers recruit

12 and transport persons, especially women and

13 children, to the United States in order to ex14 ploit them under horrific conditions through the

15 use of force, violence, debt bondage, or other co16 ercive tactics.

17 (C) Similarly, immigrant women and chil18 dren are often targeted to be victims of crimes

19 committed against them in the United States,

20 including rape, torture, incest, battery or ex21 treme cruelty, sexual assault, female genital

22 mutilation, forced prostitution, being held hos23 tage or other violent crimes. All women and

24 children who are victims of trafficking, domestic

25 violence, sexual assault, being held hostage, and
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1 other human rights violations committed

2 against them in the United States must be able

3 to report these crimes to law enforcement and

4 fully participate in the criminal prosecution of

5 their abusers.

6 (2) PURPOSE.—

7 (A) The purpose of this section is to create

8 a new nonimmigrant visa classification that will

9 strengthen the ability of law enforcement agen10 cies to detect, investigate, and prosecute cases

11 of trafficking of aliens, while offering protection

12 to victims of such offenses in keeping with the

13 humanitarian interests of the United States.

14 (B) Creating a new nonimmigrant visa

15 classification will facilitate the reporting of vio16 lations to law enforcement officials by exploited

17 aliens who are not in a lawful immigration sta18 tus. It also gives law enforcement officials a

19 means to regularize the status of cooperating

20 individuals during investigations, prosecutions,

21 and civil law enforcement proceedings. By pro22 viding temporary legal status to aliens who have

23 been severely victimized by trafficking or simi24 lar egregious offenses, it also reflects the hu25 manitarian interests of the United States.
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1 (C) Finally, this section gives the Attorney

2 General discretion to convert such non3 immigrants to permanent resident status when

4 it is justified on humanitarian grounds, to as5 sure family unity, or when it is otherwise in the

6 public interest.

7 (b) ESTABLISHMENT OF HUMANITARIAN/MATERIAL

8 WITNESS NONIMMIGRANT CLASSIFICATION.—Section

9 101(a)(15) (8 U.S.C. 1101(a)(15)), as amended by section

10 301(a), is further amended—

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

12 (S);

13 (2) by striking the period at the end of sub14 paragraph (T) and inserting ‘‘; or’’; and

15 (3) by adding at the end the following new sub16 paragraph:

17 ‘‘(U) subject to section 214(o), an alien (and

18 the spouse, children, and parents of the alien if ac19 companying or following to join the alien) who files

20 an application for status under this subparagraph, if

21 the Attorney General determines that—

22 ‘‘(i) the alien possesses material informa23 tion concerning criminal or other unlawful ac24 tivity;
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1 ‘‘(ii) the alien is willing to supply or has

2 supplied such information to Federal or State

3 law enforcement officials or a Federal or State

4 administrative agency investigating or bringing

5 an enforcement action;

6 ‘‘(iii) the alien would be helpful, were the

7 alien to remain in the United States, to a Fed8 eral or State investigation or prosecution of

9 criminal or other unlawful activity; and

10 ‘‘(iv) the alien (or a child of the alien) has

11 suffered substantial physical or mental abuse as

12 a result of the criminal or other unlawful activ13 ity.’’.

14 (c) CONDITIONS FOR ADMISSION.—

15 (1) NUMERICAL LIMITATIONS, PERIOD OF AD16 MISSION, ETC.—Section 214 (8 U.S.C. 1184), as

17 amended by section 132, is further amended by add18 ing at the end the following new subsection:

19 ‘‘(o)(1) The number of aliens who may be provided

20 a visa as nonimmigrants under section 101(a)(15)(U) in

21 any fiscal year may not exceed 2,000.

22 ‘‘(2) The period of admission of an alien as such a

23 nonimmigrant may not exceed 3 years and such period

24 may not be extended.
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1 ‘‘(3) As a condition for the admission (or the provi2 sion of status), and continued stay in lawful status, of an

3 alien as such a nonimmigrant, the alien—

4 ‘‘(A) may not be convicted of any criminal of5 fense punishable by a term of imprisonment of 1

6 year or more after the date of such admission (or

7 obtaining such status); and

8 ‘‘(B) shall abide by any other condition, limita9 tion, or restriction imposed by the Attorney General.

10 ‘‘(4) The provisions of section 204(a)(1)(H) shall

11 apply to applications to obtain nonimmigrant status under

12 section 101(a)(15)(U). Credible evidence to meet the con13 ditions described in clauses (i), (ii), or (iii) of section

14 101(a)(15)(U) may include certification from a Federal

15 or State law enforcement officer or prosecutor or a Fed16 eral or State official responsible for bringing enforcement

17 actions that the alien is willing to cooperate or has cooper18 ated in a criminal or civil court action or investigation or

19 Federal or State administrative agency enforcement action

20 or investigation.’’.

21 (2) PROHIBITION OF CHANGE OF NON22 IMMIGRANT CLASSIFICATION.—Section 248(1) (8

23 U.S.C. 1258(1)) is amended by striking ‘‘or (S)’’

24 and inserting ‘‘(S), or (U)’’.
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1 (d) ADJUSTMENT TO PERMANENT RESIDENT STA2 TUS.—

3 (1) IN GENERAL.—Section 245 (8 U.S.C. 1255)

4 is amended by adding at the end the following new

5 subsection:

6 ‘‘(l)(1) The Attorney General may adjust the status

7 of an alien admitted into the United States (or otherwise

8 provided nonimmigrant status) under section

9 101(a)(15)(U) (and a spouse, child, or parents admitted

10 under such section) to that of an alien lawfully admitted

11 for permanent residence if—

12 ‘‘(A) in the opinion of the Attorney General, the

13 alien’s continued presence in the United States is

14 justified on humanitarian grounds, to assure family

15 unity, or is otherwise in the public interest; and

16 ‘‘(B) the alien is not described in subparagraph

17 (A)(i)(I), (A)(ii), (A)(iii), (C), or (E) of section

18 212(a)(3).

19 ‘‘(2) When an alien is granted the status of having

20 been lawfully admitted for permanent residence pursuant

21 to this section, the Secretary of State shall not be required

22 to reduce the number of immigrant visas authorized to be

23 issued under any provision of this Act.’’.

24 (2) EXCLUSIVE MEANS OF ADJUSTMENT.—Sec25 tion 245(c)(5) (8 U.S.C. 1255(c)(5)) is amended by
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1 striking ‘‘sections 101(a)(15)(S),’’ and inserting

2 ‘‘subparagraph (S) or (U) of section 101(a)(15)’’.

3 SEC. 613. ACCESS TO CUBAN ADJUSTMENT FOR BATTERED

4 IMMIGRANT SPOUSES AND CHILDREN.

5 The last sentence of the first section of Public Law

6 89–732 (November 2, 1966; 8 U.S.C. 1255 note) is

7 amended by striking the period at the end the following:

8 ‘‘, except that such spouse or child who has been battered

9 or subjected to extreme cruelty may adjust to permanent

10 resident status under this Act without demonstrating that

11 he or she is residing with the Cuban spouse or parent in

12 the United States. In acting on applications under this

13 section with respect to spouses or children who have been

14 battered or subjected to extreme cruelty, the Attorney

15 General shall apply the provisions of section 204(a)(1)(H)

16 of the Immigration and Nationality Act.’’.

17 SEC. 614. ACCESS TO THE NICARAGUAN AND CENTRAL

18 AMERICAN RELIEF ACT FOR BATTERED

19 SPOUSES AND CHILDREN.

20 Section 309(c)(5)(C)(i) of the Illegal Immigration

21 Reform and Immigrant Responsibility Act of 1996, as

22 amended by section 203(a)(1) of the Nicaraguan Adjust23 ment and Central American Relief Act (title II of Public

24 Law 105–100, 111 Stat. 2196), is amended—
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1 (1) by striking ‘‘or’’ at the end of subclause

2 (IV);

3 (2) by striking the period at the end of sub4 clause (V) and inserting a semicolon; and

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

6 ‘‘(VI) is, at the time of filing of

7 an application under subclause (I),

8 (II), (V), or (VI) of this clause, the

9 spouse or child (as defined in para10 graph (1) or (6) of section 101(b) of

11 the Immigration and Nationality Act,

12 8 U.S.C. 1101(b)) of an individual de13 scribed in subclause (I), (II) or (V) of

14 this clause and the spouse, child, or

15 child of the spouse has been battered

16 or subjected to extreme cruelty by the

17 individual described in subclause (I),

18 (II), or (V); or

19 ‘‘(VII) is, at the time of filing of

20 an application under subclause (I),

21 (II), (V), or (VII) of this clause. the

22 unmarried son or daughter of an indi23 vidual described in subclause (I), (II)

24 or (V) of this clause who has been

25 battered or subjected to extreme cru-
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1 elty by the parent described in sub2 clause (I), (II), or (V) and, in the case

3 of a son or daughter who is 21 years

4 of age or older at the time the deci5 sion is rendered to suspend the depor6 tation or cancel the removal of the son

7 or daughter, the son or daughter must

8 have entered the United States on or

9 before October 1, 1990.

10 In acting on a petition filed under sub11 clause (VI) or (VII), the provisions set

12 forth in section 204(a)(1)(H) of the Immi13 gration and Nationality Act (8 U.S.C.

14 1154(a)(1)(H)) shall apply.’’.

15 SEC. 615. ACCESS TO THE HAITIAN REFUGEE IMMIGRATION

16 FAIRNESS ACT OF 1998 FOR BATTERED

17 SPOUSES AND CHILDREN.

18 Section 902(d)(1) of the Haitian Refugee Immigra19 tion Fairness Act of 1998 (title IX of the Treasury and

20 General Government Appropriations Act, 1999, contained

21 in Public Law 105–277) is amended—

22 (1) by amending subparagraph (B) to read as

23 follows:

24 ‘‘(B)(i)(I) the alien is the spouse, child, or

25 unmarried son or daughter, of an alien whose
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1 status is adjusted to that of an alien lawfully

2 admitted for permanent residence under sub3 section (a), or (II) at the time of filing of the

4 application for adjustment of status under sub5 section (a) or this subsection the alien is the

6 spouse, child, or unmarried son or daughter of

7 an alien whose status is adjusted to that of an

8 alien lawfully admitted for permanent residence

9 under subsection (a) and the spouse, child, son,

10 daughter or child of the spouse has been bat11 tered or subjected to extreme cruelty by the in12 dividual described in subsection (a); and

13 ‘‘(ii) in the case of such an unmarried son

14 or daughter, the son or daughter shall be re15 quired to establish that he or she has been

16 physically present in the United States for a

17 continuous period beginning not later than De18 cember 31, 1995, and ending not earlier than

19 the date the application for such adjustment is

20 filed;’’; and

21 (2) by adding after and below subparagraph

22 (D) the following:

23 ‘‘In acting on an application filed under this section

24 for an individual described in subparagraph

25 (B)(i)(II), the provisions set forth in section
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1 204(a)(1)(H) of the Immigration and Nationality

2 Act (8 U.S.C. 1154(a)(1)(H)) shall apply.’’.

3 TITLE VII—UNUSED EMPLOY4 MENT-BASED IMMIGRANT

5 VISAS

6 SEC. 701. RECAPTURE OF UNUSED EMPLOYMENT-BASED

7 IMMIGRANT VISAS.

8 (a) IN GENERAL.—Notwithstanding any other provi9 sion of law, the number of employment-based visas (as de10 fined in subsection (c)) made available for a fiscal year

11 (beginning with fiscal year 2001) shall be increased by the

12 number described in subsection (b). Visas made available

13 under this section shall only be available in a fiscal year

14 to employment-based immigrants under paragraph (1),

15 (2), or (3) of section 203(b) of the Immigration and Na16 tionality Act.

17 (b) NUMBER AVAILABLE.—

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

19 the number described in this subsection is the dif20 ference between the number of employment-based

21 visas that were made available in fiscal year 1999

22 and 2000 and the number of such visas that were

23 actually used in such fiscal years.

24 (2) REDUCTION.—The number described in

25 paragraph (1) shall be reduced, for each fiscal year
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1 after fiscal year 2001, by the cumulative number of

2 immigrant visas made available under subsection (a)

3 for previous fiscal years.

4 (3) CONSTRUCTION.—Nothing in this sub5 section shall be construed as affecting the applica6 tion of section 201(c)(3)(C) of the Immigration and

7 Nationality Act (8 U.S.C. 1151(c)(3)(C)).

8 (c) EMPLOYMENT-BASED VISAS DEFINED.—For

9 purposes of this section, the term ‘‘employment-based

10 visa’’ means an immigrant visa which is issued pursuant

11 to the numerical limitation under section 203(b) of the

12 Immigration and Nationality Act (8 U.S.C. 1153(b)).

13 TITLE VIII—MISCELLANEOUS

14 PROVISIONS

15 SEC. 801. TECHNICAL AND CONFORMING CHANGE CON16 CERNING BOARD OF IMMIGRATION APPEALS.

17 (a) DELEGATION OF POWERS AND DUTIES OF AT18 TORNEY GENERAL TO BOARD.—Section 103(a) (8 U.S.C.

19 1103(a)) is amended—

20 (1) by redesignating the second paragraph (8)

21 and paragraph (9) as paragraphs (9) and (10), re22 spectively; and

23 (2) by adding at the end the following:

24 ‘‘(11) The United States Board of Immigration Ap25 peals of the Department of Justice shall be charged with
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1 any and all responsibilities and authority in the adminis2 tration of this title or title II which are conferred upon

3 the Attorney General as may be delegated to the Board

4 by the Attorney General or which may be prescribed by

5 the Attorney General.’’.

6 (b) DEFINITIONS.—Section 101(b)(4) (8 U.S.C.

7 1101(b)(4)) is amended—

8 (1) by inserting ‘‘(A)’’ after ‘‘(4)’’; and

9 (2) by adding at the end the following:

10 ‘‘(B) The term ‘United States appellate immigration

11 judge’ means an attorney whom the Attorney General ap12 points as a member of the United States Board of Immi13 gration Appeals within the Executive Office for Immigra14 tion Review, qualified to conduct specified classes of appel15 late proceedings. A United States appellate immigration

16 judge shall be subject to such supervision and shall per17 form such duties as the Attorney General shall prescribe,

18 but shall not be employed by the Immigration and Natu19 ralization Service.’’.

20 SEC. 802. LIMITING FORFEITURE FOR CERTAIN ASSETS

21 USED TO VIOLATE INA WHERE THERE WAS

22 NO COMMERCIAL GAIN.

23 Section 274(b)(1) (8 U.S.C. 1324(b)(1)) is amended

24 by inserting ‘‘for the purpose of commercial advantage or

25 private financial gain’’ after ‘‘subsection (a)’’.
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1 SEC. 803. ELIMINATION OF BAN ON STATE AND LOCAL GOV2 ERNMENTS FROM PREVENTING COMMUNICA3 TIONS WITH THE INS.

4 (a) IN GENERAL.—Section 642 of the Illegal Immi5 gration Reform and Immigrant Responsibility Act of 1996

6 (8 U.S.C. 1373) is repealed.

7 (b) VERIFICATION OF ELIGIBILITY FOR FEDERAL

8 PUBLIC BENEFITS.—Section 432 of the Personal Respon9 sibility and Work Opportunity Reconciliation Act of 1996

10 (8 U.S.C. 1642) is repealed.

11 SEC. 804. ELIMINATION OF AUTHORITY TO PERMIT STATE

12 PERSONNEL TO CARRY OUT IMMIGRATION

13 OFFICER FUNCTIONS.

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

15 SEC. 805. PAROLE AUTHORITY.

16 Section 212(d)(5)(A) (8 U.S.C. 1182(d)(5)(A)) is

17 amended by striking ‘‘only on a case-by-case basis for ur18 gent humanitarian reasons or significant public benefit’’

19 and inserting ‘‘for emergent reasons or for reasons deemed

20 strictly in the public interest’’.

21 SEC. 806. ENHANCED BORDER PATROL RECRUITMENT AND

22 RETENTION.

23 (a) IN GENERAL.—

24 (1) GS–11 CLASSIFICATION.—Any Border Pa25 trol agent classified as a GS–1896 position who

26 completes a 1-year period of service at a GS–9 grade
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1 and whose current rating of record is fully successful

2 or higher shall be classified at a GS–11 grade and

3 receive pay at the minimum rate of basic pay for a

4 GS–11 position.

5 (2) NONREDUCTION.—Paragraph (1) shall not

6 be construed to—

7 (A) limit or reduce the rate of pay of any

8 Border Patrol agent; or

9 (B) reclassify a Border Patrol agent at a

10 lower classification of position.

11 (b) OFFICE OF BORDER PATROL RECRUITMENT AND

12 RETENTION.—

13 (1) ESTABLISHMENT.—Not later than 90 days

14 after the date of enactment of this Act, the Commis15 sioner of the Immigration and Naturalization Serv16 ice shall establish an Office of Border Patrol Re17 cruitment and Retention within the Immigration and

18 Naturalization Service.

19 (2) FUNCTIONS.—The Office of Border Patrol

20 Recruitment and Retention shall—

21 (A) develop outreach programs to identify

22 and recruit prospective Border Patrol agents;

23 (B) develop programs to retain Border Pa24 trol agents; and
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1 (C) submit recommendations to the Com2 missioner of the Immigration and Naturaliza3 tion Service relating to pay and benefits of Bor4 der Patrol agents.

5 (3) REPORT TO CONGRESS.—Not later than

6 150 days after the date of enactment of this Act, the

7 Commissioner of the Immigration and Naturaliza8 tion Service shall submit a report to the Congress on

9 the establishment and activities of the Office of Bor10 der Patrol Recruitment and Retention.

11 (c) AUTHORIZATION OF APPROPRIATIONS.—There

12 are authorized to be appropriated $50,000,000 for fiscal

13 year 2000 and such sums as may be necessary for each

14 fiscal year thereafter to carry out this section.

15 SEC. 807. ELIMINATION OF DENIAL OF IMMIGRATION BENE16 FITS FOR ERRONEOUS ASYLUM APPLICA17 TION.

18 Section 208(d) (8 U.S.C. 1158(d)) is amended by

19 striking paragraphs (6) and (7).

20 SEC. 808. AUTHORIZATION OF APPROPRIATIONS FOR IM21 PLEMENTATION OF ACT.

22 There are authorized to be appropriated for fiscal

23 years 2000 through 2006 such sums as may be necessary

24 to implement this Act.
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1 TITLE IX—EFFECTIVE DATES

2 SEC. 901. GENERAL EFFECTIVE DATE.

3 Except as provided in section 902, the amendments

4 made by this Act shall take effect on the date of the enact5 ment of this Act.

6 SEC. 902. OTHER EFFECTIVE DATES.

7 (a) TITLE I.—

8 (1) SECTION 101.—The amendment made by

9 section 101 shall take effect on the date of the en10 actment of this Act and shall apply to determina11 tions pending on or after such date with respect to

12 which—

13 (A) a final administrative decision has

14 been not been rendered as of such date; or

15 (B) such a decision has been rendered but

16 the period for seeking judicial review of the de17 cision has not expired.

18 (2) SECTION 102.—The amendments made by

19 section 102 shall take effect on the date of the en20 actment of this Act and shall apply to petitions for

21 review of determinations of the Attorney General

22 made on or after such date.

23 (3) SECTION 103.—The amendment made by

24 section 103 shall take effect on the date of the en-
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1 actment of this Act and shall apply to aliens who are

2 in custody on or after such date.

3 (4) SECTIONS 104 AND 105.—The amendments

4 made by sections 104 and 105 shall take effect on

5 the date of the enactment of this Act and shall apply

6 to petitions for review filed on or after such date.

7 (5) SECTION 106.—The amendment made by

8 section 106 shall take effect on the date of the en9 actment of this Act and shall apply to appeals from

10 denial of a request for an order of voluntary depar11 ture, and requests for a stay of an alien’s removal

12 pending consideration of any claim with respect to

13 voluntary departure, filed on or after such date.

14 (6) SECTION 107.—The amendment made by

15 section 107 shall take effect on the date of the en16 actment of this Act and shall apply to cases in which

17 a final order of exclusion or deportation is entered

18 on or after the date of the enactment of this Act.

19 (7) SECTION 111.—The amendments made by

20 section 111 shall take effect on the date of the en21 actment of this Act and shall apply to removal pro22 ceedings pending on or after such date.

23 (8) SECTION 112.—The amendment made by

24 section 112 shall take effect on the date of the en-
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1 actment of this Act and shall apply to applications

2 for admission pending on or after such date.

3 (9) SECTION 131.—

4 (A) IN GENERAL.—The amendment made

5 by section 131(a) shall take effect 120 days

6 after the date of the enactment of this Act.

7 (B) DEADLINE FOR REGULATIONS.—Pro8 posed regulations with respect to the amend9 ment made by section 131(a) shall be promul10 gated not later than 30 days after the date of

11 the enactment of this Act.

12 (C) APPOINTMENTS.—Members of the

13 Board of Visa Appeals under section 225 of the

14 Immigration and Nationality Act (as inserted

15 by section 131(a) of this Act) shall be ap16 pointed not later than 120 days after the date

17 of the enactment of this Act.

18 (b) TITLE II.—

19 (1) SECTION 201.—The amendments made by

20 section 201 shall take effect on the date of the en21 actment of this Act and shall apply to applications

22 pending on or after such date with respect to which

23 no final administrative decision has been rendered.

24 (2) SECTION 202.—
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1 (A) SUBSECTION (a).—The amendment

2 made by section 202(a) shall apply to offenses

3 committed on or after the date of the enact4 ment of this Act.

5 (B) SUBSECTIONS (b) AND (c).—The

6 amendments made by subsections (b) and (c) of

7 section 202 shall apply to convictions entered

8 on or after April 24, 1996.

9 (C) SUBSECTION (d).—The amendment

10 made by section 202(d) shall apply to convic11 tions entered on or after the date of the enact12 ment of this Act.

13 (3) SECTION 203.—The amendments made by

14 section 203 shall take effect on the date of the en15 actment of this Act and shall apply to convictions

16 and sentences entered on or after such date.

17 (4) SECTION 204.—The amendment made by

18 section 204 shall apply to convictions entered on or

19 after the date of the enactment of this Act.

20 (5) SECTIONS 206 AND 207.—The amendments

21 made by sections 206(a) and 207 shall take effect

22 on the date of the enactment of this Act and shall

23 apply to aliens in removal proceedings on or after

24 April 1, 1997.
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1 (6) SECTIONS 211 AND 214.—The amendments

2 made by sections 211 and 214 shall apply to deter3 minations of inadmissibility made on or after April

4 1, 1997.

5 (7) SECTION 212.—The amendments made by

6 section 212 shall apply to aliens who obtain the sta7 tus of a nonimmigrant under section 101(a)(15)(F)

8 of the Immigration and Nationality Act after the

9 end of the 60-day period beginning on September

10 30, 1996, including aliens whose status as such a

11 nonimmigrant is extended after the end of such pe12 riod.

13 (8) SECTION 213.—The amendments made by

14 section 213 shall apply to representations made on

15 or after September 30, 1996.

16 (c) TITLE III.—

17 (1) SECTION 301.—The amendments made by

18 section 301 shall take effect on the date of the en19 actment of this Act and shall apply to an alien who

20 is the beneficiary of a classification petition filed

21 under section 204 before, on, or after such date.

22 (2) SECTION 302.—The amendment made by

23 section 302 shall take effect on the date of the en24 actment of this Act and shall apply to applications
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1 for admission as a refugee pending on or after such

2 date.

3 (3) SECTION 303.—The amendment made by

4 section 303 shall take effect on the date of the en5 actment of this Act and shall apply to asylum appli6 cations pending on or after such date.

7 (4) SECTION 304.—The amendments made by

8 section 304 shall take effect 90 days after the date

9 of the enactment of this Act and shall apply to ap10 plications pending on or after such effective date.

11 (5) SECTIONS 312(a), 313, AND 341.—The

12 amendments made by sections 312(a), 313, and 341

13 shall take effect on the date of the enactment of this

14 Act and shall apply to applications pending on or

15 after such date with respect to which no final ad16 ministrative decision has been rendered.

17 (6) SECTION 312(b).—The amendment made by

18 section 312(b) shall take effect on the date of the

19 enactment of this Act and shall apply to proceedings

20 pending on or after such date with respect to which

21 no final administrative decision has been rendered.

22 (7) SECTION 321.—The amendment made by

23 section 321 shall take effect on the date of the en24 actment of this Act and shall apply to applications
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1 for adjustment of status pending on or after such

2 date.

3 (d) TITLE IV.—

4 (1) SECTION 401.—The amendments made by

5 section 401 shall take effect on the date of the en6 actment of this Act and shall apply to asylum appli7 cations pending on or after such date.

8 (2) SECTION 402.—The amendments made by

9 section 402 shall take effect on the date of the en10 actment of this Act and shall apply to applications

11 for asylum or admission as a refugee, and deter12 minations under section 241(b)(3) of the Immigra13 tion and Nationality Act, pending on or after such

14 date.

15 (3) SECTION 403.—The amendment made by

16 section 403 shall take effect on the date of the en17 actment of this Act and shall apply to applications

18 for adjustment of status pending on or after such

19 date.

20 (e) TITLE V.—

21 (1) SECTION 514.—The amendments made by

22 paragraphs (3), (4), and (8) of section 514 shall

23 take be effect as if included in the enactment of the

24 Nicaraguan Adjustment and Central American Re25 lief Act.
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1 (2) SECTION 515.—The amendments made by

2 paragraphs (3), (4), and (8) of section 515 shall

3 take effect as if included in the enactment of the

4 Haitian Refugee Immigration Fairness Act of 1998.

5 (3) SECTION 541.—The amendment made by

6 section 541 shall be effective as if included in the

7 enactment of section 201 of the Immigration Reform

8 and Control Act of 1986 (Public Law 99–603; 100

9 Stat. 3394).

10 (f) TITLE VI.—

11 (1) SECTION 602.—

12 (A) SUBSECTION (a).—The amendments

13 made by section 602(a) shall apply to applica14 tions for adjustment of status pending on, or

15 made on or after, January 14, 1998.

16 (B) SUBSECTIONS (b)(1) AND (c)(1).—The

17 amendment made by subsections (b)(1) and

18 (c)(1) of section 602 shall take effect as if in19 cluded in the enactment of section 304 of the

20 Illegal Immigration Reform and Immigrant Re21 sponsibility Act of 1996 (division C of Public

22 Law 104–208, 110 Stat. 587).

23 (C) SUBSECTION (b)(2)—The amendments

24 made by section 602(b)(2) shall take effect as

25 if included in the enactment of section 309 of
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1 the Illegal Immigration Reform and Immigrant

2 Responsibility Act of 1996 (8 U.S.C. 1101

3 note).

4 (2) SECTION 607.—

5 (A) SUBSECTION (a).—The amendment

6 made by section 607(a) shall take effect as if

7 included in the enactment of section 304 of the

8 Illegal Immigration Reform and Immigrant Re9 sponsibility Act of 1996 (division C of Public

10 Law 104–208; 110 Stat. 587).

11 (B) SUBSECTION (b).—The amendments

12 made by section 607(b) shall take effect as if

13 included in the enactment of subtitle G of title

14 IV of the Violent Crime Control and Law En15 forcement Act of 1994 (Public Law 103–322;

16 108 Stat. 1953 et seq.).

17 (3) SECTION 613.—The amendment made by

18 section 613 shall be effective as if included in sub19 title G of title IV of the Violent Crime Control and

20 Law Enforcement Act of 1994 (Public Law 103–

21 322; 108 Stat. 1953 et seq.).

22 (g) TITLE VIII.—

23 (1) SECTION 806.—Paragraphs (1) and (2) of

24 section 806(a) shall take effect on the first day of

25 the first applicable pay period beginning on or after
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1 the date that is 120 days after the date of the enact2 ment of this Act.

3 (2) SECTION 807.—The amendment made by

4 section 807 shall take effect on the date of the en5 actment of this Act and shall apply to asylum appli6 cations made before, on, or after such date.

Æ