Protecting Immigrant Victims of Domestic Violence Act

To provide immigration status for certain battered spouses and children. 1. Short title This Act may be cited as the Protecting Immigrant Victims of Domestic Violence Act 2. Immigration status for certain battered spouses and children (a) Nonimmigrant status for certain battered spouses and children Section 101(a)(51) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(51) (1) in subparagraph (F), by striking or (2) in subparagraph (G), by striking the period at the end and inserting ; or (3) by adding at the end the following: (H) section 106 as an abused derivative alien. . (b) Relief for abused derivative aliens (1) Amendment Section 106 of the Immigration and Nationality Act ( 8 U.S.C. 1105a 106. Relief for abused derivative aliens (a) Abused derivative alien defined In this section, the term abused derivative alien (1) is a spouse or child admitted under section 101(a)(15); (2) is accompanying or following to join a principal alien admitted under such section; and (3) has been subject to battery or extreme cruelty by such principal alien. (b) Relief for abused derivative aliens The Secretary of Homeland Security— (1) shall grant admission to, or extend the period of admission for, an abused derivative alien under the subparagraph of section 101(a)(15) pursuant to which the principal alien was admitted for the period that is the longer of— (A) the same period for which the principal alien was initially admitted; or (B) 3 years; (2) may renew a grant or an extension of status made under paragraph (1); (3) shall grant employment authorization to an abused derivative alien; and (4) may adjust the status of an abused derivative alien to that of an alien lawfully admitted for permanent residence if— (A) (i) the abused derivative alien is admissible under section 212(a); or (ii) the Secretary of Homeland Security determines that the continued presence in the United States of the abused derivative alien is justified— (I) on humanitarian grounds; (II) to ensure family unity; or (III) is otherwise in the public interest; and (B) the status under which the principal alien was admitted to the United States would have potentially allowed for eventual adjustment of status. (c) Effect of termination of relationship Termination of the relationship with principal alien shall not affect the status of an abused derivative alien under this section if battery or extreme cruelty by the principal alien was one central reason for termination of the relationship. (d) Procedures A request for relief under this section shall be handled under the procedures that apply to an alien seeking relief under section 204(a)(1)(B). . (2) Clerical amendment The table of contents preceding section 101 of the Immigration and Nationality Act ( 8 U.S.C. 1101 Sec. 106. Relief for abused derivative aliens. .

Summary: Protecting Immigrant Victims of Domestic Violence Act This bill allows an abused spouse or child whose immigrant status is derived from another alien (the principal alien) to obtain immigrant status independent of the principal alien. Current law provides a path to immigrant status to abused individuals who derive their status from a U.S. citizen or lawful permanent resident, but not to those who derive their status from another alien. Such an abused spouse or child must be accompanying or following to join the principal alien and have been subject to battery or extreme cruelty by the principal alien. An abused individual with immigrant status shall receive employment authorization, be eligible for renewal or extension of status, and become an alien lawfully admitted for permanent residence under certain conditions.