I 
112TH CONGRESS 
2D SESSION 
H. R. 5331 
To provide protections against violence against immigrant women, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 7, 2012 
Ms. SCHAKOWSKY (for herself, Ms. CHU, Ms. CLARKE of New York, Mr. GRI-
JALVA, Ms. HAHN, Ms. LEE of California, Ms. MOORE, Mr. POLIS, Ms. 
LORETTA SANCHEZ of California, and Ms. WATERS) introduced the fol-
lowing bill; which was referred to the Committee on the Judiciary, and 
in addition to the Committees on Financial Services and Energy and 
Commerce, for a period to be subsequently determined by the Speaker, 
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned 
A BILL 
To provide protections against violence against immigrant 
women, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Violence Against Immi-
grant Women Act of 2012’’. 
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TITLE I—RULEMAKINGS 
SEC. 101. RULEMAKING AND FINDINGS WITH REGARD TO 
RULEMAKING. 
(a) RULEMAKING.—Not later than 180 days after the 
date of enactment of this Act, the Attorney General, the 
Secretary of Homeland Security, and the Secretary of 
State shall make rules to implement this Act and the 
amendments carried out by this Act. To the extent nec-
essary to ensure that such rules are made in a timely man-
ner, the rules shall take effect on an interim basis, at the 
same time that notice and opportunity for public comment 
are offered. Access to the relief provided by this Act and 
previous Acts listed in subsection (b) is in the public inter-
est, as necessary to protect health and safety and promul-
gation of regulations that take effect on an interim basis 
falls within the good cause exception in the Administrative 
Procedure Act. 
(b) FINDINGS.—Not later than 180 days after the 
date of enactment of this Act, the Attorney General, the 
Secretary of Homeland Security, and the Secretary of 
State shall promulgate interim regulations to implement 
the provisions not amended or repealed from the Victims 
of Trafficking and Violence Prevention Act of 2000 (Pub-
lic Law 106–386), the Violence Against Women Act and 
Department Justice Reauthorization Act of 2006 (Public 
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Law 109–162) and the William Wilberforce Trafficking 
Victims Protection Reauthorization Act of 2008 (Public 
Law 110–457). Insofar as required to carry out the pre-
vious sentence in a timely manner, such regulations shall 
be promulgated to take effect on an interim basis, at the 
same time that notice and opportunity for public comment 
are offered. 
TITLE II—PROTECTIONS FOR 
VICTIMS 
SEC. 201. EMPLOYMENT AUTHORIZATION FOR IMMIGRANT 
VICTIMS. 
(a) FINDINGS.—Congress finds as follows: 
(1) Congress created immigration protections 
for immigrant victims of domestic violence, sexual 
assault, stalking, dating violence, human trafficking, 
and other crime victims for two important pur-
poses—to facilitate prosecution of perpetrators and 
to enhance victim safety. 
(2) The safety of immigrant victims applying 
for protection under the Violence Against Women 
Act or the Trafficking Victims Protection Act is un-
dermined when government agencies delay in pro-
viding legal work authorization. Immigrant victims’ 
ability to seek help and to cooperate in the detection, 
investigation 
or 
prosecution 
crimes 
committed 
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against them is enhanced when victims can work 
lawfully and sever their economic dependence on the 
perpetrator. 
(3) When victims know that they will receive 
legal work authorization within 180 days of filing 
their for victim related immigration relief, victims 
and their advocates can develop safety plans that 
will focus on steps the victim can take to keep her-
self and her children safe during the work authoriza-
tion waiting period. This can include stays in an 
emergency shelter and transitional housing, obtain-
ing legal custody of her children and learning skills 
that will enhance her employability. 
(4) The economic stability that comes from the 
ability to work lawfully in the United States reduces 
victims’ vulnerability to abuse, exploitation and coer-
cion from crime perpetrators. 
(5) Congress in VAWA 2000 and VAWA 2005 
took steps to encourage DHS to grant immigrant 
crime victims swift access to legal work authoriza-
tion. However, as of 2011 73.9% of VAWA self-peti-
tioners and 93.9% of U-visa applicants endure 
delays of longer than 6 months before receiving legal 
work authorization. Of these many wait well over a 
year after filing before receiving work authoriza-
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tion—36.7% of VAWA self-petitioners and 32% of 
U-visa applicants. These delays harm criminal pros-
ecutions and endanger victims and their children. 
(b) EMPLOYMENT AUTHORIZATION FOR IMMIGRANT 
VICTIMS.—Section 204(a)(1) of the Immigration and Na-
tionality Act (8 U.S.C. 1154(a)) is amended by adding at 
the end the following: 
‘‘(M) Notwithstanding any provision of 
this Act restricting eligibility for employment in 
the United States, the Secretary of Homeland 
Security may grant employment authorization 
to an alien who has filed a petition for status 
as a VAWA self-petitioner or a nonimmigrant 
described in section 101(a)(15)(U) on the date 
that is the earlier of— 
‘‘(i) the date the alien’s petition for 
such status is approved; or 
‘‘(ii) 180 days after the date the alien 
filed a petition for such status.’’. 
SEC. 202. PROTECTIONS FOR TRAFFICKING VICTIMS. 
(a) DEATH OF A FAMILY MEMBER.— 
(1) 
CITIZEN
PARENTS.—Section 
204(a)(1)(A)(iv) of the Immigration and Nationality 
Act (8 U.S.C. 1154(a)(1)(A)(iv)) is amended— 
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(A) by striking ‘‘or who’’ the first place it 
appears and inserting ‘‘, who’’; 
(B) by inserting ‘‘who was a child of a 
United States citizen parent (i)(I) who died 
within the past 2 years; or (II) who died when 
the child was under 18 years of age and the 
child filed a petition under this subsection not 
later than 2 years after the child reached the 
age of 18 years, or (ii) whose marriage to the 
child’s alien parent was terminated, including 
by divorce, annulment, or by death of the alien 
parent or the United States citizen parent’’ be-
fore ‘‘, and who is a person of good moral char-
acter,’’; and 
(C) by striking ‘‘(and any child of the 
alien)’’ and inserting ‘‘(and any spouse or child 
of the alien)’’. 
(2) LAWFUL PERMANENT RESIDENTS.—Section 
204(a)(1)(B) of the Immigration and Nationality 
Act (8 U.S.C. 1154(a)(1)(B)) is amended— 
(A) in clause (iii)— 
(i) by striking ‘‘or who’’ and inserting 
‘‘who’’; 
(ii) by inserting ‘‘or who was a child 
of a lawful permanent resident parent 
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(I)(aa) who within the past 2 years; or (II) 
who died when one child was under 18 
years of age and the child filed a petiiton 
unde this subsection no later than 2 years 
after the child reached the age of 18’’ be-
fore ‘‘, and who is a person of good moral 
character,’’; and 
(iii) by striking ‘‘(and any child of the 
alien)’’ and inserting ‘‘(and any spouse or 
child of the alien)’’; and 
(B) in clause (ii)(II)(aa)(CC)— 
(i) in subsubitem (aaa), by striking 
‘‘or’’; 
(ii) in subsubitem (bbb), by striking 
the semicolon at the end and inserting ‘‘; 
or’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(ccc) 
whose 
spouse 
died within the past 2 
years.’’. 
(3) SELF
PETITIONING
BY
MINORS.—Section 
204(a)(1)(D)(v) of the Immigration and Nationality 
Act (8 U.S.C. 1154(a)(1)(D)(v)) is amended by in-
serting after ‘‘who is not less than 21 years of age,’’ 
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the following: ‘‘(and the individual’s spouse and chil-
dren)’’. 
(4) SURVIVING RELATIVES.—Section 204(l) of 
the Immigration and Nationality Act (8 U.S.C. 
1165(l)) is amended— 
(A) in paragraph (1), by striking ‘‘who re-
sided in the United States at the time of the 
death of the qualifying relative and who con-
tinues to reside in the United States’’; and 
(B) in paragraph (2)(E), to read as fol-
lows: 
‘‘(E)(i) an alien described in section 
101(a)(15)(T)(ii) whose qualifying relative has 
been admitted in nonimmigrant status de-
scribed in section 101(a)(15)(T)(i); 
‘‘(ii) 
an 
alien 
described 
in 
section 
101(a)(15)(U)(ii) whose qualifying relative has 
been admitted in nonimmigrant status de-
scribed in section 101(a)(15)(U)(i); or 
‘‘(iii) an alien who is a VAWA self-peti-
tioner.’’. 
(5) EFFECTIVE DATES.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), the amendments made by 
paragraphs (1) and (2) shall take effect on the 
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date of enactment of this Act and shall apply 
to petitions filed on or after that date. 
(B) TRANSITION IN CASE OF CITIZEN PAR-
ENTS WHO DIED BEFORE ENACTMENT.—In ap-
plying the amendments made by paragraphs (1) 
and (2)(A) in the case of an alien whose citizen 
or lawful permanent resident parent died dur-
ing the period beginning on the date that is 2 
years prior to the date of enactment of Violence 
Against Women Reauthorization Act of 2005, 
and ending on the date of enactment of this 
Act— 
(i) section 204(a)(1)(A)(iv) and sec-
tion 204(a)(1)(B)(iii) of the Immigration 
and Nationality Act shall each be applied 
as though the phrase ‘‘within the past two 
years’’ were ‘‘the period described in sec-
tion 202(d)(5)(B) of the Violence Against 
Immigrant Women Act of 2012’’; 
(ii) a petition under either such sec-
tion shall be filed not later than the later 
of— 
(I) 2 years after the date of en-
actment of this Act; or 
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(II) the 2 years after the date 
the alien attains 18 years of age; and 
(iii) the determination of eligibility of 
an alien child for benefits under either 
such section (including under section 
204(a)(1)(D) of such Act, by reason of a 
petition authorized under such section) 
shall be determined as of the date of the 
death of the citizen or lawful permanent 
resident parent. 
(b) UNACCOMPANIED ALIEN CHILD REDEFINED.— 
Section 462(g) of the Homeland Security Act of 2002 (6 
U.S.C. 279(g)) is amended— 
(1) in paragraph (2)(C)— 
(A) in clause (i), by striking ‘‘or’’ at the 
end; 
(B) in clause (ii), by striking the period at 
the end and inserting ‘‘; or’’; and 
(C) by adding at the end the following: 
‘‘(iii) was apprehended without a par-
ent or legal guardian and is not reunified 
with a parent or legal guardian within 72 
hours thereafter.’’; and 
(2) by adding at the end the following: 
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‘‘(h) Reunification with a parent or legal guardian or 
next friend does not affect the child’s unaccompanied sta-
tus for the duration of the child’s immigration pro-
ceedings.’’. 
(c) PROVIDING SAFE AND SECURE PLACEMENTS FOR 
CHILDREN.—Section 235(c)(2) of the Trafficking Victims 
Protection Reauthorization Act of 2008 is amended by 
adding at the end the following: ‘‘The Secretary of Home-
land Security shall permit the continuation of care plans 
developed by the Office of Refugee Resettlement’s division 
of Unaccompanied Children’s Services to ensure their con-
tinued protected status after they turn 18, in an arrange-
ment that is the least restrictive possible. The provisions 
of this paragraph apply to an unaccompanied alien child 
until such child attains 21 years of age, including those 
provisions providing for continued authorization of place-
ment of that child.’’. 
(d) PROVIDING SAFE
AND SECURE PLACEMENTS 
FOR CHILDREN.—Section 235(c)(1) of the Trafficking 
Victims Protection Reauthorization Act of 2008 is amend-
ed to read as follows: 
‘‘(1) POLICIES AND PROGRAMS.— 
‘‘(A) IN
GENERAL.—The Secretary of 
Health and Human Services, Secretary of 
Homeland Security, Attorney General, and Sec-
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retary of State shall establish policies and pro-
grams to ensure that unaccompanied alien chil-
dren in the United States are protected from 
traffickers and other persons seeking to vic-
timize or otherwise engage such children in 
criminal, harmful, or exploitative activity, in-
cluding policies and programs reflecting best 
practices in witness security programs. 
‘‘(B) 
CONFIDENTIALITY
OF
INFORMA-
TION.—In order to protect unaccompanied alien 
children in the United States, information ac-
quired by any person, including officers or em-
ployees of the Department of Health and 
Human Services, case managers, or others in 
connection with providing services or treatment 
to children in the custody of the Secretary of 
Health and Human Services, including any con-
tracted social service entity, shall have be af-
forded confidentiality protections under VAWA 
confidentiality (8 U.S.C. 1367) and the Health 
Insurance Portability and Accountability Act.’’. 
(e) ELIGIBILITY FOR SPECIAL IMMIGRANT JUVENILE 
STATUS.— 
(1) AGE
AND
COURT
JURISDICTION.—Section 
235(d)(6) of the Trafficking Victims Protection Re-
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(f) COUNTING OF TRAFFICKING VICTIMS AND BENE-
FITS
FOR U-VISA HOLDERS
AND FAMILIES.—Section 
107(b)(1)(B) of the Trafficking Victims Protection Act of 
2000 (22 U.S.C. 7105(b)(1)) is amended by adding ‘‘and 
victims of human trafficking who qualify for other forms 
of immigration relief’’ after ‘‘101(a)(15)(T)(ii)’’. 
(g) PASSPORT RETENTION.—Section 1592 of title 
18, United States Code, is amended— 
(1) in subsection (a)(2) by deleting ‘‘or’’ at the 
end; 
(2) in subsection (a)(3) by adding ‘‘or’’ at the 
end; and 
(3) by inserting after paragraph (3) of sub-
section (a) the following: 
‘‘(4) for more than 32 hours shall be subject to 
a rebuttable presumption that they are withholding 
the passport of another person against that persons 
will in violation of this section, but it is not a viola-
tion of this section to obtain a person’s passport for 
up 32 hours for the purpose of complying with Fed-
eral or State government requirements;’’. 
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SEC. 203. PROTECTIONS FOR VICTIMS OF CRIMINAL ACTIV-
ITY. 
(a) IN GENERAL.—Section 101(a)(15)(U)(iii) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(a)(15)(U)(iii)) is amended— 
(1) by inserting ‘‘stalking; dating violence; 
abuse; endangerment; or exploitation of a person 
who is a child, elderly, or disabled;’’ after ‘‘perjury;’’; 
and 
(2) by adding at the end the following: 
‘‘(iv) the terms ‘domestic violence’, 
‘sexual assault’, ‘dating violence’, and 
‘stalking’ have the meaning given such 
terms in the Violence Against Women Act 
of 1994 (42 U.S.C. 13925(a));’’. 
(b) PROTECTION
FOR INCAPACITATED SONS
AND 
DAUGHTERS OF VICTIMS.—(1) Section 101(a)(15)(T)(ii) 
of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)(t)) is amended— 
(A) in subclause (I) by inserting ‘‘, incapaci-
tated siblings,’’ after ‘‘under such clause’’; and 
(B) in subclause (III) by inserting ‘‘, incapaci-
tated sibling,’’ after ‘‘parent’’. 
(2) Section 101(a)(15)(U)(ii) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(15)(U)(ii)) is amend-
ed— 
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(A) in subclause (I)— 
(i) by inserting ‘‘or incapacitated’’ after 
‘‘under 21 years of age’’; 
(ii) by inserting ‘‘son or daughter,’’ after 
‘‘children,’’; and 
(iii) by inserting ‘‘any children of the sib-
lings,’’ after ‘‘under such clause’’; and 
(B) in subclause (II)— 
(i) by inserting ‘‘under 21 years of age on 
the date on which such alien applied for status 
under such clause’’ after ‘‘children’’; and 
(ii) by inserting ‘‘, and any children of the 
children’’ after ‘‘such alien’’. 
(3) Section 204(a)(1) of the Immigration and Nation-
ality Act (8 U.S.C. 1154(a)(1)) is amended— 
(A) in subparagraph (A)(ii), by inserting ‘‘or 
incapacitated sons or daughters’’ after ‘‘alien’s chil-
dren’’; 
(B) in subparagraph (A)(iii), in the matter pre-
ceding item (aa), by inserting ‘‘or incapacitated son 
or daughter’’ after ‘‘child’’; 
(C) in subparagraph (A)(iii)(I)(bb), by striking 
‘‘or a child’’ inserting ‘‘, an incapacitated son or 
daughter of the alien, or a child’’; 
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(D) in subparagraph (A)(iv), by inserting ‘‘, or 
incapacitated son or daughter,’’ after ‘‘child’’ the 
first and second places it appears; 
(E) in subparagraph (A)(vi), by striking ‘‘or 
child’’ and inserting ‘‘, incapacitated son or daugh-
ter, or child’’; 
(F) in subparagraph (B)(ii)(I)(bb), by inserting 
‘‘, an incapacitated son or daughter of the alien, or’’ 
before ‘‘a child of the alien’’; and 
(G) in subparagraph (B)(iii), by inserting ‘‘in-
capacitated son or daughter’’ after ‘‘child’’ the first, 
second, and third places it appears. 
(c) PROTECTING PARENTS OF U.S. CITIZEN CHILD 
CRIME VICTIMS.—Section 101(a)(15)(U) of the Immigra-
tion and Nationality Act (8 U.S.C. 1101(a)(15)(U)) shall 
be amended— 
(1) in clause (i)— 
(A) in subclause (I), by inserting after 
‘‘the alien’’ the following: ‘‘or a child of the 
alien’’; 
(B) in subclause (II), by striking ‘‘an 
alien’’ before the word ‘‘child’’ and inserting 
‘‘a’’; and 
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(C) in subclause (III), by striking ‘‘an 
alien’’ before the word ‘‘child’’ and inserting 
‘‘a’’; and 
(2) in clause (ii), by inserting after subclause 
(II) the following: 
‘‘(III) in the case of an alien de-
scribed in clause (i) who is 21 years 
of age or older and incapacitated, the 
parents and siblings of such alien.’’. 
(d) REQUIREMENTS APPLICABLE TO U VISAS.— 
(1) RECAPTURE OF UNUSED U VISAS.—Section 
214(p)(2) of the Immigration and Nationality Act (8 
U.S.C. 1184(p)(2)) is amended— 
(A) in subparagraph (A), by striking ‘‘The 
number’’ and inserting ‘‘Except as provided in 
subparagraph (C), the number’’; and 
(B) by adding at the end the following: 
‘‘(C) Beginning in fiscal year 2012, if the 
numerical limitation set forth in subparagraph 
(A) is reached before the end of the fiscal year, 
up to 5,000 additional visas, of the aggregate 
number of visas that were available and not 
issued to nonimmigrants described in section 
101(a)(15)(U) in fiscal years 2006 through 
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2011, may be issued until the end of the fiscal 
year.’’. 
(2) SUNSET DATE.—The amendments made by 
paragraph (1) are repealed on the date on which the 
aggregate number of visas that were available and 
not issued in fiscal years 2006 through 2011 have 
been issued pursuant to section 214(p)(2)(C) of the 
Immigration and Nationality Act. 
(3) AGE DETERMINATIONS.—Section 214(p) of 
the Immigration and Nationality Act (8 U.S.C. 
1184(p)) is amended by adding at the end the fol-
lowing: 
‘‘(7) AGE DETERMINATIONS.— 
‘‘(A) CHILDREN.—An unmarried alien who 
seeks to accompany, or follow to join, a parent 
granted status under section 101(a)(15)(U)(i), 
and who was under 21 years of age on the date 
on which such parent petitioned for such status, 
shall continue to be classified as a child for pur-
poses of section 101(a)(15)(U)(ii), if the alien 
attains 21 years of age after such parent’s peti-
tion was filed but while it was pending. 
‘‘(B) PRINCIPAL
ALIENS.—An alien de-
scribed in clause (i) of section 101(a)(15)(U) 
shall continue to be treated as an alien de-
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scribed in clause (ii)(I) of such section if the 
alien attains 21 years of age after the alien’s 
application for status under such clause (i) is 
filed but while it is pending.’’. 
(4) PETITIONING PROCEDURES FOR U VISAS.— 
Section 214(p)(1) of the Immigration and Nation-
ality Act (8 U.S.C. 1154(p)) is amended by inserting 
‘‘Certifications may be signed by the head of the 
agency or any agency staff member designated by 
such agency head to sign certifications.’’ before 
‘‘The certification may also’’. 
(e) VOCA AS U-VISA CERTIFIERS.—Section 203(j) 
through section 214(p) of the Immigration and Nation-
ality Act (8 U.S.C. 1153(j) through 8 U.S.C. 1184(p)) 
is amended by inserting ‘‘administrator of crime victim as-
sistance under the Comprehensive Crime Control Act of 
1984 (42 U.S.C. 10602),’’ after ‘‘prosecutor, judge,’’ each 
place it appears. 
SEC. 204. BATTERED SPOUSE AND FAMILY MEMBER PRO-
TECTIONS AND NONIMMIGRANTS. 
(a) EXCEPTION FROM FOREIGN RESIDENCE RE-
QUIREMENT FOR EDUCATIONAL VISITORS.— 
(1) IN GENERAL.—Section 212(e) of the Immi-
gration and Nationality Act (8 U.S.C. 1182(e)) is 
amended, in the matter before the first proviso, by 
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inserting ‘‘unless the alien is a VAWA self-petitioner 
or an applicant for nonimmigrant status under 
101(a)(15)(T) or (U)’’ after ‘‘for an aggregate of at 
least two years following departure from the United 
States’’. 
(2) EFFECTIVE DATE.—The amendment made 
by this paragraph shall apply to aliens regardless of 
whether the foreign residence requirement under 
section 212(e) of the Immigration and Nationality 
Act arises out of an admission or acquisition of sta-
tus under section 101(a)(15)(J) of such Act, before, 
on, or after the date of enactment of this Act. 
(b) SELF-PETITIONING.—Section 204(a)(1)(A)(iii) of 
the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1154(a)(1)(A)(iii)) is amended— 
(1) in subclause (I)(bb), by inserting ‘‘or to 
conclude in a valid marriage’’ after ‘‘intended by the 
alien to be legally a marriage’’; 
(2) in subclause (II)(aa)— 
(A) by striking ‘‘or’’ at the end of subitem 
(BB); 
(B) by inserting ‘‘or’’ at the end of 
subitem (CC); and 
(C) by adding at the end the following new 
subitem: 
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‘‘(DD) who entered the 
United States as an alien 
described 
in 
section 
101(a)(15)(K) with the in-
tent to enter into a valid 
marriage and the alien (or 
child of the alien) was bat-
tered or subject to extreme 
cruelty by the United States 
citizen who filed the petition 
to accord status under such 
section;’’; 
(3) in subclause (II)(cc)— 
(A) by striking ‘‘or who’’ and inserting ‘‘, 
who’’; and 
(B) by inserting ‘‘, or who is described in 
subitem (aa)(DD)’’ before the semicolon; and 
(4) in subclause (II)(dd) by inserting ‘‘or who 
is described in subitem (aa)(DD)’’ before the period. 
(c) EXCEPTION FROM REQUIREMENT TO DEPART.— 
Section 214(d)(1) of the Immigration and Nationality Act 
(8 U.S.C. 1184(d)(1)) is amended by inserting before the 
period at the end the following: ‘‘unless the alien (and the 
child of the alien) entered the United States as an alien 
described in section 101(a)(15)(K) with the intent to enter 
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into a valid marriage and the alien or child was battered 
or subjected to extreme cruelty by the United States cit-
izen who filed the petition to accord status under such 
section’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this subsection shall apply to aliens admitted before, on, 
or after the date of enactment of this Act. 
(e) RELIEF FOR ABUSED FIANCE´S.— 
(1) CONFORMING APPLICATION IN CANCELLA-
TION OF REMOVAL.—Section 240A(b)(2)(A)(i) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1229b(b)(2)(A)(i)) is amended— 
(A) by striking ‘‘or’’ at the end of sub-
clause (II); 
(B) by adding ‘‘or’’ at the end of subclause 
(III); and 
(C) by adding at the end the following new 
subclause: 
‘‘(IV) the alien entered the 
United States as an alien described in 
section 101(a)(15)(K) with the intent 
to enter into a valid marriage and the 
alien (or the child of the alien who is 
described in such section) was bat-
tered or subject to extreme cruelty by 
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the United States citizen who filed the 
petition to accord status under such 
section;’’. 
(2) EXCEPTION TO RESTRICTION ON ADJUST-
MENT OF STATUS.—The second sentence of section 
245(d) of the Immigration and Nationality Act (8 
U.S.C. 1255(d)) is amended by inserting before the 
period the following: ‘‘, unless the alien is described 
in section 204(a)(1)(A)(iii)(II)(aa)(DD)’’. 
(3) APPLICATION UNDER SUSPENSION OF DE-
PORTATION.—Section 244(a)(3) of such Act (8 
U.S.C. 1254(a)(3)) (as in effect on March 31, 1997) 
shall be applied (as if in effect on such date) as if 
the 
phrase 
‘‘is 
described 
in 
section 
240A(b)(2)(A)(i)(IV) or’’ were inserted before ‘‘has 
been battered’’ the first place it appears. 
(4) EFFECTIVE DATE.—The amendments made 
by this subsection shall take effect on the date of the 
enactment of this Act and shall apply to aliens ad-
mitted before, on, or after such date. 
(f) VISA WAIVER ENTRANTS.— 
(1) IN GENERAL.—Section 217(b)(2) of the Im-
migration and Nationality Act (8 U.S.C. 1187(b)(2)) 
is amended by inserting ‘‘as a VAWA self-petitioner 
or for relief under section 101(a)(15)(T) or (U), 
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under 
section 
240A(b)(2), 
or 
under 
section 
244(a)(3) (as in effect on March 31, 1997),’’ after 
‘‘asylum,’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall take effect on the date of the 
enactment of this Act and shall apply to waivers 
provided under section 217(b)(2) of the Immigration 
and Nationality Act before, on, or after such date as 
if it had been included in such waivers. 
(g) ABUSED DERIVATIVES ACCESSING VAWA SELF- 
PETITIONING.—Section 204(a)(1)(B)(ii)(I) of the Immi-
gration 
and 
Nationality 
Act 
(8 
U.S.C. 
1154(a)(1)(B)(ii)(I)) is amended— 
(1) in subitem (CC) by inserting ‘‘or’’ at the 
end; and 
(2) by adding a new subitem (DD) as follows: 
‘‘(DD) who is or was 
the bona fide spouse of an 
alien who is now a Lawful 
Permanent Resident.’’. 
SEC. 205. BATTERED SPOUSE AND FAMILY MEMBER PRO-
TECTIONS. 
(a) 
SELF-PETITIONING
FOR
ABANDONED 
SPOUSES.— 
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(1) ABANDONED SPOUSES OF U.S. CITIZENS.— 
Section 204(a)(1)(A)(iii)(I)(bb) of the Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1154(a)(1)(A)(iii)(I)(bb)) is amended by inserting 
‘‘abandoned,’’ before ‘‘battered’’. 
(2) ABANDONED SPOUSES OF LAWFUL PERMA-
NENT
RESIDENTS.—Section 204(a)(1)(B)(ii)(I)(bb) 
of the Immigration and Nationality Act (8 U.S.C. 
1154(a)(1)(B)(ii)(I)(bb)) is amended by inserting 
‘‘abandoned,’’ before ‘‘battered’’. 
(b) IMPROVED
ACCESS
TO
VAWA SELF-PETI-
TIONING.— 
(1) ABUSED IMMIGRANT SPOUSES OF UNITED 
STATES CITIZENS.—Section 204(a)(1)(A) of the Im-
migration 
and 
Nationality 
Act 
(8 
U.S.C. 
1154(a)(1)(A)) is amended— 
(A) in clause (iii)(I)(bb) by striking ‘‘dur-
ing the marriage or relationship intended by the 
alien to be legally a marriage,’’; 
(B) in clause (iii)(II)(aa)(CC)(bbb) by 
striking ‘‘related to an incident of domestic vio-
lence’’; 
(C) in clause (iii)(II)(aa)— 
(i) by striking subitem (CC)(ccc); and 
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(ii) by inserting after (CC) the fol-
lowing: 
‘‘(DD) who was a bona 
fide spouse of a United 
States citizen whose mar-
riage was legally terminated. 
Applications under this sub-
section must be filed within 
2 years beginning on the 
date that the alien spouse 
receives actual notice of the 
final court order legally ter-
minating 
the 
marriage;’’; 
and 
(D) in clause (iii)(II)(dd) by inserting ‘‘at 
any time’’ before ‘‘resided with’’. 
(2) ABUSED IMMIGRANT SPOUSES OF LAWFUL 
PERMANENT RESIDENTS.—Section 204(a)(1)(B) of 
the Immigration and Nationality Act (8 U.S.C. 
1154(a)(1)(B)) is amended— 
(A) in clause (ii)(I)(bb) by striking ‘‘dur-
ing the marriage or relationship intended by the 
alien to be legally a marriage,’’; 
(B) in clause (ii)(II)(aa), by striking 
subitem (CC), and inserting the following: 
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‘‘(CC) who was a bona 
fide spouse of a lawful per-
manent resident within the 
past two years and whose 
spouse lost status within the 
past 2 years due to an inci-
dent of battering or extreme 
cruelty; or 
‘‘(DD) who was a bona 
fide spouse of a lawful per-
manent resident whose mar-
riage was legally terminated. 
Applications under this sub-
section must be filed within 
2 years beginning on the 
date that the alien spouse 
receives actual notice of the 
final court order legally ter-
minating 
the 
marriage;’’; 
and 
(C) in clause (ii)(II)(dd) is amended by in-
serting ‘‘at any time’’ before ‘‘resided with’’. 
(c) SURVIVAL OF RIGHTS TO SELF-PETITION.—Sec-
tion 204(h) of the Immigration and Nationality Act (8 
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U.S.C. 1154(h)) is amended by striking ‘‘was approved’’ 
and inserting ‘‘has been filed’’. 
(d) 
EXPANSION
OF
PROTECTIONS.—Section 
212(d)(5) of the Immigration and Nationality Act (8 
U.S.C. (d)(5)) is amended by adding at the end the fol-
lowing: 
‘‘(C) The Secretary of Homeland Security 
shall grant parole under subparagraph (A) to 
the following: 
‘‘(i) A VAWA self-petitioner whose pe-
tition was approved based on the petitioner 
or a child of the petitioner having been 
battered or subjected to extreme cruelty by 
a United States citizen spouse, parent, or 
son or daughter. 
‘‘(ii) A VAWA self-petitioner whose 
petition was approved based on the peti-
tioner or a child of the petitioner having 
been battered or subjected to extreme cru-
elty by a lawful permanent resident spouse 
or parent. 
‘‘(iii) An alien whose petition was ap-
proved or who qualifies to be classified as 
a 
nonimmigrant 
described 
in 
section 
101(a)(15)(U)(ii). 
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‘‘(iv) The child of an alien described 
in clauses (i), (ii), (iii), or (iv) of this sub-
section who is outside of the United States. 
‘‘(v) The child of an alien described in 
clauses (v) of this subsection who is out-
side of the United States. 
‘‘(D) The grant of parole under clause (i), 
(ii), or (iii) of subparagraph (C) shall extend 
from the date of approval of the applicable peti-
tion to the time the application for adjustment 
of status filed by aliens covered under such sub-
paragraphs has been finally adjudicated. Appli-
cations for adjustment of status filed by aliens 
covered under such clauses shall be treated as 
if they were applications filed under section 
204(a)(1)(A)(iii), (A)(iv), (B)(ii), or (B)(iii) for 
purposes of section 245(a) and (c). The grant 
of parole under subparagraph clause (iv) or (v) 
of such subparagraph shall extend from the 
date of the determination of the Secretary of 
State described in such subparagraph to the 
time the application for status under section 
101(a)(15)(U)(ii) has been finally adjudicated. 
Failure by any alien covered by subparagraph 
(C) to exercise due diligence in filing a visa pe-
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tition on the alien’s behalf may result in revoca-
tion of parole.’’. 
(e) SELF-PETITIONING BY CHILDREN OF BIGAMY.— 
(1) Section 201(a)(1)(A)(iv) of the Immigration 
and Nationality Act (8 U.S.C. 1154(a)(1)(A)(iv)) is 
amended to read as follows: 
‘‘(iv) An alien may file a petition with 
the Secretary under this subparagraph for 
classification of the alien (and any spouse 
or child of the alien) if the alien dem-
onstrates to the Secretary that the alien 
has been battered by or has been the sub-
ject of extreme cruelty perpetrated by the 
alien’s citizen parent and that the alien— 
‘‘(I)(aa) is the child or incapaci-
tated son or daughter of a citizen of 
the United States; 
‘‘(bb) was a child or incapaci-
tated son or daughter of a United 
States citizen parent who within the 
past 2 years lost or renounced citizen-
ship status; 
‘‘(cc) who believed that he or she 
was the child of a citizen of the 
United States— 
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‘‘(AA) because a marriage 
ceremony was actually performed 
between the U.S. citizen and 
alien’s other parent; and 
‘‘(BB) the alien’s other par-
ent otherwise meets any applica-
ble requirements under this Act 
to establish the existence of and 
bona fides of a marriage, but the 
marriage is not legitimate solely 
because of the bigamy of such 
citizen of the United States; or 
‘‘(dd) was a child of a United 
States citizen parent— 
‘‘(AA) who within the past 2 
years (or, if later, 2 years after 
the date the child attains 18 
years of age) died; or 
‘‘(BB) whose marriage to 
the alien’s parent was termi-
nated, including by divorce, an-
nulment, or by death of the nat-
ural parent or the abusive step-
parent; 
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‘‘(II) is a person of good moral 
character; 
‘‘(III) is eligible to be classified 
as an immediate relative under section 
1151(b)(2)(A)(i) of this title; and 
‘‘(IV) resides, or has resided in 
the past, with the citizen parent (for 
purposes of this clause, residence in-
cludes any period of visitation).’’. 
(2) Section 204(a)(1)(B)(iii) of the Immigration 
and Nationality Act (8 U.S.C. 1154(a)(1)(b)(iii)) is 
amended to read as follows: 
‘‘(iii) An alien may file a petition with 
the Secretary under this subparagraph for 
classification of the alien (and any spouse 
or child of then alien) under such section 
if the alien demonstrates to the Secretary 
that the alien has been battered by or has 
been the subject of extreme cruelty per-
petrated by the alien’s permanent resident 
parent and that the alien— 
‘‘(I)(aa) is the child or incapaci-
tated son or daughter of an alien law-
fully admitted for permanent resi-
dence; 
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‘‘(bb) was the child or incapaci-
tated son or daughter of a lawful per-
manent resident who within the past 2 
years lost lawful permanent resident 
status; 
‘‘(cc) believed that he or she was 
a child of an alien stepparent lawfully 
admitted for permanent residence— 
‘‘(AA) because a marriage 
ceremony was actually performed 
between the lawful permanent 
resident and alien’s other parent; 
and 
‘‘(BB) the alien’s other par-
ent otherwise meets any applica-
ble requirements under this Act 
to establish the existence of and 
bona fides of marriage, but the 
marriage is not legitimate solely 
because of the bigamy of such 
alien lawfully admitted for per-
manent residence; or 
‘‘(dd) was a child of a lawful per-
manent resident— 
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‘‘(AA) who within the past 2 
years (or, if later, 2 years after 
the date the child attains 18 
years of age) died; or 
‘‘(BB) whose marriage to 
the alien child’s parent was ter-
minated, including by divorce, 
annulment, or by death of the 
natural parent or the abusive 
stepparent; 
‘‘(II) is a person of good moral 
character, who is eligible for classi-
fication under section 1153(a)(2)(A) 
of this title; and 
‘‘(III) resides, or has resided in 
the past, with the alien’s permanent 
resident alien parent (for purposes of 
this clause, residence includes any pe-
riod of visitation).’’. 
(f) PROTECTION FOR CHILDREN OF VAWA SELF- 
PETITIONERS.—Section 204(l)(2) of the Immigration and 
Nationality Act (8 U.S.C. 1154(l)(2)) is amended— 
(1) in subparagraph (E), by striking ‘‘or’’ at 
the end; 
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(2) by redesignating subparagraph (F) as sub-
paragraph (G); and 
(3) by inserting after subparagraph (E) the fol-
lowing: 
‘‘(F) a child of an alien who filed a pend-
ing or approved petition for classification or ap-
plication for adjustment of status or other ben-
efit specified in section 101(a)(51) as a VAWA 
self-petitioner; or’’. 
(g) SELF-PETITIONING RIGHTS UNDER SECTION 
203 OF NACARA.—Section 309 of the Illegal Immigra-
tion and Reform and Immigrant Responsibility Act of 
1996 (division C of Public Law 104–208; 8 U.S.C. 1101 
note), as amended by section 203(a) of the Nicaraguan 
Adjustment and Central American Relief Act (8 U.S.C. 
1255 note; Public Law 105–100), is amended— 
(1) in subsection (c)(5)(C)(i)(VII)(aa), as 
amended by section 1510(b) of the Violence Against 
Women Act of 2000— 
(A) by striking ‘‘or’’ at the end of subitem 
(BB); 
(B) by striking ‘‘and’’ at the end of 
subitem (CC) and inserting ‘‘or’’; and 
(C) by adding at the end the following new 
subitem: 
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‘‘(DD) at the time at 
which the spouse or child 
files an application for sus-
pension of deportation or 
cancellation 
of 
removal; 
and’’; 
(2) in subsection (f), in paragraph (1), by in-
serting ‘‘including subsections (VI) and (VII)’’ after 
‘‘the alien is described in subsection (c)(5)(C)(i) of 
this section’’; and 
(3) in subsection (g)— 
(A) by inserting ‘‘(1)’’ before ‘‘Notwith-
standing’’; 
(B) by inserting ‘‘subject to paragraph 
(2),’’ after ‘‘section 101(a) of the Immigration 
and Nationality Act)),’’; and 
(C) by adding at the end the following new 
paragraph: 
‘‘(2) There shall be no limitation on a motion 
to reopen removal or deportation proceedings in the 
case of an alien who is described in subclause (VI) 
or (VII) of subsection (c)(5)(C)(i). Motions to re-
open removal or deportation proceedings in the case 
of such an alien shall be handled under the proce-
dures that apply to aliens seeking relief under sec-
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tion 204(a)(1)(A)(iii) of the Immigration and Na-
tionality Act.’’. 
SEC. 206. BATTERED SPOUSE WAIVERS AND CONDITIONAL 
RESIDENTS. 
(a) GROUNDS FOR HARDSHIP WAIVER FOR CONDI-
TIONAL
PERMANENT
RESIDENCE
FOR
INTENDED 
SPOUSES.—Section 216(c)(4) of the Immigration and Na-
tionality Act (8 U.S.C. 1186a(c)(4)) is amended— 
(1) in subparagraph (B)— 
(A) by inserting after ‘‘(other than through 
the death of the spouse)’’ the following: ‘‘, or 
the alien has filed for termination of marriage 
and shall furnish proof of termination prior to 
the time of adjudication,’’; and 
(B) by striking ‘‘or’’ at the end; 
(2) in subparagraph (C) by striking the period 
and inserting ‘‘, or’’; and 
(3) after subparagraph (C) by inserting the 
fol1lowing new subparagraph: 
‘‘(D) the alien meets the requirements 
under section 204(a)(1)(A)(iii)(II)(aa)(BB) and 
following the marriage ceremony has been bat-
tered by or was subject to extreme cruelty per-
petrated by his or her intended spouse and was 
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not at fault in failing to meet the requirements 
of paragraph (1).’’. 
(b) TECHNICAL CORRECTIONS.—Section 216(c)(4) of 
the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1186a(c)(4)), as amended by subsection (a), is further 
amended— 
(1) in the matter preceding subparagraph (A), 
by striking ‘‘The Attorney General, in the Attorney 
General’s’’ and inserting ‘‘The Secretary of Home-
land Security, in the Secretary’s’’; and 
(2) in the undesignated paragraph at the end— 
(A) in the first sentence, by striking ‘‘At-
torney General’’ and inserting ‘‘Secretary of 
Homeland Security’’; 
(B) in the second sentence, by striking 
‘‘Attorney General’’ and inserting ‘‘Secretary’’; 
(C) in the third sentence, by striking ‘‘At-
torney General.’’ and inserting ‘‘Secretary.’’; 
and 
(D) in the fourth sentence, by striking 
‘‘Attorney General’’ and inserting ‘‘Secretary’’. 
(c) GROUNDS FOR RELIEF.—Such section is further 
amended by adding at the end the following: ‘‘An applica-
tion for relief under this paragraph may be based on one 
or more grounds specified in subparagraphs (A) through 
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(D) and may be amended at any time to change the 
ground or grounds for such relief without the application 
being resubmitted.’’. 
(d) 
CONFORMING
AMENDMENT.—Section 
237(a)(1)(H)(ii) of such Act (8 U.S.C. 1227(a)(1)(H)(ii)) 
is amended by inserting before the period at the end the 
following: ‘‘or qualifies for a waiver under section 
216(c)(4)’’. 
(e) PROOF OF TERMINATION OF THE MARRIAGE DUE 
AT FINAL ADJUDICATION THE HARDSHIP WAIVER.—Sec-
tion 216(c)(4)(B) is amended by inserting ‘‘or the alien 
has filed for termination of marriage and will furnish 
proof of termination by the time of adjudication’’ after 
‘‘terminated (other than through the death of the 
spouse)’’; 
(f) CHILDREN OF CONDITIONAL RESIDENTS.—In the 
case of an alien who meets the requirements of subsection 
(c) the Secretary may adjust the status of any child of 
the 
alien 
as 
immediate 
relatives 
under 
section 
201(b)(2)(A)(i) (8 U.S.C. 1151). 
(g) EFFECTIVE DATES.— 
(1) The amendments made by subsection (a) 
shall apply as if included in the enactment of the Vi-
olence Against Women Act of 2000. 
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(2) The amendments made by subsections (b) 
and (c) shall apply to applications for relief pending 
or filed on or after April 10, 2003. 
(3) The amendments made by subsections (d) 
and (e) shall take effect upon enactment. 
SEC. 207. ASYLUM PROTECTIONS FOR VICTIMS OF VIO-
LENCE AGAINST WOMEN. 
(a) Section 101(a)(42) of the Immigration and Na-
tionality Act (8 U.S.C. 1101(a)(42)) is amended by adding 
at the end the following: 
‘‘For purposes of determinations under this Act, any 
group whose members share a characteristic that is either 
immutable or fundamental to identity, conscience, or the 
exercise of one’s human rights such that the person should 
not be required to change it, shall be deemed a particular 
social group, without any additional requirement.’’. 
(b) Section 208(b)(1)(B) of the Immigration and Na-
tionality Act (8 U.S.C. 1158(b)(1)(B)) is amended by in-
serting a new clause (iii), as follows, and renumbering 
thereafter: 
‘‘(iii) SUPPORTING EVIDENCE ACCEPT-
ED.—Direct or circumstantial evidence, in-
cluding evidence that the State is unable to 
protect the applicant or that the State, 
legal or social norms tolerate such persecu-
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tion against persons like the applicant, 
may establish that persecution is on ac-
count of race, religion, nationality, mem-
bership in a particular social group, or po-
litical opinion.’’. 
(c) Section 208(d)(6) of the Immigration and Nation-
ality Act (8 U.S.C. 1158(d)(6)) is amended— 
(1) by inserting ‘‘(A) IN
GENERAL—’’ after 
‘‘(6)’’; and 
(2) by adding at the end the following: 
‘‘(B) 
EXCEPTION.—Subparagraph 
(A) 
shall not apply to an alien who is otherwise eli-
gible for classification or status as a VAWA 
self-petitioner, 
as 
described 
in 
section 
101(a)(51) of this Act, or who is otherwise eli-
gible 
for 
status 
either 
under 
section 
101(a)(15)(T) or section 101(a)(15)(U) of this 
Act.’’. 
(d) SPOUSES AND CHILDREN OF ASYLUM APPLI-
CANTS UNDER ADJUSTMENT PROVISIONS.— 
(1) IN GENERAL.—Section 209(b)(3) of the Im-
migration and Nationality Act (8 U.S.C. 1159(b)(3)) 
is amended— 
(A) by inserting ‘‘(A)’’ after ‘‘(3)’’; and 
(B) by adding at the end the following: 
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‘‘(B) was the spouse of a refugee within 
the meaning of section 101(a)(42)(A) at the 
time the asylum application was granted; or 
‘‘(C) was the child of a refugee within the 
meaning of section 101(a)(42)(A) at the time 
the asylum application was filed,’’. 
(2) EFFECTIVE DATE.—The amendments made 
by paragraph (1) shall take effect on the date of the 
enactment of this Act and— 
(A) section 209(b)(3)(B) of the Immigra-
tion 
and 
Nationality 
Act 
(8 
U.S.C. 
1159(b)(3)(B)), as added by paragraph (1)(B), 
shall apply to spouses of refugees for whom an 
asylum application is granted before, on, or 
after such date; and 
(B) section 209(b)(3)(C) of such Act (8 
U.S.C. 1159(b)(3)(C)), as so added, shall apply 
with respect to the child of a refugee for whom 
an asylum application is filed before, on, or 
after such date. 
(e) CHILDREN OF REFUGEE OR ASYLEE SPOUSES 
AND CHILDREN.—A child of an alien who qualifies for ad-
mission as a spouse or child under section 207(c)(2)(A) 
or 208(b)(3) of the Immigration and Nationality Act (8 
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U.S.C. 1157(c)(2)(A) and 1158(b)(3)) shall be entitled to 
the same admission status as such alien if the child— 
(1) is accompanying or following to join such 
alien; and 
(2) is otherwise admissible under such section 
207(c)(2)(A) or 208(b)(3). 
(f) ELIMINATION OF ARBITRARY TIME LIMITS ON 
ASYLUM APPLICATIONS.—Section 208(a)(2) of the Immi-
gration and Nationality Act (8 U.S.C. 1158(a)(2)) is 
amended— 
(1) by striking subparagraph (B); 
(2) by redesignating subparagraphs (C) and 
(D) as subparagraphs (B) and (C), respectively; 
(3) in subparagraph (B), as redesignated, by 
striking ‘‘(D)’’ and inserting ‘‘(C)’’; 
(4) by striking subparagraph (C), as redesig-
nated, and inserting the following: 
‘‘(C) CHANGED
CIRCUMSTANCES.—Not-
withstanding subparagraph (B), an application 
for asylum of an alien may be considered if the 
alien demonstrates, to the satisfaction of the 
Attorney General, the existence of changed cir-
cumstances that materially affect the appli-
cant’s eligibility for asylum.’’; and 
(5) by striking subparagraph (E). 
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(g) PROTECTIONS FOR MINORS SEEKING ASYLUM.— 
Section 208 of the Immigration and Nationality Act (8 
U.S.C. 1158) is amended— 
(1) in subsection (a)(2), by adding at the end 
the following: 
‘‘(D) APPLICABILITY
TO
MINORS.—Sub-
paragraphs (A) and (B) do not apply to an ap-
plicant who is younger than 18 years of age on 
the earlier of— 
‘‘(i) the date on which the asylum ap-
plication is filed; or 
‘‘(ii) the date on which any Notice to 
Appear is issued.’’; and 
(2) in subsection (b)(3)(C), by striking ‘‘unac-
companied alien child (as defined in section 462(g) 
of the Homeland Security Act of 2002 (6 U.S.C. 
279(g))),’’ and inserting: ‘‘applicant who is younger 
than 18 years of age on the earlier of— 
‘‘(i) the date on which the asylum ap-
plication is filed; or 
‘‘(ii) the date on which any Notice to 
Appear is issued,’’. 
SEC. 208. PROTECTIONS FROM REMOVAL FOR VICTIMS. 
(a) EXCEPTION FOR VAWA SELF-PETITIONERS.— 
Section 212(a)(9)(B)(iii)(IV) of the Immigration and Na-
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tionality Act (8 U.S.C. 1182(a)(9)(B)(iii)(IV)) is amend-
ed— 
(1) by inserting ‘‘(I)’’ after ‘‘(6)(A)(ii)’’; and 
(2) by striking ‘‘if ‘violation of the terms of the 
alien’s nonimmigrant visa were substituted for un-
lawful entry into the United States’ in subclause 
(III) of that paragraph’’. 
(b) 
WAIVERS
FOR
ABUSED
ALIENS.—Section 
212(a)(9)(C)(iii) of the Immigration and Nationality Act 
(8 U.S.C. 1182(a)(9)(C)(iii)) is amended— 
(1) by inserting ‘‘or the Attorney General’’ 
after ‘‘Secretary of Homeland Security’’; and 
(2) by striking the language following ‘‘clause 
(i)’’ and inserting ‘‘for humanitarian purposes, to 
assure family unity, when it is otherwise in the pub-
lic interest, or in the case of an alien who is apply-
ing for or has a claim of relief as a VAWA self-peti-
tioner’’. 
(c) EXEMPTION FROM PUBLIC CHARGE GROUND.— 
(1) IN GENERAL.—Section 212(a)(4) of the Im-
migration and Nationality Act (8 U.S.C. 1182(a)(4)) 
is amended by adding at the end the following new 
subparagraph: 
‘‘(E) SPECIAL
RULE
FOR
QUALIFIED 
ALIEN
VICTIMS.—Subparagraphs (A) through 
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(C) shall not apply to an alien who is a VAWA 
self-petitioner, is an applicant or has been 
granted status under section 101(a)(15)(U), or 
is a qualified alien described in section 431(c) 
of the Personal Responsibility and Work Oppor-
tunity Reconciliation Act of 1996.’’. 
(2) 
CONFORMING
AMENDMENT.—Section 
212(a)(4)(C)(i) 
of 
such 
Act 
(8 
U.S.C. 
1182(a)(4)(C)(i)) is amended to read as follows: 
‘‘(i) the alien is described in subpara-
graph (E); or’’. 
(3) EFFECTIVE DATE.—The amendments made 
by this section shall take effect on the date of the 
enactment of this Act and shall apply regardless of 
whether the alien’s application was filed before, on, 
or after such date. 
(d) WAIVER FOR FALSE CLAIMS TO UNITED STATES 
CITIZENSHIP.—Section 212(a)(6)(C)(ii) of the Immigra-
tion and Nationality Act (8 U.S.C. 1182(a)(6)(C)(ii)) is 
amended— 
(1) by adding at the end the following new sub-
clause: 
‘‘(III) 
EXCEPTION.—An 
alien 
who is a VAWA self-petitioner shall 
not be considered to be inadmissible 
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under any provision of this subsection 
based on such representation.’’. 
(2) Section 101(f) of the Immigration and Na-
tionality Act (8 U.S.C. 1101(f)) is amended— 
(A) in the last sentence of this subsection, 
by striking ‘‘,’’ after ‘‘or violation that he or she 
was a citizen’’; and 
(B) by inserting ‘‘; or the alien is a VAWA 
self-petitioner;’’ after ‘‘violation that he or she 
was a citizen’’. 
(e) WAIVER
FOR
CERTAIN
VAWA SELF-PETI-
TIONERS.—Section 212(d)(11) of the Immigration and 
Nationality Act (8 U.S.C. 1182(d)(11)) is amended by 
adding at the end the following: ‘‘The Attorney General 
may waive the application of clause (i) of subsection 
(a)(6)(E) in the case of an alien who is a VAWA self- 
petitioner.’’. 
(f) WAIVER AUTHORIZED.—Section 212(a)(9)(A) of 
the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1182(a)(9)(A)) is amended by adding at the end the fol-
lowing new clause: 
‘‘(iv) WAIVER FOR VAWA SELF-PETI-
TIONER.—The Attorney General or the 
Secretary may waive the application of 
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clauses (i) or (ii) if the alien is applying 
for relief as a VAWA self-petitioner.’’. 
(g) CONFORMING RELIEF IN SUSPENSION OF DE-
PORTATION PARALLEL TO THE RELIEF AVAILABLE IN 
THE VIOLENCE AGAINST WOMEN ACT OF 2000 CAN-
CELLATION FOR BIGAMY.— 
(1) IN GENERAL.—Section 244(a)(3) of the Im-
migration 
and 
Nationality 
Act 
(8 
U.S.C. 
1254a(a)(3)) (as in effect before the title III–A ef-
fective date in section 309 of the Illegal Immigration 
Reform and Immigrant Responsibility Act of 1996) 
shall be applied as if ‘‘or by a United States citizen 
or lawful permanent resident whom the alien in-
tended to marry, but whose marriage is not legiti-
mate because of that United States citizen’s or per-
manent resident’s bigamy’’ were inserted after ‘‘by a 
spouse or parent who is a United States citizen or 
lawful permanent resident’’. 
(2) EFFECTIVE DATE.—The provisions of para-
graph (1) shall apply as if included in the enactment 
of the Violence Against Women Act of 2000. 
(h) APPLICATION OF VAWA MOTIONS TO REOPEN 
RULES CRIME VICTIMS.—Section 240(c)(7)(C)(iv) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1230(c)(7)(C)(iv)), as redesignated by section 101(d)(1) 
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of the REAL ID Act of 2005 (division B of Public Law 
109–13), is amended— 
(1) in the first clause by deleting ‘‘and par-
ents—’’ and adding ‘‘parents, trafficking victims 
and crime victims—’’; 
(2) by amending subclause (I) to read as fol-
lows: 
‘‘(I) if the basis for this motion is 
to apply for relief under sections 
101(a)(15)(T), 101(a)(15(U), 245(a), 
245(c), 245(l), 245(m), 240A(b)(2), 
and section 244(a)(3) (as in effect on 
March 31, 1997) or as a VAWA self- 
petitioner;’’; 
(3) by amending subclause (II) to read as fol-
lows: 
‘‘(II) if the motion is accom-
panied by a cancellation of removal or 
adjustment of status application to be 
filed with the Attorney General or by 
a copy of the self-petition, or the ap-
plication 
for 
relief 
under 
101(a)(15)(T) or (U), that has been 
or will be filed with the Department 
of Homeland Security upon the grant-
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ing of the motion to reopen; and’’; 
and 
(4) in the last paragraph of this section— 
(A) by inserting ‘‘or an alien who qualifies 
for classification under 101(a)(15(U)’’ after 
‘‘Act of 1996 (8 U.S.C. 1641(c)(1)(B))’’; and 
(B) by inserting ‘‘ or an alien that quali-
fies for classification under 101(a)(15)(U)’’. 
(i) IN GENERAL.—Section 241 of the Immigration 
and Nationality Act (8 U.S.C. 1231) is amended by add-
ing at the end the following new subsection: 
‘‘(h) Any alien with a pending application under 
101(a)(15)(T)(i) or T(i), 101(a)(15)(U)(i) or (U)(ii), 
101(a)(51), 240A(b)(2), or 244(a)(3) (as in effect on 
March 31, 1997), shall not be ordered removed under this 
section.’’. 
SEC. 209. NATURALIZATION. 
(a) IN GENERAL.—Section 319(a) of the Immigra-
tion and Nationality Act (8 U.S.C. 1430(a)) is amended 
to read as follows: 
‘‘(a)(1) Any person who is— 
‘‘(A) a spouse of citizen of the United States; 
or 
‘‘(B) any person who obtained status as a law-
ful permanent resident and who was battered or sub-
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jected to extreme cruelty by a United States citizen 
who is or was a spouse, parent, son or daughter; and 
‘‘(2) may be naturalized— 
‘‘(A) upon compliance with all the requirement 
of this title except the provisions of paragraph (1) 
of section 316(a); 
‘‘(B) if such person immediately preceding the 
date of filing his or her application for naturaliza-
tion has resided continuously, after being lawfully 
admitted for permanent residence, within the United 
States for at least three years; 
‘‘(C)(i) during the three years immediately pre-
ceding the date of filing his or her application has 
been living in marital union with the citizen spouse 
who has been a United States citizen during all of 
such period; and 
‘‘(ii) in the case of a person who has been bat-
tered or subjected to extreme cruelty by a United 
States citizen spouse, parent, son or daughter, the 
requirement of subsection (C)(i) shall not apply re-
gardless of whether the lawful permanent resident 
status was obtained on the basis of such battery or 
cruelty; 
‘‘(D) has been physically present in the United 
States for periods totally at least half of the time; 
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‘‘(E)(i) has resided within the State or district 
of the Services in the United States in which the ap-
plicant filed his or her application for at least three 
months; or 
‘‘(ii) applications for naturalization filed under 
paragraph (a)(1)(B) of this section shall be handled 
under the procedures that apply to aliens seeking re-
lief under section 101(a)(51) of the Immigration and 
Nationality Act; and 
‘‘(F) the provisions of section 204(a)(1)(J) 
shall apply in acting on an application under this 
subsection in the same manner as they apply in act-
ing on petitions referred to in such section.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of the enactment 
of this Act and shall apply to applications for naturaliza-
tion filed before, on, or after the date of the enactment 
of this Act. 
SEC. 210. GENERAL PROVISIONS. 
(a) EXPANSION
OF FEE WAIVERS
TO CONSULAR 
FEES AND ANY FEES IN REMOVAL PROCEEDINGS.—Sec-
tion 245(l)(7) of the Immigration and Nationality Act (8 
U.S.C. 1255(l)(7)) is amended to insert ‘‘the Secretary of 
State, an immigration judge, and the Board of Immigra-
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tion Appeals’’ after ‘‘The Secretary of Homeland Secu-
rity’’. 
(b) REVIEW
OF
EXTREME
CRUELTY.—Section 
204(a)(1) of the Immigration and Nationality Act (8 
U.S.C 1154(a)(1)) is amended by adding at the end the 
following: 
‘‘(M) For the purposes of this section and 
in all cases described in section 101(a)(51), 
under section 106, under section 240A(b)(2), or 
under section 244(a)(3) (as in effect on March 
31, 1997), the determination of the existence of 
extreme cruelty is a question of law applied ot 
facts and not a discretionary determination.’’. 
(c) 
ALLOWING
JUDICIAL
REVIEW
IN
VAWA 
CASES.—Section 242(e)(4) of the Immigration and Na-
tionality Act (8 U.S.C. 1252(e)(4)) is amended in sub-
paragraph (A)— 
(1) by striking ‘‘or’’; 
(2) by inserting ‘‘or’’ after ‘‘under section 
208,’’; and 
(3) by adding at the end the following new sub-
section: 
‘‘(C) is a VAWA self-petitioner, an appli-
cant for relief under section 101(a)(15)(T) or 
(U), an applicant for relief under section 
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240A(b)(2), or an applicant for relief under sec-
tion 244(a)(3) (as in effect on March 31, 
1997),’’. 
(d) 
VAWA 
UNIT
ADJUDICATIONS.—Section 
101(a)(51) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(51)) is amended by adding at the end the 
following new paragraph: 
‘‘(52) Applications for relief, adjustment of sta-
tus, employment authorization, parole, deferred ac-
tion, or naturalization, and all administrative deter-
minations relating to such applications under para-
graphs (15)(T), (15)(U), (27)(J), and (51) of this 
section, or under section 106 shall be adjudicated at 
the VAWA Unit of Vermont Service Center.’’. 
SEC. 211. TECHNICAL CORRECTIONS. 
(a) TECHNICAL CORRECTION.—Effective as if in-
cluded in the enactment of section 1505(c)(2) of Violence 
Against Women Act of 2000, section 237(a)(1)(H)(i)(II) 
of the Immigration and Nationality Act (8 U.S.C. 
1227(a)(1)(H)(i)(II)) is amended by striking the period 
at the end and inserting ‘‘; or’’. 
(b) ADDITIONAL TECHNICAL CORRECTION.—Section 
237(a)(7)(A)(i)(I) of the Immigration and Nationality Act 
(8 U.S.C. 1227(a)(7)(A)(i)(I)) is amended by striking ‘‘is 
self-defense’’ and inserting ‘‘in self-defense’’. 
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(c) IN GENERAL.—Section 204(a)(1) of the Immigra-
tion and Nationality Act (8 U.S.C. 1154(a)(1)) is amend-
ed— 
(1) in subparagraph (A)(iii)(II)(aa)(CC)(bbb), 
by striking ‘‘an incident of domestic violence’’ and 
inserting ‘‘battering or extreme cruelty by the 
United States citizen spouse’’; 
(2) in subparagraph (A)(iv), by striking ‘‘an in-
cident of domestic violence’’ and inserting ‘‘battering 
or extreme cruelty by such parent’’; 
(3) in subparagraph (A)(vii)(I), as added by 
section 816 of VAWA–2005, is amended by striking 
‘‘related to an incident of domestic violence’’ and in-
serting ‘‘related to battering or extreme cruelty by 
the United States citizen son or daughter’’; 
(4) in subparagraph (B)(ii)(II)(aa)(CC)(aaa), 
by striking ‘‘due to an incident of domestic violence’’ 
and inserting ‘‘related to battering or extreme cru-
elty by the lawful permanent resident spouse’’; and 
(5) in subparagraph (B)(iii), by striking ‘‘due 
to an incident of domestic violence’’ and inserting 
‘‘related to battering or extreme cruelty by such par-
ent’’. 
(d) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect as if included in the enact-
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ment of the Violence Against Women Act of 2000, except 
that the amendment made by subsection (a)(3) shall apply 
as if included in the enactment of VAWA–2005. 
(e) CORRECTION OF CROSS-REFERENCE TO CRED-
IBLE EVIDENCE PROVISIONS.— 
(1) VAWA SUSPENSION
OF
DEPORTATION.— 
Section 309(c)(5)(C)(iii) of the Illegal Immigration 
and Reform and Immigrant Responsibility Act of 
1996 (division C of Public Law 104–208; 8 U.S.C. 
1101 note), as amended by section 1510(b)(2) of the 
Violence Against Women Act of 2000, is amended 
by 
striking 
‘‘204(a)(1)(H)’’ 
and 
inserting 
‘‘204(a)(1)(J)’’. 
(2) EFFECTIVE DATE.—The amendments made 
by this section shall take effect as if included in the 
enactment of the Violence Against Women Act of 
2000. 
(f) MISCELLANEOUS
CORRECTIONS
TO
VAWA– 
2005.— 
(1) IN GENERAL.—Section 204(a)(1)(D) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1154(a)(1)(D)), is amended by striking ‘‘a petitioner 
for preference status under paragraph (1), (2), or 
(3) of section 203(a), whichever paragraph is appli-
cable’’ and inserting ‘‘to continue to be treated as an 
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immediate relative under section 201(b)(2)(A)(i), or 
to be a petitioner for preference status under section 
203(a)(3) if subsequently married or a petitioner for 
preference status under section 203(a)(2)(A), which-
ever is applicable’’. 
(2) EFFECTIVE DATE.—The amendments made 
by subsection (a) shall apply to applications filed be-
fore, on, or after the date of the enactment of the 
Violence Against Women Act of 2000. 
TITLE III—VAWA 
CONFIDENTIALITY 
SEC. 301. VAWA CONFIDENTIALITY IMPROVMENTS. 
(a) 
VAWA 
CONFIDENTIALITY
MOVED
FROM 
IIRAIRA.— 
(1) IN GENERAL.—The Illegal Immigration Re-
form and Immigration Responsibility Act of 1996 
(division C of Public Law 104–208; 8 U.S.C. 
1367(a)) is amended by striking section 384. 
(2) 
CONFORMING
AMENDMENT.—Section 
239(e)(1) of the Immigration and Nationality Act (8 
U.S.C. 1229(e)(1)) is amended by striking ‘‘section 
384 of the Illegal Immigration Reform and Immi-
grant Responsibility Act of 1996 (8 U.S.C. 1367)’’ 
and inserting ‘‘section 245B’’. 
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(b) INSERTION OF VAWA CONFIDENTIALITY IN THE 
INA.—The Immigration and Nationality Act (8 U.S.C. 
1101 et seq.) is amended by inserting after section 245A 
the following: 
‘‘SEC. 245B. CONFIDENTIALITY OF CERTAIN INFORMATION 
RELATING TO BATTERED ALIENS. 
‘‘(a) IN GENERAL.—Except as provided in subsection 
(c) of this section, enforcement official may not— 
‘‘(1) make an adverse determination, using in-
formation furnished by a VAWA perpetrator, on— 
‘‘(A) admissibility of an alien, 
‘‘(B) deportability of an alien, 
‘‘(C) detention of an alien, 
‘‘(D) any application for immigration relief 
of an alien, or 
‘‘(E) whether or not to initiate an enforce-
ment action against an alien, 
unless the alien has been convicted of a crime or 
crimes listed in section 237; or 
‘‘(2) permit use by or disclosure to anyone 
(other than a sworn officer or employee of the De-
partment, or bureau or agency thereof, for legiti-
mate Department, bureau, or agency purposes) of 
any information which relates to an alien who is the 
beneficiary of an application for relief under— 
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‘‘(A) paragraph (15)(T), (15)(U), or (51) 
of section 101(a); 
‘‘(B) section 106; 
‘‘(C) section 240A(b)(2); 
‘‘(D) section 287(h); or 
‘‘(E) section 244(a)(3) (as in effect prior 
to March 31, 1997). 
‘‘(b) DURATION OF LIMITATION ON DISCLOSURE.— 
Notwithstanding section 552 of title 5, United States 
Code, the limitation under paragraph (2) ends when the 
application for relief is denied and all opportunities for 
appeal of the denial have been exhausted. 
‘‘(c) EXCEPTIONS TO NONDISCLOSURE.— 
‘‘(1) IN THE SAME MANNER AS CENSUS INFOR-
MATION.—The Attorney General may provide, in the 
Attorney General’s discretion, for the disclosure of 
information in the same manner and circumstances 
as census information may be disclosed by the Sec-
retary of Commerce under section 8 of title 13, 
United States Code. 
‘‘(2) FOR LAW ENFORCEMENT PURPOSES.—The 
Attorney General may provide in the discretion of 
the Attorney General for the disclosure of informa-
tion to Federal law enforcement officials to be used 
solely for a legitimate law enforcement purpose. 
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‘‘(3) FOR PURPOSES OF JUDICIAL REVIEW.— 
Subsection (a) of this section shall not be construed 
as preventing disclosure of information in connection 
with judicial review of a determination in an immi-
gration case described in subsection (a) of an alien 
protected by this section in a manner that protects 
the confidentiality of such information. 
‘‘(4) IN ACCORDANCE WITH EXPLICIT WAIVER 
BY VICTIMS.—Subsection (a)(2) of this section shall 
not apply if all the battered individuals in the case 
are adults and they have all waived the restrictions 
of such subsection. 
‘‘(5) FOR PURPOSES OF DETERMINING ELIGI-
BILITY FOR BENEFITS.—The Attorney General and 
the Secretary of Homeland Security are authorized 
to disclose information, to Federal, State, and local 
public and private agencies providing benefits, to be 
used solely in making determinations of eligibility 
for benefits pursuant to section section 431(c) of the 
Personal Responsibility and Work Opportunity Rec-
onciliation Act of 1996 (8 U.S.C. 1641(c)), in a 
manner that protects the confidentiality of such in-
formation. 
‘‘(6) FOR PURPOSES OF CONGRESSIONAL OVER-
SIGHT.—Subsection (a) of this section may not be 
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construed to prevent the Attorney General and the 
Secretary of Homeland Security from disclosing to 
the chairmen and ranking members of the Com-
mittee on the Judiciary of the Senate or the Com-
mittee on the Judiciary of the House of Representa-
tives, for the exercise of congressional oversight au-
thority, information on closed cases under this sec-
tion in a manner that protects the confidentiality of 
such information and that omits personally identi-
fying information (including locational information 
about individuals). 
‘‘(7) FOR PURPOSES OF ASSISTING VICTIMS IN 
OBTAINING SERVICES.—Government entities adjudi-
cating applications for relief under subsection (a)(2) 
of this section, and government personnel carrying 
out mandated duties under section 101(i)(1), may, 
with the prior written consent of the alien involved, 
communicate with nonprofit, nongovernmental vic-
tims’ service providers for the sole purpose of assist-
ing victims in obtaining victim services from pro-
grams with expertise working with immigrant vic-
tims. Agencies receiving referrals are bound by the 
provisions of this section. Nothing in this paragraph 
shall be construed as affecting the ability of an ap-
plicant to designate a safe organization through 
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whom governmental agencies may communicate with 
the applicant. 
‘‘(d) PENALTIES
FOR
VIOLATION.—Anyone who 
knowingly uses, publishes, or permits information to be 
disclosed in violation of this section or who knowingly 
makes a false certification under section 239(e) shall be 
subject to appropriate disciplinary action and subject to 
a civil money penalty of not more than $5,000 for each 
such violation. 
‘‘(e) GUIDANCE.—The Attorney General and the Sec-
retary of Homeland Security shall provide guidance to of-
ficers and employees of the Department of Justice or the 
Department of Homeland Security who have access to in-
formation covered by this section regarding the provisions 
of this section, including the provisions to protect victims 
of domestic violence from harm that could result from the 
inappropriate disclosure of covered information. 
‘‘(f) REQUIREMENT
TO
PROVIDE
INFORMATION 
ABOUT ELIGIBILITY FOR IMMIGRATION RELIEF.—When 
information is furnished by a VAWA perpetrator, the Fed-
eral, State, or local agency receiving the information shall, 
within 24 hours, provide to the alien to whom the informa-
tion pertains informational materials about eligibility for 
relief 
under 
sections 
101(a)(51), 
101(a)(15)(T), 
101(a)(15)(U), 287(h), 106, 240A(b)(2), 244(a)(3) (as in 
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effect on March 31, 1997) along with referrals to local 
victim services agencies. 
‘‘(g) DEFINITIONS.—In this section: 
‘‘(1) The term ‘enforcement officer’ means— 
‘‘(A) the Attorney General; 
‘‘(B) the Secretary of Homeland Security; 
‘‘(C) the Secretary of State; 
‘‘(D) any other official or employee of the 
Department of Homeland Security, the Depart-
ment of Justice, or the Department of State 
(including any bureau or agency of either of 
any such Department); or 
‘‘(E) any other State or Federal Govern-
ment officer or employee. 
‘‘(2) The term ‘VAWA perpetrator’ means, with 
regard to an alien— 
‘‘(A) a spouse, parent, son, or daughter 
who has battered the alien or subjected the 
alien to extreme cruelty; 
‘‘(B) a member of the family of the spouse, 
parent, son, or daughter of the alien, who has 
battered the alien or subjected the alien to ex-
treme cruelty; 
‘‘(C) a spouse, parent, son, or daughter of 
the alien who has battered the alien’s child or 
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subjected the alien’s child to extreme cruelty 
(without the active participation of the alien in 
the battery or extreme cruelty); 
‘‘(D) a member of the family of the spouse, 
parent, son, or daughter of the alien who has 
battered the alien’s child or subjected the 
alien’s child to extreme cruelty when the 
spouse, parent, son, or daughter consented to 
or acquiesced in such battery or cruelty and the 
alien did not actively participate in such battery 
or cruelty; 
‘‘(E) in the case of an alien subjected to 
criminal 
activities 
listed 
in 
section 
101(a)(15)(U)(iii), or an alien applying for sta-
tus under section 101(a)(15)(U), the perpe-
trator of the criminal activity; 
‘‘(F) in the case of an alien subjected to a 
severe form of human trafficking or applying 
for status— 
‘‘(i) under section 101(a)(15)(T), 
‘‘(ii) 
under 
section 
7105(b)(1)(E)(i)(II)(bb) of title 22, United 
States Code, 
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‘‘(iii) under section 244(a)(3) of this 
Act (as in effect prior to March 31, 1999), 
or 
‘‘(iv) as a VAWA self-petitioner (as 
defined in section 101(a)(51)), 
the trafficker or perpetrator; or 
‘‘(G) in the case of an alien who is— 
‘‘(i) a VAWA self petitioner (as de-
fined in section 101(a)(51)), or 
‘‘(ii) an alien described in section 106, 
240A(b)(2), 287(h), or 244(a)(3) (as in ef-
fect on March 31, 1997), 
a spouse, parent, son or daughter of the alien or a 
member of the family of such spouse, parent, son or 
daughter who battered the alien (or the alien’s child) 
or subjected the alien (or the alien’s child) to bat-
tering or extreme cruelty.’’. 
(c) VAWA CONFIDENTIALITY
IN REMOVAL PRO-
CEEDINGS.—Section 239(e) of the Immigration and Na-
tionality Act (8 U.S.C. 1229(e)) is amended— 
(1) in paragraph (1), by inserting after ‘‘an 
alien at’’ the following: ‘‘or within 500 yards of’’; 
and 
(2) in paragraph (2)(A), by inserting after ‘‘su-
pervised visitation center’’ the following: ‘‘hospital, 
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Federally qualified health center, governmental and 
nongovernmental child, elder and adult protective 
services agency, school and head start program, reli-
gious or faith-based organization’’. 
(d) EXPANSION OF DEFINITION OF VAWA SELF-PE-
TITIONER.—Section 101(a)(51) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(51)) is amended— 
(1) in subparagraph (F), by striking ‘‘or’’ at 
the end; 
(2) in subparagraph (G), by striking the period 
at the end and inserting the following: ‘‘;’’; and 
(3) by adding at the end the following: 
‘‘(H) section 106; and 
‘‘(I) special immigrant juveniles described 
in section 287(h).’’. 
(e) ADDITIONAL
REQUIREMENTS
FOR
SECTION 
287(g) AGREEMENTS.—Section 287(g) of the Immigra-
tion and Nationality Act (8 U.S.C. 1357(g)) is amended 
by adding at the end the following: 
‘‘(11)(A) All agreements (new or renewed) 
under this subsection executed by the Attorney Gen-
eral after the date of enactment of this subpara-
graph shall require that an officer or employee of a 
State or political subdivision of a State performing 
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‘‘(iv) the number of T-visa certifications 
issued. 
‘‘(C) The Secretary of Homeland Security shall 
submit an annual report to Congress listing the 
name of each State or subdivision and the informa-
tion provided under subparagraph (B).’’. 
TITLE IV—TRAINING 
IMPROVEMENTS 
SEC. 401. TRAINING. 
(a) TRAINING OF IMMIGRATION JUDGES IN THE EX-
ECUTIVE OFFICE OF IMMIGRATION REVIEW.—Personnel 
of the Department of Homeland Security, the Department 
of Justice and the State Department who are in a position 
to come in contact with alien victims of crime shall be 
trained in identifying, making determinations regarding 
and providing for the protection of crime victims who have 
or may be eligible to apply for relief under Immigration 
and 
Nationality 
Act 
sections 
101(a)(15)(T), 
101(a)(15)(U), 101(a)(51), 106, 240A(b)(2), 244(a)(3) 
(as 
in 
effect 
on 
March 
31, 
1999) 
or 
section 
107(b)(1)(E)(i)(II)(bb) of the Trafficking Victims Protec-
tion Act of 2000 (22 U.S.C. 710). Trainings developed 
under this paragraph shall include information on the 
range of forms of immigration relief available to help im-
migrant crime victims and the requirements of VAWA 
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confidentiality 384 of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1367). 
Officials to receive ongoing training include but are not 
limited to— 
(1) Department of Justice— 
(A) immigration judges; 
(B) the Board of Immigration Appeals; 
and 
(C) officials responsible for investigating, 
prosecuting and adjudicating VAWA confiden-
tiality violations of section 384 of the Illegal 
Immigration Reform and Immigrant Responsi-
bility Act of 1996 (8 U.S.C. 1367); 
(2) Department of Homeland Security— 
(A) the Administrative Appeals Unit em-
ployees; 
(B) VAWA Unit employees; 
(C) officials responsible for investigating, 
prosecuting and adjudicating VAWA confiden-
tiality violations of section 384 of the Illegal 
Immigration Reform and Immigrant Responsi-
bility Act of 1996 (8 U.S.C. 1367); 
(D) personnel involved in immigration en-
forcement at Immigration and Customs En-
forcement and Customs and Border Patrol; 
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(E) Immigration and Customs Enforce-
ment trial attorneys; and 
(F) all personnel involved in managing or 
supervising the VAWA Unit or ICE trial attor-
neys; and 
(3) Department of State— 
(A) consular officials; and 
(B) officials responsible for coordination of 
State Department efforts regarding application 
for relief under Immigration and Nationality 
Act sections 101(a)(15)(T), 101(a)(15)(U), 
101(a)(51), 106, 240A(b)(2), 244(a)(3) (as in 
effect 
on 
March 
31, 
1999) 
or 
section 
107(b)(1)(E)(i)(II)(bb) of the Trafficking Vic-
tims Protection Act of 2000 (22 U.S.C. 710). 
(b) Any training program conducted in satisfaction 
of the requirement of paragraph (a) has been or will be 
developed with input from and in collaboration nonprofit, 
nongovernmental experts with experience working with im-
migrant victims of domestic violence, sexual assault, or 
human trafficking. 
(c) Within 180 days after the effective date of this 
act, the Secretary of the Department of Homeland Secu-
rity, the Attorney General, and the Department of State 
shall in consultation with the Office of Policy and Strategy 
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of U.S. Citizenship and Immigration Services shall estab-
lish program for ongoing training described in paragraph 
(a) and shall craft and implement policies and protocols 
on the appropriate handling of cases involving victims de-
scribed in or who have filed cases under Immigration and 
Nationality Act sections 101(a)(15)(T), 101(a)(15)(U), 
101(a)(51), 106, 240A(b)(2), 244(a)(3) (as in effect on 
March 31, 1999) or section 107(b)(1)(E)(i)(II)(bb) of the 
Trafficking Victims 14 Protection Act of 2000 (22 U.S.C. 
710). All policies and procedures developed pursuant to 
this section shall be made publically available and posted 
on the DHS website. 
(d) ACCREDITED REPRESENTATIVE-VICTIM CLIENT 
PRIVILEGE.— 
(1) 
EXTENDING
STATE
VICTIM-ADVOCATE 
PRIVILEGE
LAWS
TO
ACCREDITED
REPRESENTA-
TIVES.—It is the Sense of Congress that all States 
should promulgate victim-advocate privilege laws and 
that State victim-advocate privilege laws should be 
implemented in a manner that extends victim-advo-
cate privilege to accredited representatives working 
for community-based organizations recognized by the 
Board of Immigration Appeals in the representation 
of victims in cases filed with the Department of 
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Homeland Security, the Board of Immigration Ap-
peals or immigration judges. 
(2) REGULATIONS
AMENDED
TO
OFFER
AC-
CREDITED
REPRESENTATIVE
PRIVILEGE.—Within 
180 days of enactment, the Board of Immigration 
Appeals shall amend 8 C.F.R. 292.1(a)(4) to extend 
privilege co-extensive with attorney client privilege to 
accredited representatives and qualified recognized 
organizations to whom the Board of Immigration 
Appeals has provided recognition or accreditation. 
SEC. 402. SERVICES FOR TRAFFICKING VICTIMS. 
(a) ACCESS TO VICTIM’S SERVICES.— 
(1) Subsection 107(c) of the Trafficking Vic-
tims Protection Act of 2000 is amended— 
(A) by deleting paragraph (2) and replac-
ing it with the following new paragraph: 
‘‘(2) ACCESS
TO
INFORMATION
AND
SERV-
ICES.—Victims and potential victims of severe forms 
of trafficking shall have access to information about 
their legal rights and shall be provided translation 
services. A list of victim services agencies shall be 
provided within 24 hours of discovery of a potential 
victim. Potential victims shall not be placed in any 
local, State, or Federal jail or detention facility un-
less it has clearly been ascertained that an individual 
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is not a victim of a severe form of trafficking in per-
sons.’’. 
(B) in paragraph (3) by deleting ‘‘Federal 
law enforcement officials’’ and inserting ‘‘Any 
Federal and local law enforcement agents au-
thorized to investigate trafficking in persons 
crimes’’. 
(2) Section 103 of the trafficking victims pro-
tection act of 2000 is amended by adding at the end 
the following new subsection: 
‘‘(15) the term ‘victim services’ means a non-
profit, nongovernmental organization that assists 
trafficking victims, including trafficking, battered 
women and sexual assault crisis centers, trafficking 
and battered women’s shelters, and other trafficking, 
sexual assault or domestic violence programs, includ-
ing nonprofit, nongovernmental organizations assist-
ing trafficking victims through the legal process.’’. 
(3) EFFECTIVE DATE.—The amendments made 
by this section shall take effect on the date of the 
enactment of this Act. 
(b) CONFORMING AMENDMENTS FOR PUBLIC AND 
ASSISTED HOUSING.—Section 214 of the Housing and 
Community Development Act of 1980 (42 U.S.C. 1436a) 
is amended— 
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(1) by amending subsection (a) to read as such 
subsection would have read if the amendments to 
such subsection made by section 3(b) of Public Law 
106–504 were made to such subsection rather than 
to section 214(a) of the Housing Community Devel-
opment Act of 1980; 
(2) in subsection (a), as amended by paragraph 
(1) of this subsection— 
(A) in paragraph (6), by striking ‘‘or’’ at 
the end; 
(B) by redesignating paragraph (7) as 
paragraph (8); and 
(C) by inserting after paragraph (6) the 
following new paragraph: 
‘‘(7) a qualified alien, as such term is defined 
in section 431 of the Personal Responsibility and 
Work Opportunity Reconciliation Act of 1996 (8 
U.S.C. 1641); or’’; and 
(3) in subsection (c)— 
(A) in paragraph (1)(A), by striking ‘‘(6)’’ 
and inserting ‘‘(8)’’; and 
(B) in paragraph (2)(A), in the matter 
preceding clause (i), by inserting ‘‘(other than 
a qualified alien, as such term is defined in sec-
tion 431 of the Personal Responsibility and 
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Work Opportunity Reconciliation Act of 1996 
(8 U.S.C. 1641)’’ after ‘‘any alien’’. 
(c) IMPROVING ACCESS
TO BENEFITS
FOR IMMI-
GRANT VICTIMS.— 
(1) IN GENERAL.—The Secretary of Health and 
Human Services, in consultation with the Secretary 
of Housing and Urban Development and Secretary 
of Department of Agriculture and the and Secretary 
of the Department of Education, shall develop an in-
formation pamphlet, as described in paragraph (2), 
on legal rights for immigrant victims to access pub-
lic benefits and distribute and make such pamphlet 
available as described in paragraph (5). In preparing 
such materials, the Secretary of Health and Human 
Services shall consult with nongovernmental organi-
zations with expertise on the legal rights to public 
benefits access for immigrant victims of battery, ex-
treme cruelty, sexual assault, and other crimes. 
(2) INFORMATION
PAMPHLET.—The informa-
tion pamphlet developed under paragraph (1) shall 
include information on the following: 
(A) Definition of Qualified Immigrants eli-
gible for Federal public benefits. 
(B) Housing rights of qualified immigrant. 
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(C) Federal- and State-funded housing 
programs open to all immigrants including 
emergency shelter and transitional housing for 
up to two years. 
(D) Qualified immigrant access to post- 
secondary financial aid, grants and loans. 
(E) Qualified immigrant access to Federal 
means tested public benefits including access 
to— 
(i) Medicaid; 
(ii) Medicaid and SCHIP for qualified 
immigrant children and pregnant women; 
(iii) food stamps; 
(iv) food stamps for qualified immi-
grant children; 
(v) SSI; 
(vi) TANF; 
(vii) child care; and 
(viii) foster care/adoption assistance, 
child support services. 
(F) Legal rights of immigrants to access 
programs, resources and services that are— 
(i) necessary to protect life and safety; 
(ii) medical assistance under title XIX 
of the Social Security Act; 
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(iii) short-term, non-cash, in-kind 
emergency disaster relief; 
(iv) public health assistance for immu-
nizations and treatment for symptoms of 
communicable diseases; 
(v) programs for housing or commu-
nity development assistance or financial as-
sistance administered by the secretary of 
HUD; 
(vi) HHS HRSA funded health care 
programs; and 
(vii) State-funded benefits. 
(G) Resources through which victims can 
obtain referrals to programs in their community 
and/or State that provide advocacy, social serv-
ices, legal services and other supportive services 
to immigrant victims of domestic violence, sex-
ual assault, human trafficking, elder abuse or 
crime victims. 
(3) TRANSLATION.—In order to best serve the 
language groups having the greatest concentration of 
immigrants seeking public benefits, the information 
pamphlet developed under paragraph (1) shall, sub-
ject to subparagraph (B), be translated by the Sec-
retary of Health and Human Services into foreign 
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languages that at a minimum include the top 15 lan-
guages of legal permanent residents and shall be re-
sponsible for reviewing these languages every 5 years 
and adding additional languages accordingly such 
other languages as the Secretary of State, in the 
Secretary’s discretion, may specify. 
(4) AVAILABILITY AND DISTRIBUTION.—The in-
formation pamphlet developed under paragraph (1) 
shall be made available and distributed as follows: 
(A) The Federal agencies described in sub-
paragraph (C) shall distribute the pamphlet de-
veloped under subparagraph (1) to all— 
(i) agency grantees; 
(ii) State agencies responsible for 
granting Federal public benefits; and 
(iii) public housing authorities. 
(B) POSTING
ON
FEDERAL
WEBSITES.— 
The pamphlet developed under paragraph (1) 
shall be accessibly posted on the Websites of 
each of the Federal Government agencies listed 
in subparagraph (C). 
(C) RESPONSIBLE FEDERAL AGENCIES.— 
(i) Department of Health and Human 
Services; 
(ii) Department of Agriculture; 
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(iii) Department of Housing and 
Urban Development; 
(iv) Department of Education; and 
(v) Department of Homeland Secu-
rity. 
(5) DEADLINE FOR PAMPHLET DEVELOPMENT 
AND DISTRIBUTION.—The pamphlet developed under 
paragraph (1) shall be distributed and made avail-
able (including in the languages specified under 
paragraph (4)) not later than 180 days after the 
date of the enactment of this Act. 
(d) EFFECTIVE DATE.—The amendments made by 
this section apply to applications for public benefits and 
public benefits provided on or after the date of the enact-
ment of this Act without regard to whether regulations 
to carry out such amendments are implemented. 
SEC. 403. ENCOURAGING CUSTODY DETERMINATIONS AND 
VAWA CONFIDENTIALITY PROTECTIONS IN 
STATE COURTS. 
Subtitle J of title IV of the Violence Against Women 
Act of 1994 (42 U.S.C. 14043 et seq.) is amended— 
(1) in paragraph (2) of section 41002, by in-
serting ‘‘(including under 8 U.S.C. 1367), U-visa 
certification under the Immigration and Nationality 
Act Section 214(p),’’ after ‘‘confidentiality’’; and 
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(2) in section 41003— 
(A) in paragraph (2)(B), by striking ‘‘and’’ 
after the semicolon; 
(B) in paragraph (C), by striking the pe-
riod and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(3) Priority should given to applicans in which 
the grantee’s trainings and organizational policies, 
practices, procedures, and rules encourage judges 
issuing protection orders to include child custody 
provisions in the protection order when the parties 
before the court have a child in common.’’. 
SEC. 404. IMPROVING LANGUAGE ACCESS TO SERVICES 
PROVIDED UNDER THE VIOLENCE AGAINST 
WOMEN’S ACT OF 1994 FOR PERSONS WITH 
LIMITED ENGLISH PROFICIENCY. 
(a) GOALS.— 
(1) To improve access to programs, activities, 
and services for victims of violence and other indi-
viduals who, as a result of national origin, are lim-
ited in their English proficiency. 
(2) To ensure that the programs, activities, and 
services for victims of violence that are normally 
provided in English are accessible to victims and 
other individuals with Limited English Proficiency 
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and thus do not discriminate on the basis of national 
origin in violation of title VI of the Civil Rights Act 
of 1964, as amended, and its implementing regula-
tions. 
(3) To confirm that violation of language access 
rights for Limited English Proficient individuals is 
a violation of the protections against discrimination 
based on national origin protected by the Civil 
Rights Act of 1964. 
(4) To restore the right of Limited English 
Proficient individuals to a private right of action to 
enforce all Title VI protection including disparate 
impact protections. 
(5) To provide a statutory definition of ‘‘limited 
English proficient’’ that is consistent with the defini-
tion set forth by the DOJ LEP Guidance, 67 Fed. 
Reg. 41455, 41459 (June 18, 2002). 
(b) DEFINITION.—Limited English Proficient— 
(1) ‘‘Limited English Proficient’’ means individ-
uals who— 
(A) who do not speak English as their pri-
mary language; and 
(B) who have a limited ability to 
(i) read; 
(ii) write; 
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(iii) speak; or 
(iv) understand English. 
(2) If an individual described in subsection (A) 
meets any one of the requirements of subsections 
(B)(i), B(ii), B(iii), or B(iv) the individual is limited 
English proficient without regard to the fact that 
the individual may speak some English. 
(c) ENFORCEMENT WITH REGARD TO GOVERNMENT 
ENTITIES.— 
(1) CIVIL ACTIONS FOR INJUNCTIVE RELIEF.— 
(A) VICTIMS
AGGRIEVED; INTERVENTION 
BY ATTORNEY GENERAL; LEGAL REPRESENTA-
TION; COMMENCEMENT
OF
ACTION
WITHOUT 
PAYMENT
OF
FEES, COSTS, OR
SECURITY.— 
Whenever there are reasonable grounds to be-
lieve that a Federal, State or local government 
entity has denied a person access to programs, 
activities, or services on the basis of their lim-
ited English Proficiency and in violation of title 
VI of the Civil Rights Act of 1964, a civil ac-
tion for preventive relief, including an applica-
tion for a permanent or temporary injunction, 
restraining order, or other order, may be insti-
tuted by the person aggrieved and, upon timely 
application, the Attorney General may intervene 
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in such civil action. Upon application by the 
complainant and in such circumstances as the 
court may deem just, the court may appoint an 
attorney for such complainant and may author-
ize the commencement of the civil action with-
out the payment of fees, costs, or security. 
(B) ATTORNEY’S
FEES; 
LIABILITY
OF 
UNITED
STATES
FOR
COSTS.—In any action 
commenced pursuant to this subchapter, the 
court, in its discretion, may allow the prevailing 
party, other than the United States, a reason-
able attorney’s fee as part of the costs, and the 
United States shall be liable for costs the same 
as a private person. 
(C) STATE OR LOCAL ENFORCEMENT PRO-
CEEDINGS; NOTIFICATION OF STATE OR LOCAL 
AUTHORITY; 
STAY
OF
FEDERAL
PRO-
CEEDINGS.—In the case of an alleged act or 
practice prohibited by this subchapter which oc-
curs in a State, or political subdivision of a 
State, no civil action may be brought under 
subsection (a) of this section before the expira-
tion of thirty days after written notice of such 
alleged act or practice has been given to the ap-
propriate State or local authority by registered 
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