I
106TH CONGRESS
2D SESSION
H. R. 4966
To amend the Immigration and Nationality Act to restore fairness to
immigration law, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JULY 26, 2000
Mr. CONYERS (for himself, Ms. JACKSON-LEE of Texas, Mrs. MORELLA, Ms.
ROYBAL-ALLARD, Mr. GUTIERREZ, Mr. CLYBURN, Mr. UNDERWOOD,
Mrs. MEEK of Florida, Mr. FRANK of Massachusetts, Mr. BERMAN, Mr.
NADLER, Ms. WATERS, Mr. DELAHUNT, Mr. WEINER, Mr. FILNER, Ms.
LEE, Ms. SCHAKOWSKY, Mr. HASTINGS of Florida, Mr. KENNEDY of
Rhode Island, Mr. MCDERMOTT, Mr. SERRANO, Mr. FROST, Mr. CROW-
LEY, Ms. MILLENDER-MCDONALD, Ms. BROWN of Florida, Mrs. MINK of
Hawaii, and Mr. BISHOP) introduced the following bill; which was re-
ferred to the Committee on the Judiciary
A BILL
To amend the Immigration and Nationality Act to restore
fairness to immigration law, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; AMENDMENTS TO IMMIGRATION
AND NATIONALITY ACT; TABLE OF CON-
TENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Restoration of Fairness in Immigration Law Act of
2000’’.
(b) AMENDMENTS TO IMMIGRATION AND NATION-
ALITY ACT.—Except as otherwise specifically provided in
this Act, whenever in this Act an amendment or repeal
is expressed as the amendment or repeal of a section or
other provision, the reference shall be considered to be
made to that section or provision in the Immigration and
Nationality Act.
(c) TABLE OF CONTENTS.—The table of contents of
this Act is as follows:
Sec. 1. Short title; amendments to Immigration and Nationality Act; table of
contents.
TITLE I—DUE PROCESS IN IMMIGRATION PROCEEDINGS
Subtitle A—Judicial Review in Immigration Proceedings
Sec. 101. Judicial review of administrative remedies and habeas corpus.
Sec. 102. Judicial review of asylum determinations.
Sec. 103. Judicial review of decisions concerning apprehension and detention of
aliens.
Sec. 104. Judicial review of decisions concerning document fraud waivers.
Sec. 105. Judicial review of orders issued in absentia.
Sec. 106. Judicial review of denial of request for order of voluntary departure.
Sec. 107. Transitional changes in judicial review.
Subtitle B—Fairness in Removal Proceedings
Sec. 111. Equitable burden of proof for admissibility.
Sec. 112. Presumption in favor of withdrawal of application for admission.
Sec. 113. Absences outside the control of the alien.
Sec. 114. Reinstatement of removal orders against aliens illegally reentering.
Subtitle C—Fairness in Detention
Sec. 121. Restoring discretionary authority to the Attorney General in cases of
individuals who pose no risk to safety or of fleeing.
Sec. 122. Periodic review of detention determination.
Sec. 123. Limitation on indefinite detention.
Sec. 124. Pilot program to consider alternatives to detention.
Sec. 125. Elimination of mandatory detention in expedited removal proceedings.
Sec. 126. Right to counsel.
Sec. 127. Clarification of intent of transitional provision on references to re-
moval orders.
Subtitle D—Consular Review of Visa Applications
Sec. 131. Establishment of a Board of Visa Appeals.
Sec. 132. Nondiscrimination provisions.
TITLE II—FAIRNESS AND EQUITY IN CASES INVOLVING
PREVIOUS AND MINOR MISCONDUCT
Subtitle A—Increased Fairness and Equity Concerning Removal Proceedings
Sec. 201. Equitable definition of ‘‘crime involving moral turpitude’’.
Sec. 202. Equitable application and definition of ‘‘aggravated felony’’.
Sec. 203. Equitable definitions of ‘‘conviction’’ and ‘‘term of imprisonment’’.
Sec. 204. Equitable definition of ‘‘crimes of moral turpitude’’.
Sec. 205. Restoration of fairness in equitable relief for long-time legal perma-
nent residents.
Sec. 206. Restoration of fairness in equitable relief for other noncitizens.
Sec. 207. Eliminating unfair retroactive changes in removal rules for persons
subject to pending proceedings.
Sec. 208. Eliminating unfair retroactive changes in removal rules for persons
previously removed.
Subtitle B—Increased Fairness and Equity Concerning 5-Year Bars to
Admission and Other Grounds for Exclusion
Sec. 211. Limiting 5-year bar to admission to persons who willfully fail to at-
tend removal proceedings.
Sec. 212. Limiting 5-year bar to admission to persons who willfully violate stu-
dent visa conditions.
Sec. 213. Limiting ban on admissibility to persons who willfully make false
claims for citizenship.
Sec. 214. Equitable waiver of inadmissibility for minor criminal offenses.
Sec. 215. Reducing length of duration of bars to inadmissibility.
TITLE III—ENCOURAGING FAMILY REUNIFICATION
Subtitle A—Reuniting Family Members
Sec. 301. Visa for spouses and children of permanent residents temporarily
waiting for visa numbers.
Sec. 302. Refugee status for unmarried sons and daughters of refugees.
Sec. 303. Asylee status for unmarried sons and daughters of asylees.
Sec. 304. Protection against processing delays.
Subtitle B—Limited Waiver of Grounds of Admissibility
Sec. 311. Discretionary waiver in cases involving family members.
Sec. 312. Discretionary waiver in document cases involving family members.
Sec. 313. Discretionary waiver to admit persons in unusual circumstances.
Subtitle C—Eliminating Unfairness and Waste in Section 245(i) Waivers
Sec. 321. Permanent application of section 245(i).
Sec. 322. Eliminating unfairness created by temporary sunset of section 245(i).
Subtitle D—Equitable Procedures Concerning Voluntary Departure
Sec. 331. Discretionary determination of period of voluntary departure.
Sec. 332. Discretionary determination of voluntary departure bond based on in-
dividual circumstances.
Sec. 333. Elimination of automatic penalties for failing to depart in accordance
with a voluntary departure grant.
Subtitle E—Fairness in Determination of Public Charge
Sec. 341. Equitable procedures concerning public charge and affidavit of sup-
port.
TITLE IV—FAIRNESS IN ASYLUM AND REFUGEE PROCEEDINGS
Subtitle A—Increased Fairness in Asylum Proceedings
Sec. 401. Elimination of arbitrary time limits on asylum applications.
Sec. 402. Gender-based persecution.
Sec. 403. Elimination of arbitrary cap on persons eligible to adjust status from
asylees to legal permanent residents.
Sec. 404. Restoration of eligibility for withholding of removal for persons facing
loss of life or freedom.
Subtitle B—Increased Fairness and Rationality in Refugee Consultations
Sec. 411. Timely consultation with respect to refugee admissions.
TITLE V—INCREASED FAIRNESS AND EQUITY IN
NATURALIZATION AND LEGALIZATION PROCEEDINGS
Subtitle A—Naturalization Proceedings
Sec. 501. Increased authorization of funds for naturalization proceedings.
Sec. 502. Exemption from English language requirement for certain aliens who
served with special guerrilla units or irregular forces.
Sec. 503. Special consideration concerning civics requirement for certain aliens
who served with special guerrilla units or irregular forces.
Sec. 504. Documentation of qualifying service.
Sec. 505. Determination of eligibility for exemption and special consideration.
Sec. 506. Deadline for application and payment of fees.
Subtitle B—Parity in Treatment for Refugees From Central America and
Haiti
Sec. 511. Adjustment of status for certain nationals from El Salvador, Guate-
mala, Honduras, and Haiti.
Sec. 512. Applications pending under section 203 of the Nicaraguan Adjust-
ment and Central American Relief Act.
Sec. 513. Applications pending under the Haitian Refugee Immigration Fair-
ness Act of 1998.
Sec. 514. Technical amendments to the Nicaraguan Adjustment and Central
American Relief Act.
Sec. 515. Technical amendments to the Haitian Immigration Fairness Act of
1998.
Sec. 516. Motions to reopen.
Subtitle C—Equality of Treatment for Women’s Citizenship
Sec. 521. Declaration of citizenship for certain women who lost citizenship sole-
ly by reason of marriage to an alien prior to September 22,
1922.
Sec. 522. Equity in transmission of citizenship.
Subtitle D—Fairness in the Treatment for Refugees From Liberia
Sec. 531. Adjustment of status of certain Liberian nationals.
Subtitle E—Fairness in Review of Previously Granted Amnesty Rights
Sec. 541. Elimination of limitation on legalization litigation.
Subtitle F—Legal Amnesty Restoration
Sec. 551. Record of admission for permanent residence in the case of certain
aliens.
Subtitle G—Equality of Treatment for Asian American Visa Petitions
Sec. 561. Immigration of certain aliens born in the Philippines or Japan and
fathered by U.S. citizens.
TITLE VI—FAIRNESS AND COMPASSION IN THE TREATMENT OF
BATTERED IMMIGRANTS
Sec. 601. Findings and purposes.
Sec. 602. Restoring immigration protections under the Violence Against Women
Act of 1994 (VAWA).
Sec. 603. Remedying problems with implementation of the immigration provi-
sions of VAWA.
Sec. 604. Waivers and exceptions to inadmissibility for otherwise qualified bat-
tered immigrants.
Sec. 605. Calculation of physical presence in VAWA cancellation of removal
and suspension of deportation.
Sec. 606. Improved access to VAWA immigration protections for battered im-
migrant women.
Sec. 607. Improved access to VAWA cancellation of removal.
Sec. 608. Good moral character determinations.
Sec. 609. Economic security for battered immigrant women.
Sec. 610. Access to legal representation and services for battered immigrants.
Sec. 611. Violence Against Women Act training for INS officers, immigration
judges, and civil and criminal court justice system personnel.
Sec. 612. Protection for certain crime victims including crimes against women.
Sec. 613. Access to Cuban Adjustment for battered immigrant spouses and
children.
Sec. 614. Access to the Nicaraguan and Central American Relief Act for bat-
tered spouses and children.
Sec. 615. Access to the Haitian Refugee Immigration Fairness Act of 1998 for
battered spouses and children.
TITLE VII—UNUSED EMPLOYMENT-BASED IMMIGRANT VISAS
Sec. 701. Recapture of unused employment-based immigrant visas.
TITLE VIII—MISCELLANEOUS PROVISIONS
Sec. 801. Technical and conforming change concerning Board of Immigration
Appeals.
Sec. 802. Limiting forfeiture for certain assets used to violate INA where there
was no commercial gain.
Sec. 803. Elimination of ban on State and local governments from preventing
communications with the INS.
Sec. 804. Elimination of authority to permit State personnel to carry out immi-
gration officer functions.
Sec. 805. Parole authority.
Sec. 806. Enhanced Border Patrol recruitment and retention.
Sec. 807. Elimination of denial of immigration benefits for erroneous asylum
application.
Sec. 808. Authorization of appropriations for implementation of Act.
TITLE IX—EFFECTIVE DATES
Sec. 901. General effective date.
Sec. 902. Other effective dates.
TITLE I—DUE PROCESS IN
IMMIGRATION PROCEEDINGS
Subtitle A—Judicial Review in
Immigration Proceedings
SEC. 101. JUDICIAL REVIEW OF ADMINISTRATIVE REM-
EDIES AND HABEAS CORPUS.
Section 242 (8 U.S.C. 1252) is amended to read as
follows:
‘‘JUDICIAL REVIEW OF ORDERS OF REMOVAL
‘‘SEC. 242. (a) The procedure prescribed by, and all
the provisions of chapter 158 of title 28, United States
Code, shall apply to, and shall be the sole and exclusive
procedure for, the judicial review of all final orders of re-
moval heretofore or hereafter made against aliens within
the United States pursuant to administrative proceedings
under section 240 or pursuant to section 238 of this Act
or comparable provisions of any prior Act, except that—
‘‘(1) a petition for review may be filed not later
than 90 days after the date of the issuance of the
final removal order, or, in the case of an alien con-
victed of an aggravated felony (including an alien
described in section 238) not later than 30 days
after the issuance of such order;
‘‘(2) the venue of any petition for review under
this section shall be in the judicial circuit in which
the administrative proceedings before an immigra-
tion judge were conducted in whole or in part, or in
the judicial circuit wherein is the residence, as de-
fined in this Act, of the petitioner, but not in more
than one circuit;
‘‘(3) the action shall be brought against the Im-
migration and Naturalization Service, as respondent.
Service of the petition to review shall be made upon
the Attorney General of the United States and upon
the official of the Immigration and Naturalization
Service in charge of the Service district in which the
office of the clerk of the court is located. The service
of the petition for review upon such official of the
Service shall stay the removal of the alien pending
determination of the petition by the court, unless the
court otherwise directs or unless the alien is con-
victed of an aggravated felony (including an alien
described in section 238), in which case the Service
shall not stay the removal of the alien pending deter-
mination of the petition of the court unless the court
otherwise directs;
‘‘(4) except as provided in clause (B) of para-
graph (5) of this subsection, the petition shall be de-
termined solely upon the administrative record upon
which the removal order is based and the Attorney
General’s findings of fact, if supported by reason-
able, substantial, and probative evidence on the
record considered as a whole, shall be conclusive;
‘‘(5) whenever any petitioner, who seeks review
of an order under this section, claims to be a na-
tional of the United States and makes a showing
that his claim is not frivolous, the court shall (A)
pass upon the issues presented when it appears from
the pleadings and affidavits filed by the parties that
no genuine issue of material fact is presented; or (B)
where a genuine issue of material fact as to the peti-
tioner’s nationality is presented, transfer the pro-
ceedings to a United States district court for the
district where the petitioner has his residence for
hearing de novo of the nationality claim and deter-
mination as if such proceedings were originally initi-
ated in the district court under the provisions of sec-
tion 2201 of title 28, United States Code. Any such
petitioner shall not be entitled to have such issue de-
termined under section 360(a) of this Act or other-
wise;
‘‘(6) whenever a petitioner seeks review of an
order under this section, any review sought with re-
spect to a motion to reopen or reconsider such an
order shall be consolidated with the review of the
order;
‘‘(7) if the validity of a removal order has not
been judicially determined, its validity may be chal-
lenged in a criminal proceeding against the alien for
violation of subsection (a) or (b) of section 243 of
this Act only by separate motion for judicial review
before trial. Such motion shall be determined by the
court without a jury and before the trial of the gen-
eral issue. Whenever a claim to United States na-
tionality is made in such motion, and in the opinion
of the court, a genuine issue of material fact as to
the alien’s nationality is presented, the court shall
accord him a hearing de novo on the nationality
claim and determine that issue as if proceedings had
been initiated under the provisions of section 2201
of title 28, United States Code. Any such alien shall
not be entitled to have such issue determined under
section 360(a) of this Act or otherwise. If no such
hearing de novo as to nationality is conducted, the
determination shall be made solely upon the admin-
istrative record upon which the removal order is
based and the Attorney General’s findings of fact,
if supported by reasonable, substantial, and pro-
bative evidence on the record considered as a whole,
shall be conclusive. If the removal order is held in-
valid, the court shall dismiss the indictment and the
United States shall have the right to appeal to the
court of appeals within 30 days. The procedure on
such appeals shall be as provided in the Federal
rules of criminal procedure. No petition for review
under this section may be filed by any alien during
the pendency of a criminal proceeding against such
alien for violation of subsection (a) or (b) of section
243 of this Act;
‘‘(8) nothing in this section shall be construed
to require the Attorney General to defer removal of
an alien after the issuance of a removal order be-
cause of the right of judicial review of the order
granted by this section, or to relieve any alien from
compliance with subsections (a) and (b) of section
243 of this Act. Nothing contained in this section
shall be construed to preclude the Attorney General
from detaining or continuing to detain an alien or
from taking the alien into custody pursuant to sec-
tion 241 of this Act at any time after the issuance
of a removal order;
‘‘(9) it shall not be necessary to print the
record or any part thereof, or the briefs, and the
court shall review the proceedings on a typewritten
record and on typewritten briefs; and
‘‘(10) any alien held in custody pursuant to an
order of removal may obtain judicial review thereof
by habeas corpus proceedings.
‘‘(b) Notwithstanding the provisions of any other law,
any alien against whom a final order of removal has been
made heretofore or hereafter under the provisions of sec-
tion 235 of this Act or comparable provisions of any prior
Act may obtain judicial review of such order by habeas
corpus proceedings and not otherwise.
‘‘(c) An order of removal shall not be reviewed by any
court if the alien has not exhausted the administrative
remedies available to the alien as of right under the immi-
gration laws and regulations or if the alien has departed
from the United States after the issuance of the order.
Every petition for review or for habeas corpus shall state
whether the validity of the order has been upheld in any
prior judicial proceeding, and, if so, the nature and date
thereof, and the court in which such proceeding took place.
No petition for review or for habeas corpus shall be enter-
tained if the validity of the order has been previously de-
termined in any civil or criminal proceeding, unless the
petition presents grounds which the court finds could not
have been presented in such prior proceeding, or the court
finds that the remedy provided by such prior proceeding
was inadequate or ineffective to test the validity of the
order.
‘‘(d)(1) A petition for review or for habeas corpus on
behalf of an alien against whom a final order of removal
has been issued pursuant to section 238(b) may challenge
only—
‘‘(A) whether the alien is in fact the alien de-
scribed in the order;
‘‘(B) whether the alien is in fact an alien de-
scribed in section 238(b)(2)(A) who is not eligible
for relief from removal under this Act;
‘‘(C) whether the alien has been convicted of an
aggravated felony and such conviction has become
final; and
‘‘(D) whether the alien was afforded the proce-
dures required by section 238(b)(4).
‘‘(2) No court shall have jurisdiction to review any
issue other than an issue described in paragraph (1).’’.
SEC. 102. JUDICIAL REVIEW OF ASYLUM DETERMINATIONS.
(a) AUTHORITY TO APPLY FOR ASYLUM.—Section
208(a) (8 U.S.C. 1158(a)) is amended by striking para-
graph (3).
(b) CONDITIONS FOR GRANTING ASYLUM.—Section
208(b)(2) (8 U.S.C. 1158(b)(2)) is amended by striking
subparagraph (D).
SEC. 103. JUDICIAL REVIEW OF DECISIONS CONCERNING
APPREHENSION AND DETENTION OF ALIENS.
Section 236 (8 U.S.C. 1226) is amended by striking
subsection (e).
SEC. 104. JUDICIAL REVIEW OF DECISIONS CONCERNING
DOCUMENT FRAUD WAIVERS.
(a) INADMISSIBLE ALIENS.—Section 212(d)(12) (8
U.S.C. 1182(d)(12)) is amended by striking the final sen-
tence.
(b) DEPORTABLE ALIENS.—Section 237(a)(3)(C)(ii)
(8 U.S.C. 1227(a)(3)(C)(ii)) is amended by striking the
final sentence.
SEC. 105. JUDICIAL REVIEW OF ORDERS ISSUED IN
ABSENTIA.
Section 240(b)(5) (8 U.S.C. 1229a(b)(5)) is amended
by striking subparagraph (D) and redesignating subpara-
graph (E) as subparagraph (D).
SEC. 106. JUDICIAL REVIEW OF DENIAL OF REQUEST FOR
ORDER OF VOLUNTARY DEPARTURE.
Section 240B (8 U.S.C. 1229c) is amended by strik-
ing subsection (f).
SEC. 107. TRANSITIONAL CHANGES IN JUDICIAL REVIEW.
Section 309(c)(4) of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1101
note) is repealed.
Subtitle B—Fairness in Removal
Proceedings
SEC. 111. EQUITABLE BURDEN OF PROOF FOR ADMISSI-
BILITY.
Section 
240(c)(2) 
(8 
U.S.C. 
1229a(c)(2)) 
is
amended—
(1) in the matter preceding subparagraph (A),
by striking ‘‘establishing—’’ and inserting ‘‘estab-
lishing, by clear and convincing evidence—’’;
(2) in subparagraph (A), by striking ‘‘clearly
and beyond doubt’’; and
(3) in subparagraph (B), by striking ‘‘by clear
and convincing evidence,’’.
SEC. 112. PRESUMPTION IN FAVOR OF WITHDRAWAL OF AP-
PLICATION FOR ADMISSION.
Section 235(a)(4) (8 U.S.C. 1225(a)(4)) is amended
to read as follows:
‘‘(4) WITHDRAWAL OF APPLICATION FOR AD-
MISSION.—
‘‘(A) PRESUMPTION IN FAVOR OF WITH-
DRAWAL.—The Attorney General shall permit
an alien applying for admission to withdraw the
application and depart immediately from the
United States at any time, unless an immigra-
tion judge has rendered a decision with respect
to the admissibility of the alien, except that the
Attorney General may deny permission for the
withdrawal when warranted by unusual cir-
cumstances.
‘‘(B) PERMISSIVE
WITHDRAWAL.—Except
as provided in subparagraph (A), an alien ap-
plying for admission may, in the discretion of
the Attorney General and at any time after a
decision described in such subparagraph has
been rendered, be permitted to withdraw the
application and depart immediately from the
United States.’’.
SEC. 113. ABSENCES OUTSIDE THE CONTROL OF THE
ALIEN.
Section 101(a)(13)(C) (8 U.S.C. 1101(a)(13(C)) is
amended by amending clause (ii) to read as follows:
‘‘(ii) has been absent from the United
States for a continuous period in excess of
one year unless the alien’s return was im-
peded by emergency or extenuating cir-
cumstances outside the control of the
alien,’’.
SEC. 114. REINSTATEMENT OF REMOVAL ORDERS AGAINST
ALIENS ILLEGALLY REENTERING.
Section 
241(a)(5) 
(8 
U.S.C. 
1231(a)(5)) 
is
amended—
(1) by inserting ‘‘, after a hearing by an immi-
gration judge,’’ after ‘‘If’’;
(2) by inserting ‘‘, on or after September 30,
1996,’’ after ‘‘alien has’’;
(3) by striking ‘‘is reinstated’’ and inserting
‘‘may be deemed to be reinstated’’;
(4) by striking ‘‘and is not subject’’ and all that
follows through ‘‘under this Act’’; and
(5) by striking the period at the end and insert-
ing the following: ‘‘subject to reopening and review
of the previous order. Nothing in this section shall
preclude an alien from applying for any relief from
removal under this Act.’’.
Subtitle C—Fairness in Detention
SEC. 121. RESTORING DISCRETIONARY AUTHORITY TO THE
ATTORNEY GENERAL IN CASES OF INDIVID-
UALS WHO POSE NO RISK TO SAFETY OR OF
FLEEING.
Section 236(c) (8 U.S.C. 1226(c)) is amended—
(1) in paragraph (1), by striking ‘‘Attorney
General shall’’ and inserting ‘‘Attorney General
may’’; and
(2) by amending paragraph (2) to read as fol-
lows:
‘‘(2) RELEASE.—The Attorney General shall re-
lease any alien described in paragraph (1) if the
alien satisfies the Attorney General that the alien
will not pose a danger to the safety of other persons
or of property and is likely to appear for any sched-
uled proceeding. All custody, bond, and parole deter-
minations shall be reviewable by an immigration
judge and subject to administrative appeal.’’.
SEC. 122. PERIODIC REVIEW OF DETENTION DETERMINA-
TION.
Section 241(a) (8 U.S.C. 1231(a)) is amended—
(1) by redesignating paragraph (6) as para-
graph (6)(A);
(2) in paragraph (6)(A) (as redesignated), by
inserting ‘‘for a reasonable period of time, not to ex-
ceed 9 months following the removal period, to allow
for ongoing negotiations to effect such removal’’
after ‘‘removal period’’; and
(3) by inserting before paragraph (7) the fol-
lowing:
‘‘(B) Upon conclusion of the removal period
and every 90 days thereafter, the Attorney General
shall review whether the alien is required to be re-
leased under subsection (j).
‘‘(C) Determinations under this subparagraph
shall be subject to de novo review by an immigration
judge and administrative appeal. In such review, it
shall be the Attorney General’s burden to prove that
continued detention is authorized under subsection
(a).’’.
SEC. 123. LIMITATION ON INDEFINITE DETENTION.
Section 241 (8 U.S.C. 1231) is amended by adding
at the end the following:
‘‘(j) Notwithstanding any other provision of this sec-
tion, including subsection (a)(2), the Attorney General
may not detain an alien who requests release and dem-
onstrates to the Attorney General that—
‘‘(1) the alien is not a risk to the community
and is likely to comply with the order of removal;
and
‘‘(2) removal of the alien cannot be effectuated
within the removal period specified in section
241(a)(2).
The determination by the Attorney General shall be sub-
ject to de novo review by an immigration judge and admin-
istrative appeal.’’.
SEC. 124. PILOT PROGRAM TO CONSIDER ALTERNATIVES
TO DETENTION.
(a) PILOT PROGRAM ON ALTERNATIVES TO DETEN-
TION IN PENAL SETTING.—The Attorney General shall es-
tablish a pilot program in 3 district offices of the Immi-
gration and Naturalization Service to determine the viabil-
ity of supervision, through means other than confinement
in a penal setting, of aliens who have no criminal record,
or have a criminal record that includes only nonviolent
minor offenses, but who are subject to detention under the
Immigration and Nationality Act at the discretion of the
Attorney General.
(b) STUDY AND REPORT ON ALTERNATIVES TO DE-
TENTION IN PENAL SETTING.—In carrying out subsection
(a), the Attorney General shall conduct a study, and sub-
mit a report to the Congress not later than 6 months after
the date of the enactment of this Act, on alternatives to
detention of aliens who have no criminal record (or have
a criminal record that includes only nonviolent minor of-
fenses) and are not inadmissible or deportable by reason
of having committed a criminal offense in detention facili-
ties used for the incarceration of persons convicted of a
criminal offense.
SEC. 125. ELIMINATION OF MANDATORY DETENTION IN EX-
PEDITED REMOVAL PROCEEDINGS.
Section 
235(b)(1)(B)(iii)(IV) 
(8 
U.S.C.
1225(b)(1)(B)(iii)(IV)) is amended to read as follows:
‘‘(IV) DETENTION.—Aliens sub-
ject to the procedures under this
clause shall be detained in accordance
with section 236.’’.
SEC. 126. RIGHT TO COUNSEL.
Section 292 (8 U.S.C. 1362) is amended by striking
the matter after the section designation and inserting the
following: ‘‘In any bond, custody, detention, or removal
proceedings before the Attorney General and in any appeal
proceedings before the Attorney General from any such
proceedings, the person concerned shall have the privilege
of being represented (at no expense to the government)
by such counsel, authorized to practice in such pro-
ceedings, as he shall choose. With consent of their clients,
counsel may enter appearances limited to bond, custody,
or other specific proceedings.’’.
SEC. 127. CLARIFICATION OF INTENT OF TRANSITIONAL
PROVISION ON REFERENCES TO REMOVAL
ORDERS.
Section 309(d)(2) of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1101
note) is amended by striking ‘‘deportation.’’ and inserting
‘‘deportation, except that nothing in this paragraph shall
be construed as making any change in the Immigration
and Nationality Act made by this Act effective retro-
actively.’’.
Subtitle D—Consular Review of
Visa Applications
SEC. 131. ESTABLISHMENT OF A BOARD OF VISA APPEALS.
(a) IN GENERAL.—The Immigration and Nationality
Act is amended by inserting after section 224 the following
new section:
‘‘BOARD OF VISA APPEALS
‘‘SEC. 225. (a) ESTABLISHMENT.—The Secretary of
State shall establish within the Department of State a
Board of Visa Appeals. The Board shall be composed of
5 members who shall be appointed by the Secretary. Not
more than 2 members of the Board may be consular offi-
cers. The Secretary shall designate a member who shall
be chairperson of the Board.
‘‘(b) AUTHORITY AND FUNCTIONS.—The Board shall
have authority to review any discretionary decision of a
consular officer with respect to an alien concerning the
denial, revocation, or cancellation of an immigrant visa or
of a nonimmigrant visa or petition, or the denial of an
application for waiver of one or more grounds of inadmis-
sibility under section 212. The review of the Board shall
be made upon the record for decision of the consular offi-
cer, including all documents, notes, and memoranda filed
with the consular officer, supplemented by affidavits and
other writings if offered by the consular officer or alien.
Upon a conclusive showing that the decision of the con-
sular official is contrary to the preponderance of the evi-
dence, the Board shall have authority to overrule, or re-
mand for further consideration, the decision of such con-
sular officer.
‘‘(c) PROCEDURE.—Proceedings before the Board
shall be in accordance with such regulations, not incon-
sistent with this Act and sections 556 and 557 of title
5, United States Code, as the Secretary of State shall pre-
scribe. Such regulations shall include requirements that
provide that—
‘‘(1) at the time of any decision of a consular
officer under subsection (b), an alien, attorney of
record, and any interested party defined in sub-
section (d) shall be given notice of the availability of
the review process and the necessary steps to re-
quest such review;
‘‘(2) a written record of the proceedings and de-
cision of the consular officer (in accordance with sec-
tions 556 and 557 of title 5, United States Code)
shall be available to the Board, and on payment of
lawfully prescribed costs, shall be made available to
the alien;
‘‘(3) upon receipt of request for review under
this section, the Board shall, within 30 days, notify
the consular officer with respect to whose decision
review is sought, and, upon receipt of such notice,
such officer shall promptly (but in no event more
than 30 days after such receipt) forward to the
Board the record of proceeding as described in sub-
section (b);
‘‘(4) the appellant shall be given notice, reason-
able under all the circumstances of the time and
place at which the Board proceedings will be held;
‘‘(5) the appellant may be represented (at no
expense to the Government) by such counsel, author-
ized to practice in such proceedings, as the appellant
shall choose; and
‘‘(6) a request for review under this section
must be made in writing to the Board within 60
days after receipt of notice of the denial, revocation,
or cancellation.
‘‘(d) INTERESTED PARTIES.—The Board shall review
each decision described in subsection (b) upon request of
the alien or any of the following interested parties:
‘‘(1) The petitioner or beneficiary of an immi-
grant visa petition approved under section 203(a),
203(b)(1), 203(b)(4), 203(b)(5), or 203(c), or the
petitioner of an immigrant visa petition approved
under section 203(b)(2) or 203(b)(3).
‘‘(2) The petitioner of a nonimmigrant visa pe-
tition.
‘‘(3) The postsecondary educational institution
approved for the attendance of nonimmigrant stu-
dents 
under 
section 
101(a)(15)(F)(i) 
or
101(a)(15)(M)(i) which has provided notice of the
acceptance of the alien in its program.
‘‘(4) A recognized international agency or orga-
nization approved as a program sponsor under sec-
tion 101(a)(15)(J) which has provided notice of the
acceptance of the alien in its program.
‘‘(5) A treaty investor or trader individual or
organization in the United States that, under section
101(a)(15)(E), has made an offer of employment to
an alien to perform executive or supervisory manage-
ment functions.
‘‘(e) LIMITATION.—A review may not be requested
under this section more than once in any 24-month period.
‘‘(f) CONSTRUCTION.—This section may not be con-
strued to restrict any right to further administrative or
judicial review established under any other provision of
law.
‘‘(g) FEES.—The Secretary of State shall charge, and
collect, an appropriate fee associated with a request to the
Board for a review. Such fee shall be sufficient to cover
the cost of the administration of this section.’’.
(b) TECHNICAL AMENDMENTS.—
(1) Section 222(f) (8 U.S.C. 1202(f)) is
amended—
(A) by striking ‘‘except that’’ and all that
follows up to the period; and
(B) by adding at the end: ‘‘An interested
party under section 225(d) or court shall be
permitted to inspect the record of proceeding as
described in subsections (c)(2) and (c)(3) of
section 225.’’.
(2) Section 104(a)(1) (8 U.S.C. 1104(a)(1)) is
amended by striking the ‘‘except’’ and inserting ‘‘in-
cluding’’.
(3) The table of contents is amended by insert-
ing after the item relating to section 224 the fol-
lowing new item:
‘‘Sec. 225. Board of Visa Appeals.’’.
SEC. 132. NONDISCRIMINATION PROVISIONS.
(a) NONDISCRIMINATION
IN ISSUANCE
OF IMMI-
GRANT VISAS.—Section 202(a)(1) (8 U.S.C. 1152(a)(1))
is amended—
(1) in subparagraph (A), by inserting ‘‘sexual
orientation, disability,’’ after ‘‘sex,’’; and
(2) in subparagraph (B), by striking ‘‘proc-
essed.’’ and inserting ‘‘processed, to the extent that
such procedures do not discriminate based on race,
sex, sexual orientation, disability, nationality, place
of birth, or place of residence in violation of sub-
paragraph (A).’’.
(b) NONDISCRIMINATION
IN ISSUANCE
OF NON-
IMMIGRANT VISAS.—Section 214 (8 U.S.C. 1184) is
amended—
(1) by redesignating the subsection (l) added by
section 625(a) of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (Public
Law 104–208; 110 Stat. 3009–1820) as subsection
(m); and
(2) by adding at the end the following:
‘‘(n) Except as specifically provided by law, no person
shall receive any preference or priority or be discriminated
against in the issuance of a nonimmigrant visa because
of the person’s race, sex, sexual orientation, disability, na-
tionality, place of birth, or place of residence.’’.
TITLE II—FAIRNESS AND EQUITY
IN CASES INVOLVING PRE-
VIOUS 
AND 
MINOR 
MIS-
CONDUCT
Subtitle A—Increased Fairness and
Equity 
Concerning 
Removal
Proceedings
SEC. 201. EQUITABLE DEFINITION OF ‘‘CRIME INVOLVING
MORAL TURPITUDE’’.
(a) CONVICTION
OF
CERTAIN
CRIMES.—Section
212(a)(2)(A)(i) (8 U.S.C. 1182(a)(2)(A)(i)) is amended
by striking ‘‘of, or who admits having committed, or who
admits committing acts which constitute the essential ele-
ments of—’’ and inserting ‘‘of—’’.
(b) EXCEPTION.—Section 212(a)(2)(A)(ii)(II) (8
U.S.C. 1182(a)(2)(A)(ii)(II)) is amended—
(1) by striking ‘‘the maximum’’ and all that fol-
lows through ‘‘such crime,’’; and
(2) by striking ‘‘6 months’’ and inserting ‘‘1
year’’.
SEC. 202. EQUITABLE APPLICATION AND DEFINITION OF
‘‘AGGRAVATED FELONY’’.
(a) ILLICIT TRAFFICKING.—Section 101(a)(43)(B)
(8 U.S.C. 1101(a)(43))(B)) is amended by striking
‘‘Code);’’ and inserting ‘‘Code), except a single offense of
simple possession of a controlled substance that is an
alien’s first controlled substance offense;’’.
(b) CRIMES OF VIOLENCE AND THEFT OFFENSES.—
Sections 101(a)(43)(F), (G), (J), (R), and (S) (8 U.S.C.
1101(c)(43)(F), (G), (J), (R), and (S)) are each amended
by striking ‘‘imprisonment’’ and all that follows through
the semicolon and inserting ‘‘imprisonment of more than
5 years;’’.
(c) ALIEN SMUGGLING.—Section 101(a)(43)(N) (8
U.S.C. 101(a)(43)(N)) is amended—
(1) by inserting ‘‘committed for the purpose of
commercial advantage,’’ after ‘‘smuggling),’’; and
(2) by adding at the end a semicolon.
(d) DISCRETIONARY WAIVER IN CASES OF OTHER
MINOR FELONIES.—Section 101 (8 U.S.C. 1101) is
amended by adding at the end the following:
‘‘(i) For purposes of this Act, and notwithstanding
subsection (a)(43), the Attorney General may treat any
conviction that did not result in incarceration for more
than 1 year as if such conviction were not a conviction
for an aggravated felony.’’.
(e) CONFORMING CHANGE CONCERNING REMOVAL
OF
NONPERMANENT
RESIDENTS.—Section 238(b) (8
U.S.C. 1228(b)) is amended by striking paragraph (5).
SEC. 203. EQUITABLE DEFINITIONS OF ‘‘CONVICTION’’ AND
‘‘TERM OF IMPRISONMENT’’.
Section 101(a)(48) (8 U.S.C. 1101(a)(48)) is
amended—
(1) in subparagraph (A), by striking ‘‘court’’
and all that follows through the period at the end
and inserting ‘‘court. An adjudication or judgment
of guilt that has been expunged, deferred, annulled,
invalidated, withheld, or vacated, an order of proba-
tion without entry of judgment, or any similar dis-
position shall not be considered a conviction for pur-
poses of this Act.’’; and
(2) in subparagraph (B)—
(A) by inserting ‘‘only’’ after ‘‘deemed to
include’’; and
(B) by striking ‘‘court of law’’ and all that
follows through the period at the end and in-
serting ‘‘court of law. Any such reference shall
not be deemed to include any suspension of the
imposition or execution of that imprisonment or
sentence in whole or in part.’’.
SEC. 204. EQUITABLE DEFINITION OF ‘‘CRIMES OF MORAL
TURPITUDE’’.
Section 
237(a)(2)(A)(i)(II) 
(8 
U.S.C.
1227(a)(2)(A)(i)(II)) is amended to read as follows:
‘‘(II) for which the alien has been
incarcerated for a period exceeding
one year,’’.
SEC. 205. RESTORATION OF FAIRNESS IN EQUITABLE RE-
LIEF FOR LONG-TIME LEGAL PERMANENT
RESIDENTS.
(a) 
CANCELLATION
OF
REMOVAL.—Section
240A(a)(3) (8 U.S.C. 1229b(a)(3)) is amended to read as
follows:
‘‘(3) has not been convicted of an aggravated
felony for which the sentence imposed is five years
or more.’’.
(b) REPEAL OF RULE FOR TERMINATION OF CON-
TINUOUS PERIOD.—
(1) Section 240A(d)(1) (8 U.S.C. 1229b(d)(1))
(8 U.S.C. 1229b(a)) is repealed.
(2) Section 240A(d) (8 U.S.C. 1229b) is
amended—
(A) by redesignating paragraphs (2) and
(3) as paragraphs (1) and (2), respectively; and
(B) by inserting before the period at the
end of paragraph (1) (as redesignated) the fol-
lowing: ‘‘, unless the alien’s departure from the
United States was due to a temporary trip
abroad required by emergency or extenuating
circumstances outside the control of the alien’’.
SEC. 206. RESTORATION OF FAIRNESS IN EQUITABLE RE-
LIEF FOR OTHER NONCITIZENS.
(a) CANCELLATION OF REMOVAL AND ADJUSTMENT
FOR
CERTAIN
NONPERMANENT
RESIDENTS.—Section
240A(b)(1) (8 U.S.C. 1229b(b)(1)) is amended to read as
follows:
‘‘(1) IN GENERAL.—The Attorney General may
cancel removal in the case of an alien who is inad-
missible or deportable from the United States if the
alien—
‘‘(A) has been physically present in the
United States for a continuous period of—
‘‘(i) 7 years immediately preceding the
date of application in the case of an
alien—
‘‘(I) who is deportable on any
ground other than a ground specified
in clause (ii)(I); and
‘‘(II) whose deportation would, in
the opinion of the Attorney General,
result in extreme hardship to the alien
or the alien’s spouse, parent, son, or
daughter, who is a citizen of the
United States or an alien lawfully ad-
mitted for permanent residence; or
‘‘(ii) 10 years immediately preceding
the date of application in the case of an
alien—
‘‘(I) who is deportable for convic-
tion of an offense under section
212(a)(2), 237(a)(2), or 237(a)(3);
and
‘‘(II) whose deportation would, in
the opinion of the Attorney General,
result in exceptional and extremely
unusual hardship to the alien or the
alien’s spouse, parent, son, or daugh-
ter, who is a citizen of the United
States or an alien lawfully admitted
for permanent residence’’; and
‘‘(B) has been a person of good moral
character during such period.’’.
(b) ELIMINATION OF ANNUAL LIMITATION.—Section
240A (8 U.S.C. 1229b) is amended by striking subsection
(e).
SEC. 207. ELIMINATING UNFAIR RETROACTIVE CHANGES IN
REMOVAL RULES FOR PERSONS SUBJECT TO
PENDING PROCEEDINGS.
(a) APPLICATION OF AGGRAVATED FELONY DEFINI-
TION.—The last sentence of section 101(a)(43) (8 U.S.C.
1101(a)(43)) is amended to read as follows: ‘‘The term
shall not apply to any offense that was not covered by
the term on the date on which the offense occurred.’’.
(b) GROUNDS OF DEPORTABILITY.—Section 237 (8
U.S.C. 1227) is amended by adding at the end the fol-
lowing new subsection:
‘‘(d) Notwithstanding any other provision of this sec-
tion, an alien is not deportable by reason of committing
any offense that was not a ground of deportability on the
date the offense occurred.’’.
(c) GROUNDS OF INADMISSIBILITY.—Section 212 (8
U.S.C. 1182) is amended by adding at the end the fol-
lowing new subsection:
‘‘(p) Notwithstanding any other provision of this sec-
tion, an alien is not inadmissible by reason of committing
any offense that was not a ground of inadmissibility on
the date the offense occurred.’’.
SEC. 208. ELIMINATING UNFAIR RETROACTIVE CHANGES IN
REMOVAL RULES FOR PERSONS PREVIOUSLY
REMOVED.
(a) IN GENERAL.—The Attorney General shall estab-
lish a process by which an alien described in subsection
(b) may apply for reopening a proceeding so as to seek
relief from exclusion, deportation, or removal under sec-
tion 212(c) of the Immigration and Nationality Act, as
such section was in effect prior to the enactment of the
Antiterrorism and Effective Death Penalty Act of 1996,
or section 240A of the Immigration and Nationality Act,
as amended by this Act.
(b) ALIEN DESCRIBED.—An alien referred to in sub-
section (a) is an alien who received a final order of exclu-
sion, deportation, or removal, or a decision on a petition
for review or petition for habeas corpus, on or after Sep-
tember 30, 1996, and who was—
(1) excluded, deported, or removed from the
United States by reason of having committed a
criminal offense that was not a basis for removal,
exclusion, or deportation on the date on which the
offense was committed;
(2) excluded, deported, or removed from the
United States by reason of having committed a
criminal offense that is not a basis for removal, ex-
clusion, or deportation on the date of enactment of
this Act; or
(3) excluded, deported, or removed from the
United States by reason of having committed a
criminal offense prior to April 24, 1996, for which
there was relief from exclusion, deportation, or re-
moval available prior to such date.
(c) PAROLE.—The Attorney General may in her dis-
cretion exercise the parole authority under section
212(d)(5)(A) of the Immigration and Nationality Act (8
U.S.C. 1182(d)(5)(A)) for the purpose of permitting
aliens excluded, deported, or removed from the United
States to participate in the process established under sub-
section (a), if the alien establishes prima facie eligibility
for the relief.
Subtitle B—Increased Fairness and
Equity Concerning 5-Year Bars
to 
Admission 
and 
Other
Grounds for Exclusion
SEC. 211. LIMITING 5-YEAR BAR TO ADMISSION TO PER-
SONS WHO WILLFULLY FAIL TO ATTEND RE-
MOVAL PROCEEDINGS.
Section 212(a)(6)(B) (8 U.S.C. 1182(a)(6)(B)) is
amended to read as follows:
‘‘(B) FAILURE TO ATTEND REMOVAL PRO-
CEEDINGS.—
‘‘(i) IN
GENERAL.—Any alien who
willfully and without reasonable cause fails
or refuses to attend or remain in attend-
ance at a proceeding to determine the
alien’s inadmissibility or deportability and
who seeks admission to the United States
within 5 years of such alien’s subsequent
departure or removal is inadmissible.
‘‘(ii) WAIVER AUTHORIZED.—For pro-
vision authorizing waiver of clause (i), see
subsection (d)(13).’’.
SEC. 212. LIMITING 5-YEAR BAR TO ADMISSION TO PER-
SONS WHO WILLFULLY VIOLATE STUDENT
VISA CONDITIONS.
(a) IN GENERAL.—Section 212(a)(6)(G) (8 U.S.C.
1182(a)(6)(G)) is amended to read as follows:
‘‘(G) STUDENT VISA ABUSERS.—
‘‘(i) IN GENERAL.—An alien who ob-
tains the status of a nonimmigrant under
section 101(a)(15)(F)(i) and who willfully
violates a term or condition of such status
under section 214(m) is inadmissible until
the alien has been outside the United
States for a continuous period of 5 years
after the date of the violation.
‘‘(ii) WAIVER AUTHORIZED.—For pro-
vision authorizing waiver of clause (i), see
subsection (d)(13).’’.
(b) 
TECHNICAL
AMENDMENT.—Section
101(a)(15)(F)(i) (8 U.S.C. 1101(a)(15)(F)(i)) is amended
by striking ‘‘214(l)’’ and inserting ‘‘214(m)’’.
SEC. 213. LIMITING BAN ON ADMISSIBILITY TO PERSONS
WHO WILLFULLY MAKE FALSE CLAIMS FOR
CITIZENSHIP.
(a) CLASSES
OF DEPORTABLE ALIENS.—Section
237(a)(3)(D) (8 U.S.C. 1227(a)(3)(D)) is amended by in-
serting ‘‘and willfully’’ after ‘‘falsely’’ each place such
term appears.
(b) CLASSES
OF INADMISSIBLE ALIENS.—Section
212(a)(6)(C)(ii) (8 U.S.C. 1182(a)(6)(C)(ii)) is amended
by inserting ‘‘and willfully’’ after ‘‘falsely’’ each place such
term appears.
SEC. 214. EQUITABLE WAIVER OF INADMISSIBILITY FOR
MINOR CRIMINAL OFFENSES.
Section 212(h) (8 U.S.C. 1182(h)) is amended—
(1) in the matter preceding paragraph (1), by
striking ‘‘offense of simple possession of 30 grams or
less of marijuana’’ and inserting ‘‘controlled sub-
stance offense for which the alien was not incarcer-
ated for a period exceeding 1 year’’; and
(2) by striking the final two sentences.
SEC. 215. REDUCING LENGTH OF DURATION OF BARS TO
INADMISSIBILITY.
Section 212(a)(9)(B)(i) (8 U.S.C. 1182(a)(9)(B)(i))
is amended—
(1) in subclause (I), by striking ‘‘3 years’’ and
inserting ‘‘1 year’’; and
(2) in subclause (II), by striking ‘‘10 years’’
and inserting ‘‘3 years’’.
TITLE III—ENCOURAGING
FAMILY REUNIFICATION
Subtitle A—Reuniting Family
Members
SEC. 301. VISA FOR SPOUSES AND CHILDREN OF PERMA-
NENT RESIDENTS TEMPORARILY WAITING
FOR VISA NUMBERS.
(a) IN GENERAL.—Section 101(a)(15) (8 U.S.C.
101(a)(15)) is amended—
(1) in subparagraph (R), by striking ‘‘or’’ at
the end;
(2) in subparagraph (S), by striking the period
at the end and inserting ‘‘; or’’; and
(3) by inserting after subparagraph (S) the fol-
lowing:
‘‘(T) an alien (other than one coming for the
purpose of study or of performing skilled or un-
skilled labor or as a representative of foreign press,
radio, film, or other foreign information media com-
ing to engage in such vocation) who is the bene-
ficiary of a petition approved under—
‘‘(i) section 204 (excluding the provisions
of such section referred to in clause (ii)) for
classification by reason of a relationship de-
scribed in section 203(a)(2)(A) with an alien
lawfully admitted for permanent residence, who
is awaiting the availability of an immigrant visa
based upon such approval, and who seeks to
enter the United States to achieve family unity
by joining the permanent resident alien in the
United States; or
‘‘(ii) clause (iii), (iv), (v), or (vi) of section
204(a)(1)(A) or clause (ii), (iii), or (iv) of sec-
tion 204(a)(1)(B) and who is awaiting the
availability of an immigrant visa based upon
such approval.’’.
(b) PERIOD
OF
AUTHORIZED
STATUS.—Section
214(a)(2) (8 U.S.C. 1184(a)(2)) is amended by adding at
the end the following:
‘‘(C) The period of authorized status as a non-
immigrant described in section 101(a)(15)(T) shall be for
one year. Such period may be extended for additional one-
year periods by the Attorney General.’’.
SEC. 302. REFUGEE STATUS FOR UNMARRIED SONS AND
DAUGHTERS OF REFUGEES.
Section 207(c)(2) (8 U.S.C. 1157(c)(2)) is amended
by adding at the end the following:
‘‘When warranted by unusual circumstances or to
preserve family unity, the Attorney General may, in
the Attorney General’s discretion, consider an un-
married son or daughter of a refugee to be a child
of the refugee for purposes of this paragraph.’’.
SEC. 303. ASYLEE STATUS FOR UNMARRIED SONS AND
DAUGHTERS OF ASYLEES.
Section 208(b)(3) (8 U.S.C. 1158(b)(3)) is amended
by adding at the end the following:
‘‘When warranted by unusual circumstances or to
preserve family unity, the Attorney General may, in
the Attorney General’s discretion, consider an un-
married son or daughter of an alien who is granted
asylum under this subsection to be a child of the
alien for purposes of this paragraph.’’.
SEC. 304. PROTECTION AGAINST PROCESSING DELAYS.
(a) IN GENERAL.—
(1) NEW SECTION.—Title I (8 U.S.C. 1101 et
seq.) is amended by adding at the end the following:
‘‘PROTECTION AGAINST PROCESSING DELAYS FOR
CHILDREN
‘‘SEC. 106. (a) IN GENERAL.—
‘‘(1) DETERMINATION OF WHO IS A CHILD.—In
the case of an application initially to grant a benefit
under this Act (other than an application for natu-
ralization) that otherwise would be granted only
after a determination that the beneficiary of the ap-
plication is a child (such as classification as an im-
mediate relative under section 201(b)(2)(A)(i)), if
the application is neither approved nor denied (on
procedural or substantive grounds) during the 90-
day period beginning on the date of the filing of the
application—
‘‘(A) the beneficiary shall be considered to
be a child for all purposes related to the receipt
of the benefit if the beneficiary was a child on
the last day of such 90-day period; and
‘‘(B) the beneficiary shall not otherwise be
prejudiced with respect to such determination
by such delay, and shall be considered to be a
child under this Act for all purposes related to
such application.
‘‘(2) TERMINATION
OF
BENEFIT.—Paragraph
(1) shall remain in effect until the termination of
the 1-year period beginning on the date on which the
application described in such paragraph is approved.
‘‘(b) SPECIAL BENEFITS FOR SONS AND DAUGHTERS
OF NATURALIZED PARENTS.—
‘‘(1) IN GENERAL.—In the case of an alien son
or daughter of a parent who is a naturalized citizen,
if the alien is the beneficiary of an application for
a benefit under this Act that otherwise would be
granted only after a determination that the alien is
a child—
‘‘(A) the alien shall not be prejudiced with
respect to such determination by the failure of
the Attorney General to approve the parent’s
application for naturalization during the 90-day
period beginning on date of the filing of the ap-
plication; and
‘‘(B) the alien son or daughter shall be
considered to be a child for all purposes related
to such application if the alien was a child on
the last day of such 90-day period.
‘‘(2) TERMINATION
OF
BENEFIT.—Paragraph
(1) shall remain in effect until the termination of
the 1-year period beginning on the date on which the
application described in such paragraph is ap-
proved.’’.
(2) CLERICAL AMENDMENT.—The table of con-
tents of such Act is amended by inserting after the
item relating to section 105 the following:
‘‘Sec. 106.
Protection against processing delays for children.’’.
(b) PROTECTION AGAINST PREJUDICIAL EFFECTS
OF PROCESSING DELAYS RELATED TO CHANGE IN FAM-
ILY STATUS.—Section 203 (8 U.S.C. 1153) is amended
by adding at the end the following:
‘‘(h) PROTECTION AGAINST PREJUDICIAL EFFECTS
OF PROCESSING DELAYS RELATED TO CHANGE IN FAM-
ILY STATUS.—
‘‘(1) IN GENERAL.—In the case of an applica-
tion for receipt of an immigrant visa under sub-
section (a), an application for receipt of an immi-
grant visa under subsection (d) based on a familial
relationship to an alien entitled to immigrant status
under subsection (a), or an application for adjust-
ment of status under section 245 based on the avail-
ability of an immigrant visa under subsection (a), if
the application is neither approved nor denied (on
procedural or substantive grounds) during the 90-
day period beginning on the date of the filing of the
application, the eligibility of the alien beneficiary of
the application, for all purposes related to the re-
ceipt of the applicable benefit, shall be adjudicated
based on the alien’s familial status and relationships
on the last day of such 90-day period.
‘‘(2) TERMINATION
OF
BENEFIT.—Paragraph
(1) shall remain in effect until the termination of
the 1-year period beginning on the date on which the
application described in such paragraph is approved.
‘‘(3) CONSTRUCTION.—Paragraph (1) shall not
be construed to supersede any ground of inadmis-
sibility under section 212(a).’’.
(c) PREVENTING
IMMIGRANTS
FROM
WAITING
LONGER FOR IMMIGRANT VISAS AS A RESULT OF RE-
CLASSIFICATION FROM FAMILY SECOND PREFERENCE TO
FAMILY FIRST PREFERENCE.—Section 203 (8 U.S.C.
1153) is amended by adding at the end the following new
subsection:
‘‘(h) ENSURING IMMIGRANTS DO NOT HAVE TO
WAIT LONGER FOR AN IMMIGRANT VISA AS A RESULT
OF RECLASSIFICATION FROM FAMILY SECOND PREF-
ERENCE
TO
FAMILY
FIRST
PREFERENCE.—Notwith-
standing any other provision of law, in the case of a peti-
tion that has been approved to accord preference status
under subsection (a)(2)(A), the petition may be deemed
to provide continued entitlement to status under that sub-
section in the case of any alien petitioner who is subse-
quently naturalized as a United States citizen, if a visa
is not immediately available to the beneficiary under sub-
section (a)(1).’’.
Subtitle B—Limited Waiver of
Grounds of Admissibility
SEC. 311. DISCRETIONARY WAIVER IN CASES INVOLVING
FAMILY MEMBERS.
(a) IN GENERAL.—Section 212(i) (8 U.S.C. 1182(i))
is amended to read as follows:
‘‘(i) The Attorney General may, in the discretion of
the Attorney General, waive the application of subpara-
graph (A)(i), or clause (i) or (ii) of subparagraph (C), of
subsection (a)(6) in the case of an immigrant who is the
parent, spouse, son, or daughter of a United States citizen
or of an alien lawfully admitted for permanent residence
if it is established to the satisfaction of the Attorney Gen-
eral that the refusal of admission to the United States
of such immigrant alien would result in hardship to the
alien or to the citizen or lawfully resident parent, spouse,
son, or daughter of such an alien.’’.
(b) CONFORMING AMENDMENTS.—Section 212(a)(6)
(8 U.S.C. 1182(a)(6)) is amended—
(1) in subparagraph (A), by adding at the end
the following:
‘‘(iii) 
WAIVER
AUTHORIZED.—For
provision authorizing waiver of this sub-
paragraph, see subsection (i).’’; and
(2) in subparagraph (C)(iii), by striking ‘‘clause
(i),’’ and inserting ‘‘this subparagraph’’.
SEC. 312. DISCRETIONARY WAIVER IN DOCUMENT CASES
INVOLVING FAMILY MEMBERS.
(a) INADMISSIBLE ALIENS.—Section 212(d)(12) (8
U.S.C. 1182(d)(12)) is amended by striking ‘‘spouse or
child’’ and inserting ‘‘spouse, son, daughter, or parent’’.
(b) DEPORTABLE ALIENS.—Section 237(a)(3)(C)(ii)
(8 U.S.C. 1227(a)(3)(C)(ii)) is amended by striking
‘‘spouse or child’’ and inserting ‘‘spouse, son, daughter,
or parent’’.
SEC. 313. DISCRETIONARY WAIVER TO ADMIT PERSONS IN
UNUSUAL CIRCUMSTANCES.
(a) NEW GENERAL WAIVER.—Section 212(d) (8
U.S.C. 1182(d)) is amended by adding at the end the fol-
lowing:
‘‘(13) The Attorney General may, in the discretion
of the Attorney General for humanitarian purposes, to as-
sure family unity, or when it is otherwise in the public
interest, waive the application of subparagraph (B)(i) or
(G)(i) of subsection (a)(6), clause (i) or (ii) of subsection
(a)(9)(A), or subsection (a)(9)(B)(i), in unusual cir-
cumstances. For purposes of the preceding sentence, an
instance of battering or extreme cruelty is deemed to con-
stitute unusual circumstances in the case where it is in-
flicted on an alien (or a child of an alien) by the alien’s
United States citizen or lawful permanent resident spouse,
parent, child, son, or daughter.’’.
(b) WAIVER FOR ALIENS PREVIOUSLY REMOVED.—
(1) CERTAIN ALIENS PREVIOUSLY REMOVED.—
Section 212(a)(9)(A) (8 U.S.C. 1182(a)(9)(A)) is
amended by adding at the end the following:
‘‘(iv) 
WAIVER
AUTHORIZED.—For
provision authorizing waiver of clause (i)
or (ii), see subsection (d)(13).’’.
(2) ALIENS
UNLAWFULLY
PRESENT.—Section
212(a)(9)(B)(v) (8 U.S.C. 1182(a)(9)(B)(v)) is
amended to read as follows:
‘‘(v) WAIVER AUTHORIZED.—For pro-
vision authorizing waiver of clause (i), see
subsection (d)(13).’’.
Subtitle C—Eliminating Unfairness
and Waste in Section 245(i)
Waivers
SEC. 321. PERMANENT APPLICATION OF SECTION 245(i).
Section 245(i)(1) (8 U.S.C. 1255(i)(1)) is amended
by striking ‘‘(i)(1)’’ and all that follows through ‘‘The At-
torney General’’ and inserting the following:
‘‘(i)(1) Notwithstanding the provisions of subsections
(a) and (c) of this section, an alien physically present in
the United States who—
‘‘(A) entered the United States without inspec-
tion; or
‘‘(B) is within one of the classes enumerated in
subsection (c) of this section;
may apply to the Attorney General for the adjustment of
his or her status to that of an alien lawfully admitted for
permanent residence. The Attorney General’’.
SEC. 322. ELIMINATING UNFAIRNESS CREATED BY TEM-
PORARY SUNSET OF SECTION 245(i).
The 
Attorney 
General 
may 
waive 
section
212(a)(9)(B) of the Immigration and Nationality Act in
the case of an alien who—
(1) was ineligible for adjustment of status
under section 245(i) of the Immigration and Nation-
ality Act, as in effect on the day before the date of
the enactment of this Act;
(2) departed from the United States because of
such ineligibility after the date of the enactment of
the Departments of Commerce, Justice, and State,
the Judiciary, and Related Agencies Appropriations
Act, 1998, and before the date of the enactment of
this Act; and
(3) would be eligible for adjustment of status
under section 245(i) by reason of the amendment
made by section 321 but for such departure.
Subtitle D—Equitable Procedures
Concerning Voluntary Departure
SEC. 331. DISCRETIONARY DETERMINATION OF PERIOD OF
VOLUNTARY DEPARTURE.
Section 240B (8 U.S.C. 1229c) is amended in sub-
sections (a)(2) and (b)(2) by striking ‘‘not be valid’’ and
all that follows through the period and inserting ‘‘be valid
for a period determined by the Attorney General to be
suitable to an alien’s circumstances and that permits the
alien to depart without government expense or interven-
tion.’’.
SEC. 
332. 
DISCRETIONARY 
DETERMINATION 
OF 
VOL-
UNTARY DEPARTURE BOND BASED ON INDI-
VIDUAL CIRCUMSTANCES.
Section 240B(b)(3) (8 U.S.C. 1229c(b)(3)) is amend-
ed by striking ‘‘shall’’ and inserting ‘‘may’’.
SEC. 333. ELIMINATION OF AUTOMATIC PENALTIES FOR
FAILING TO DEPART IN ACCORDANCE WITH A
VOLUNTARY DEPARTURE GRANT.
Section 240B (8 U.S.C. 1229c) is amended by strik-
ing subsection (d).
Subtitle E—Fairness in
Determination of Public Charge
SEC. 341. EQUITABLE PROCEDURES CONCERNING PUBLIC
CHARGE AND AFFIDAVIT OF SUPPORT.
(a) GROUNDS FOR INELIGIBILITY FOR ADMISSION.—
Section 212(a)(4) (8 U.S.C. 1182(a)(4)) is amended—
(1) by amending subparagraph (B)(ii) to read
as follows:
‘‘(ii) If an alien submits an affidavit of
support described in section 213A, in addition
to the factors under clause (i), the consular of-
ficer or the Attorney General shall also consider
such affidavit in determining whether the alien
is inadmissible under this paragraph.’’; and
(2) by striking subparagraphs (C) and (D).
(b) REQUIREMENTS FOR SPONSOR’S AFFIDAVIT OF
SUPPORT.—Subsections 
(a)(1)(A), 
(f)(1)(E), 
and
(f)(4)(B)(i) of section 213A (8 U.S.C. 1183a(a)(1)(A),
(f)(1)(E), and (f)(4)(B)(i)) are amended by striking
‘‘125’’ and inserting ‘‘100’’.
TITLE IV—FAIRNESS IN ASYLUM
AND REFUGEE PROCEEDINGS
Subtitle A—Increased Fairness in
Asylum Proceedings
SEC. 401. ELIMINATION OF ARBITRARY TIME LIMITS ON
ASYLUM APPLICATIONS.
Section 
208(a)(2) 
(8 
U.S.C. 
1158(a)(2)) 
is
amended—
(1) by striking subparagraph (B);
(2) in subparagraph (C), by striking ‘‘(D)’’ and
inserting ‘‘(C)’’;
(3) in subparagraph (D), by striking ‘‘subpara-
graphs (B) and (C),’’ and inserting ‘‘subparagraph
(B),’’; and
(4) by redesignating subparagraphs (C) and
(D) as subparagraphs (B) and (C), respectively.
SEC. 402. GENDER-BASED PERSECUTION.
(a) TREATMENT AS REFUGEE.—Section 101(a)(42)
(8 U.S.C. 1101(a)(42)) is amended by adding at the end
the following:
‘‘For purposes of determinations under this Act, a person
who establishes that he or she suffered persecution in the
past, or has a well-founded fear of persecution, on account
of gender shall be considered to have suffered persecution,
or to have a well-founded fear of persecution, on account
of membership in a particular social group.’’.
(b) RESTRICTION ON REMOVAL TO COUNTRY WHERE
ALIEN WOULD BE THREATENED.—Section 241(b)(3) (8
U.S.C. 1231(b)(3)) is amended by adding at the end the
following:
‘‘(C) GENDER-BASED PERSECUTION.—For
purposes of determinations under this para-
graph, an alien who establishes that the alien’s
life or freedom would be threatened in a coun-
try on account of gender shall be considered to
have established that the alien’s life or freedom
would be threatened in that country on account
of membership in a particular social group.’’.
SEC. 403. ELIMINATION OF ARBITRARY CAP ON PERSONS
ELIGIBLE TO ADJUST STATUS FROM ASYLEES
TO LEGAL PERMANENT RESIDENTS.
Section 209(b) (8 U.S.C. 1159(b)) is amended by
striking ‘‘Not more than 10,000 of the’’ and all that fol-
lows through ‘‘to adjust’’ and inserting ‘‘Subject to a nu-
merical limitation determined by the President before the
beginning of each fiscal year, the Attorney General may
adjust, in the Attorney General’s discretion and under
such regulations as the Attorney General may prescribe,’’.
SEC. 
404. 
RESTORATION 
OF 
ELIGIBILITY 
FOR 
WITH-
HOLDING OF REMOVAL FOR PERSONS FAC-
ING LOSS OF LIFE OR FREEDOM.
Section 241(b)(3)(B) (8 U.S.C. 1231(b)(3)(B)) is
amended—
(1) by amending clause (ii) to read as follows:
‘‘(ii) the alien—
‘‘(I) has been convicted by final
judgment of a particularly serious
crime for which the sentence imposed
was an aggregate term of imprison-
ment of five years or more; and
‘‘(II) is a danger to the commu-
nity of the United States.’’;
(2) by striking the second and third sentences;
and
(3) by adding at the end ‘‘Notwithstanding this
subparagraph, an alien may be granted relief under
subparagraph (A) if the Attorney General deter-
mines the alien should not be removed for urgent
humanitarian reasons.’’.
Subtitle B—Increased Fairness and
Rationality 
in 
Refugee 
Con-
sultations
SEC. 411. TIMELY CONSULTATION WITH RESPECT TO REF-
UGEE ADMISSIONS.
Section 207(d)(1) (8 U.S.C. 1157(d)(1)) is amended
by striking ‘‘the start of each fiscal year’’ and inserting
‘‘the submission by the President to the Congress of the
President’s budget for the Federal Government with re-
spect to a fiscal year,’’.
TITLE V—INCREASED FAIRNESS
AND EQUITY IN NATURALIZA-
TION 
AND 
LEGALIZATION
PROCEEDINGS
Subtitle A—Naturalization
Proceedings
SEC. 501. INCREASED AUTHORIZATION OF FUNDS FOR NAT-
URALIZATION PROCEEDINGS.
(a) IMMIGRATION EXAMINATIONS FEE ACCOUNT
MODIFICATION.—Section 286(m) (8 U.S.C. 1356(m)) is
amended to read as follows:
‘‘(m)(1) Notwithstanding any other provision of law,
all adjudication fees as are designated by the Attorney
General in regulations shall be deposited as offsetting re-
ceipts into a separate account entitled ‘Immigration Ex-
aminations Fee Account’ in the Treasury of the United
States (in this subsection referred to as the ‘Account’),
whether collected directly by the Attorney General or
through clerks of courts.
‘‘(2)(A) All fees received by the Attorney General
from applicants residing in the Virgin Islands of the
United States and in Guam under this subsection shall
be paid over to the treasury of the Virgin Islands and to
the treasury of Guam.
‘‘(B) Fees for providing adjudication and naturaliza-
tion services may be set at a level that—
‘‘(i) will ensure recovery of the full costs of pro-
viding all such services, including the costs of similar
services provided without charge to asylum appli-
cants or other immigrants; and
‘‘(ii) will recover any additional costs associated
with the administration of the fees collected.
‘‘(3) Each fee collected for the provision of an adju-
dication or naturalization service shall be used only to
fund adjudication or naturalization services or, subject to
the availability of funds provided pursuant to paragraph
(6), costs of similar services provided without charge to
asylum and refugee applicants.
‘‘(4) No such fee may be used for immigration en-
forcement purposes by the Attorney General or any other
officer or employee of the Federal Government.
‘‘(5) No such fee may be used to fund adjudication-
related or naturalization-related audits which are not reg-
ularly conducted in the normal course of operation.
‘‘(6) There are authorized to be appropriated such
sums as may be necessary to carry out the provisions of
sections 207 through 209. All funds appropriated to carry
out this paragraph shall be deposited into the Account and
shall remain available until expended.’’.
(b) AUTHORIZATION OF APPROPRIATIONS FOR EXPE-
DITIOUS PROCESSING OF APPLICATIONS.—Section 404 of
the Immigration and Nationality Act (8 U.S.C. 1101 note)
is amended by adding at the end the following:
‘‘(c) There are authorized to be appropriated for fis-
cal years 2000 through 2006 such sums as may be
necessary—
‘‘(1) to reduce the backlog of applications for
naturalization under section 334 so that the proc-
essing time for such an application is not more than
6 months; and
‘‘(2) to provide more expeditious processing of
other applications for a benefit under this Act (such
as petitions for an immigrant or nonimmigrant visa,
applications for adjustment of status, and applica-
tions for employment authorization).’’.
SEC. 502. EXEMPTION FROM ENGLISH LANGUAGE RE-
QUIREMENT 
FOR 
CERTAIN 
ALIENS 
WHO
SERVED WITH SPECIAL GUERRILLA UNITS OR
IRREGULAR FORCES.
The requirement of paragraph (1) of section 312(a)
of the Immigration and Nationality Act (8 U.S.C.
1423(a)(1)) shall not apply to the naturalization of any
person—
(1) who—
(A) was admitted into the United States as
an immigrant from Cambodia or Vietnam pur-
suant to section 207 of the Immigration and
Nationality Act (8 U.S.C. 1157); and
(B) served with a special guerrilla unit, or
irregular forces, operating from Cambodia or
Vietnam in support of the United States mili-
tary at any time during the period beginning
February 28, 1961, and ending September 18,
1978; or
(2) who—
(A) satisfies the requirement of paragraph
(1)(A); and
(B) was the spouse of a person described
in paragraph (1) on the day on which such de-
scribed person applied for admission into the
United States as an immigrant.
SEC. 503. SPECIAL CONSIDERATION CONCERNING CIVICS
REQUIREMENT FOR CERTAIN ALIENS WHO
SERVED WITH SPECIAL GUERRILLA UNITS OR
IRREGULAR FORCES.
The Attorney General shall provide for special consid-
eration, as determined by the Attorney General, con-
cerning the requirement of paragraph (2) of section
312(a) of the Immigration and Nationality Act (8 U.S.C.
1423(a)(2)) with respect to the naturalization of any per-
son described in paragraph (1) or (2) of section 502 of
this Act.
SEC. 504. DOCUMENTATION OF QUALIFYING SERVICE.
A person seeking an exemption under section 502 or
special consideration under section 503 shall submit to the
Attorney General documentation of their, or their
spouse’s, service with a special guerrilla unit, or irregular
forces, described in section 502(1)(B), in the form of—
(1) original documents;
(2) an affidavit of the serving person’s superior
officer;
(3) 2 affidavits from other individuals who also
were serving with such a special guerrilla unit, or ir-
regular forces, and who personally knew of the per-
son’s service; or
(4) other appropriate proof.
SEC. 505. DETERMINATION OF ELIGIBILITY FOR EXEMP-
TION AND SPECIAL CONSIDERATION.
In determining a person’s eligibility for an exemption
under section 502 or special consideration under section
503, the Attorney General—
(1) shall review the refugee processing docu-
mentation for the person, or, in an appropriate case,
for the person and the person’s spouse, to verify that
the requirements of section 502 relating to refugee
applications and admissions have been satisfied;
(2) shall consider the documentation submitted
by the person under section 504;
(3) shall request an advisory opinion from the
Secretary of Defense regarding the person’s, or the
person’s spouse’s, service in a special guerrilla unit,
or irregular forces, described in section 502(1)(B)
and shall take into account that opinion; and
(4) may consider any certification prepared by
any community advocacy organization or voluntary
refugee settlement agency maintaining records with
respect to ethnic minority veterans of the Vietnam
War or their families from Cambodia or Vietnam.
SEC. 506. DEADLINE FOR APPLICATION AND PAYMENT OF
FEES.
This subtitle shall apply to a person only if the per-
son’s application for naturalization is filed, as provided in
section 334 of the Immigration and Nationality Act (8
U.S.C. 1445), with appropriate fees not later than 36
months after the date of the enactment of this Act.
Subtitle B—Parity in Treatment for
Refugees From Central America
and Haiti
SEC. 511. ADJUSTMENT OF STATUS FOR CERTAIN NATION-
ALS FROM EL SALVADOR, GUATEMALA, HON-
DURAS, AND HAITI.
Section 202 of the Nicaraguan Adjustment and Cen-
tral American Relief Act is amended—
(1) in the section heading, by striking ‘‘NICA-
RAGUANS
AND
CUBANS’’ and inserting ‘‘NICA-
RAGUANS, CUBANS, SALVADORANS, GUATEMALANS,
HONDURANS, AND HAITIANS’’;
(2) in subsection (a)(1)(A), by striking ‘‘April
1, 2000’’ and inserting ‘‘before the expiration of the
3-year period beginning on the date of the enact-
ment of the Restoration of Fairness in Immigration
Law Act of 2000’’.
(3) in subsection (b)(1), by striking ‘‘Nicaragua
or Cuba’’ and inserting ‘‘Nicaragua, Cuba, El Sal-
vador, Guatemala, Honduras, or Haiti’’;
(4) in subsection (d)(1)(E), by striking ‘‘before
April 1, 2000’’ and inserting ‘‘before the expiration
of the 3-year period beginning on the date of the en-
actment of the Restoration of Fairness in Immigra-
tion Law Act of 2000’’.
SEC. 512. APPLICATIONS PENDING UNDER SECTION 203 OF
THE NICARAGUAN ADJUSTMENT AND CEN-
TRAL AMERICAN RELIEF ACT.
An application for relief properly filed by a national
of Guatemala or El Salvador under section 203 of the Nic-
araguan Adjustment and Central American Relief Act
which was filed on or before the date of enactment of this
Act, and on which a final administrative determination has
not been made, may be converted by the applicant, without
charge, to an application for adjustment of status under
the provisions of section 202 of the Nicaraguan Adjust-
ment and Central American Relief Act, as amended, and
in accordance with procedures that the Attorney General
shall prescribe by regulation. The Attorney General shall
not be required to refund any fees paid in connection with
an application filed by a national of Guatemala or El Sal-
vador under section 203 of the Nicaraguan Adjustment
and Central American Relief Act.
SEC. 513. APPLICATIONS PENDING UNDER THE HAITIAN
REFUGEE IMMIGRATION FAIRNESS ACT OF
1998.
An application for adjustment of status properly filed
by a national of Haiti under the Haitian Refugee Immi-
gration Fairness Act of 1998 which was filed on or before
the date of the enactment of this Act, and on which a
final administrative determination has not been made,
may be considered by the Attorney General, in the Attor-
ney General’s unreviewable discretion, also to constitute
an application for adjustment of status under the provi-
sions of section 202 of the Nicaraguan Adjustment and
Central American Relief Act.
SEC. 514. TECHNICAL AMENDMENTS TO THE NICARAGUAN
ADJUSTMENT AND CENTRAL AMERICAN RE-
LIEF ACT.
Section 202 of the Nicaraguan Adjustment and Cen-
tral American Relief Act is amended—
(1) in subsection (a)(1)(B), by inserting ‘‘and
the Attorney General may, in her unreviewable dis-
cretion, waive the grounds of inadmissibility speci-
fied 
in 
section 
212(a)(1)(A)(i) 
and 
section
212(a)(6)(C) for humanitarian purposes, to assure
family unity, or when it is otherwise in the public
interest’’ after ‘‘apply’’;
(2) in subsection (a), by redesignating para-
graph (2) as paragraph (3) and by inserting after
paragraph (1) the following:
‘‘(2) INAPPLICABILITY
OF
CERTAIN
PROVI-
SIONS.—In determining the eligibility of an alien de-
scribed in subsection (b) or (d) for either adjustment
of status under this section or other relief necessary
to establish eligibility for such adjustment, the provi-
sions of section 241(a)(5) shall not apply. In addi-
tion, an alien who would otherwise be inadmissible
pursuant to section 212(a)(9) (A) or (C) may apply
for the Attorney General’s consent to reapply for ad-
mission without regard to the requirement that the
consent be granted prior to the date of the alien’s
reembarkation at a place outside the United States
or attempt to be admitted from foreign contiguous
territory, in order to qualify for the exception to
those grounds of inadmissibility set forth in sections
212(a)(9)(A)(iii) and 212(a)(9)(C)(ii).’’;
(3) in subsection (a), by striking paragraph (3)
(as so redesignated) and inserting the following:
‘‘(3) RELATIONSHIP OF APPLICATION TO CER-
TAIN
ORDERS.—An alien present in the United
States who has been ordered excluded, deported, or
removed, or ordered to depart voluntarily from the
United States under any provision may, notwith-
standing such order, apply for adjustment of status
under paragraph (1). Such an alien may not be re-
quired, as a condition of submitting or granting such
application, to file a separate motion to reopen, re-
consider, or vacate such order. Such an alien may be
required to seek a stay of such an order in accord-
ance with subsection (c) to prevent the execution of
that order pending the adjudication of the applica-
tion for adjustment of status. If the Attorney Gen-
eral denies a stay of a final order of exclusion, de-
portation, or removal, or if the Attorney General
renders a final administrative determination to deny
the application for adjustment of status, the order
shall be effective and enforceable to the same extent
as if the application had not been made. If the At-
torney General grants the application for adjustment
of status, the Attorney General shall cancel the
order.’’;
(4) in subsection (b)(1), by adding at the end
the following: ‘‘However, subsection (a) shall not
apply to an alien lawfully admitted for permanent
residence, unless he or she is applying for such relief
in deportation or removal proceedings.’’;
(5) in subsection (c)(1), by adding at the end
the following: ‘‘Nothing in this Act shall require the
Attorney General to stay the removal of an alien
who is ineligible for adjustment of status under this
Act.’’;
(6) in subsection (d)—
(A) by amending the subsection heading to
read ‘‘SPOUSES, CHILDREN, AND UNMARRIED
SONS AND DAUGHTERS.—’’;
(B) in paragraph (1), by amending the
heading to read ‘‘ADJUSTMENT OF STATUS.—’’;
(C) by striking paragraph (1)(A), and in-
serting the following:
‘‘(A) the alien entered the United States
before the date of the enactment of the Res-
toration of Fairness in Immigration Law Act of
2000;’’;
(D) in paragraph (1)(B), by inserting after
‘‘except that’’ the following: ‘‘(i) in the case of
such a spouse, stepchild, or unmarried stepson
or stepdaughter, the qualifying marriage was
entered into before the date of the enactment of
the Restoration of Fairness in Immigration
Law Act of 2000; and (ii)’’; and
(E) by adding a new paragraph (3) to read
as follows:
‘‘(3) ELIGIBILITY OF CERTAIN SPOUSES AND
CHILDREN FOR ISSUANCE OF IMMIGRANT VISAS.—
‘‘(A) In accordance with regulations to be
promulgated by the attorney General and the
Secretary of State, upon approval of an applica-
tion for adjustment of status to that of an alien
lawfully admitted for permanent residence
under subsection (a), an alien who is the spouse
or child of the alien being granted such status
may be issued a visa for admission to the
United States as an immigrant following to join
the principal applicant, if the spouse or child—
‘‘(i) meets the requirements in sub-
paragraphs (B) and (D) of paragraph (1);
and
‘‘(ii) applies for such a visa not later
than 3 years after the date of the enact-
ment of the Restoration of Fairness in Im-
migration Law Act of 2000.
‘‘(B) The Secretary of State may retain
fees to recover the cost of immigrant visa appli-
cation processing and issuance for certain
spouses and children of aliens whose applica-
tions for adjustment of status under subsection
(a) have been approved. Such fees—
‘‘(i) shall be deposited as an offsetting
collection to any Department of State ap-
propriation to recover the cost of such
processing and issuance; and
‘‘(ii) shall be available until expended
for the same purposes of such appropria-
tion to support consular activities.’’;
(7) in subsection (g), by inserting after ‘‘for
permanent residence’’ the following: ‘‘or an immi-
grant classification’’; and
(8) by adding at the end the following:
‘‘(i) ADMISSIONS.—Nothing in this section shall be
construed as authorizing an alien to apply for admission
to, be admitted to, be paroled into, or otherwise lawfully
return to the United States, to apply for or to pursue an
application for adjustment of status under this section
without the express authorization of the Attorney Gen-
eral.’’.
SEC. 515. TECHNICAL AMENDMENTS TO THE HAITIAN IMMI-
GRATION FAIRNESS ACT OF 1998.
Section 902 of the Haitian Refugee Immigration
Fairness Act of 1998 is amended—
(1) in subsection (a)(1)(B), by inserting after
‘‘apply’’ the following: ‘‘and the Attorney General
may, in the Attorney General’s unreviewable discre-
tion, waive the grounds of inadmissibility specified in
sections 212(a)(1)(A)(i) and 212(a)(6)(C) of the Im-
migration and Nationality Act for humanitarian pur-
poses, to assure family unity, or when it is otherwise
in the public interest’’;
(2) in subsection (a), by redesignating para-
graph (2) as paragraph (3) and by inserting after
paragraph (1) the following:
‘‘(2) INAPPLICABILITY
OF
CERTAIN
PROVI-
SIONS.—In determining the eligibility of an alien de-
scribed in subsection (b) or (d) for either adjustment
of status under this section or other relief necessary
to establish eligibility for such adjustment, or for
permission to reapply for admission to the United
States for the purpose of adjustment of status under
this section, the provisions of section 241(a)(5) shall
not apply. In addition, an alien who would otherwise
be inadmissible pursuant to subparagraph (A) or (C)
of section 212(a)(9) of the Immigration and Nation-
ality Act may apply for the Attorney General’s con-
sent to reapply for admission without regard to the
requirement that the consent be granted prior to the
date of the alien’s reembarkation at a place outside
the United States or attempt to be admitted from
foreign contiguous territory, in order to qualify for
the exception to those grounds of inadmissibility set
forth in subparagraphs (A)(iii) and (C)(ii) of section
212(a)(9) of such Act.’’;
(3) in subsection (a), by striking paragraph (3)
(as so redesignated) and by inserting the following:
‘‘(3) RELATIONSHIP OF APPLICATION TO CER-
TAIN
ORDERS.—An alien present in the United
States who has been ordered excluded, deported, or
removed, or ordered to depart voluntarily from the
United States under any provision may, notwith-
standing such order, apply for adjustment of status
under paragraph (1). Such an alien may not be re-
quired, as a condition of submitting or granting such
application, to file a separate motion to reopen, re-
consider, or vacate such order. Such an alien may be
required to seek a stay of such an order in accord-
ance with subsection (c) to prevent the execution of
that order pending the adjudication of the applica-
tion for adjustment of status. If the Attorney Gen-
eral denies a stay of a final order of exclusion, de-
portation, or removal, or if the Attorney General
renders a final administrative determination to deny
the application for adjustment of status, the order
shall be effective and enforceable to the same extent
as if the application had not been made. If the At-
torney General grants the application for adjustment
of status, the Attorney General shall cancel the
order.’’;
(4) in subsection (b)(1), by adding at the end
the following: ‘‘However, subsection (a) shall not
apply to an alien lawfully admitted for permanent
residence, unless he or she is applying for such relief
in deportation or removal proceedings.’’;
(5) in subsection (c)(1), by adding at the end
the following: ‘‘Nothing in this Act shall require the
Attorney General to stay the removal of an alien
who is ineligible for adjustment of status under this
Act.’’;
(6) in subsection (d)—
(A) by amending the subsection heading to
read ‘‘SPOUSES, CHILDREN, AND UNMARRIED
SONS AND DAUGHTERS.—’’;
(B) in paragraph (1), by amending the
heading to read ‘‘ADJUSTMENT OF STATUS.—’’;
(C) by striking paragraph (1)(A), and in-
serting the following:
‘‘(A) the alien entered the United States
on or before the date of the enactment of the
Restoration of Fairness in Immigration Law
Act of 2000;’’;
(D) in paragraph (1)(B), by inserting after
‘‘except that’’ the following: ‘‘(i) in the case of
such a spouse, stepchild, or unmarried stepson
or stepdaughter, the qualifying marriage was
entered into before the date of the enactment of
the Restoration of Fairness in Immigration
Law Act of 2000; and (ii)’’;
(E) in paragraph (1), by adding at the end
the following:
‘‘(E) the alien applies for such adjustment
before April 3, 2003.’’; and
(F) by adding at the end the following:
‘‘(3) ELIGIBILITY OF CERTAIN SPOUSES AND
CHILDREN FOR ISSUANCE OF IMMIGRANT VISAS.—
‘‘(A) In accordance with regulations to be
promulgated by the Attorney General and the
Secretary of State, upon approval of an applica-
tion for adjustment of status to that of an alien
lawfully admitted for permanent residence
under subsection (a), an alien who is the spouse
or child of the alien being granted such status
may be issued a visa for admission to the
United States as an immigrant following to join
the principal applicant, if the spouse or child:
‘‘(i) meets the requirements in sub-
paragraphs (B) and (D) of paragraph (1);
and
‘‘(ii) applies for such a visa within a
time period to be established by regulation.
‘‘(B) The Secretary of State may retain
fees to recover the cost of immigrant visa appli-
cation processing and issuance for certain
spouses and children of aliens whose applica-
tions for adjustment of status under subsection
(a) have been approved. Such fees—
‘‘(i) shall be deposited as an offsetting
collection to any Department of State ap-
propriation to recover the cost of such
processing and issuance; and
‘‘(ii) shall be available until expended
for the same purposes of such appropria-
tion to support consular activities.’’;
(7) in subsection (g), by inserting after ‘‘for
permanent residence’’ the following: ‘‘or an immi-
grant classification’’; and
(8) by redesignating subsections (i), (j), and (k)
as subsections (j), (k), and (l) respectively, and by
inserting after subsection (h) the following:
‘‘(i) ADMISSIONS.—Nothing in this section shall be
construed as authorizing an alien to apply for admission
to, be admitted to, be paroled into, or otherwise lawfully
return to the United States, to apply for or to pursue an
application for adjustment of status under this section
without the express authorization of the Attorney Gen-
eral.’’.
SEC. 516. MOTIONS TO REOPEN.
(a) HAITIAN
NATIONALS.—Notwithstanding any
time and number limitations imposed by law on motions
to reopen, a national of Haiti who, on the date of the en-
actment of this Act, has a final administrative denial of
an application for adjustment of status under the Haitian
Refugee Immigration Fairness Act of 1998, and is made
eligible for adjustment of status under that Act by the
amendments made by this subtitle, may file one motion
to reopen exclusion, deportation, or removal proceedings
to have the application considered again. All such motions
shall be filed within 180 days of the date of the enactment
of this Act. The scope of any proceeding reopened on this
basis shall be limited to a determination of the alien’s eli-
gibility for adjustment of status under the Haitian Ref-
ugee Immigration Fairness Act of 1998.
(b) CUBAN
AND NICARAGUAN NATIONALS.—Not-
withstanding any time and number limitations imposed by
law on motions to reopen, a national of Cuba or Nicaragua
who, on the date of the enactment of this Act, has a final
administrative denial of an application for adjustment of
status under the Nicaraguan Adjustment and Central
American Relief Act, and who is made eligible for adjust-
ment of status under that Act by the amendments made
by this Act, may file one motion to reopen exclusion, de-
portation, or removal proceedings to have the application
considered again. All such motions shall be filed within
180 days of the date of the enactment of this Act. The
scope of any proceeding reopened on this basis shall be
limited to a determination of the alien’s eligibility for ad-
justment of status under the Nicaraguan Adjustment and
Central American Relief Act.
Subtitle C—Equality of Treatment
for Women’s Citizenship
SEC. 521. DECLARATION OF CITIZENSHIP FOR CERTAIN
WOMEN WHO LOST CITIZENSHIP SOLELY BY
REASON OF MARRIAGE TO AN ALIEN PRIOR
TO SEPTEMBER 22, 1922.
(a) IN GENERAL.—Notwithstanding any provision of
title III of the Immigration and Nationality Act (8 U.S.C.
1401 et seq.), any woman who was a citizen of the United
States, lost such citizenship solely because the woman
married an alien prior to September 22, 1922, and died
before December 24, 1952, is hereby declared to be a cit-
izen of the United States as of the date of the enactment
of this Act.
(b) NO RETROACTIVE EFFECT.—This subtitle may
not be construed to affect—
(1) the citizenship of any person other than a
woman described in subsection (a); or
(2) the citizenship before the date of the enact-
ment of this Act of a woman described in subsection
(a).
SEC. 522. EQUITY IN TRANSMISSION OF CITIZENSHIP.
Subsection (d) of section 101 of the Immigration and
Nationality Technical Corrections Act of 1994 (Public
Law 103–416; 8 U.S.C. 1401 note) is amended to read
as follows:
‘‘(d) WAIVER OF TRANSMISSION REQUIREMENTS.—
The parental physical presence requirement contained in
section 301(g) of the Immigration and Nationality Act
shall not apply to any person born before the date of en-
actment of this Act who claims United States citizenship
based on such person’s descent from an individual de-
scribed in section 301(h) of the Immigration and Nation-
ality Act.’’.
Subtitle D—Fairness in the Treat-
ment for Refugees From Liberia
SEC. 531. ADJUSTMENT OF STATUS OF CERTAIN LIBERIAN
NATIONALS.
(a) ALIENS ELIGIBLE FOR ADJUSTMENT OF STA-
TUS.—The Attorney General shall adjust the status of an
alien to that of an alien lawfully admitted for permanent
residence, if the alien—
(1) is a national of Liberia;
(2) is eligible to remain in the United States
under the provisions of the Deferred Enforcement
Departure (DED) Order executed by President Wil-
liam J. Clinton, dated September 27, 1999;
(3) applies for adjustment before September 29,
2002; and
(4) is otherwise eligible to receive an immigrant
visa and is otherwise admissible to the United States
for permanent residence, except that, in determining
such admissibility, the grounds for inadmissibility
specified in paragraphs (4), (5), (6)(A), and (7)(A)
of section 212(a) of the Immigration and Nationality
Act shall not apply.
(b) ADJUSTMENT
OF STATUS
FOR SPOUSES
AND
CHILDREN.—The status of an alien shall be adjusted by
the Attorney General to that of an alien lawfully admitted
for permanent residence, if the alien is the spouse or child
of a Liberian national whose status is adjusted to that
of an alien lawfully admitted for permanent residence
under subsection (a) and is otherwise eligible to receive
an immigrant visa and is otherwise admissible to the
United States for permanent residence, except that, in de-
termining such admissibility, the grounds for inadmis-
sibility specified in paragraphs (4), (5), (6)(A), and (7)(A)
of section 212(a) of the Immigration and Nationality Act
shall not apply.
(c) INELIGIBLE ALIENS.—An alien shall not be eligi-
ble for adjustment of status under this section if the At-
torney General finds that the alien has been convicted and
sentenced to incarceration in a Federal or State correc-
tional facility or penitentiary.
(d) RELATIONSHIP
OF APPLICATION
TO CERTAIN
ORDERS.—A Liberian national present in the United
States, who is qualified to remain in the United States
under the Deferred Enforcement Departure Order of
President William J. Clinton, dated September 27, 1999,
who has been ordered excluded, deported, removed, or or-
dered to depart voluntarily from the United States under
any provision of the Immigration and Nationality Act
may, notwithstanding such order, apply for adjustment of
status under subsection (a), if otherwise qualified under
that subsection. Such a Liberian national may not be re-
quired, as a condition on submitting or granting such ap-
plication, to file a separate motion to reopen, reconsider,
or vacate such order. If the Attorney General grants the
application, the Attorney General shall cancel the order.
If the Attorney General makes a final decision to deny
the application, the order shall be effective and enforceable
to the same extent as if the application had not been
made.
(e) AVAILABILITY OF ADMINISTRATIVE REVIEW.—
The Attorney General shall provide to applicants for ad-
justment of status under this Act the same right to, and
procedures for, administrative review as are provided to—
(1) applicants for adjustment of status under
section 245 of the Immigration and Nationality Act;
or
(2) aliens subject to removal proceedings under
section 240 of such Act.
(f) NO OFFSET IN NUMBER OF VISAS AVAILABLE.—
When an alien is granted the status of having been law-
fully admitted for permanent residence pursuant to this
section, the Secretary of State shall not be required to re-
duce the number of immigrant visas authorized to be
issued under any provision of the Immigration and Na-
tionality Act.
(g) STAY OF REMOVAL.—The Attorney General shall
provide by regulation for a Liberian national, qualified to
benefit under the provision of this Act, who is subject to
a final order of deportation or removal or exclusion to seek
a stay of such order based on the filing of an application
under this Act.
(h) DURING
CERTAIN
PROCEEDINGS.—Notwith-
standing any provision of the Immigration and Nationality
Act, the Attorney General shall not order a Liberian na-
tional to be removed from the United States if the Libe-
rian national is in exclusion, deportation, or removal pro-
ceedings under any provision of such Act and has applied
for adjustment of status under subsection (a), except
where the Attorney General has made a final determina-
tion to deny the application.
(i) WORK AUTHORIZATION.—The Attorney General
may authorize a Liberian national, who has applied for
adjustment of status under subsection (a), or who has ap-
plied for adjustment of status as a spouse or child under
this Act, to engage in employment in the United States
during the pendency of such application and may provide
the alien with an ‘‘employment authorized’’ endorsement
or other appropriate document signifying authorization of
employment, except that, if such application is pending for
a period exceeding 180 days and has not been denied, the
Attorney General shall authorize such employment.
(j) RECORD OF PERMANENT RESIDENCE.—Upon ap-
proval of the application of a Liberian national for adjust-
ment of status under subsection (a), the Attorney General
shall establish a record of the alien’s admission for perma-
nent residence as of the date of the alien’s arrival in the
United States.
Subtitle E—Fairness in Review of
Previously 
Granted 
Amnesty
Rights
SEC. 541. ELIMINATION OF LIMITATION ON LEGALIZATION
LITIGATION.
Section 245A(f)(4) (8 U.S.C. 1255a(f)(4)) is amend-
ed by striking subparagraph (C).
Subtitle F—Legal Amnesty
Restoration
SEC. 551. RECORD OF ADMISSION FOR PERMANENT RESI-
DENCE IN THE CASE OF CERTAIN ALIENS.
(a) IN GENERAL.—Section 249 (8 U.S.C. 1259) is
amended—
(1) in the section heading by striking ‘‘1972’’
and inserting ‘‘1986’’; and
(2) in paragraph (a), by striking ‘‘1972’’ and
inserting ‘‘1986’’.
(b) CLERICAL AMENDMENT.—The table of sections
is amended in the item relating to section 249 by striking
‘‘1972’’ and inserting ‘‘1986’’.
Subtitle G—Equality of Treatment
for Asian American Visa Petitions
SEC. 561. IMMIGRATION OF CERTAIN ALIENS BORN IN THE
PHILIPPINES OR JAPAN AND FATHERED BY
U.S. CITIZENS.
Section 204(f)(2)(A) (8 U.S.C. 1154(f)(2)(A)) is
amended—
(1) by inserting ‘‘(I)’’ after ‘‘born’’; and
(2) by inserting after ‘‘subsection,’’ the fol-
lowing: ‘‘(II) in the Philippines after 1950 and be-
fore November 24, 1992, or (III) in Japan after
1950 and before the date of the enactment of this
subclause,’’.
TITLE VI—FAIRNESS AND COM-
PASSION IN THE TREATMENT
OF BATTERED IMMIGRANTS
SEC. 601. FINDINGS AND PURPOSES.
(a) FINDINGS.—Congress finds that—
(1) the goal of the immigration protections for
battered immigrants included in the Violence
Against Women Act of 1994 was to remove immi-
gration laws as a barrier that kept battered immi-
grant women and children locked in abusive relation-
ships;
(3) to correct erosions of the Violence Against
Women Act of 1994 immigration protections that
occurred as a result of the Illegal Immigration Re-
form and Immigrant Responsibility Act of 1996 and
the Balanced Budget Act of 1997.
SEC. 602. RESTORING IMMIGRATION PROTECTIONS UNDER
THE VIOLENCE AGAINST WOMEN ACT OF 1994
(VAWA).
(a) REMOVING BARRIERS TO ADJUSTMENT OF STA-
TUS FOR VICTIMS OF DOMESTIC VIOLENCE.—Section 245
(8 U.S.C. 1255) is amended—
(1) in subsection (a), by inserting ‘‘or the sta-
tus of any other alien having an approved petition
for 
classification 
under 
subparagraph 
(A)(iii),
(A)(iv), (A)(v), (A)(vi), (B)(ii), (B)(iii), or (B)(iv) of
section 204(a)(1) or’’ after ‘‘into the United States’’;
and
(2) in subsection (c), by striking ‘‘Subsection
(a) shall not be applicable to’’ and inserting the fol-
lowing: ‘‘Other than an alien who has an approved
petition 
for 
classification 
under 
subparagraph
(A)(iii), (A)(iv), (A)(v), (A)(vi), (B)(ii), (B)(iii), or
(B)(iv) of section 204(a)(1), subsection (a) shall not
be applicable to’’.
(b) REMOVING BARRIERS TO CANCELLATION OF RE-
MOVAL AND SUSPENSION OF DEPORTATION FOR VICTIMS
OF DOMESTIC VIOLENCE.—
(1) EXEMPTION FROM ANNUAL LIMITATION ON
CANCELLATION
OF
REMOVAL
FOR
BATTERED
SPOUSE OR CHILD.—Section 240A(e)(3) (8 U.S.C.
1229b(e)(3)) is amended by adding at the end the
following:
‘‘(C) Aliens in removal proceedings who
applied for cancellation of removal under sub-
section (b)(2).’’.
(2) MODIFICATION
OF
CERTAIN
TRANSITION
RULES
FOR
BATTERED
SPOUSE
OR
CHILD.—Sub-
paragraph (C) of section 309(c)(5) of the Illegal Im-
migration Reform and Immigrant Responsibility Act
of 1996 (8 U.S.C. 1101 note), as amended by sec-
tion 203(a) of Public Law 105–100, is amended—
(A) in the heading by inserting ‘‘AND FOR
BATTERED
SPOUSES
AND
CHILDREN’’ after
‘‘FROM DEPORTATION’’; and
(B) in clause (i)—
(i) by striking, ‘‘or’’ at the end of sub-
clause (IV);
(ii) by striking the period at the end
of subclause (V) and inserting ‘‘; or’’; and
(iii) by adding at the end the fol-
lowing new subclause:
‘‘(VI) is an alien who was issued
an order to show cause or was in de-
portation proceedings before April 1,
1997, and who applied for suspension
of deportation under section 244(a)(3)
of the Immigration and Nationality
Act (as in effect before the date of the
enactment of this Act).’’.
(c) ELIMINATING TIME LIMITATIONS ON MOTIONS
TO REOPEN REMOVAL AND DEPORTATION PROCEEDINGS
FOR VICTIMS OF DOMESTIC VIOLENCE.—
(1) 
REMOVAL
PROCEEDINGS.—Section
240(c)(6)(C) (8 U.S.C. 1229a(c)(6)(C)) is amended
by adding at the end the following:
‘‘(iv) SPECIAL RULE FOR BATTERED
SPOUSES
AND
CHILDREN.—There is no
time limit on the filing of a motion to re-
open, and the deadline specified in sub-
section (b)(5)(C) for filing such a motion
does not apply—
‘‘(I) if the basis for the motion is
to apply for relief under clause (iii),
(iv), 
(v), 
or 
(vi) 
of 
section
204(a)(1)(A), clause (ii), (iii), or (iv)
of section 204(a)(1)(B), or section
240A(b)(2); and
‘‘(II) if the motion is accom-
panied by a cancellation of removal
application to be filed with the Attor-
ney General or by a copy of the self-
petition that has been or will be filed
with the Immigration and Naturaliza-
tion Service upon the granting of the
motion to reopen.’’.
(2) DEPORTATION PROCEEDINGS.—
(A) IN
GENERAL.—Notwithstanding any
limitation imposed by law on motions to reopen
or rescind deportation proceedings under the
Immigration and Nationality Act (as in effect
before the title III–A effective date in section
309 of the Illegal Immigration Reform and Im-
migrant Responsibility Act of 1996 (8 U.S.C.
1101 note)), there is no time limit on the filing
of a motion to reopen such proceedings, and the
deadline specified in section 242B(c)(3) of the
Immigration and Nationality Act (as so in ef-
fect) (8 U.S.C. 1252b(c)(3)) does not apply—
(i) if the basis of the motion is to
apply for relief under clause (iii), (iv), (v),
or (vi) of section 204(a)(1)(A) of the Im-
migration and Nationality Act (8 U.S.C.
1154(a)(1)(A)), clause (ii), (iii), or (iv) of
section 204(a)(1)(B) of such Act (8 U.S.C.
1154(a)(1)(B)), or section 244(a)(3) of
such Act (as so in effect) (8 U.S.C.
1254(a)(3)); and
(ii) if the motion is accompanied by a
suspension of deportation application to be
filed with the Attorney General or by a
copy of the self-petition that will be filed
with the Immigration and Naturalization
Service upon the granting of the motion to
reopen.
(B) APPLICABILITY.—Subparagraph (A)
shall apply to motions filed by aliens who—
(i) are, or were, in deportation pro-
ceedings under the Immigration and Na-
tionality Act (as in effect before the title
III–A effective date in section 309 of the
Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1101
note)); and
(ii) have become eligible to apply for
relief under clause (iii), (iv), (v), or (vi) of
section 204(a)(1)(A) of the Immigration
and 
Nationality 
Act 
(8 
U.S.C.
1154(a)(1)(A)), clause (ii), (iii), or (iv) of
section 204(a)(1)(B) of such Act (8 U.S.C.
1154(a)(1)(B)), or section 244(a)(3) of
such Act (as in effect before the title III–
A effective date in section 309 of the Ille-
gal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1101
note)) as a result of the amendments made
by—
(I) subtitle G of title IV of the
Violent Crime Control and Law En-
forcement Act of 1994 (Public Law
103–322; 108 Stat. 1953 et seq.); or
(II) this title.
SEC. 603. REMEDYING PROBLEMS WITH IMPLEMENTATION
OF THE IMMIGRATION PROVISIONS OF VAWA.
(a) EFFECT OF CHANGES IN ABUSERS’ CITIZENSHIP
STATUS ON SELF-PETITION.—
(1) RECLASSIFICATION.—Section 204(a)(1)(A)
(8 U.S.C. 1154(a)(1)(A)), as amended by para-
graphs (4), (5), and (6) of section 606(c), is amend-
ed by adding after clause (vii) the following new
clause:
‘‘(viii) For the purposes of any petition filed under
clause (iii), (iv), (v), or (vi), denaturalization, loss or re-
nunciation of citizenship, death of the abuser, or changes
to the abuser’s citizenship status after filing of the petition
shall not adversely affect the approval of the petition and,
for approved petitions, shall not preclude the classification
of the eligible self-petitioning spouse, child, or son or
daughter as an immediate relative or affect the alien’s
ability to adjust status under subsections (a) and (c) of
section 245 or obtain status as a lawful permanent resi-
dent based on the approved self-petition under such
clauses.’’.
(2) LOSS OF STATUS.—Section 204(a)(1)(B) (8
U.S.C. 1154(a)(1)(B)), as amended by paragraphs
(4) and (5) of section 606(d), is amended by adding
after clause (v) the following new clause:
‘‘(vi)(I) For the purposes of petitions filed or ap-
proved under clause (ii), (iii), or (iv), loss of lawful perma-
nent resident status by a spouse or parent or death of
a spouse or parent who was a lawful permanent resident
after the filing of a petition under that clause shall not
adversely affect approval of the petition, and, for an ap-
proved petition, shall not affect the alien’s ability to adjust
status under sections 245(a) and 245(c) or obtain status
as a lawful permanent resident based on the approved self-
petition under such clause (ii), (iii), or (iv).
‘‘(II) Upon the lawful permanent resident spouse or
parent becoming a United States citizen through natu-
ralization, acquisition of citizenship, or other means, any
petition filed with the Immigration and Naturalization
Service and pending or approved under clause (ii), (iii),
or (iv) on behalf of an alien who has been battered or sub-
jected to extreme cruelty shall be deemed reclassified as
a petition filed under subparagraph (A) even if the acqui-
sition of citizenship occurs after divorce or termination of
parental rights.’’.
(3) DEFINITION
OF
IMMEDIATE
RELATIVE.—
Section 201(b)(2)(A)(i) (8 U.S.C. 1154(b)(2)(A)(i))
is amended by adding at the end the following new
sentence: ‘‘For purposes of this clause, an alien who
has filed a petition under clause (iii), (iv), (v), or
(vi) of section 204(a)(1)(A) remains an immediate
relative in the event that the United States citizen
spouse, parent, son, or daughter loses United States
citizenship or dies after the filing of the petition.’’.
(b) EXEMPTION FOR BATTERED IMMIGRANT WOMEN
WHO ENTERED THE UNITED STATES ON FIANCE´ VISAS
FROM
CONDITIONAL
RESIDENCY
STATUS
REQUIRE-
MENT.—Section 245(d) (8 U.S.C. 1255(d)) is amended by
adding at the end the following: ‘‘This subsection shall not
apply to aliens who seek adjustment of status on the basis
of an approved self-petition for classification under clause
(iii), (iv), (v), or (vi) of section 204(a)(1)(A) or classifica-
tion under clause (ii), (iii), or (iv) of section
204(a)(1)(B).’’.
(c) REDUCING AN ABUSER’S CONTROL OVER A BAT-
TERED IMMIGRANT’S IMMIGRATION CASE.—Section 205
(8 U.S.C. 1155) is amended by adding at the end the fol-
lowing: ‘‘Whenever a beneficiary of a petition filed under
section 204 provides the Attorney General with credible
evidence of battery or extreme cruelty as described in sec-
tion 216(c)(4)(C), 204(a)(1)(A), or 204(a)(1)(B), the At-
torney General shall adjudicate the petition filed under
section 204 notwithstanding—
‘‘(1) the withdrawal by the petitioner of the pe-
tition;
‘‘(2) the failure of the petitioner to appear at
the interview;
‘‘(3) the failure of the petitioner to file an affi-
davit of support; or
‘‘(4) a prior revocation or denial based on with-
drawal of, or failure to prosecute, the petition or any
other determination based on the petitioner’s actions
that could result or have resulted in the denial or
revocation of the petition (but for this section).’’.
(d) REQUIRING PROSECUTOR COOPERATION WITH
BATTERED
IMMIGRANT
VAWA APPLICANTS.—Section
2101(c) of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3796hh(c)) is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(4);
(2) by striking the period at the end of para-
graph (4) and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(5) certify that their laws, policies, and prac-
tices do not discourage or prohibit prosecutors and
law enforcement officers from granting access to in-
formation about the citizenship or lawful permanent
residency status of a domestic violence perpetrator
to the victim, the child, son, or daughter or their ad-
vocate so long as release of the information does not
jeopardize ongoing prosecution of the abuser.’’.
(e) ALLOWING REMARRIAGE OF BATTERED IMMI-
GRANTS.—Section 204(h) (8 U.S.C. 1154(h)) is amended
by adding at the end the following new sentence: ‘‘Remar-
riage of an alien whose petition was approved under sub-
section (a)(1)(B)(ii) or (a)(1)(A)(iii) or marriage of an
alien described in subsection (a)(1)(A)(iv), (a)(1)(A)(vi),
(a)(1)(B)(iii), or (a)(1)(B)(iv) shall not be the basis for
revocation under section 205.’’.
SEC. 604. WAIVERS AND EXCEPTIONS TO INADMISSIBILITY
FOR OTHERWISE QUALIFIED BATTERED IM-
MIGRANTS.
(a) DISCRETIONARY WAIVERS FOR CERTAIN INAD-
MISSIBILITY AND REMOVAL GROUNDS.—
(1) INADMISSIBILITY
GROUNDS.—Section 212
(8 U.S.C. 1182) is amended by adding at the end
the following:
‘‘(r) DISCRETIONARY WAIVER AUTHORITY.—The At-
torney General, in the Attorney General’s discretion, may
waive any provision of this section (other than paragraphs
(3), (10)(A), (10)(D), and (10)(E) of subsection (a)) for
humanitarian purposes, to assure family unity, or when
it is otherwise in the public interest if the alien dem-
onstrates a connection between the crime or disqualifying
act and battery or extreme cruelty for any alien who quali-
fies for—
‘‘(1) classification under clause (iii), (iv), (v), or
(vi) of section 204(a)(1)(A) or classification under
clause (ii), (iii), or (iv) of section 204(a)(1)(B); or
‘‘(2) relief under section 240A(b)(2) or under
section 244(a)(3) (as in effect before the enactment
of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996).’’.
(2) REMOVAL
GROUNDS.—Section 237 (8
U.S.C. 1227) is amended by adding at the end the
following:
‘‘(d) DISCRETIONARY WAIVER AUTHORITY.—The At-
torney General, in the discretion of the Attorney General,
may waive any provision of this section (other than sub-
sections (a)(2)(D)(i), (a)(4), or (a)(5)) for humanitarian
purposes, to assure family unity, or when it is otherwise
in the public interest in the case of an alien who dem-
onstrates a connection between the crime or disqualifying
act and battery or extreme cruelty for any alien who quali-
fies for—
‘‘(1) classification under clause (iii), (iv), (v), or
(vi) of section 204(a)(1)(A) or classification under
clause (ii), (iii), or (iv) of section 204(a)(1)(B); or
‘‘(2) relief under section 240A(b)(2) or under
section 244(a)(3) (as in effect before the enactment
of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996).’’.
(b) OFFERING EQUAL ACCESS TO VAWA IMMIGRA-
TION PROTECTIONS FOR ALL QUALIFIED BATTERED IM-
MIGRANT SELF-PETITIONERS.—
(1) ELIMINATING CONNECTION BETWEEN BAT-
TERY
AND
UNLAWFUL
ENTRY.—Section
212(a)(6)(A)(ii) (8 U.S.C. 1182) is amended—
(A) by amending subclause (I) to read as
follows:
‘‘(I) the alien qualifies for classi-
fication under subparagraph (A)(iii),
(A)(iv), 
(A)(v), 
(A)(vi), 
(B)(ii),
(B)(iii), 
or 
(B)(iv) 
of 
section
204(a)(1), and’’;
(B) by striking ‘‘, and’’ in subclause (II)
and inserting a period; and
(C) by striking subclause (III).
(2) BATTERED IMMIGRANT EXCEPTION.—Sec-
tion 212(a)(9)(A)(iii) (8 U.S.C. 1182(a)(9)(A)(iii))
is amended by adding at the end the following:
‘‘Clauses (i) and (ii) also shall not apply to aliens to
whom the Attorney General has granted classifica-
tion under clause (iii), (iv), (v), or (vi) of section
204(a)(1)(A) or classification under clause (ii), (iii),
or (iv) of section 204(a)(1)(B).’’.
(3) ELIMINATING CONNECTION BETWEEN BAT-
TERY AND VIOLATION OF THE TERMS OF AN IMMI-
GRANT
VISA.—Section 
212(a)(9)(B)(iii)(IV) 
(8
U.S.C. 1182(a)(9)(B)(iii)(IV)) is amended by strik-
ing 
‘‘who 
would 
be 
described 
in 
paragraph
(6)(A)(ii)’’ and all that follows and inserting ‘‘who
is described in paragraph (6)(A)(ii).’’.
(4) BATTERED IMMIGRANT EXCEPTION.—Sec-
tion 212(a)(9)(C)(ii) (8 U.S.C. 1182(a)(9)(C)(ii)) is
amended by adding at the end the following: ‘‘Clause
(i) shall also not apply to aliens to whom the Attor-
ney General has granted classification under clause
(iii), (iv), (v), or (vi) of section 204(a)(1)(A) or clas-
sification under clause (ii), (iii), or (iv) of section
204(a)(1)(B).’’.
(5) WAIVER OF CERTAIN REMOVAL GROUNDS.—
Section 237 (8 U.S.C. 1227), as amended by sub-
section (a)(2), is further amended by adding at the
end the following:
‘‘(e) WAIVER
FOR VICTIMS
OF DOMESTIC VIO-
LENCE.—The Attorney General is not limited by the
criminal court record and may waive the application of
subsections (a)(2)(E)(i), (a)(2)(E)(ii), (a)(2)(A)(i), and
(a)(2)(A)(iii) in the case of an alien who has been battered
or subjected to extreme cruelty and who is not and was
not 
the 
primary 
perpetrator 
of 
violence 
in 
the
relationship—
‘‘(1) upon determination that—
‘‘(A) the alien was acting in self-defense;
‘‘(B) the alien was found to have violated
a protection order intended to protect the alien;
or
‘‘(C) the alien committed, was arrested for,
was convicted of, or pled guilty to committing
a crime where there was a connection between
the crime and having been battered or subjected
to extreme cruelty; or
‘‘(2) for humanitarian purposes, to assure fam-
ily unity, or when it is otherwise in the public inter-
est.’’.
(6) MISREPRESENTATION
WAIVERS
FOR
BAT-
TERED SPOUSES OF UNITED STATES CITIZENS AND
LAWFUL PERMANENT RESIDENTS.—
(A) WAIVER
OF
INADMISSIBILITY.—Sec-
tion 212(i)(1) (8 U.S.C. 1182(i)(1)) is amended
by inserting before the period at the end the
following: ‘‘or, in the case of an alien granted
classification under clause (iii), (iv), (v), or (vi)
of section 204(a)(1)(A) or clause (ii), (iii), or
(iv) of section 204(a)(1)(B), or who qualifies
for relief under section 240A(b)(2) or under
section 244(a)(3) (as in effect before the date
of enactment of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996), the
100
alien demonstrates extreme hardship to the
alien or the alien’s United States citizen, lawful
permanent resident or qualified alien parent,
child, son, or daughter’’.
(B) WAIVER OF DEPORTABILITY.—Section
237(a)(1)(H) (8 U.S.C. 1227(a)(1)(H)) is
amended—
(i) in clause (i), by inserting ‘‘(I)’’
after ‘‘(i)’’;
(ii) by redesignating clause (ii) as
subclause (II); and
(iii) by inserting after clause (i) the
following new clause:
‘‘(ii) is an alien who qualifies for clas-
sification under clause (iii), (iv), (v), or (vi)
of section 204(a)(1)(A) or clause (ii), (iii),
or (iv) of section 204(a)(1)(B), or who
qualifies 
for 
relief 
under 
section
240A(b)(2) or under section 244(a)(3) (as
in effect before the date of enactment of
the Illegal Immigration Reform and Immi-
grant Responsibility Act of 1996).’’.
101
SEC. 605. CALCULATION OF PHYSICAL PRESENCE IN VAWA
CANCELLATION OF REMOVAL AND SUSPEN-
SION OF DEPORTATION.
(a) CANCELLATION OF REMOVAL PROCEEDINGS.—
Section 240A(d)(1) (8 U.S.C. 1229b(d)(1)), as amended
by section 205, is further amended by adding at the end
the following: ‘‘In the case of an alien applying for can-
cellation of removal under subsection (b)(2), the Attorney
General may waive the provisions of this subsection for
humanitarian purposes, to assure family unity, or when
it is otherwise in the public interest, if the alien dem-
onstrates that the absences were connected to the battery
or extreme cruelty forming the basis of the application for
cancellation of removal under such subsection.’’.
(b) SUSPENSION OF DEPORTATION PROCEEDINGS.—
With respect to applications filed under section 244(a)(3)
of the Immigration and Nationality Act (as in effect before
the title III-A effective date, as defined in section 309(a)
of the Illegal Immigration Reform and Immigrant Respon-
sibility Act of 1996 (division C of Public Law 104–208;
110 Stat. 3009–625)) (8 U.S.C. 1254(a)(3)), the Attorney
General may waive the physical presence requirement for
humanitarian purposes, to assure family unity, or when
it is otherwise in the public interest if the alien dem-
onstrates that the absences were connected to the battery
102
or extreme cruelty forming the basis of the application for
suspension of deportation.
SEC. 606. IMPROVED ACCESS TO VAWA IMMIGRATION PRO-
TECTIONS 
FOR 
BATTERED 
IMMIGRANT
WOMEN.
(a) INTENDED SPOUSE DEFINED.—Section 101(a)
(8 U.S.C. 1101(a)) is amended by adding at the end the
following new paragraph:
‘‘(50) The term ‘intended spouse’ means any alien
who meets the criteria set forth in section 204(j)(1)(B)
or 204(k)(1)(B).’’.
(b) ENSURING PROTECTION FOR ABUSED CHILDREN
AND CHILDREN
OF BATTERED IMMIGRANTS.—Section
101(b) (8 U.S.C. 1101(b)) is amended—
(1) in paragraph (1), by striking ‘‘The term’’
and inserting ‘‘Subject to paragraph (6), the term’’,
and
(2) by adding at the end the following new
paragraph:
‘‘(6) For the purposes of clauses (iii) and (iv) of sec-
tion 204(a)(1)(A), clauses (ii) and (iii) of section
204(a)(1)(B), section 240A(b)(2), and section 244(a)(3)
(as in effect before the date of the enactment of the Illegal
Immigration Reform and Immigrant Responsibility Act of
1996) and for the purposes of attaining lawful permanent
103
residency under those sections either under section 245
or by obtaining an immigrant visa under section 203, an
individual who turns 21 years old remains a child under
paragraph (1) if, on the date a petition or application was
filed by the individual or their parent under any of these
sections the individual—
‘‘(A) met the definition of child in one of sub-
paragraphs (A) through (F) of paragraph (1); and
‘‘(B) was under the age of 21 on the date the
application or petition was filed.’’.
(c) IMMEDIATE RELATIVE STATUS FOR SELF-PETI-
TIONERS MARRIED TO U.S. CITIZENS.—
(1) SELF-PETITIONING SPOUSES.—
(A) BATTERY OR CRUELTY TO ALIEN OR
ALIEN’S
CHILD.—Section 204(a)(1)(A)(iii) (8
U.S.C. 1154(a)(1)(A)(iii)) is amended to read
as follows:
‘‘(iii) An alien who is described in subsection (j) may
file a petition with the Attorney General under this clause
for classification of the alien (and any child of the alien
as defined in paragraph (1) or (6) of section 101(b) if
the alien demonstrates to the Attorney General that—
‘‘(I) the marriage or the intent to marry the
United States citizen was entered into in good faith
by the alien; and
104
‘‘(II) during the marriage or relationship in-
tended by the alien to be legally a marriage, the
alien or a child of the alien has been battered or has
been the subject of extreme cruelty perpetrated by
the alien’s spouse or intended spouse.’’.
(B) DESCRIPTION OF PROTECTED SPOUSE
OR INTENDED SPOUSE.—Section 204 (8 U.S.C.
1154) is amended by adding at the end the fol-
lowing:
‘‘(j) DESCRIPTION OF PROTECTED SPOUSE OR IN-
TENDED
SPOUSE.—For 
purposes 
of 
subsection
(a)(1)(A)(iii), an alien described in this subsection is an
alien—
‘‘(1)(A) who is the spouse of a citizen of the
United States; or
‘‘(B)(i) who believed that he or she had married
a citizen of the United States and with whom a mar-
riage ceremony was actually performed; and
‘‘(ii) who otherwise meets any applicable re-
quirements under this Act to establish the existence
of and bona fides of a marriage, but whose marriage
is not legitimate solely because of the bigamy of
such citizen of the United States; or
‘‘(C) who was a bona fide spouse of a United
States citizen within the past two years and whose
105
spouse died within the past two years, or whose
spouse lost immigration status within the past two
years due to an incident of domestic violence, or who
demonstrates a connection between the legal termi-
nation of the marriage within the past two years and
battering or extreme cruelty by the United States
citizen spouse;
‘‘(2) who is a person of good moral character;
‘‘(3) who is eligible to be classified as an imme-
diate relative under section 201(b)(2)(A)(i) or who
would have been so classified but for the bigamy of
the citizen of the United States that the alien in-
tended to marry; and
‘‘(4) who has resided with the alien’s spouse or
intended spouse.’’.
(2) GUARANTEEING ACCESS TO VAWA RELIEF
FOR BATTERED IMMIGRANTS BROUGHT INTO THE
UNITED
STATES
ON
FIANCE´
VISAS.—Section
204(a)(1)(C), as inserted by subsection (d)(6), is
amended by adding at the end the following new
clause:
‘‘(iii) For aliens who entered the country on fiance´
visas, failure to marry the sponsor or failure to marry the
sponsor within 90 days as required under section
101(a)(15)(K) shall not bar access to relief under clause
106
(iii), (iv), (v), or (vi) of subsection (a)(1)(A), under clause
(ii), (iii), or (iv) of subsection (a)(1)(B), under section
240A(b)(2), or under section 244(a)(3) (as in effect before
the enactment of the Illegal Immigration Reform and Im-
migrant Responsibility Act of 1996) to aliens who other-
wise qualify.’’.
(3) 
SELF-PETITIONING
CHILDREN.—Section
204(a)(1)(A)(iv) (8 U.S.C. 1154(a)(1)(A)(iv)) is
amended to read as follows:
‘‘(iv) An alien who is the child of a citizen of the
United States (as defined in paragraph (1) or (6) of sec-
tion 101(b)) or who was a child of United States citizen
parent who died within the past two years or lost immigra-
tion status due to an incident of domestic violence within
the past two years, and who is a person of good moral
character, who is eligible to be classified as an immediate
relative under section 201(b)(2)(A)(i), and who resides or
has resided in the past with the citizen parent may file
a petition with the Attorney General under this subpara-
graph for classification of the alien (and any child of the
alien) under such section if the alien demonstrates to the
Attorney General that the alien has been battered by or
has been the subject of extreme cruelty perpetrated by the
alien’s citizen parent. For purposes of this clause, resi-
dence includes any period of visitation.’’.
107
(4) 
SELF-PETITIONING
PARENTS.—Section
204(a)(1)(A) (8 U.S.C. 1154(a)(1)(A)) is amended
by adding after clause (iv) the following new clause:
‘‘(v) An alien who is the parent of a citizen of the
United States or who was a parent of United States cit-
izen who died within the past two years or lost immigra-
tion status due to an incident of domestic violence within
the past two years, and who is a person of good moral
character, who is eligible to be classified as an immediate
relative under section 201(b)(2)(A)(i), and who has re-
sided with the citizen daughter or son may file a petition
with the Attorney General under this subparagraph for
classification of the alien under such section if the alien
demonstrates to the Attorney General that the alien has
been battered by or has been the subject of extreme cru-
elty perpetrated by the alien’s citizen son or daughter.’’.
(5) SELF-PETITIONING SON OR DAUGHTER.—
Section 204(a)(1)(A) (8 U.S.C. 1154(a)(1)(A)), as
amended by paragraph (4), is amended by adding
after clause (v) the following new clause:
‘‘(vi) An alien who is the son or daughter of a citizen
of the United States or who was the son or daughter of
United States citizen parent who died within the past two
years or lost immigration status due to an incident of do-
mestic violence within the past two years, and who is a
108
person of good moral character, who is eligible for classi-
fication by reason of a relationship described in paragraph
(1) of section 203(a), and who resides or has resided in
the past with the citizen parent may file a petition with
the Attorney General under this clause for classification
of the alien (and any child of the alien) under such section
if the alien demonstrates to the Attorney General that the
alien has been battered by, or has been the subject of ex-
treme cruelty perpetrated by, the alien’s citizen parent and
1 or more incidents of battery or extreme cruelty occurred
before the son or daughter reached the age of 21. For
purposes of this clause, residence includes any period of
visitation.’’.
(6) 
FILING
OF
PETITIONS.—Section
204(a)(1)(A) (8 U.S.C. 1154 (a)(1)(A)(iv)), as
amended by paragraphs (4) and (5), is amended by
adding after clause (vi) the following new clause:
‘‘(vii) An alien who is the spouse, intended spouse,
child, parent, son, or daughter of a United States citizen
living abroad and who is eligible to file a petition under
clause (iii), (iv), (v), or (vi) shall file such petition with
the Attorney General under the procedures that apply to
self-petitioners under such clauses.’’.
109
(d) SECOND PREFERENCE IMMIGRATION STATUS
FOR SELF-PETITIONERS MARRIED TO LAWFUL PERMA-
NENT RESIDENTS.—
(1) 
SELF-PETITIONING
SPOUSES.—Section
204(a)(1)(B)(ii) (8 U.S.C. 1154(a)(1)(B)(ii)) is
amended to read as follows:
‘‘(ii) An alien who is described in subsection (k) may
file a petition with the Attorney General under this clause
for classification of the alien (and any child of the alien
as defined in paragraph (1) or (6) of section 101(b)) if
such a child has not been classified under clause (iii) of
section 203(a)(2)(A) and if the alien demonstrates to the
Attorney General that—
‘‘(I) the marriage or the intent to marry the
lawful permanent resident was entered into in good
faith by the alien; and
‘‘(II) during the marriage or relationship in-
tended by the alien to be legally a marriage, the
alien or a child of the alien has been battered or has
been the subject of extreme cruelty perpetrated by
the alien’s spouse or intended spouse.’’.
(2) DESCRIPTION OF PROTECTED SPOUSE OR
INTENDED SPOUSE.—Section 204 (8 U.S.C. 1154),
as amended by subsection (c)(1)(B), is further
amended by adding at the end the following:
110
‘‘(k) DESCRIPTION OF PROTECTED SPOUSE OR IN-
TENDED
SPOUSE.—For 
purposes 
of 
subsection
(a)(1)(B)(ii), an alien described in this subsection is an
alien—
‘‘(1)(A) who is the spouse of a lawful perma-
nent resident of the United States; or
‘‘(B)(i) who believed that he or she had married
a lawful permanent resident of the United States
and with whom a marriage ceremony was actually
performed; and
‘‘(ii) who otherwise meets any applicable re-
quirements under this Act to establish the existence
of and bona fides of a marriage, but whose marriage
is not legitimate solely because of the bigamy of
such lawful permanent resident of the United States;
or
‘‘(iii) who was a bona fide spouse of a lawful
permanent resident within the past two years and
whose spouse died within the past two years, or
whose spouse lost status within the past two years
due to an incident of domestic violence, or who dem-
onstrates a connection between the legal termination
of the marriage within the past two years and bat-
tering or extreme cruelty by the United States cit-
izen spouse;
111
‘‘(2) who is a person of good moral character;
‘‘(3) who is eligible to be classified as a spouse
of an alien lawfully admitted for permanent resi-
dence under section 203(a)(2)(A) or who would have
been so classified but for the bigamy of the lawful
permanent resident of the United States that the
alien intended to marry; and
‘‘(4) who has resided in the United States with
the alien’s spouse or intended spouse.’’.
(3) 
SELF-PETITIONING
CHILDREN.—Section
204(a)(1)(B)(iii) (8 U.S.C. 1154(a)(1)(B)(iii)) is
amended to read as follows:
‘‘(iii) An alien who is the child of an alien lawfully
admitted for permanent residence as defined in paragraph
(1) or (6) of section 101(b) or who was a child of a lawful
permanent resident parent who died within the past two
years or lost immigration status due to an incident of do-
mestic violence within the past two years, and who is a
person of good moral character, who is eligible for classi-
fication under section 203(a)(2)(A), and who resides or
has resided in the past with the alien’s permanent resident
alien parent may file a petition with the Attorney General
under this subparagraph for classification of the alien
(and any child of the alien) under such section if the alien
demonstrates to the Attorney General that the alien has
112
been battered by or has been the subject of extreme cru-
elty perpetrated by the alien’s permanent resident parent.
For purposes of this clause, residence includes any period
of visitation.’’.
(4) SELF-PETITIONING SON OR DAUGHTER.—
Section 204(a)(1)(B) (8 U.S.C. 1154(a)(1)(B)) is
amended by inserting after clause (iii) the following:
‘‘(iv) An alien who is the son or daughter of an alien
lawfully admitted for permanent residence or who was a
son or daughter of a lawful permanent resident parent
who died within the past two years or lost immigration
status due to an incident of domestic violence within the
past two years and who is a person of good moral char-
acter, who is eligible for classification by reason of a rela-
tionship described in paragraph (2) of section 203(a), and
who resides or has resided in the past with the alien’s legal
permanent resident parent may file a petition with the At-
torney General under this clause for classification of the
alien (and any child of the alien) under such section if
the alien demonstrates to the Attorney General that the
alien has been battered by, or has been the subject of ex-
treme cruelty perpetrated by, the alien’s legal permanent
resident parent and 1 or more incidents of battery or ex-
treme cruelty occurred before the son or daughter reached
113
the age of 21. For purposes of this clause, residence in-
cludes any period of visitation.’’.
(5) 
FILING
OF
PETITIONS.—Section
204(a)(1)(B) (8 U.S.C. 1154(a)(1)(B)), as amended
by paragraph (4), is further amended by adding
after clause (iv) the following new clause:
‘‘(v) An alien who is the spouse, intended spouse,
child, son, or daughter of a lawful permanent resident liv-
ing abroad is eligible to file a petition under clause (ii),
(iii), or (iv) shall file such petition with the Attorney Gen-
eral under the procedures that apply to self-petitioners
under such clauses.’’.
(6) TREATMENT OF PETITIONS INCLUDING DE-
RIVATIVE CHILDREN TURNING 21 YEARS OF AGE.—
Section 
204(a)(1) 
(8 
U.S.C. 
1154(a)(1)) 
is
amended—
(A) by redesignating subparagraphs (C)
through (H) as subparagraphs (D) through (I),
respectively; and
(B) by inserting after subparagraph (B)
the following:
‘‘(C)(i)(I) Any derivative child who attains 21 years
of age and who is included in a petition described in clause
(ii) that was filed or approved before the date on which
the child attained 21 years of age shall be considered (if
114
no visa has been issued to the child by such date) a peti-
tioner for preference status under paragraph (1), (2), or
(3) of section 203(a), whichever paragraph is applicable,
with the same priority date as that assigned to the petition
in any petition described in clause (ii).
‘‘(II) Any individual described in subclause (I) and
any derivative child of a petition described in clause (ii)
is eligible for deferred action and work authorization.
‘‘(ii) The petition referred to in clause (i) is a petition
filed by an alien under subparagraph (A)(iii), (A)(iv),
(A)(vi), (B)(ii), (B)(iii), or (B)(iv) in which the child is
included as a derivative.’’.
(e) ACCESS
TO NATURALIZATION
FOR DIVORCED
VICTIMS OF ABUSE.—Section 319(a) (8 U.S.C. 1430(a))
is amended—
(1) by inserting ‘‘, and any person who obtained
status as a lawful permanent resident by reason of
his or her status as a spouse or child of a United
States citizen who battered him or her or subjected
him or her to extreme cruelty,’’ after ‘‘United
States’’ the first place it appears; and
(2) by inserting ‘‘(except in the case of a person
who has been battered or subjected to extreme cru-
elty by a United States citizen spouse or parent)’’
115
after ‘‘has been living in marital union with the cit-
izen spouse’’.
SEC. 607. IMPROVED ACCESS TO VAWA CANCELLATION OF
REMOVAL.
(a) CANCELLATION OF REMOVAL AND ADJUSTMENT
OF
STATUS
FOR
CERTAIN
NONPERMANENT
RESI-
DENTS.—Section 240A(b)(2) (8 U.S.C. 1229b(b)(2)) is
amended to read as follows:
‘‘(2) SPECIAL RULE FOR BATTERED SPOUSE,
PARENT, CHILD, SON, OR DAUGHTER.—
‘‘(A) IN GENERAL.—The Attorney General
may cancel removal of, and adjust to the status
of an alien lawfully admitted for permanent res-
idence, an alien who is inadmissible or deport-
able from the United States if the alien dem-
onstrates that—
‘‘(i)(I) the alien has been battered or
subjected to extreme cruelty in the United
States by a spouse, parent, son, or daugh-
ter who is or was a United States citizen
(or is the parent of a child of a United
States citizen and the child has been bat-
tered or subjected to extreme cruelty in the
United States by such citizen parent);
116
‘‘(II) the alien has been battered or
subjected to extreme cruelty by a spouse or
parent who is or was a lawful permanent
resident (or is the parent of a child of an
alien who is or was a lawful permanent
resident and the child has been battered or
subjected to extreme cruelty in the United
States by such permanent resident parent),
or
‘‘(III) the alien has been battered or
subjected to extreme cruelty by a United
States citizen or lawful permanent resident
whom the alien intended to marry, but
whose marriage is not legitimate because
of that United States citizen’s or lawful
permanent resident’s bigamy;
‘‘(ii) the alien has been physically
present in the United States for a contin-
uous period of not less than 3 years imme-
diately preceding the date of such applica-
tion (and the issuance of a charging docu-
ment for removal proceedings shall not toll
the 3-year period of continuous physical
presence in the United States);
117
‘‘(iii) the alien has been a person of
good moral character during such period;
‘‘(iv) the alien is not inadmissible
under paragraph (2) or (3) of section
212(a), is not deportable under paragraphs
(1)(G) or (2) through (4) of section
237(a), and has not been convicted of an
aggravated felony, unless the Attorney
General waives application of this clause
pursuant to section 237(d) or for humani-
tarian purposes, to assure family unity, or
when it is otherwise in the public interest;
and
‘‘(v) the removal would result in ex-
treme hardship to the alien, the alien’s
child, or the alien’s parent.
In acting on applications under this paragraph,
the Attorney General shall consider any credible
evidence relevant to the application. The deter-
mination of what evidence is credible and the
weight to be given that evidence shall be within
the sole discretion of the Attorney General. For
aliens who entered the country on fiance´ visas,
failure to marry the sponsor, or failure to
marry the sponsor within 90 days as required
118
under section 101(a)(15)(K), shall not bar ac-
cess to relief under this paragraph to aliens
who otherwise qualify.
‘‘(B) INCLUSION
OF
OTHER
ALIENS
IN
CANCELLATION OF REMOVAL APPLICATIONS.—
An alien applying for relief under this para-
graph may include—
‘‘(i) the alien’s children, sons, or
daughters in the alien’s application and, if
the alien is found eligible for cancellation,
the Attorney General may adjust the sta-
tus of the alien’s children, sons, daughters;
or
‘‘(ii) the alien’s parent or child in the
alien child’s (as defined in paragraph (1)
or (6) of section 101(b)) application in the
case of an application filed by an alien who
was abused by a citizen or lawful perma-
nent resident parent and, if the alien child
is found eligible for cancellation, the Attor-
ney General may adjust the status of the
alien child applicant and the alien child’s
parent and child.
‘‘(C) INCLUSION
OF
OTHER
ALIENS
IN
SUSPENSION
OF
DEPORTATION
APPLICA-
119
TIONS.—An alien applying for relief under sec-
tion 244(a)(3) (as in effect before the date of
the enactment of Illegal Immigration Reform
and Immigrant Responsibility Act of 1996) may
include—
‘‘(i) the alien’s children, sons, or
daughters in the alien’s application and, if
the alien is found eligible for suspension,
the Attorney General may adjust the sta-
tus of the alien’s children, sons, or daugh-
ters; or
‘‘(ii) the alien’s parent or child in the
alien child’s (as defined in paragraph (1)
or (6) of section 101(b)) application in the
case of an application filed by an alien who
was abused by a citizen or lawful perma-
nent resident parent and, if the alien child
is found eligible for suspension, the Attor-
ney General may adjust the status of the
alien child applicant and the alien child’s
parent and child.’’.
(b) TREATMENT
OF FAMILY MEMBERS.—Section
203(d) (8 U.S.C. 1153(d)) is amended—
(A) by inserting ‘‘(1)’’ before ‘‘A spouse or
child’’; and
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(B) by adding at the end the following:
‘‘(2) A spouse, parent, or child as defined in para-
graph (1) or (6) of section 101(b) if not otherwise entitled
to an immigrant status and immediate issuance of a visa
shall be entitled to attain lawful permanent resident status
if their spouse, parent, or child was granted such status
pursuant to section 240A(b)(2) or section 244(a)(3) (as
in effect before the date of the enactment of Illegal Immi-
gration Reform and Immigrant Responsibility Act of
1996) by accompanying or following to join the spouse,
child, or parent.’’.
SEC. 608. GOOD MORAL CHARACTER DETERMINATIONS.
(a) DETERMINATIONS OF GOOD MORAL CHARACTER
FOR SELF-PETITIONING IMMEDIATE RELATIVES.—Sec-
tion 204(a)(1)(A) (8 U.S.C. 1154(a)(1)(A)), as amended
by sections 606(c) and 603(a)(1), is further amended by
adding after clause (viii) at the end the following new
clause:
‘‘(ix) For the purposes of making good moral char-
acter determinations under this subparagraph, the Attor-
ney General is not limited by the criminal court record
and may make a finding of good moral character notwith-
standing the existence of a disqualifying act or criminal
conviction in the case of an alien who otherwise qualifies
for relief under clause (iii), (iv), (v), or (vi), but who com-
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‘‘(g) The Secretary shall submit to Congress, not
later than 1 year after the date of the enactment of this
subsection, a report that contains the following informa-
tion:
‘‘(1) The quantity and percentage of funding
awarded to serve underserved populations by each
State under programs funded under this Act.
‘‘(2) The percentage of each underserved popu-
lation in the demographic make up of each State
compared to the amount of funding aimed at ad-
dressing the needs of that underserved population.
‘‘(3) The extent to which grants to provide
services to underserved populations are awarded to
programs with experience and history working with
underserved populations of battered women or sexual
assault victims, to programs that have bilingual or
bicultural staff, and to collaborations between do-
mestic violence or sexual assault programs and pro-
grams experienced in serving particular underserved
populations and to other grantees.
‘‘(4) The extent to which nonprofit, nongovern-
mental victim service organizations with experience
serving various underserved populations of battered
women and sexual assault or stalking victims were