lief or who has filed an application for relief 
under section 244(a)(3) (as in effect on March 
31, 1997) that sets forth a prima facie case for 
such relief— 
‘‘(i) the alien shall not be removed, 
detained, or deported unless the applica-
tion is denied and all opportunities for ap-
peal of the denial have been exhausted; 
and 
‘‘(ii) such an application shall be proc-
essed without regard to whether a pro-
ceeding to remove or deport such alien is 
brought or pending.’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall take effect on the date of the 
enactment of this Act and shall apply to applications 
filed before, on, or after such date. 
SEC. 1316. ACCESS TO VAWA PROTECTION REGARDLESS OF 
MANNER OF ENTRY. 
(a) FIANCEES.— 
(1) IN GENERAL.—Section 214(d) of the Immi-
gration and Nationality Act (8 U.S.C. 1184(d)) is 
amended by inserting before the period at the end 
the following: ‘‘, unless the alien is not eligible under 
section 204(c) to have a petition approved and is eli-
gible for status as a VAWA petitioner, for status as 
a nonimmigrant under subparagraph (T) or (U) of 
section 101(a)(15)(T), or for relief under section 
240A(b)(2) or under section 244(a)(3) (as in effect 
on March 31, 1997)’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall take effect on the date of the 
enactment of this Act and shall apply to aliens ad-
mitted before, on, or after such date. 
(b) SPOUSES WHO ARE CONDITIONAL PERMANENT 
RESIDENTS.— 
(1) IN GENERAL.—Section 245(d) of the Immi-
gration and Nationality Act (8 U.S.C. 1255(d)) is 
amended— 
(A) by inserting ‘‘(1)’’ after ‘‘(d)’’; and 
(B) by adding at the end the following new 
paragraph: 
‘‘(2) Paragraph (1) shall not apply to an alien who 
seeks adjustment of status on the basis of an approved 
petition for classification as a VAWA petitioner.’’. 
(2) CONFORMING CLARIFICATION IN CANCELLA-
TION OF REMOVAL.—Section 240A(b)(2)(A) of such 
Act (8 U.S.C. 1229b(b)(2)(A)) is amended, in the 
matter before clause (i), by inserting ‘‘, regardless of 
whether the alien has been admitted for permanent
residence on a conditional basis under section 216,’’ 
before ‘‘if the alien demonstrates’’. 
(3) SUSPENSION OF DEPORTATION.—An alien 
may qualify for relief under section 244(a)(3) of the 
Immigration and Nationality Act (as in effect on 
March 31, 1997), regardless of whether the alien 
has been admitted for permanent residence on a con-
ditional basis under section 216 of such Act. 
(4) EFFECTIVE DATE.—The amendments made 
by this subsection, and the provisions of paragraph 
(3), shall take effect on the date of the enactment 
of this Act and shall apply to applications for adjust-
ment of status, for cancellation of removal, or for 
suspension of deportation filed before, on, or after 
such date. 
(c) SPOUSES AND CHILDREN OF ASYLUM APPLI-
CANTS UNDER ADJUSTMENT PROVISIONS.— 
(1) IN GENERAL.—Section 209(b)(3) of the Im-
migration and Nationality Act (8 U.S.C. 1159(b)(3)) 
is amended— 
(A) by inserting ‘‘(A)’’ after ‘‘(3)’’; and 
(B) by adding at the end the following: 
‘‘(B) was the spouse of a refugee within the 
meaning of section 101(a)(42)(A) at the time the 
asylum application was granted and who was bat-
tered or was the subject of extreme cruelty per-
petrated by such refugee or whose child was battered 
or subjected to extreme cruelty by such refugee 
(without the active participation of such spouse in 
the battery or cruelty), or 
‘‘(C) was the child of a refugee within the 
meaning of section 101(a)(42)(A) at the time of the 
filing of the asylum application and who was bat-
tered or was the subject of extreme cruelty per-
petrated by such refugee,’’. 
(2) EFFECTIVE DATE.—The amendments made 
by paragraph (1) shall take effect on the date of the 
enactment of this Act and— 
(A) section 209(b)(3)(B) of the Immigra-
tion and Nationality Act, as added by para-
graph (1)(B), shall apply to asylum applications 
granted before, on, or after such date; and 
(B) section 209(b)(3)(C) of such Act, as so 
added, shall apply with respect to asylum appli-
cations filed before, on, or after such date. 
(d) VISA WAIVER ENTRANTS.— 
(1) IN GENERAL.—Section 217(b)(2) of such 
Act (8 U.S.C. 1187(b)(2)) is amended by inserting 
after ‘‘asylum,’’ the following: ‘‘as a VAWA peti-
tioner, or for relief under subparagraph (T) or (U)
of section 101(a)(15), under section 240A(b)(2), or 
under section 244(a)(3) (as in effect on March 31, 
1997),’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall take effect on the date of the 
enactment of this Act and shall apply to waivers 
provided under section 217(b)(2) of the Immigration 
and Nationality Act before, on, or after such date as 
if it had been included in such waivers. 
(e) EXCEPTION FROM FOREIGN RESIDENCE RE-
QUIREMENT FOR EDUCATIONAL VISITORS.— 
(1) IN GENERAL.—Section 212(e) of such Act 
(8 U.S.C. 1182(e)) is amended, in the matter before 
the first proviso, by inserting ‘‘unless the alien is a 
VAWA petitioner or a nonimmigrant under subpara-
graph (T) or (U) of section 101(a)(15)’’ after ‘‘fol-
lowing departure from the United States’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall take effect on the date of the 
enactment of this Act and shall apply to . 
SEC. 1317. ELIMINATING ABUSERS’ CONTROL OVER APPLI-
CATIONS FOR ADJUSTMENTS OF STATUS. 
(a) APPLICATION OF MOTIONS TO REOPEN FOR ALL 
VAWA PETITIONERS.—Section 240(c)(6)(C)(iv) of the
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1230(c)(6)(C)(iv)) is amended — 
(1) in subclause (I), by striking ‘‘under clause 
(iii) or (iv) of section 204(a)(1)(A), clause (ii) or 
(iii) of section 204(a)(1)(B)’’ and inserting ‘‘as a 
VAWA petitioner’’; and 
(2) in subclause (II), by inserting ‘‘or adjust-
ment of status’’ after ‘‘cancellation of removal’’. 
(b) APPLICATION OF VAWA DEPORTATION PROTEC-
TIONS FOR TRANSITIONAL RELIEF TO ALL VAWA PETI-
TIONERS.—Section 1506(c)(2) of the Violence Against 
Women Act of 2000 (8 U.S.C. 1229a note) is amended— 
(1) in subparagraph (A)— 
(A) by amending clause (i) to read as fol-
lows: 
‘‘(i) if the basis of the motion is to 
apply for relief as a VAWA petitioner (as 
defined in section 101(a)(51) of the Immi-
gration and Nationality Act (8 U.S.C. 
1101(a)(51)) or under section 244(a)(3) of 
such Act (8 U.S.C. 1254(a)(3)); and’’; and 
(B) in clause (ii), by inserting ‘‘or adjust-
ment of status’’ after ‘‘suspension of deporta-
tion’’; and
100 
(2) in subparagraph (B)(ii), by striking ‘‘for re-
lief’’ and all that follows through ‘‘1101 note))’’ and 
inserting ‘‘for relief described in subparagraph 
(A)(i)’’. 
(c) APPLICATION
OF
VAWA-RELATED
RELIEF 
UNDER SECTION 202 OF NACARA.— 
(1) IN
GENERAL.—Section 202(d)(1) of the 
Nicaraguan Adjustment and Central American Re-
lief Act (8 U.S.C. 1255 note; Public Law 105–100) 
is amended— 
(A) in subparagraph (B)(ii), by inserting 
‘‘, or was eligible for adjustment,’’ after ‘‘whose 
status is adjusted’’; and 
(B) in subparagraph (E), by inserting 
after ‘‘April 1, 2000’’ the following: ‘‘, or, in 
the case of an alien who qualifies under sub-
paragraph (B)(ii), applies for such adjustment 
during the 18-month period beginning on the 
date of enactment of the Violence Against 
Women Act of 2005’’ . 
(2) 
TECHNICAL
AMENDMENT.—Section 
202(d)(3) of such Act (8 U.S.C. 1255 note; Public 
Law 
105–100) 
is 
amended 
by 
striking 
‘‘204(a)(1)(H)’’ and inserting ‘‘204(a)(1)(J)’’.
101 
(3) EFFECTIVE DATE.—The amendment made 
by paragraph (2) shall take effect as if included in 
the enactment of VAWA–2000. 
(d) PETITIONING RIGHTS
OF CERTAIN FORMER 
SPOUSES UNDER CUBAN ADJUSTMENT.— 
(1) IN GENERAL.—The first section of Public 
Law 89–732 (8 U.S.C. 1255 note) is amended— 
(A) in the last sentence, by striking 
‘‘204(a)(1)(H)’’ and inserting ‘‘204(a)(1)(J)’’; 
and 
(B) by adding at the end the following: 
‘‘An alien who was the spouse of any Cuban 
alien described in this section and has resided 
with such spouse shall continue to be treated as 
such a spouse for 2 years after the date on 
which the Cuban alien dies (or, if later, 2 years 
after the date of enactment of Violence Against 
Women Act of 2005), or for 2 years after the 
date of termination of the marriage (or, if later, 
2 years after the date of enactment of Violence 
Against Women Act of 2005) if the alien dem-
onstrates a connection between the termination 
of the marriage and the battering or extreme 
cruelty by the Cuban alien.’’.
102 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1)(A) shall take effect as if included 
in the enactment of VAWA–2000. 
(e) SELF-PETITIONING RIGHTS OF HRIFA APPLI-
CANTS.— 
(1) IN GENERAL.—Section 902(d)(1)(B) of the 
Haitian Refugee Immigration Fairness Act of 1998 
(division A of section 101(h) of Public Law 105– 
277; 112 Stat. 2681–538; 8 U.S.C. 1255 note), as 
amended by section 1511(a) of VAWA–2000, is 
amended— 
(A) in clause (i), by striking ‘‘whose status 
is adjusted to that of an alien lawfully admitted 
for permanent residence’’ and inserting ‘‘who is 
or was eligible for classification’’; 
(B) in clause (ii), by striking ‘‘whose sta-
tus is adjusted to that of an alien lawfully ad-
mitted for permanent residence’’ and inserting 
‘‘who is or was eligible for classification’’; and 
(C) 
in 
clause 
(iii), 
by 
striking 
‘‘204(a)(1)(H)’’ and inserting ‘‘204(a)(1)(J)’’ . 
(2) EFFECTIVE DATE.—The amendments made 
by paragraph (1)(C) shall take effect as if included 
in the enactment of VAWA–2000.
103 
(f) SELF-PETITIONING RIGHTS UNDER SECTION 203 
OF NACARA.—Section 309 of the Illegal Immigration 
and Reform and Immigrant Responsibility Act of 1996 
(division C of Public Law 104–208; 8 U.S.C. 1101 note), 
as amended by section 203(a) of the Nicaraguan Adjust-
ment and Central American Relief Act (8 U.S.C. 1255 
note; Public Law 105–100), is amended— 
(1) in subsection (c)(5)(C)(i)(VII)(aa), as 
amended by section 1510(b) of VAWA–2000— 
(A) by striking ‘‘or’’ at the end of subitem 
(BB); 
(B) by striking ‘‘and’’ at the end of 
subitem (CC) and inserting ‘‘or’’; and 
(C) by adding at the end the following new 
subitem: 
‘‘(DD) at the time at which 
the spouse or child files an appli-
cation for suspension of deporta-
tion or cancellation of removal; 
and’’; and 
(2) in subsection (g)— 
(A) by inserting ‘‘(1)’’ before ‘‘Notwith-
standing’’;
104 
(B) by inserting ‘‘subject to paragraph 
(2),’’ after ‘‘section 101(a) of the Immigration 
and Nationality Act)),’’; and 
(C) by adding at the end the following new 
paragraph: 
‘‘(2) There shall be no limitation on a motion to re-
open removal or deportation proceedings in the case of an 
alien who is described in subclause (VI) or (VII) of sub-
section (c)(5)(C)(i). Motions to reopen removal or deporta-
tion proceedings in the case of such an alien shall be han-
dled under the procedures that apply to aliens seeking re-
lief under section 204(a)(1)(A)(iii) of the Immigration and 
Nationality Act.’’. 
(g) EFFECTIVE DATE.—Except as otherwise provided 
in this section, the amendments made by this section shall 
take effect on the date of the enactment of this Act. 
SEC. 1318. PAROLE FOR FAMILY MEMBERS OF VICTIMS OF 
VAWA PETITIONERS. 
(a) IN GENERAL.—Section 240A(b)(4) of the Immi-
gration and Nationality Act (8 U.S.C. 1229b(b)(4)) is 
amended— 
(1) in the heading, by inserting ‘‘BATTERED 
ALIENS
AND’’ before ‘‘CHILDREN
OF
BATTERED 
ALIENS’’; 
(2) in subparagraph (A)—
105 
(A) by striking ‘‘or’’ at the end of clause 
(i); 
(B) by striking the period at the end of 
clause (ii) and inserting ‘‘; or’’; and 
(C) by adding at the end the following new 
clause: 
‘‘(iii) a VAWA petitioner.’’; and 
(3) in subparagraph (B)— 
(A) in the first sentence, by inserting ‘‘on 
a year-by-year basis’’ after ‘‘shall extend’’; and 
(B) in the first sentence, by inserting ‘‘or, 
in the case of subparagraph (A)(iii), from the 
date of approval of the applicable petition’’ 
after ‘‘1996)’’. 
(b) CONFORMING AMENDMENT.—Section 212(d)(5) 
of such Act (8 U.S.C. 1182(d)(5)) is amended by adding 
at the end the following new subparagraph: 
‘‘(C) For provision providing for parole for certain 
battered aliens, children or battered aliens, and parents 
of battered alien children, see section 240A(b)(4).’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of the enactment 
of this Act.