I 
113TH CONGRESS 
1ST SESSION 
H. R. 629 
To provide protections against violence against immigrant women, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 13, 2013 
Ms. SCHAKOWSKY (for herself, Ms. CHU, Ms. CLARKE, Ms. ESHOO, Mr. GRI-
JALVA, Mr. GUTIERREZ, Ms. HAHN, Mr. HONDA, Ms. LEE of California, 
Mrs. CAROLYN B. MALONEY of New York, Ms. MOORE, Mrs. NAPOLI-
TANO, Mr. POLIS, Mr. RANGEL, Mr. VARGAS, and Ms. WATERS) intro-
duced the following bill; which was referred to the Committee on the Ju-
diciary, and in addition to the Committees on Financial Services and En-
ergy and Commerce, for a period to be subsequently determined by the 
Speaker, in each case for consideration of such provisions as fall within 
the jurisdiction of the committee concerned 
A BILL 
To provide protections against violence against immigrant 
women, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Violence Against Immi-
grant Women Act of 2013’’. 
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TITLE I—RULEMAKINGS 
SEC. 101. RULEMAKING AND FINDINGS WITH REGARD TO 
RULEMAKING. 
(a) RULEMAKING.—Not later than 180 days after the 
date of enactment of this Act, the Attorney General, the 
Secretary of Homeland Security, and the Secretary of 
State shall make rules to implement this Act and the 
amendments carried out by this Act. To the extent nec-
essary to ensure that such rules are made in a timely man-
ner, the rules shall take effect on an interim basis, at the 
same time that notice and opportunity for public comment 
are offered. Access to the relief provided by this Act and 
previous Acts listed in subsection (b) is in the public inter-
est, as necessary to protect health and safety and promul-
gation of regulations that take effect on an interim basis 
falls within the good cause exception in the Administrative 
Procedure Act. 
(b) FINDINGS.—Not later than 180 days after the 
date of enactment of this Act, the Attorney General, the 
Secretary of Homeland Security, and the Secretary of 
State shall promulgate interim regulations to implement 
the provisions not amended or repealed from the Victims 
of Trafficking and Violence Prevention Act of 2000 (Pub-
lic Law 106–386), the Violence Against Women Act and 
Department Justice Reauthorization Act of 2006 (Public 
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Law 109–162) and the William Wilberforce Trafficking 
Victims Protection Reauthorization Act of 2008 (Public 
Law 110–457). Insofar as required to carry out the pre-
vious sentence in a timely manner, such regulations shall 
be promulgated to take effect on an interim basis, at the 
same time that notice and opportunity for public comment 
are offered. 
TITLE II—PROTECTIONS FOR 
VICTIMS 
SEC. 201. EMPLOYMENT AUTHORIZATION FOR IMMIGRANT 
VICTIMS. 
(a) FINDINGS.—Congress finds as follows: 
(1) Congress created immigration protections 
for immigrant victims of domestic violence, sexual 
assault, stalking, dating violence, human trafficking, 
and other crime victims for two important pur-
poses—to facilitate prosecution of perpetrators and 
to enhance victim safety. 
(2) The safety of immigrant victims applying 
for protection under the Violence Against Women 
Act or the Trafficking Victims Protection Act is un-
dermined when government agencies delay in pro-
viding legal work authorization. Immigrant victims’ 
ability to seek help and to cooperate in the detection, 
investigation 
or 
prosecution 
crimes 
committed 
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against them is enhanced when victims can work 
lawfully and sever their economic dependence on the 
perpetrator. 
(3) When victims know that they will receive 
legal work authorization within 180 days of filing 
their for victim related immigration relief, victims 
and their advocates can develop safety plans that 
will focus on steps the victim can take to keep her-
self and her children safe during the work authoriza-
tion waiting period. This can include stays in an 
emergency shelter and transitional housing, obtain-
ing legal custody of her children and learning skills 
that will enhance her employability. 
(4) The economic stability that comes from the 
ability to work lawfully in the United States reduces 
victims’ vulnerability to abuse, exploitation and coer-
cion from crime perpetrators. 
(5) Congress in VAWA 2000 and VAWA 2005 
took steps to encourage DHS to grant immigrant 
crime victims swift access to legal work authoriza-
tion. However, as of 2011 73.9% of VAWA self-peti-
tioners and 93.9% of U-visa applicants endure 
delays of longer than 6 months before receiving legal 
work authorization. Of these many wait well over a 
year after filing before receiving work authoriza-
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(I)(aa) who within the past 2 years; or (II) 
who died when one child was under 18 
years of age and the child filed a petition 
under this subsection no later than 2 years 
after the child reached the age of 18’’ be-
fore ‘‘, and who is a person of good moral 
character,’’; and 
(iii) by striking ‘‘(and any child of the 
alien)’’ and inserting ‘‘(and any spouse or 
child of the alien)’’; and 
(B) in clause (ii)(II)(aa)(CC)— 
(i) in subsubitem (aaa), by striking 
‘‘or’’; 
(ii) in subsubitem (bbb), by striking 
the semicolon at the end and inserting ‘‘; 
or’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(ccc) 
whose 
spouse 
died within the past 2 
years.’’. 
(3) SELF
PETITIONING
BY
MINORS.—Section 
204(a)(1)(D)(v) of the Immigration and Nationality 
Act (8 U.S.C. 1154(a)(1)(D)(v)) is amended by in-
serting after ‘‘who is not less than 21 years of age,’’ 
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the following: ‘‘(and the individual’s spouse and chil-
dren)’’. 
(4) SURVIVING RELATIVES.—Section 204(l) of 
the Immigration and Nationality Act (8 U.S.C. 
1165(l)) is amended— 
(A) in paragraph (1), by striking ‘‘who re-
sided in the United States at the time of the 
death of the qualifying relative and who con-
tinues to reside in the United States’’; and 
(B) in paragraph (2)(E), to read as fol-
lows: 
‘‘(E)(i) an alien described in section 
101(a)(15)(T)(ii) whose qualifying relative has 
been admitted in nonimmigrant status de-
scribed in section 101(a)(15)(T)(i); 
‘‘(ii) 
an 
alien 
described 
in 
section 
101(a)(15)(U)(ii) whose qualifying relative has 
been admitted in nonimmigrant status de-
scribed in section 101(a)(15)(U)(i); or 
‘‘(iii) an alien who is a VAWA self-peti-
tioner.’’. 
(5) EFFECTIVE DATES.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), the amendments made by 
paragraphs (1) and (2) shall take effect on the 
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date of enactment of this Act and shall apply 
to petitions filed on or after that date. 
(B) TRANSITION IN CASE OF CITIZEN PAR-
ENTS WHO DIED BEFORE ENACTMENT.—In ap-
plying the amendments made by paragraphs (1) 
and (2)(A) in the case of an alien whose citizen 
or lawful permanent resident parent died dur-
ing the period beginning on the date that is 2 
years prior to the date of enactment of Violence 
Against Women Reauthorization Act of 2005, 
and ending on the date of enactment of this 
Act— 
(i) section 204(a)(1)(A)(iv) and sec-
tion 204(a)(1)(B)(iii) of the Immigration 
and Nationality Act shall each be applied 
as though the phrase ‘‘within the past two 
years’’ were ‘‘the period described in sec-
tion 202(d)(5)(B) of the Violence Against 
Immigrant Women Act of 2012’’; 
(ii) a petition under either such sec-
tion shall be filed not later than the later 
of— 
(I) 2 years after the date of en-
actment of this Act; or 
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(II) the 2 years after the date 
the alien attains 18 years of age; and 
(iii) the determination of eligibility of 
an alien child for benefits under either 
such section (including under section 
204(a)(1)(D) of such Act, by reason of a 
petition authorized under such section) 
shall be determined as of the date of the 
death of the citizen or lawful permanent 
resident parent. 
(b) UNACCOMPANIED ALIEN CHILD REDEFINED.— 
Section 462(g) of the Homeland Security Act of 2002 (6 
U.S.C. 279(g)) is amended— 
(1) in paragraph (2)(C)— 
(A) in clause (i), by striking ‘‘or’’ at the 
end; 
(B) in clause (ii), by striking the period at 
the end and inserting ‘‘; or’’; and 
(C) by adding at the end the following: 
‘‘(iii) was apprehended without a par-
ent or legal guardian and is not reunified 
with a parent or legal guardian within 72 
hours thereafter.’’; and 
(2) by adding at the end the following: 
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‘‘(h) Reunification with a parent or legal guardian or 
next friend does not affect the child’s unaccompanied sta-
tus for the duration of the child’s immigration pro-
ceedings.’’. 
(c) PROVIDING SAFE AND SECURE PLACEMENTS FOR 
CHILDREN.—Section 235(c)(2) of the Trafficking Victims 
Protection Reauthorization Act of 2008 is amended by 
adding at the end the following: ‘‘The Secretary of Home-
land Security shall permit the continuation of care plans 
developed by the Office of Refugee Resettlement’s division 
of Unaccompanied Children’s Services to ensure their con-
tinued protected status after they turn 18, in an arrange-
ment that is the least restrictive possible. The provisions 
of this paragraph apply to an unaccompanied alien child 
until such child attains 21 years of age, including those 
provisions providing for continued authorization of place-
ment of that child.’’. 
(d) PROVIDING SAFE
AND SECURE PLACEMENTS 
FOR CHILDREN.—Section 235(c)(1) of the Trafficking 
Victims Protection Reauthorization Act of 2008 is amend-
ed to read as follows: 
‘‘(1) POLICIES AND PROGRAMS.— 
‘‘(A) IN
GENERAL.—The Secretary of 
Health and Human Services, Secretary of 
Homeland Security, Attorney General, and Sec-
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retary of State shall establish policies and pro-
grams to ensure that unaccompanied alien chil-
dren in the United States are protected from 
traffickers and other persons seeking to vic-
timize or otherwise engage such children in 
criminal, harmful, or exploitative activity, in-
cluding policies and programs reflecting best 
practices in witness security programs. 
‘‘(B) 
CONFIDENTIALITY
OF
INFORMA-
TION.—In order to protect unaccompanied alien 
children in the United States, information ac-
quired by any person, including officers or em-
ployees of the Department of Health and 
Human Services, case managers, or others in 
connection with providing services or treatment 
to children in the custody of the Secretary of 
Health and Human Services, including any con-
tracted social service entity, shall have be af-
forded confidentiality protections under VAWA 
confidentiality (8 U.S.C. 1367) and the Health 
Insurance Portability and Accountability Act.’’. 
(e) ELIGIBILITY FOR SPECIAL IMMIGRANT JUVENILE 
STATUS.— 
(1) AGE
AND
COURT
JURISDICTION.—Section 
235(d)(6) of the Trafficking Victims Protection Re-
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authorization Act of 2008 is amended to read as fol-
lows: 
‘‘(6) TRANSITION RULE.—Notwithstanding any 
other provision of law, an alien described in section 
101(a)(27)(J) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)(27)(J)) may not be denied 
special immigrant status under such section or have 
such status revoked after the date of the enactment 
of this Act based on age or whether the alien con-
tinues to be under State or juvenile court jurisdic-
tion if the alien was a child and under State or juve-
nile court jurisdiction on the date on which the alien 
applied for such status.’’. 
(2) 
SINGLE
PARENTS.—Section 
101(a)(27)(J)(i) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)(27)(J)(i)) is amended— 
(A) by striking ‘‘1 or both’’ and inserting 
‘‘at least one’’; 
(B) by inserting after ‘‘State law’’ the fol-
lowing: ‘‘regardless of whether the immigrant 
lives with the non-offending parent;’’; and 
(C) by inserting after ‘‘custody of’’ the fol-
lowing: ‘‘a non-offending parent of the immi-
grant’’. 
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(f) COUNTING OF TRAFFICKING VICTIMS AND BENE-
FITS
FOR U-VISA HOLDERS
AND FAMILIES.—Section 
107(b)(1)(B) of the Trafficking Victims Protection Act of 
2000 (22 U.S.C. 7105(b)(1)) is amended by adding ‘‘and 
victims of human trafficking who qualify for other forms 
of immigration relief’’ after ‘‘101(a)(15)(T)(ii)’’. 
(g) PASSPORT RETENTION.—Section 1592 of title 
18, United States Code, is amended— 
(1) in subsection (a)(2) by deleting ‘‘or’’ at the 
end; 
(2) in subsection (a)(3) by adding ‘‘or’’ at the 
end; and 
(3) by inserting after paragraph (3) of sub-
section (a) the following: 
‘‘(4) for more than 32 hours shall be subject to 
a rebuttable presumption that they are withholding 
the passport of another person against that persons 
will in violation of this section, but it is not a viola-
tion of this section to obtain a person’s passport for 
up 32 hours for the purpose of complying with Fed-
eral or State government requirements;’’. 
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SEC. 203. PROTECTIONS FOR VICTIMS OF CRIMINAL ACTIV-
ITY. 
(a) IN GENERAL.—Section 101(a)(15)(U)(iii) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(a)(15)(U)(iii)) is amended— 
(1) by inserting ‘‘stalking; dating violence; 
abuse; endangerment; or exploitation of a person 
who is a child, elderly, or disabled;’’ after ‘‘perjury;’’; 
and 
(2) by adding at the end the following: 
‘‘(iv) the terms ‘domestic violence’, 
‘sexual assault’, ‘dating violence’, and 
‘stalking’ have the meaning given such 
terms in the Violence Against Women Act 
of 1994 (42 U.S.C. 13925(a));’’. 
(b) PROTECTION
FOR INCAPACITATED SONS
AND 
DAUGHTERS OF VICTIMS.—(1) Section 101(a)(15)(T)(ii) 
of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)(t)) is amended— 
(A) in subclause (I) by inserting ‘‘, incapaci-
tated siblings,’’ after ‘‘under such clause’’; and 
(B) in subclause (III) by inserting ‘‘, incapaci-
tated sibling,’’ after ‘‘parent’’. 
(2) Section 101(a)(15)(U)(ii) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(15)(U)(ii)) is amend-
ed— 
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(A) in subclause (I)— 
(i) by inserting ‘‘or incapacitated’’ after 
‘‘under 21 years of age’’; 
(ii) by inserting ‘‘son or daughter,’’ after 
‘‘children,’’; and 
(iii) by inserting ‘‘any children of the sib-
lings,’’ after ‘‘under such clause’’; and 
(B) in subclause (II)— 
(i) by inserting ‘‘under 21 years of age on 
the date on which such alien applied for status 
under such clause’’ after ‘‘children’’; and 
(ii) by inserting ‘‘, and any children of the 
children’’ after ‘‘such alien’’. 
(3) Section 204(a)(1) of the Immigration and Nation-
ality Act (8 U.S.C. 1154(a)(1)) is amended— 
(A) in subparagraph (A)(ii), by inserting ‘‘or 
incapacitated sons or daughters’’ after ‘‘alien’s chil-
dren’’; 
(B) in subparagraph (A)(iii), in the matter pre-
ceding item (aa), by inserting ‘‘or incapacitated son 
or daughter’’ after ‘‘child’’; 
(C) in subparagraph (A)(iii)(I)(bb), by striking 
‘‘or a child’’ inserting ‘‘, an incapacitated son or 
daughter of the alien, or a child’’; 
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(D) in subparagraph (A)(iv), by inserting ‘‘, or 
incapacitated son or daughter,’’ after ‘‘child’’ the 
first and second places it appears; 
(E) in subparagraph (A)(vi), by striking ‘‘or 
child’’ and inserting ‘‘, incapacitated son or daugh-
ter, or child’’; 
(F) in subparagraph (B)(ii)(I)(bb), by inserting 
‘‘, an incapacitated son or daughter of the alien, or’’ 
before ‘‘a child of the alien’’; and 
(G) in subparagraph (B)(iii), by inserting ‘‘in-
capacitated son or daughter’’ after ‘‘child’’ the first, 
second, and third places it appears. 
(c) PROTECTING PARENTS OF U.S. CITIZEN CHILD 
CRIME VICTIMS.—Section 101(a)(15)(U) of the Immigra-
tion and Nationality Act (8 U.S.C. 1101(a)(15)(U)) shall 
be amended— 
(1) in clause (i)— 
(A) in subclause (I), by inserting after 
‘‘the alien’’ the following: ‘‘or a child of the 
alien’’; 
(B) in subclause (II), by striking ‘‘an 
alien’’ before the word ‘‘child’’ and inserting 
‘‘a’’; and 
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(C) in subclause (III), by striking ‘‘an 
alien’’ before the word ‘‘child’’ and inserting 
‘‘a’’; and 
(2) in clause (ii), by inserting after subclause 
(II) the following: 
‘‘(III) in the case of an alien de-
scribed in clause (i) who is 21 years 
of age or older and incapacitated, the 
parents and siblings of such alien.’’. 
(d) REQUIREMENTS APPLICABLE TO U VISAS.— 
(1) RECAPTURE OF UNUSED U VISAS.—Section 
214(p)(2) of the Immigration and Nationality Act (8 
U.S.C. 1184(p)(2)) is amended— 
(A) in subparagraph (A), by striking ‘‘The 
number’’ and inserting ‘‘Except as provided in 
subparagraph (C), the number’’; and 
(B) by adding at the end the following: 
‘‘(C) Beginning in fiscal year 2012, if the 
numerical limitation set forth in subparagraph 
(A) is reached before the end of the fiscal year, 
up to 5,000 additional visas, of the aggregate 
number of visas that were available and not 
issued to nonimmigrants described in section 
101(a)(15)(U) in fiscal years 2006 through 
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2011, may be issued until the end of the fiscal 
year.’’. 
(2) SUNSET DATE.—The amendments made by 
paragraph (1) are repealed on the date on which the 
aggregate number of visas that were available and 
not issued in fiscal years 2006 through 2011 have 
been issued pursuant to section 214(p)(2)(C) of the 
Immigration and Nationality Act. 
(3) AGE DETERMINATIONS.—Section 214(p) of 
the Immigration and Nationality Act (8 U.S.C. 
1184(p)) is amended by adding at the end the fol-
lowing: 
‘‘(7) AGE DETERMINATIONS.— 
‘‘(A) CHILDREN.—An unmarried alien who 
seeks to accompany, or follow to join, a parent 
granted status under section 101(a)(15)(U)(i), 
and who was under 21 years of age on the date 
on which such parent petitioned for such status, 
shall continue to be classified as a child for pur-
poses of section 101(a)(15)(U)(ii), if the alien 
attains 21 years of age after such parent’s peti-
tion was filed but while it was pending. 
‘‘(B) PRINCIPAL
ALIENS.—An alien de-
scribed in clause (i) of section 101(a)(15)(U) 
shall continue to be treated as an alien de-
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scribed in clause (ii)(I) of such section if the 
alien attains 21 years of age after the alien’s 
application for status under such clause (i) is 
filed but while it is pending.’’. 
(4) PETITIONING PROCEDURES FOR U VISAS.— 
Section 214(p)(1) of the Immigration and Nation-
ality Act (8 U.S.C. 1154(p)) is amended by inserting 
‘‘Certifications may be signed by the head of the 
agency or any agency staff member designated by 
such agency head to sign certifications.’’ before 
‘‘The certification may also’’. 
(e) VOCA AS U-VISA CERTIFIERS.—Section 203(j) 
through section 214(p) of the Immigration and Nation-
ality Act (8 U.S.C. 1153(j) through 8 U.S.C. 1184(p)) 
is amended by inserting ‘‘administrator of crime victim as-
sistance under the Comprehensive Crime Control Act of 
1984 (42 U.S.C. 10602),’’ after ‘‘prosecutor, judge,’’ each 
place it appears. 
SEC. 204. BATTERED SPOUSE AND FAMILY MEMBER PRO-
TECTIONS AND NONIMMIGRANTS. 
(a) EXCEPTION FROM FOREIGN RESIDENCE RE-
QUIREMENT FOR EDUCATIONAL VISITORS.— 
(1) IN GENERAL.—Section 212(e) of the Immi-
gration and Nationality Act (8 U.S.C. 1182(e)) is 
amended, in the matter before the first proviso, by 
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inserting ‘‘unless the alien is a VAWA self-petitioner 
or an applicant for nonimmigrant status under 
101(a)(15)(T) or (U)’’ after ‘‘for an aggregate of at 
least two years following departure from the United 
States’’. 
(2) EFFECTIVE DATE.—The amendment made 
by this paragraph shall apply to aliens regardless of 
whether the foreign residence requirement under 
section 212(e) of the Immigration and Nationality 
Act arises out of an admission or acquisition of sta-
tus under section 101(a)(15)(J) of such Act, before, 
on, or after the date of enactment of this Act. 
(b) SELF-PETITIONING.—Section 204(a)(1)(A)(iii) of 
the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1154(a)(1)(A)(iii)) is amended— 
(1) in subclause (I)(bb), by inserting ‘‘or to 
conclude in a valid marriage’’ after ‘‘intended by the 
alien to be legally a marriage’’; 
(2) in subclause (II)(aa)— 
(A) by striking ‘‘or’’ at the end of subitem 
(BB); 
(B) by inserting ‘‘or’’ at the end of 
subitem (CC); and 
(C) by adding at the end the following new 
subitem: 
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‘‘(DD) who entered the 
United States as an alien 
described 
in 
section 
101(a)(15)(K) with the in-
tent to enter into a valid 
marriage and the alien (or 
child of the alien) was bat-
tered or subject to extreme 
cruelty by the United States 
citizen who filed the petition 
to accord status under such 
section;’’; 
(3) in subclause (II)(cc)— 
(A) by striking ‘‘or who’’ and inserting ‘‘, 
who’’; and 
(B) by inserting ‘‘, or who is described in 
subitem (aa)(DD)’’ before the semicolon; and 
(4) in subclause (II)(dd) by inserting ‘‘or who 
is described in subitem (aa)(DD)’’ before the period. 
(c) EXCEPTION FROM REQUIREMENT TO DEPART.— 
Section 214(d)(1) of the Immigration and Nationality Act 
(8 U.S.C. 1184(d)(1)) is amended by inserting before the 
period at the end the following: ‘‘unless the alien (and the 
child of the alien) entered the United States as an alien 
described in section 101(a)(15)(K) with the intent to enter 
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into a valid marriage and the alien or child was battered 
or subjected to extreme cruelty by the United States cit-
izen who filed the petition to accord status under such 
section’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this subsection shall apply to aliens admitted before, on, 
or after the date of enactment of this Act. 
(e) RELIEF FOR ABUSED FIANCE´S.— 
(1) CONFORMING APPLICATION IN CANCELLA-
TION OF REMOVAL.—Section 240A(b)(2)(A)(i) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1229b(b)(2)(A)(i)) is amended— 
(A) by striking ‘‘or’’ at the end of sub-
clause (II); 
(B) by adding ‘‘or’’ at the end of subclause 
(III); and 
(C) by adding at the end the following new 
subclause: 
‘‘(IV) the alien entered the 
United States as an alien described in 
section 101(a)(15)(K) with the intent 
to enter into a valid marriage and the 
alien (or the child of the alien who is 
described in such section) was bat-
tered or subject to extreme cruelty by 
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the United States citizen who filed the 
petition to accord status under such 
section;’’. 
(2) EXCEPTION TO RESTRICTION ON ADJUST-
MENT OF STATUS.—The second sentence of section 
245(d) of the Immigration and Nationality Act (8 
U.S.C. 1255(d)) is amended by inserting before the 
period the following: ‘‘, unless the alien is described 
in section 204(a)(1)(A)(iii)(II)(aa)(DD)’’. 
(3) APPLICATION UNDER SUSPENSION OF DE-
PORTATION.—Section 244(a)(3) of such Act (8 
U.S.C. 1254(a)(3)) (as in effect on March 31, 1997) 
shall be applied (as if in effect on such date) as if 
the 
phrase 
‘‘is 
described 
in 
section 
240A(b)(2)(A)(i)(IV) or’’ were inserted before ‘‘has 
been battered’’ the first place it appears. 
(4) EFFECTIVE DATE.—The amendments made 
by this subsection shall take effect on the date of the 
enactment of this Act and shall apply to aliens ad-
mitted before, on, or after such date. 
(f) VISA WAIVER ENTRANTS.— 
(1) IN GENERAL.—Section 217(b)(2) of the Im-
migration and Nationality Act (8 U.S.C. 1187(b)(2)) 
is amended by inserting ‘‘as a VAWA self-petitioner 
or for relief under section 101(a)(15)(T) or (U), 
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under 
section 
240A(b)(2), 
or 
under 
section 
244(a)(3) (as in effect on March 31, 1997),’’ after 
‘‘asylum,’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall take effect on the date of the 
enactment of this Act and shall apply to waivers 
provided under section 217(b)(2) of the Immigration 
and Nationality Act before, on, or after such date as 
if it had been included in such waivers. 
(g) ABUSED DERIVATIVES ACCESSING VAWA SELF- 
PETITIONING.—Section 204(a)(1)(B)(ii)(I) of the Immi-
gration 
and 
Nationality 
Act 
(8 
U.S.C. 
1154(a)(1)(B)(ii)(I)) is amended— 
(1) in subitem (CC) by inserting ‘‘or’’ at the 
end; and 
(2) by adding a new subitem (DD) as follows: 
‘‘(DD) who is or was 
the bona fide spouse of an 
alien who is now a Lawful 
Permanent Resident.’’. 
SEC. 205. BATTERED SPOUSE AND FAMILY MEMBER PRO-
TECTIONS. 
(a) 
SELF-PETITIONING
FOR
ABANDONED 
SPOUSES.— 
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(1) ABANDONED SPOUSES OF U.S. CITIZENS.— 
Section 204(a)(1)(A)(iii)(I)(bb) of the Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1154(a)(1)(A)(iii)(I)(bb)) is amended by inserting 
‘‘abandoned,’’ before ‘‘battered’’. 
(2) ABANDONED SPOUSES OF LAWFUL PERMA-
NENT
RESIDENTS.—Section 204(a)(1)(B)(ii)(I)(bb) 
of the Immigration and Nationality Act (8 U.S.C. 
1154(a)(1)(B)(ii)(I)(bb)) is amended by inserting 
‘‘abandoned,’’ before ‘‘battered’’. 
(b) IMPROVED
ACCESS
TO
VAWA SELF-PETI-
TIONING.— 
(1) ABUSED IMMIGRANT SPOUSES OF UNITED 
STATES CITIZENS.—Section 204(a)(1)(A) of the Im-
migration 
and 
Nationality 
Act 
(8 
U.S.C. 
1154(a)(1)(A)) is amended— 
(A) in clause (iii)(I)(bb) by striking ‘‘dur-
ing the marriage or relationship intended by the 
alien to be legally a marriage,’’; 
(B) in clause (iii)(II)(aa)(CC)(bbb) by 
striking ‘‘related to an incident of domestic vio-
lence’’; 
(C) in clause (iii)(II)(aa)— 
(i) by striking subitem (CC)(ccc); and 
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(ii) by inserting after (CC) the fol-
lowing: 
‘‘(DD) who was a bona 
fide spouse of a United 
States citizen whose mar-
riage was legally terminated. 
Applications under this sub-
section must be filed within 
2 years beginning on the 
date that the alien spouse 
receives actual notice of the 
final court order legally ter-
minating 
the 
marriage;’’; 
and 
(D) in clause (iii)(II)(dd) by inserting ‘‘at 
any time’’ before ‘‘resided with’’. 
(2) ABUSED IMMIGRANT SPOUSES OF LAWFUL 
PERMANENT RESIDENTS.—Section 204(a)(1)(B) of 
the Immigration and Nationality Act (8 U.S.C. 
1154(a)(1)(B)) is amended— 
(A) in clause (ii)(I)(bb) by striking ‘‘dur-
ing the marriage or relationship intended by the 
alien to be legally a marriage,’’; 
(B) in clause (ii)(II)(aa), by striking 
subitem (CC), and inserting the following: 
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‘‘(CC) who was a bona 
fide spouse of a lawful per-
manent resident within the 
past two years and whose 
spouse lost status within the 
past 2 years due to an inci-
dent of battering or extreme 
cruelty; or 
‘‘(DD) who was a bona 
fide spouse of a lawful per-
manent resident whose mar-
riage was legally terminated. 
Applications under this sub-
section must be filed within 
2 years beginning on the 
date that the alien spouse 
receives actual notice of the 
final court order legally ter-
minating 
the 
marriage;’’; 
and 
(C) in clause (ii)(II)(dd) is amended by in-
serting ‘‘at any time’’ before ‘‘resided with’’. 
(c) SURVIVAL OF RIGHTS TO SELF-PETITION.—Sec-
tion 204(h) of the Immigration and Nationality Act (8 
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U.S.C. 1154(h)) is amended by striking ‘‘was approved’’ 
and inserting ‘‘has been filed’’. 
(d) 
EXPANSION
OF
PROTECTIONS.—Section 
212(d)(5) of the Immigration and Nationality Act (8 
U.S.C. (d)(5)) is amended by adding at the end the fol-
lowing: 
‘‘(C) The Secretary of Homeland Security 
shall grant parole under subparagraph (A) to 
the following: 
‘‘(i) A VAWA self-petitioner whose pe-
tition was approved based on the petitioner 
or a child of the petitioner having been 
battered or subjected to extreme cruelty by 
a United States citizen spouse, parent, or 
son or daughter. 
‘‘(ii) A VAWA self-petitioner whose 
petition was approved based on the peti-
tioner or a child of the petitioner having 
been battered or subjected to extreme cru-
elty by a lawful permanent resident spouse 
or parent. 
‘‘(iii) An alien whose petition was ap-
proved or who qualifies to be classified as 
a 
nonimmigrant 
described 
in 
section 
101(a)(15)(U)(ii). 
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‘‘(iv) The child of an alien described 
in clauses (i), (ii), (iii), or (iv) of this sub-
section who is outside of the United States. 
‘‘(v) The child of an alien described in 
clauses (v) of this subsection who is out-
side of the United States. 
‘‘(D) The grant of parole under clause (i), 
(ii), or (iii) of subparagraph (C) shall extend 
from the date of approval of the applicable peti-
tion to the time the application for adjustment 
of status filed by aliens covered under such sub-
paragraphs has been finally adjudicated. Appli-
cations for adjustment of status filed by aliens 
covered under such clauses shall be treated as 
if they were applications filed under section 
204(a)(1)(A)(iii), (A)(iv), (B)(ii), or (B)(iii) for 
purposes of section 245(a) and (c). The grant 
of parole under subparagraph clause (iv) or (v) 
of such subparagraph shall extend from the 
date of the determination of the Secretary of 
State described in such subparagraph to the 
time the application for status under section 
101(a)(15)(U)(ii) has been finally adjudicated. 
Failure by any alien covered by subparagraph 
(C) to exercise due diligence in filing a visa pe-
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