of Homeland Security, Secretary of State, Sec-
retary of Health and Human Services, and Sec-
retary of Labor, or Attorney General may dis-
close’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect on the date of the enact-
ment of this Act and shall apply to violations or disclo-
sures made on or after such date. 
Subtitle C—Miscellaneous 
Provisions 
SEC. 131. REMOVING 2 YEAR CUSTODY AND RESIDENCY RE-
QUIREMENT FOR BATTERED ADOPTED CHIL-
DREN. 
(a) IN GENERAL.—Section 101(b)(1)(E)(i) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(b)(1)(E)(i)) is amended by inserting after ‘‘at least 
two years’’ the following: ‘‘or if the child has been battered 
or subject to extreme cruelty by the adopting parent or 
by a family member of the adopting parent residing in 
the same household’’. 
(b) CONFORMING NATURALIZATION AMENDMENT.— 
Section 320(a)(3) of such Act (8 U.S.C. 1431(a)(3)) is 
amended by inserting before the period at the end the fol-
lowing: ‘‘or the child is residing in the United States pur-
suant to a lawful admission for permanent residence and
has been battered or subject to extreme cruelty by the cit-
izen parent or by a family member of the citizen parent 
residing in the same household ’’ 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of the enactment 
of this Act and shall apply to applications pending or filed 
on or after such date. 
SEC. 132. WAIVER OF CERTAIN GROUNDS OF INADMIS-
SIBILITY FOR VAWA PETITIONERS. 
(a) WAIVER OF UNLAWFUL PRESENCE.—Paragraph 
(9)(B)(iii)(IV) of section 212(a) of the Immigration and 
Nationality Act (8 U.S.C. 1182(a)) is amended by striking 
‘‘who would be described in paragraph (6)(A)(ii)’’ and all 
that follows and by inserting ‘‘who demonstrates that the 
alien is described in subclauses (I) and (II) of paragraph 
(6)(A)(ii).’’. 
(b) WAIVER OF FALSE CLAIM OF U.S. CITIZEN-
SHIP.— 
(1) IN
GENERAL.—Section 212(i)(1) of such 
Act (8 U.S.C. 1182(i)(1)) is amended by inserting 
‘‘(and, in the case of a VAWA petitioner who dem-
onstrates a connection between the false claim of 
United States citizenship and the petitioner being 
subjected to extreme cruelty or physical or mental 
abuse, clause (ii))’’ after ‘‘clause (i)’’.
(2) 
CONFORMING
REFERENCE.—Section 
212(a)(6)(C)(iii) 
of 
such 
Act 
(8 
U.S.C. 
1182(a)(6)(C)(iii)) is amended by striking ‘‘clause 
(i)’’and inserting ‘‘clauses (i) and (ii)’’. 
(c) EXEMPTION FROM PUBLIC CHARGE GROUND.— 
(1) IN GENERAL.—Section 212(a)(4) of such 
Act (8 U.S.C. 1182(a)(4)) is amended by adding at 
the end the following new subparagraph: 
‘‘(E) 
SPECIAL
RULE
FOR
BATTERED 
ALIENS.—Subparagraphs (A) through (C) shall 
not apply to an alien who is a VAWA petitioner 
or is a qualified alien described in section 
431(c) of the Personal Responsibility and Work 
Opportunity Reconciliation Act of 1996.’’. 
(2) 
CONFORMING
AMENDMENT.—Section 
212(a)(4)(C)(i) 
of 
such 
Act 
(8 
U.S.C. 
1182(a)(4)(C)(i)) is amended to read as follows: 
‘‘(i) the alien is described in subpara-
graph (E); or’’. 
(d) EFFECTIVE DATE.—Except as provided in this 
section, the amendments made by this section shall take 
effect on the date of the enactment of this Act and shall 
apply regardless of whether the conviction was entered, 
crime, or disqualifying event occurred before, on, or after 
such date.
SEC. 133. TREATMENT OF GOOD MORAL CHARACTER. 
(a) IN GENERAL.—Section 101(a)(43) of the Immi-
gration and Nationality Act (8 U.S.C. 1101(a)(43)) is 
amended—— 
(1) in subparagraphs (F) and (G), by striking 
‘‘at least one year’’ and inserting ‘‘is more than one 
year’’; 
(2) in subparagraph (J), by striking ‘‘one year 
imprisonment or more’’ by inserting ‘‘imprisonment 
of more than one year’’; 
(3) in subparagraph (P), by striking ‘‘at least 
12 months’’ and inserting ‘‘more than one year’’; 
and 
(4) in subparagraphs (R) and (S), by striking 
‘‘at least one year’’ and inserting ‘‘more than one 
year’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect on the date of the enact-
ment of this Act and shall apply to all convictions entered 
(and criminal acts occurring) before, on, or after the date 
of the enactment of this Act. 
SEC. 134. EMPLOYMENT AUTHORIZATION FOR BATTERED 
SPOUSES OF H–1B VISA HOLDERS. 
(a) IN GENERAL.—Section 214(c) of the Immigration 
and Nationality Act (8 U.S.C. 1184(c)), as amended by 
sections 403(a) and 404(a) of the REAL ID Act of 2005
(Division B of Public Law 109–13), is amended by adding 
at the end the following new paragraph: 
‘‘(15) In the case of an alien spouse admitted under 
section 101(a)(15)(H) who is accompanying or following 
to join a principal alien admitted under section 
101(a)(15)(H)(i)(B), the Secretary of Homeland Security 
shall authorize the alien spouse to engage in employment 
in the United States and provide the spouse with an ‘em-
ployment authorized’ endorsement or other appropriate 
work permit if the alien spouse demonstrates that during 
the marriage the alien spouse or a child of the alien spouse 
has been battered or has been the subject to extreme cru-
elty perpetrated by the spouse of the alien spouse.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on the date of the enact-
ment of this Act and shall apply to aliens who obtained 
the status of an alien spouse admitted under section 
101(a)(15)(H) of the Immigration and Nationality Act be-
fore, on, or after such date. 
SEC. 135. GROUNDS FOR HARDSHIP WAIVER FOR CONDI-
TIONAL PERMANENT RESIDENCE FOR IN-
TENDED SPOUSES. 
(a) IN GENERAL.—Section 216(c)(4) of the Immigra-
tion and Nationality Act (8 U.S.C. 1186a(c)(4)) is amend-
ed—
(1) by striking ‘‘or’’ at the end of subparagraph 
(B); 
(2) by striking the period at the end of sub-
paragraph (C) and inserting ‘‘, or’’; and 
(3) by inserting after subparagraph (C) the fol-
lowing new subparagraph: 
‘‘(D) the alien meets the requirements 
under section 204(a)(1)(A)(iii)(II)(aa)(BB) and 
following the marriage ceremony has been bat-
tered by or was subject to extreme cruelty per-
petrated by his or her intended spouse and was 
not at fault in failing to meet the requirements 
of paragraph (1).’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall apply as if included in the enactment 
of VAWA–2000. 
SEC. 136. CANCELLATION OF REMOVAL. 
(a) CLARIFYING APPLICATION OF DOMESTIC VIO-
LENCE WAIVER AUTHORITY IN CANCELLATION OF RE-
MOVAL.— 
(1) IN GENERAL.—Section 240A(b) of the Im-
migration and Nationality Act (8 U.S.C. 1229b(b)) 
is amended— 
(A) in paragraph (1)(C), by striking ‘‘(ex-
cept in a case described in section 237(a)(7)
where the Attorney General exercises discretion 
to grant a waiver)’’ and inserting ‘‘, subject to 
paragraph (5)’’; 
(B) in paragraph (2)(A), by amending 
clause (iv) to read as follows: 
‘‘(iv) subject to paragraph (5), the 
alien is not inadmissible under section 
212(a)(2) or removable under section 
237(a)(2) or 237(a)(3); and ’’; and 
(C) by adding at the end the following new 
paragraph: 
‘‘(5) APPLICATION
OF
DOMESTIC
VIOLENCE 
WAIVER
AUTHORITY.—Paragraphs 
(1)(C) 
and 
(2)(A)(iv) shall not apply with respect to an offense 
described in clause (i) or (ii) of section 237(a)(2)(E) 
in the case described in section 237(a)(7)(A).’’. 
(2) EFFECTIVE DATE.—The amendments made 
by paragraph (1) shall apply as if included in the 
enactment of section 1504(a) of VAWA–2000. 
(b) CLARIFYING NONAPPLICATION
OF CANCELLA-
TION CAP.— 
(1) IN GENERAL.—Section 240A(e)(3) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1229b(e)(3)) is amended by adding at the end the 
following new subparagraph:
‘‘(C) Aliens with respect to their cancella-
tion of removal under subsection (b)(2).’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall apply to cancellations of re-
moval occurring on or after October 1, 2004. 
SEC. 137. MOTIONS TO REOPEN. 
(a) REMOVAL PROCEEDINGS.— 
(1) IN GENERAL.—Section 240(c)(7) of the Im-
migration 
and 
Nationality 
Act 
(8 
U.S.C. 
1230(c)(7)), as redesignated by section 101(d)(1) of 
the REAL ID Act of 2005 (Division B of Public 
Law 109–13), is amended— 
(A) in subparagraph (A), by inserting ‘‘, 
except that this limitation shall not apply so as 
to prevent the filing of one motion to reopen de-
scribed in clause (iv)’’ before the period at the 
end; 
(B) in subparagraph (C)(iv), in the matter 
before subclause (I), by striking ‘‘The deadline 
specified in subsection (b)(5)(C) for filing a mo-
tion to reopen does not apply’’ and inserting 
‘‘Any limitation under this section on the dead-
lines for filing such motions shall not apply’’; 
and
(C) in subparagraph (C)(iv), by adding 
after and below subclause (III) the following 
new sentence: 
‘‘The filing of a motion to reopen under 
this clause shall stay the removal of the 
alien pending final disposition of the mo-
tion including exhaustion of all appeals.’’. 
(2) EFFECTIVE DATE.—The amendments made 
by paragraph (1) shall take effect on the date of the 
enactment of this Act. 
(b) DEPORTATION PROCEEDINGS.— 
(1) IN
GENERAL.—Section 1506(c)(2)(A) of 
VAWA–2000 is amended— 
(A) in the matter before clause (i), by 
striking ‘‘Notwithstanding any limitation im-
posed by law on motions’’ inserting ‘‘Notwith-
standing any limitation on the number of mo-
tions, or the deadlines for filing motions (in-
cluding the deadline specified in section 
242B(c)(3) of the Immigration and Nationality 
Act before the title III–A effective date),’’; 
(B) in the matter before clause (i), by 
striking ‘‘there is no time limit on the filing of 
a motion’’ and all that follows through ‘‘does 
not apply’’ and inserting ‘‘such limitations shall
not apply to the filing of a single motion under 
this subparagraph to reopen such proceedings’’; 
and 
(C) by adding at the end the following: 
‘‘The filing of a motion under this subpara-
graph shall stay the removal of the alien pend-
ing a final disposition of the motion including 
the exhaustion of all appeals.’’. 
(2) EFFECTIVE DATE.—The amendments made 
by paragraph (1) shall take effect on the date of the 
enactment of this Act . 
SEC. 138. REMOVAL PROCEEDINGS. 
(a) EXCEPTION TO REINSTATEMENT OF REMOVAL.— 
(1) IN GENERAL.—Section 241(a)(5) of the Im-
migration and Nationality Act (8 U.S.C. 1251(a)(5)) 
is amended by adding at the end the following: ‘‘The 
provisions of this paragraph shall not apply to an 
alien who, before reinstatement of the removal order, 
sought relief as a VAWA petitioner, applied for sta-
tus as a nonimmigrant under subparagraph (T) or 
(U) of section 101(a)(15), or applied for relief under 
section 240A(b)(2)or 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. 
(b) TREATMENT OF BATTERY OR EXTREME CRU-
ELTY AS EXCEPTIONAL CIRCUMSTANCES.— 
(1) IN GENERAL.—Section 240(e)(1) of such 
Act (8 U.S.C. 1230(e)(1)) is amended by inserting 
‘‘battery or extreme cruelty of the alien or any child 
or parent of the alien or’’ after ‘‘exceptional cir-
cumstances (such as’’. 
(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 a failure to 
appear that occurs before, on, or after such date. 
SEC. 139. CONFORMING RELIEF IN SUSPENSION OF DEPOR-
TATION PARALLEL TO THE RELIEF AVAIL-
ABLE IN VAWA–2000 CANCELLATION FOR 
BIGAMY. 
Section 244(a)(3) of the Immigration and Nationality 
Act (as in effect before the title III–A effective date in 
section 309 of the Illegal Immigration Reform and Immi-
grant Responsibility Act of 1996) shall be applied as if 
‘‘or by a United States citizen or lawful permanent resi-
dent whom the alien intended to marry, but whose mar-
riage is not legitimate because of that United States citi-
zen’s or permanent resident’s bigamy’’ were inserted after 
‘‘by a spouse or parent who is a United States citizen or 
lawful permanent resident’’. 
SEC. 140. CORRECTION OF CROSS-REFERENCE TO CRED-
IBLE EVIDENCE PROVISIONS. 
(a) CUBAN ADJUSTMENT PROVISION.—The last sen-
tence of the first section of Public Law 89–732 (November 
2, 1966; 8 U.S.C. 1255 note), as amended by section 
1509(a) of VAWA–2000, is amended by striking 
‘‘204(a)(1)(H)’’ and inserting ‘‘204(a)(1)(J)’’. 
(b) NACARA.—Section 202(d)(3) of the Nicaraguan 
Adjustment and Central American Relief Act (8 U.S.C. 
1255 note; Public Law 105–100), as amended by section 
1510(a)(2) of VAWA–2000, is amended by striking 
‘‘204(a)(1)(H)’’ and inserting ‘‘204(a)(1)(J)’’. 
(c) IIARAIRA.—Section 309(c)(5)(C)(iii) of the Ille-
gal Immigration and Reform and Immigrant Responsi-
bility Act of 1996 (division C of Public Law 104–208; 8 
U.S.C. 1101 note), as amended by section 1510(b)(2) of 
VAWA–2000, is amended by striking ‘‘204(a)(1)(H)’’ and 
inserting ‘‘204(a)(1)(J)’’. 
(d) HRIFA.—Section 902(d)(1)(B)(iii) of the Hai-
tian Refugee Immigration Fairness Act of 1998 (division 
A of section 101(h) of Public Law 105–277; 112 Stat. 
2681–538), as amended by section 1511(a) of VAWA–