I 
110TH CONGRESS 
1ST SESSION H. R. 2388 
To amend the Immigration and Nationality Act to enhance protections for 
immigrant victims of domestic violence, sexual assault, and trafficking. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 17, 2007 
Ms. SCHAKOWSKY introduced the following bill; which was referred to the 
Committee on the Judiciary, and in addition to the Committees on Ways 
and Means, Agriculture, Financial Services, and Energy and Commerce, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of the 
committee concerned 
A BILL 
To amend the Immigration and Nationality Act to enhance 
protections for immigrant victims of domestic violence, 
sexual assault, and trafficking. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Violence Against Immigrant Women Act of 2007’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
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TITLE I—REFERENCES; RULEMAKING 
Sec. 101. References; rulemaking. 
TITLE II—ADDITIONAL VAWA IMMIGRATION-RELATED 
PROVISIONS 
Subtitle A—Provisions Relating to VAWA–2005 
Sec. 201. Miscellaneous corrections to VAWA–2005. 
Sec. 202. Additional technical correction. 
Sec. 203. Clarification of roles of Secretary of Homeland Security and Attorney 
General. 
Sec. 204. IMBRA Federal criminal penalty. 
Subtitle B—Additional Provisions Relating to Victims of Crime 
Sec.
211. Treatment of good moral character for purposes of adjustment of 
status for victims of trafficking. 
Sec. 212. Status as qualified alien for nonimmigrant ‘‘U’’ and ‘‘T’’ applicants 
and visa holders. 
Subtitle C—Additional Provisions Relating to VAWA Self-Petitioners, VAWA 
Cancellation, and VAWA Suspension Applicants 
Sec. 221. Self-petitioning for children. 
Sec. 222. Eligibility for safety net benefits of aliens suffering from domestic 
abuse. 
Sec. 223. Promoting consistency in VAWA adjudications. 
Sec. 224. Clarification of basis for relief under hardship waivers for conditional 
permanent residence. 
Sec. 225. Relief for certain victims pending actions on petitions and applica-
tions for relief. 
Sec. 226. Removing barrires to VAWA protection. 
Sec. 227. Eliminating abusers’ control over applications. 
Sec. 228. Parole for VAWA petitioners and for derivatives of trafficking vic-
tims. 
Sec. 229. Clarification of access to naturalization for victims of domestic vio-
lence. 
Sec. 230. Protections against adverse determinations of admissibility or deport-
ability based on protected information. 
Sec. 231. Authorization of appropriations. 
Sec. 232. Waiver of certain grounds of inadmissibility for VAWA petitioners. 
Sec. 233. Clarifying nonapplication of cancellation cap to cancellation of re-
moval. 
Subtitle D—Miscellaneous Additional Provisions 
Sec. 241. Correction of cross-reference to credible evidence provisions. 
Sec. 242. Conforming amendment confirming IIRAIRA’s grant of public and 
assisted housing to all qualified aliens, including battered im-
migrants. 
Sec. 243. Miscellaneous technical corrections. 
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TITLE I—REFERENCES; 
RULEMAKING 
SEC. 101. REFERENCES; RULEMAKING. 
(a) REFERENCES.—In this Act: 
(1) The term ‘‘VAWA–2005’’ means title VIII 
of the Violence Against Women and Department of 
Justice Reauthorization Act of 2005 (Public Law 
109–162). 
(2) The term ‘‘VAWA–2000’’ means the Vio-
lence Against Women Act of 2000 (division B of 
Public Law 106–386). 
(b) 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 promulgate regulations to implement the provi-
sions and amendments contained in this Act. Insofar as 
required to carry out the previous sentence in a timely 
manner, such regulations shall be promulgated to take ef-
fect on an interim basis, at the same time that notice and 
opportunity for public comment are offered. 
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TITLE II—ADDITIONAL VAWA IM-
MIGRATION-RELATED PROVI-
SIONS 
Subtitle A—Provisions Relating to 
VAWA–2005 
SEC. 201. MISCELLANEOUS CORRECTIONS TO VAWA–2005. 
(a) SECTION 805.—Section 204(a)(1)(D) of the Im-
migration and Nationality Act (8 U.S.C. 1154(a)(1)(D)), 
as amended by section 805(a) of VAWA–2005, is amend-
ed— 
(1) in clause (i)(I), by striking ‘‘under clause 
(iv) 
of 
section 
204(a)(1)(A) 
or 
section 
204(a)(1)(B)(iii)’’ and inserting ‘under subpara-
graph (A)(iv) or (B)(iii)’’ each place it appears; and 
(2) by striking ‘‘a petitioner for preference sta-
tus under paragraph (1), (2), or (3) of section 
203(a), whichever paragraph is applicable’’ and in-
serting ‘‘to continue to be treated as an immediate 
relative under section 201(b)(2)(A)(i), or to be a pe-
titioner 
for 
preference 
status 
under 
section 
203(a)(3) if subsequently married or a petitioner for 
preference status under section 203(a)(2)(A), which-
ever is applicable’’. 
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(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall apply to applications filed before, on, 
or after the date of the enactment of VAWA–2000. 
SEC. 202. ADDITIONAL TECHNICAL CORRECTION. 
Effective as if included in Public Law 109–271, sec-
tion 6(a) of such Act is amended by inserting before the 
period at the end the following: ‘‘the first place it appears 
and by inserting ‘or (B)(iii), as the case may be’ after 
‘(A)(iv)’ the second place it appears’’. 
SEC. 203. CLARIFICATION OF ROLES OF SECRETARY OF 
HOMELAND SECURITY AND ATTORNEY GEN-
ERAL. 
(a) T-VISAS (SECTION 801 OF VAWA–2005).—Sec-
tion 101(a)(15)(T)(i) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)(15)(T)(i)), as amended by section 
801(a)(1)(A) of VAWA–2005, is amended by striking ‘, 
or in the case of subclause (III)(aa) the Secretary of 
Homeland Security and the Attorney General jointly’’. 
(b) ADJUSTMENT OF STATUS FOR VICTIMS OF TRAF-
FICKING
(SECTION
803 
OF
VAWA–2005).—Section 
245(l)(1) of the Immigration and Nationality Act (8 
U.S.C. 1255(l)(1)), as amended by section 803(a) of 
VAWA–2005, is amended— 
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(1) by striking ‘‘, or in the case of subpara-
graph (C)(i), the Attorney General,’’ each place it 
appears; and 
(2) in subparagraph (A), by striking ‘‘Attorney 
General’’ and inserting ‘‘Secretary of Homeland Se-
curity’’. 
(c) ADJUSTMENT OF STATUS FOR CRIME VICTIMS.— 
Section 245(m)(1) of the Immigration and Nationality Act 
(8 U.S.C. 1255(m)(1)) is amended, in the matter before 
subparagraph (A), by striking ‘‘unless the Attorney Gen-
eral’’ and inserting ‘‘unless the Secretary’’. 
(d) VICTIM OF TRAFFICKING CERTIFICATION PROC-
ESS
(SECTION
804 
OF
VAWA–2005).—Section 
107(b)(1)(E) of the Trafficking Victims Protection Act of 
2000 (22 U.S.C. 7105(b)(1)(E)), as amended by section 
804(b) of VAWA–2005, is amended— 
(1) in clause (i) in the matter preceding sub-
clause (I), by striking ‘‘and the Secretary’’ and in-
serting ‘‘or the Secretary’’; 
(2) in clause (i)(II)(bb), by striking ‘‘Attorney 
General and’’; and 
(3) in clause (ii), by striking ‘‘Attorney Gen-
eral’’. 
(e) CLARIFICATION OF CONTINUED INVOLVEMENT 
OF BOTH DEPARTMENT OF JUSTICE AND THE DEPART-
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MENT
OF HOMELAND SECURITY
IN ANNUAL TRAF-
FICKING REPORT.—Section 107(g) of the Trafficking Vic-
tims Protection Act of 2000 (22 U.S.C. 7105(g)), as 
amended by subsections (a)(1) and (d) of section 804 of 
VAWA–2005, is amended by striking ‘‘of each year’’ and 
all that follows through ‘‘shall submit a report’’ and in-
serting ‘‘of each year, the Attorney General and the Sec-
retary of Homeland Security shall jointly submit a re-
port’’. 
(f) EFFECTIVE DATE.—This section, and the amend-
ments made by this section, shall be effective as if included 
in the enactment of VAWA–2005. 
SEC. 204. IMBRA FEDERAL CRIMINAL PENALTY. 
Section 833(d)(5)(B) of VAWA–2005 is amended by 
striking ‘‘interstate or foreign commerce, an international 
marriage broker that, within the special maritime and ter-
ritorial jurisdiction of the United States, violates’’ and in-
serting ‘‘interstate or foreign commerce or within the spe-
cial maritime and territorial jurisdiction of the United 
States, an international marriage broker that violates’’. 
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Subtitle B—Additional Provisions 
Relating to Victims of Crime 
SEC. 211. TREATMENT OF GOOD MORAL CHARACTER FOR 
PURPOSES OF ADJUSTMENT OF STATUS FOR 
VICTIMS OF TRAFFICKING. 
Section 245(l) of the Immigration and Nationality 
Act (8 U.S.C. 1255(l)) is amended— 
(1) in paragraph (1)(B), by inserting ‘‘subject 
to paragraph (6),’’ after ‘‘(B)’’; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(6) For purposes of paragraph (1)(B), the Secretary 
of Homeland Security, in the Secretary’s sole unreviewable 
discretion, may waive consideration of a disqualification 
from good moral character described in section 101(f) with 
respect to an alien if there is a connection between the 
disqualification and the trafficking with respect to the 
alien described in section 101(a)(15)(T)(i).’’. 
SEC. 
212. 
STATUS 
AS 
QUALIFIED 
ALIEN 
FOR 
NON-
IMMIGRANT ‘‘U’’ AND ‘‘T’’ APPLICANTS AND 
VISA HOLDERS. 
(a) IN GENERAL.—Section 431(c) of the Personal 
Responsibility and Work Opportunity Reconciliation Act 
of 1996 (8 U.S.C. 1641(c)) is amended— 
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(1) by striking ‘‘or’’ at the end of paragraph 
(2)(B); 
(2) by striking the period at the end of para-
graph (3)(B) and inserting a semicolon; and 
(3) by adding at the end the following: 
‘‘(4) an alien who has applied for and not been 
denied or who holds status as a nonimmigrant under 
clause (i) or (ii) of section 101(a)(15)(U) of the Im-
migration and Nationality Act; or 
‘‘(5) an alien who has applied for and not been 
denied or who holds status as a nonimmigrant under 
clause (i) or (ii) of section 101(a)(15)(T) of the Im-
migration and Nationality Act. 
The provisions of paragraph (5) are in addition to 
the access to public benefits provided in the Traf-
ficking Victims Protection Act of 2000 and the Traf-
ficking Victims Reauthorization Act of 2003.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this section apply to applications for public benefits and 
public benefits provided on or after the date of the enact-
ment of this Act without regard to whether regulations 
to carry out such amendments are implemented, as re-
quired under section 101(b). 
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Subtitle C—Additional Provisions 
Relating 
to 
VAWA 
Self-Peti-
tioners, VAWA Cancellation, and 
VAWA Suspension Applicants 
SEC. 221. SELF-PETITIONING FOR CHILDREN. 
(a) SELF-PETITIONING BY CHILDREN OF PARENT- 
ABUSERS UPON DEATH OR OTHER TERMINATION OF 
PARENT-CHILD RELATIONSHIP.— 
(1) 
CITIZEN
PARENTS.—Section 
204(a)(1)(A)(iv) of the Immigration and Nationality 
Act (8 U.S.C. 1154(a)(1)(A)(iv)) is amended— 
(A) by striking ‘‘or who’’ and inserting 
‘‘who’’; and 
(B) by inserting before ‘‘, and who is a 
person of good moral character,’’ the following: 
‘‘or who was a child of a United States citizen 
parent who within the past 2 years (or, if later, 
two years after the date the child attains 18 
years of age) died or otherwise terminated the 
parent-child relationship (as defined under sec-
tion 101(b))’’. 
(2) LAWFUL
PERMANENT
RESIDENT
PAR-
ENTS.— 
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(A) 
IN
GENERAL.—Section 
204(a)(1)(B)(iii) 
of 
such 
Act 
(8 
U.S.C. 
1154(a)(1)(B)(iii)) is amended— 
(i) by striking ‘‘or who’’ and inserting 
‘‘who’’; and 
(ii) by inserting before ‘‘, and who is 
a person of good moral character,’’ the fol-
lowing: ‘‘or who was a child of a lawful 
permanent resident who within the past 2 
years (or, if later, two years after the date 
the child attains 18 years of age) died or 
otherwise terminated the parent-child rela-
tionship 
(as 
defined 
under 
section 
101(b))’’. 
(B) CONFORMING
TREATMENT
OF
DE-
CEASED
SPOUSES.—Section 
204(a)(1)(B)(ii)(II)(aa)(CC) of such Act (8 
U.S.C. 
1154(a)(1)(B)(ii)(II)(aa)(CC)) 
is 
amended— 
(i) by redesignating subitems (aaa) 
and (bbb) as subitems (bbb) and (ccc), re-
spectively; and 
(ii) by inserting before subitem (bbb), 
as so redesignated, the following: 
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‘‘(aaa) whose spouse died within the past 
2 years;’’. 
(c) EFFECTIVE DATES.— 
(1) IN GENERAL.—Subject to paragraph (2), 
the amendments made by paragraphs (1) and (2) of 
subsection (a) shall take effect on the date of the en-
actment of this Act. 
(2) TRANSITION IN CASE OF CITIZEN PARENTS 
WHO DIED BEFORE ENACTMENT.—In applying the 
amendments made by paragraphs (1) and (2)(A) of 
subsection (a) in the case of an alien whose citizen 
parent or lawful permanent resident parent died or 
whose parent-child relationship with such parent ter-
minated during the period beginning on October 28, 
1998, and ending on the date of the enactment of 
this Act, the following rules apply: 
(A) The reference to ‘‘within the past 2 
years’’ 
in 
section 
204(a)(1)(A)(iv) 
or 
204(a)(1)(B)(iii), respectively, of the Immigra-
tion and Nationality Act in the matter inserted 
by such paragraph is deemed to be a reference 
to such period. 
(B) The petition must be filed under such 
section within 2 years after the date of the en-
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actment of this Act (or, if later, 2 years after 
the alien’s 18th birthday). 
(C) The determination of eligibility for 
benefits as a child under such section (including 
under section 204(a)(1)(D) of the Immigration 
and Nationality Act by reason of a petition au-
thorized under such section) shall be deter-
mined as of the date of the death of the citizen 
parent or lawful permanent resident parent or 
the termination of the parent-child relationship. 
SEC. 222. ELIGIBILITY FOR SAFETY NET BENEFITS OF 
ALIENS SUFFERING FROM DOMESTIC ABUSE. 
(a) EXEMPTION
FROM SSI AND FOOD STAMPS 
BAN.—Section 402(a)(2) of the Personal Responsibility 
and Work Opportunity Reconciliation Act of 1996 (8 
U.S.C. 1612(a)(2)) is amended by adding at the end the 
following new subparagraph: 
‘‘(M) BATTERED
AND
CRIME
VICTIM 
ALIENS.—With respect to eligibility for a speci-
fied Federal program (as defined in paragraph 
(3)), paragraph (1) shall not apply to an alien 
who— 
‘‘(i) is described in section 431(c); 
‘‘(ii) is described in section 431(b) 
and also is described in section 431(c), 
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other than paragraphs (1)(B), (2)(B), and 
(3)(B) of such section; or 
‘‘(iii) is described in clause (i) or (ii) 
and was lawfully admitted as a permanent 
resident.’’. 
(b) EXEMPTION
FROM TANF, SOCIAL SERVICE 
BLOCK GRANT, AND MEDICAID BAN.—Section 402(b)(2) 
of such Act (8 U.S.C. 1612(b)(2)) is amended by inserting 
after subparagraph (F) the following new subparagraph: 
‘‘(G) 
BATTERED
AND
CRIME
VICTIM 
ALIENS.—An alien who— 
‘‘(i) is described in section 431(c); 
‘‘(ii) is described in section 431(b) 
and also is described in section 431(c), 
other than paragraphs (1)(B), (2)(B), and 
(3)(B) of such section; or 
‘‘(iii) is described in clause (i) or (ii) 
and was lawfully admitted as a permanent 
resident.’’. 
(c) EXEMPTION
FROM 5-YEAR BAN
FOR SAFETY 
NET PUBLIC BENEFITS.—Section 403(b) of such Act (8 
U.S.C. 1613(b)) is amended by adding at the end the fol-
lowing new paragraph: 
‘‘(3) BATTERED AND CRIME VICTIM ALIENS.— 
An alien who— 
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‘‘(A) is described in section 431(c); 
‘‘(B) is described in section 431(b) and 
also is described in section 431(c), other than 
paragraphs (1)(B), (2)(B), and (3)(B) of such 
section; or 
‘‘(C) is described in subparagraph (A) or 
(B) and was lawfully admitted as a permanent 
resident.’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section apply to applications for public benefits and 
public benefits provided on or after the date of the enact-
ment of this Act without regard to whether regulations 
to carry out such amendments are implemented, as re-
quired under section 205(b). 
SEC. 223. PROMOTING CONSISTENCY IN VAWA ADJUDICA-
TIONS. 
(a) IN GENERAL.—Section 204(a)(1) of the Immi-
gration and Nationality Act (8 U.S.C. 1154(a)(1)) is 
amended— 
(1) in subparagraph (A)(iii)(II)(aa)(CC)(bbb), 
by striking ‘‘an incident of domestic violence’’ and 
inserting ‘‘battering or extreme cruelty by the 
United States citizen spouse’’; 
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(2) in subparagraph (A)(iv), by striking ‘‘an in-
cident of domestic violence’’ and inserting ‘‘battering 
or extreme cruelty by such parent’’; 
(3) in subparagraph (A)(vii)(I), as added by 
section 816 of VAWA–2005, is amended by striking 
‘‘related to an incident of domestic violence’’ and in-
serting ‘‘related to battering or extreme cruelty by 
the United States citizen son or daughter’’; 
(4) in subparagraph (B)(ii)(II)(aa)(CC)(aaa), 
by striking ‘‘due to an incident of domestic violence’’ 
and inserting ‘‘related to battering or extreme cru-
elty by the lawful permanent resident spouse’’; and 
(5) in subparagraph (B)(iii), by striking ‘‘due 
to an incident of domestic violence’’ and inserting 
‘‘related to battering or extreme cruelty by such par-
ent’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect as if included in the enact-
ment of VAWA–2000, except that the amendment made 
by subsection (a)(3) shall apply as if included in the enact-
ment of VAWA–2005. 
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SEC. 224. CLARIFICATION OF BASIS FOR RELIEF UNDER 
HARDSHIP WAIVERS FOR CONDITIONAL PER-
MANENT RESIDENCE. 
(a) GROUNDS FOR HARDSHIP WAIVER FOR CONDI-
TIONAL
PERMANENT
RESIDENCE
FOR
INTENDED 
SPOUSES.—Section 216(c)(4) of the Immigration and Na-
tionality Act (8 U.S.C. 1186a(c)(4)) is amended— 
(1) 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) GROUNDS FOR RELIEF.—Such section is further 
amended by adding at the end the following: ‘‘An applica-
tion for relief under this paragraph may be based on one 
or more grounds specified in subparagraphs (A) through 
(D) and may be amended at any time to change the 
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ground or grounds for such relief without the application 
being resubmitted.’’. 
(c) 
CONFORMING
AMENDMENT.—Section 
237(a)(1)(H)(ii) of such Act (8 U.S.C. 1227(a)(1)(H)(ii)) 
is amended by inserting before the period at the end the 
following: ‘‘or qualifies for a waiver under section 
216(c)(4)’’. 
(d) EFFECTIVE DATES.— 
(1) The amendments made by subsection (a) 
shall apply as if included in the enactment of 
VAWA–2000. 
(2) The amendments made by subsections (b) 
and (c) shall apply to applications for relief pending 
or filed on or after April 10, 2003. 
SEC. 225. RELIEF FOR CERTAIN VICTIMS PENDING AC-
TIONS ON PETITIONS AND APPLICATIONS 
FOR RELIEF. 
(a) RELIEF.— 
(1) LIMITATION
ON
REMOVAL
OR
DEPORTA-
TION.—Section 237 of the Immigration and Nation-
ality Act (8 U.S.C. 1227) is amended by adding at 
the end the following new subsection: 
‘‘(d)(1) In the case of an alien in the United States 
for whom a petition as a VAWA petitioner has been filed, 
if the petition sets forth a prima facie case for approval, 
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the Secretary of Homeland Security may grant the alien 
a stay of removal until the petition is approved or the peti-
tion is denied after exhaustion of administrative appeals. 
Any appeal of the denial of a stay of removal under this 
paragraph must accompany any appeal of the underlying 
substantive petition or application for benefits. In the case 
of the approval of a petition under this paragraph, such 
stay of removal may be extended until a final determina-
tion is made on an application for adjustment of status. 
‘‘(2) In the case of an alien in the United States for 
whom an application for nonimmigrant status (whether as 
a principal or derivative child) under subparagraph (T) 
or (U) of section 101(a)(15) has been filed, if the applica-
tion sets forth a prima facie case for approval, the Sec-
retary of Homeland Security may grant the alien a stay 
of removal until the application is approved or the applica-
tion is denied after exhaustion of administrative appeals. 
Any appeal of the denial of a stay of removal under this 
paragraph must accompany any appeal of the underlying 
substantive petition or application for benefits. 
‘‘(3) During a period in which an alien is provided 
a stay of removal under this subsection, the alien shall 
not be removed or deported. 
‘‘(4) Nothing in this subsection shall be construed as 
limiting the authority of the Secretary of Homeland Secu-
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rity to grant a stay of removal in any case not described 
in this subsection.’’. 
(2) LIMITATION ON DETENTION.—Section 236 
of such Act (8 U.S.C. 1226) is amended by adding 
at the end the following new subsection: 
‘‘(f) LIMITATION ON DETENTION OF CERTAIN VIC-
TIMS OF VIOLENCE.—An alien for whom— 
‘‘(1) a petition as a VAWA petitioner has been 
approved; 
‘‘(2) an application for nonimmigrant status 
(whether as a principal or derivative child) under 
subparagraph (T) or (U) of section 101(a)(15) has 
been approved; or 
‘‘(3) an application under section 240A(b)(2) or 
244(a)(3) (as in effect on March 31, 1997) has been 
approved by the immigration judge (whether or not 
the case has been appealed); 
shall not be detained, unless the alien is subject to manda-
tory detention under section 236A or subsection (c). If the 
alien is subject to detention under subsection (c) the alien 
shall be released if the only basis for detention is a ground 
for which there is a waiver or exception available under 
section 204(a)(1)(C), 212(h), 212(d)(13), 212(d)(14), 
237(a)(7), or 237(a)(2)(A)(V).’’. 
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(3) PROCESSING
OF
APPLICATIONS.—Section 
204(a)(1) of such Act (8 U.S.C. 1154(a)(1)) is 
amended by adding at the end the following new 
subparagraph: 
‘‘(M) A petition as a VAWA petitioner shall be proc-
essed without regard to whether a proceeding to remove 
or deport such alien is brought or pending.’’. 
(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 petitions 
and applications filed before, on, or after such date. 
(b) CONFORMING RELIEF IN SUSPENSION OF DE-
PORTATION PARALLEL TO THE RELIEF AVAILABLE IN 
VAWA–2000 CANCELLATION FOR BIGAMY.— 
(1) IN GENERAL.—Section 244(a)(3) of the Im-
migration and Nationality Act (as in effect before 
the title III–A effective date in section 309 of the Il-
legal Immigration Reform and Immigrant Responsi-
bility Act of 1996) shall be applied as if ‘‘or by a 
United States citizen or lawful permanent resident 
whom the alien intended to marry, but whose mar-
riage is not legitimate because of that United States 
citizen’s or permanent resident’s bigamy’’ were in-
serted after ‘‘by a spouse or parent who is a United 
States citizen or lawful permanent resident’’. 
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(2) EFFECTIVE DATE.—The provisions of para-
graph (1) shall apply as if included in the enactment 
of VAWA–2000. 
SEC. 226. REMOVING BARRIERS TO VAWA PROTECTION. 
(a) FIANCE´(E)S.— 
(1) 
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— 
(A) in subclause (I)(bb), by inserting after 
‘‘during the marriage’’ the following: ‘‘or rela-
tionship intended by the alien to be legally a 
marriage or to conclude in a valid marriage’’; 
(B) in subclause (II)(aa)— 
(i) by striking ‘‘or’’ at the end of 
subitem (BB); 
(ii) by inserting ‘‘or’’ at the end of 
subitem (CC); and 
(iii) by adding at the end the fol-
lowing new subitem: 
‘‘(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 battered or subject to extreme 
cruelty in the United States by the United States 
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citizen who filed the petition to accord status under 
such section;’’; 
(C) in subclause (II)(cc), by striking ‘‘or 
who’’ and inserting ‘‘, who’’ and by inserting 
before the semicolon at the end the following: ‘‘, 
or who is described in subitem (aa)(DD)’’; and 
(D) in subclause (II)(dd), by inserting ‘‘or 
who is described in subitem (aa)(DD)’’ before 
the period at the end. 
(2) EXCEPTION FROM REQUIREMENT TO DE-
PART.—Section 214(d) of such Act (8 U.S.C. 
1184(d)) 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 in-
tent to enter into a valid marriage and the alien or 
child was battered or subject to extreme cruelty in 
the United States by the United States citizen who 
filed the petition to accord status under such sec-
tion’’. 
(3) 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. 
(b) RELIEF FOR ABUSED FIANCE´(E)S.— 
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(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 sec-
tion) was battered or subject to extreme 
cruelty in the United States by the United 
States citizen who filed the petition to ac-
cord status under such section;’’. 
(2) EXCEPTION TO RESTRICTION ON ADJUST-
MENT OF STATUS.—The second sentence of section 
245(d) of such Act (8 U.S.C. 1255(d)) is amended 
by inserting before the period at the end the fol-
lowing: ‘‘, unless the alien is described in section 
204(a)(1)(A)(iii)(II)(aa)(DD)’’. 
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(3) APPLICATION UNDER SUSPENSION OF DE-
PORTATION.—Section 244(a)(3) of such Act (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, 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 
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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 spouses of refugees 
for whom an asylum application is granted be-
fore, on, or after such date; and 
(B) section 209(b)(3)(C) of such Act, as so 
added, shall apply with respect to the child of 
a refugee for whom an asylum application is 
filed before, on, or after such date. 
(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) 
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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 an applicant for nonimmigrant 
status under subparagraph (T) or (U) of section 
101(a)(15)’’ after ‘‘for an aggregate of at least two 
years following 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 aliens re-
gardless of whether the foreign residence require-
ment under section 212(e) of the Immigration and 
Nationality Act arises out of an admission or acqui-
sition of status under section 101(a)(15)(J) of such 
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Act before, on, or after the date of the enactment 
of this Act. 
SEC. 227. ELIMINATING ABUSERS’ CONTROL OVER APPLI-
CATIONS. 
(a) APPLICATION OF MOTIONS TO REOPEN FOR ALL 
VAWA PETITIONERS.—Section 240(c)(7)(C)(iv) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1230(c)(7)(C)(iv)), as redesignated by section 101(d)(1) 
of the REAL ID Act of 2005 (division B of Public Law 
109–13), 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) SELF-PETITIONING RIGHTS UNDER SECTION 
203 OF NACARA.—Section 309 of the Illegal Immigra-
tion and Reform and Immigrant Responsibility Act of 
1996 (division C of Public Law 104–208; 8 U.S.C. 1101 
note), as amended by section 203(a) of the Nicaraguan 
Adjustment and Central American Relief Act (8 U.S.C. 
1255 note; Public Law 105–100), is amended— 
(1) in subsection (c)(5)(C)(i)(VII)(aa), as 
amended by section 1510(b) of VAWA–2000— 
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(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’’; 
(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-
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lief under section 204(a)(1)(A)(iii) of the Immigration and 
Nationality Act.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of the enactment 
of this Act. 
SEC. 228. PAROLE FOR VAWA PETITIONERS AND FOR DE-
RIVATIVES OF TRAFFICKING VICTIMS. 
(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 striking ‘‘CHILDREN OF 
BATTERED
ALIENS’’ and inserting ‘‘BATTERED 
ALIENS, CHILDREN OF BATTERED ALIENS, AND DE-
RIVATIVE FAMILY MEMBERS OF TRAFFICKING VIC-
TIMS,’’; 
(2) in subparagraph (A)— 
(A) by striking ‘‘or’’ at the end of clause 
(i); 
(B) by striking the period at the end of 
clause (ii) and inserting a semicolon; and 
(C) by adding at the end the following new 
clauses: 
‘‘(iii) VAWA petitioner whose petition 
was approved based on having been bat-
tered or subjected to extreme cruelty by a 
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United States citizen spouse, parent, or 
son or daughter and who is admissible and 
eligible for an immigrant visa; 
‘‘(iv) VAWA petitioner whose petition 
was approved based on having been bat-
tered or subjected to extreme cruelty by a 
lawful permanent resident spouse or par-
ent, who is admissible and would be eligi-
ble for an immigrant visa but for the fact 
that an immigrant visa is not immediately 
available to the alien, and who filed a peti-
tion 
for 
classification 
under 
section 
204(a)(1)(B), if at least 3 years has 
elapsed since the petitioner’s priority date; 
or 
‘‘(v) an alien would, but for an appli-
cation or approval, meet the conditions for 
approval as a nonimmigrant described in 
section 101(a)(15)(T)(ii).’’; and 
(3) in subparagraph (B)— 
(A) in the first sentence, by striking ‘‘The 
grant of parole’’ and inserting ‘‘(i) The grant of 
parole under subparagraph (A)(i) or (A)(ii)’’; 
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(B) in the second sentence, by striking 
‘‘covered under this paragraph’’ and inserting 
‘‘covered under such subparagraphs’’; 
(C) in the last sentence, by inserting ‘‘of 
subparagraph (A)’’ after ‘‘clause (i) or (ii)’’; 
and 
(D) by adding at the end the following new 
clauses: 
‘‘(ii) The grant of parole under subpara-
graph (A)(iii) or (A)(iv) shall extend from the 
date of approval of the applicable petition to the 
time the application for adjustment of status 
filed by aliens covered under such subpara-
graphs has been finally adjudicated. Applica-
tions for adjustment of status filed by aliens 
covered under such subparagraphs 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). 
‘‘(iii) The grant of parole under subpara-
graph (A)(v) shall extend from the date of the 
determination of the Secretary of State de-
scribed in such subparagraph to the time the 
application 
for 
status 
under 
section 
101(a)(15)(T)(ii) has been finally adjudicated. 
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Failure by such an alien to exercise due dili-
gence in filing a visa petition on the alien’s be-
half may result in revocation of parole.’’. 
(b) CONFORMING REFERENCE.—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) Parole is provided for certain battered aliens, 
children of battered aliens, and parents of battered alien 
children under 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. 
SEC. 229. CLARIFICATION OF ACCESS TO NATURALIZATION 
FOR VICTIMS OF DOMESTIC VIOLENCE. 
(a) IN GENERAL.—Section 319(a) of the Immigra-
tion and Nationality Act (8 U.S.C. 1430(a)) is amended 
by inserting after ‘‘extreme cruelty by a United States cit-
izen spouse or parent’’ the following: ‘‘, regardless of 
whether the lawful permanent resident status was ob-
tained on the basis of such battery or cruelty’’. 
(b) USE OF CREDIBLE EVIDENCE.—Such section is 
further amended by adding at the end the following: ‘‘The 
provisions of section 204(a)(1)(J) shall apply in acting on 
an application under this subsection in the same manner 
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as they apply in acting on petitions referred to in such 
section.’’ 
(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 for naturaliza-
tion filed before, on, or after the date of the enactment 
of this Act. 
SEC. 230. PROTECTIONS AGAINST ADVERSE DETERMINA-
TIONS OF ADMISSIBILITY OR DEPORTABILITY 
BASED ON PROTECTED INFORMATION. 
(a) INCREASING SCOPE OF ALIENS AND INFORMA-
TION PROTECTED.—Subsection (a)(2) of section 384 of 
the Illegal Immigration Reform and Immigrant Responsi-
bility Act of 1996 (division C of Public Law 104–208; 8 
U.S.C. 1367) is amended by inserting ‘‘notwithstanding 
section 552 of title 5, United States Code,’’ after ‘‘(2)’’. 
(b) Section 825 of VAWA–2005 is amended by add-
ing at the end the following new paragraph: 
‘‘(3) CONSTRUCTION.—Nothing in the amend-
ments made by this subsection shall be construed to 
preclude an immigration judge from taking into ac-
count violations of section 384 of the Illegal Immi-
gration Reform and Immigrant Responsibility Act of 
1996.’’. 
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(c) EFFECTIVE DATES.—The amendment made by 
subsection (a) shall be effective on the date of the enact-
ment of this Act and the amendment made by subsection 
(c) shall be effective as if included in the enactment of 
VAWA–2005. 
SEC. 231. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to the Sec-
retary of Homeland Security such sums as may be nec-
essary to provide for— 
(1) adjudication of petitions and adjustment ap-
plications of VAWA petitioners (as defined in section 
101(a)(51) of the Immigration and Nationality Act, 
as added by section 811 of VAWA–2005) and of 
aliens seeking status as nonimmigrants under sub-
paragraph (T) or (U) of section 101(a)(15) of such 
Act; 
(2) issuance of employment authorizations 
under section 204(a)(1)(K) of such Act, as added by 
section 814(b) of VAWA–2005, and under section 
106 of such Act, as added by section 814(c) of 
VAWA–2005; and 
(3) processing of naturalization applications 
under section 319(a) of the Immigration and Na-
tionality Act filed by aliens who have been battered 
or subjected to extreme cruelty. 
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SEC. 232. WAIVER OF CERTAIN GROUNDS OF INADMIS-
SIBILITY FOR VAWA PETITIONERS. 
(a) EXEMPTION FROM PUBLIC CHARGE GROUND.— 
(1) IN GENERAL.—Section 212(a)(4) of the Im-
migration and Nationality Act (8 U.S.C. 1182(a)(4)) 
is amended by adding at the end the following new 
subparagraph: 
‘‘(E) 
SPECIAL
RULE
FOR
BATTERED 
ALIENS.—Subparagraphs (A) through (C) shall 
not apply to an alien who is a VAWA self-peti-
tioner, is an applicant or has been granted sta-
tus under section 101(a)(15)(U), or is a quali-
fied 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’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of the enactment 
of this Act and shall apply regardless of whether the 
alien’s application was filed before, on, or after such date. 
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SEC. 233. CLARIFYING NONAPPLICATION OF CANCELLA-
TION CAP TO CANCELLATION OF REMOVAL. 
(a) IN GENERAL.—Section 240A(e)(3) of the Immigra-
tion and Nationality Act (8 U.S.C. 1229b(e)(3)) is amend-
ed by adding at the end the following new subparagraph: 
‘‘(C) Aliens with respect to their cancella-
tion of removal under subsection (b)(2).’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply to cancellations of removal oc-
curring on or after October 1, 2006. 
Subtitle D—Miscellaneous 
Additional Provisions 
SEC. 241. 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-
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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– 
2000, is amended by striking ‘‘204(a)(1)(H)’’ and insert-
ing ‘‘204(a)(1)(J)’’. 
(e) EFFECTIVE DATE.—The amendments made by 
this section shall take effect as if included in the enact-
ment of VAWA–2000. 
SEC. 
242. 
CONFORMING 
AMENDMENT 
CONFIRMING 
IIRAIRA’S GRANT OF PUBLIC AND ASSISTED 
HOUSING TO ALL QUALIFIED ALIENS, IN-
CLUDING BATTERED IMMIGRANTS. 
(a) IN GENERAL.—Section 214 of the Housing and 
Community Development Act of 1980 (42 U.S.C. 1436a) 
is amended— 
(1) in subsection (a)— 
(A) in paragraph (5), by striking ‘‘or’’ at 
the end; 
(B) by redesignating paragraph (7) as 
paragraph (8); and 
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(C) by inserting after paragraph (6) the 
following new paragraph: 
‘‘(7) a qualified alien described in section 
431 of the Personal Responsibility and Work 
Opportunity Reconciliation Act of 1996 (8 
U.S.C. 1641), or’’; and 
(2) in subsection (c)— 
(A) in paragraph (1)(A), by striking ‘‘(6)’’ 
and inserting ‘‘(7)’’; and 
(B) in paragraph (2)(A), in the matter 
preceding clause (i), by inserting ‘‘(other than 
a qualified alien described in section 431 of the 
Personal Responsibility and Work Opportunity 
Reconciliation Act of 1996 (8 U.S.C. 1641)’’ 
after ‘‘any alien’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this section apply to applications for public benefits and 
public benefits provided on or after the date of the enact-
ment of this Act without regard to whether regulations 
to carry out such amendments are implemented, as re-
quired under section 205(b). 
SEC. 243. MISCELLANEOUS TECHNICAL CORRECTIONS. 
(a) PUNCTUATION CORRECTION.—Effective as if in-
cluded in the enactment of section 5(c)(2) of VAWA– 
2000, section 237(a)(1)(H)(i)(II) of the Immigration and 
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Nationality Act (8 U.S.C. 1227(a)(1)(H)(i)(II)) is amend-
ed by striking the period at the end and inserting ‘‘; or’’. 
(b) TERMINOLOGY.—Effective as if included in the 
enactment of section 811 of VAWA–2005, section 
237(a)(1)(H)(ii) of the Immigration and Nationality Act 
(8 U.S.C. 1227(a)(1)(H)(ii)) is amended by striking ‘‘is 
an alien who qualifies for classification under clause (iii) 
or (iv) of section 204(a)(1)(A) or clause (ii) or (iii) of sec-
tion 204(a)(1)(B)’’ and inserting ‘‘is a VAWA petitioner’’. 
(c) CORRECTION OF DESIGNATION.—The last sen-
tence of section 212(a)(9)(C)(ii) of the Immigration and 
Nationality Act (8 U.S.C. 1182(a)(9)(C)(ii)), as added by 
section 1505(a) of VAWA–2000, is amended by striking 
‘‘section 212(a)(9)(C)(i)’’ and inserting ‘‘clause (i)’’. 
(d) ADDITIONAL TECHNICAL CORRECTION.—Section 
237(a)(7)(A)(i)(I) of the Immigration and Nationality Act 
(8 U.S.C. 1227(a)(7)(A)(i)(I)) is amended by striking ‘‘is 
self-defense’’ and inserting ‘‘in self-defense’’. 
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