282
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 or 
deported until the application has been ap-
proved or, in the case it is denied, until all 
opportunities for appeal 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. 916. ACCESS TO VAWA PROTECTION REGARDLESS OF 
MANNER OF ENTRY. 
(a) FIANCEES.—
(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-
283
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 
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.
284
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) 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.’’.
285
(2) CONFORMING APPLICATION IN CANCELLA-
TION
OF
REMOVAL.—Section 240A(b)(2)(A)(i) of 
such 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;’’. 
(3) EXCEPTION TO RESTRICTION ON ADJUST-
MENT OF STATUS.—The second sentence of section 
245(d)(1) of such Act (8 U.S.C. 1255(d)(1)), as des-
ignated by paragraph (1)(A), is amended by insert-
ing 
‘‘who 
is 
not 
described 
in 
section 
204(a)(1)(A)(iii)(II)(aa)(DD)’’ after ‘‘alien described 
in section 101(a)(15)(K)’’.
286
(4) 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. 
(5) EFFECTIVE DATE.—The amendments made 
by this subsection, and the provisions of paragraph 
(4), 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) INFORMATION ON CERTAIN CONVICTIONS AND 
LIMITATION ON PETITIONS FOR K NONIMMIGRANT PETI-
TIONERS.—Section 214(d) of the Immigration and Na-
tionality Act (8 U.S.C. 1184(d)) is amended—
(1) by striking ‘‘(d)’’ and inserting ‘‘(d)(1)’’; 
(2) by inserting after the second sentence the 
following: ‘‘Such information shall include informa-
tion on any criminal convictions of the petitioner for 
domestic violence, sexual assault, or child abuse.’’; 
and 
(3) by adding at the end the following:
287
‘‘(2)(A) Subject to subparagraph (B), a consular offi-
cer may not approve a petition under paragraph (1) unless 
the officer has verified that—
‘‘(i) the petitioner has not, previous to the 
pending petition, petitioned under paragraph (1) 
with respect to more than 2 applying aliens; and 
‘‘(ii) if the petitioner has had such a petition 
previously approved, 2 years have elapsed since the 
filing of such previously approved petition. 
‘‘(B) The Secretary of Homeland Security may, in 
the discretion of the Secretary, waive the limitation in sub-
paragraph (A), if justification exists for such a waiver. 
‘‘(3) For purposes of this subsection—
‘‘(A) the term ‘child abuse’ means a felony or 
misdemeanor crime, as defined by Federal or State 
law, committed by an offender who is a stranger to 
the victim, or committed by an offender who is 
known by, or related by blood or marriage to, the 
victim, against a victim who has not attained the 
lesser of—
‘‘(i) 18 years of age; or 
‘‘(ii) except in the case of sexual abuse, the 
age specified by the child protection law of the 
State in which the child resides; and
288
‘‘(B) the terms ‘domestic violence’ and ‘sexual 
assault’ have the meaning given such terms in sec-
tion 2003 of title I of the Omnibus Crime Control 
and Safe Streets Act of 1968 (42 U.S.C. 3796gg–
2).’’. 
(d) 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,’’.
289
(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. 
(e) 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
290
and Nationality Act before, on, or after such date as 
if it had been included in such waivers. 
(f) 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 a 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 
Act before, on, or after the date of the enactment 
of this Act. 
SEC. 917. ELIMINATING ABUSERS’ CONTROL OVER APPLI-
CATIONS FOR ADJUSTMENTS OF STATUS. 
(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.
291
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) 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
292
(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.—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—
(1) in subparagraph (B)(ii), by inserting ‘‘, or 
was eligible for adjustment,’’ after ‘‘whose status is 
adjusted’’; and 
(2) in subparagraph (E), by inserting after 
‘‘April 1, 2000’’ the following: ‘‘, or, in the case of 
an alien who qualifies under subparagraph (B)(ii), 
applies for such adjustment during the 18-month pe-
riod beginning on the date of enactment of the Vio-
lence Against Women Act of 2005’’ . 
(d) PETITIONING RIGHTS
OF CERTAIN FORMER 
SPOUSES UNDER CUBAN ADJUSTMENT.—The first sec-
tion of Public Law 89–732 (8 U.S.C. 1255 note) is 
amended 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
293
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.’’. 
(e) SELF-PETITIONING RIGHTS OF HRIFA APPLI-
CANTS.—Section 902(d)(1)(B) of the Haitian Refugee Im-
migration 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—
(1) 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’’; and 
(2) in clause (ii), 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’’. 
(f) SELF-PETITIONING RIGHTS UNDER SECTION 203 
OF NACARA.—Section 309 of the Illegal Immigration 
and Reform and Immigrant Responsibility Act of 1996
294
(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’’; 
(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:
295
‘‘(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) LIMITATION ON PETITIONING FOR ABUSER.—
Section 204(a)(1) of the Immigration and Nationality Act 
(8 
U.S.C. 
1154(a)(1)), 
as 
amended 
by 
section 
915(a)(3)(A), is amended by adding at the end the fol-
lowing new subparagraph: 
‘‘(L) Notwithstanding the previous provisions of this 
paragraph, an individual who was a VAWA petitioner or 
who had the status of a nonimmigrant under subpara-
graph (T) or (U) of section 101(a)(15) may not file a peti-
tion for classification under this section or section 214 to 
classify any person who committed the battery or extreme 
cruelty or trafficking against the individual (or the individ-
ual’s child) which established the individual’s (or individ-
ual’s child’s) eligibility as a VAWA petitioner or for such 
nonimmigrant status.’’.
296
(h) EFFECTIVE DATE.—Except as otherwise pro-
vided in this section, the amendments made by this section 
shall take effect on the date of the enactment of this Act. 
SEC. 918. 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 
United States citizen spouse, parent, or
297
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 whom the Secretary of 
State determines would, but for an applica-
tion 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)’’;
298
(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.