277 
more grounds specified in subparagraphs (A) through (D) 
and may be amended at any time to change the ground 
or grounds for such relief without the application being 
resubmitted.’’. 
(b) 
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)’’. 
(c) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply to applications for relief pending 
or filed on or after April 10, 2003 . 
SEC. 813. ADJUSTMENT OF STATUS FOR VICTIMS OF TRAF-
FICKING. 
Section 245(l)(1)(A) of the Immigration and Nation-
ality Act (8 U.S.C. 1255(l)(1)(A)) is amended by striking 
‘‘for a continuous period of at least 3 years’’. 
PART 2—VAWA PETITIONERS 
SEC. 821. DEFINITION OF VAWA PETITIONER. 
(a) IN GENERAL.—Section 101(a) of the Immigra-
tion and Nationality Act (8 U.S.C. 1101(a)) is amended 
by adding at the end the following new paragraph: 
‘‘(51) The term ‘VAWA petitioner’ means an alien 
whose application or petition for classification or relief 
under any of the following provisions (whether as a prin-
278 
cipal or as a derivative) has been filed and has not been 
denied after exhaustion of administrative appeals: 
‘‘(A) Clause (iii), (iv), or (vii) of section 
204(a)(1)(A). 
‘‘(B) Clause (ii) or (iii) of section 204(a)(1)(B). 
‘‘(C) The first section of Public Law 89–732 
(commonly known as the Cuban Adjustment Act) as 
a child or spouse who has been battered or subjected 
to extreme cruelty. 
‘‘(D) Section 902(d)(1)(B) of the Haitian Ref-
ugee Immigration Fairness Act of 1998 (division A 
of section 101(h) of Public Law 105–277). 
‘‘(E) Section 202(d)(1) of the Nicaraguan Ad-
justment and Central American Relief Act (8 U.S.C. 
1255 note; Public Law 105–100). 
‘‘(F) Section 309(c)(5) of the Illegal Immigra-
tion Reform and Immigrant Responsibility Act of 
1996 (division C of Public Law 104–208; 8 U.S.C. 
1101 note).’’. 
(b) CONFORMING AMENDMENTS.— 
(1) Section 212(a)(6)(A)(ii)(I) of such Act (8 
U.S.C. 1182(a)(6)(A)(ii)(I)) is amended by striking 
‘‘qualifies for immigrant status under subparagraph 
(A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 
204(a)(1)’’ and inserting ‘‘is a VAWA petitioner’’.
279 
(2) Section 212(a)(9)(C)(ii) of such Act (8 
U.S.C. 1182(a)(9)(C)(ii)) is amended by striking ‘‘to 
whom the Attorney General has granted classifica-
tion under clause (iii), (iv), or (v) of section 
204(a)(1)(A), or classification under clause (ii), (iii), 
or (iv) of section 204(a)(1)(B)’’ and inserting ‘‘is a 
VAWA petitioner’’. 
(3) Subsections (h)(1)(C) and (g)(1)(C) of sec-
tion 212 (8 U.S.C. 1182) is amended by striking 
‘‘qualifies for classification under clause (iii) or (iv) 
of section 204(a)(1)(A) or classification under clause 
(ii) or (iii) of section 204(a)(1)(B)’’ and inserting 
‘‘is a VAWA petitioner’’. 
(4) Section 212(i)(1) of such Act (8 U.S.C. 
1182(i)(1)) is amended by striking ‘‘an alien granted 
classification under clause (iii) or (iv) of section 
201(a)(1)(A) or clause (ii) or (iii) of section 
204(a)(1)(B)’’ and inserting ‘‘a VAWA petitioner’’. 
(5) Section 237(a)(1)(H)(ii) of such 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 section 204(a)(1)(B)’’ and inserting ‘‘is a 
VAWA petitioner’’.
280 
(6) Section 240A(b)(4)(B) of such Act (8 
U.S.C. 1229b(b)(4)(B)) is amended by striking 
‘‘they were applications filed under section 204(a)(1) 
(A)(iii), (A)(iv), (B)(ii), or (B)(iii) of such Act’’ and 
inserting ‘‘the applicants were VAWA petitioners’’. 
(7) Section 245(a) of such Act (8 U.S.C. 
1255(a)) is amended by striking ‘‘under subpara-
graph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 
204(a)(1) or’’ and inserting ‘‘as a VAWA peti-
tioner’’. 
(8) Section 245(c) of such Act (8 U.S.C. 
1255(c)) is amended by striking ‘‘under subpara-
graph (A)(iii), (A)(iv), (A)(v), (A)(vi), (B)(ii), 
(B)(iii), or (B)(iv) of section 204(a)(1)’’ and insert-
ing ‘‘as a VAWA petitioner’’. 
SEC. 822. 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
281 
(B) by inserting after ‘‘domestic violence,’’ 
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,’’. 
(2) LAWFUL
PERMANENT
RESIDENT
PAR-
ENTS.— 
(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 after ‘‘domestic vio-
lence,’’ the following: ‘‘or who was a child 
of a lawful permanent resident 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 termi-
nated the parent-child relationship,’’. 
(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—
282 
(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: 
‘‘(aaa) whose spouse died within the past 
2 years;’’. 
(3) EFFECTIVE DATES.— 
(A) IN
GENERAL.—Subject to subpara-
graph (B), the amendment made by paragraphs 
(1) and (2) shall take effect on the date of the 
enactment of this Act. 
(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 
parent or lawful permanent resident parent died 
or whose parent-child relationship with such 
parent terminated during the period beginning 
on October 28, 1998, and ending on the date 
of the enactment of this Act, the following rules 
apply: 
(i) The reference to ‘‘within the past 
2 years’’ in section 204(a)(1)(A)(iv) or 
204(a)(1)(B)(iii), respectively, of the Im-
283 
migration and Nationality Act in the mat-
ter inserted by such paragraph is deemed 
to be a reference to such period. 
(ii) The petition must be filed under 
such section within 2 years after the date 
of the enactment of this Act (or, if later, 
2 years after the alien’s 18th birthday). 
(iii) 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 authorized under such 
section) shall be determined as of the date 
of the death of the citizen parent or lawful 
permanent resident parent or the termi-
nation of the parent-child relationship. 
(b) PROTECTING VICTIMS OF CHILD ABUSE FROM 
AGING OUT.— 
(1) CLARIFICATION REGARDING CONTINUATION 
OF IMMEDIATE RELATIVE STATUS FOR CHILDREN OF 
CITIZENS.—Section 204(a)(1)(D)(i)(I) of the Immi-
gration 
and 
Nationality 
Act 
(8 
U.S.C. 
1154(a)(1)(D)(i)(I)) is amended—
284 
(A) by striking ‘‘clause (iv) of section 
204(a)(1)(A)’’ and inserting ‘‘subparagraph 
(A)(iv)’’; and 
(B) by striking ‘‘a petitioner for preference 
status under paragraph (1), (2), or (3) of sec-
tion 203(a), whichever paragraph is applicable’’ 
and inserting ‘‘to continue to be treated as an 
immediate 
relative 
under 
section 
201(b)(2)(A)(i), or a petitioner for preference 
status under section 203(a)(3) if subsequently 
married,’’. 
(2) CLARIFICATION
REGARDING
APPLICATION 
TO
CHILDREN
OF
LAWFUL
PERMANENT
RESI-
DENTS.—Section 204(a)(1)(D) of such Act (8 
U.S.C. 1154(a)(1)(D)) is amended—— 
(A) in clause (i)(I)— 
(i) by inserting after the first sentence 
the following new sentence: ‘‘Any child who 
attains 21 years of age who has filed a pe-
tition under subparagraph (B)(iii) that was 
filed or approved before the date on which 
the child attained 21 year of age shall be 
considered (if the child has not been ad-
mitted or approved for lawful permanent 
residence by the date the child attained 21
285 
years of age) a petitioner for preference 
status under section 203(a)(2)(A), with the 
same priority date assigned to the self-peti-
tion filed under such subparagraph.’’; and 
(ii) in the last sentence, by inserting 
‘‘in either such case’’ after ‘‘shall be re-
quired to be filed’’; 
(B) in clause (i)(III), by striking ‘‘para-
graph (1), (2), or (3) of section 203(a)’’ and in-
serting ‘‘section 203(a)(2)(A)’’; and 
(C) in clause (ii), by striking ‘‘(A)(iii), 
(A)(iv),’’. 
(3) EFFECTIVE DATE.—The amendments made 
by this subsection shall apply to applications filed 
before, on, or after the date of the enactment of 
VAWA–2000. 
(c) CLARIFICATION OF NO SEPARATE ADJUSTMENT 
APPLICATION FOR DERIVATIVE CHILDREN.— 
(1) IN GENERAL.—Section 245(a) of the Immi-
gration and Nationality Act (8 U.S.C. 1255(a)) is 
amended by adding at the end the following: ‘‘In the 
case of a petition under clause (ii), (iii), or (iv) of 
section 204(a)(1)(A) that includes an individual as 
a derivative child of a principal alien, no adjustment 
application other than the adjustment application of
286 
the principal alien shall be required for adjustment 
of status of the individual under this subsection or 
subsection (c).’’. 
(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. 
(d) LATE
PETITION
PERMITTED
FOR
ADULTS 
ABUSED AS CHILDREN.— 
(1) IN GENERAL.—Section 204(a)(1)(D) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1154(a)(1)(D)), as amended by subsection (b)(1), is 
amended by adding at the end the following new 
clause: 
‘‘(v) In the case of an alien who qualified to petition 
under subparagraph (A)(iv) or (B)(iii) as of the date the 
individual attained 21 years of age, the alien may file a 
petition under such respective subparagraph notwith-
standing that the alien has attained such age or been mar-
ried so long as the petition is filed before the date the 
individual attains 30 years of age. In the case of such a 
petition, the alien shall remain eligible for adjustment of 
status as a child notwithstanding that the alien has at-
tained 21 years of age or has married, or both.’’.
287 
(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 individuals 
who attain 21 years of age on or after the date of 
the enactment of VAWA–2000. 
SEC. 823. SELF-PETITIONING PARENTS. 
(a) IN GENERAL.—Section 204(a)(1)(A) of the Im-
migration and Nationality Act (8 U.S.C. 1154(a)(1)(A)) 
is amended by adding at the end the following new clause: 
‘‘(vii) An alien who— 
‘‘(I) is the parent of a citizen of the United 
States or was a parent of a citizen of the United 
States who within the past 2 years lost or renounced 
citizenship status related to battering or extreme 
cruelty by the United States citizen son or daughter 
or who within the past two years died; 
‘‘(II) is a person of good moral character; 
‘‘(III) is eligible to be classified as an imme-
diate relative under section 201(b)(2)(A)(i); and 
‘‘(IV) resides, or has resided in the past, with 
the citizen daughter or son; 
may file a petition with the Secretary of Homeland Secu-
rity under this subparagraph for classification of the alien 
under such section if the alien demonstrates that the alien 
has been battered by or has been the subject of extreme
288 
cruelty perpetrated by the alien’s citizen son or daugh-
ter.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on the date of the enact-
ment of this Act. 
SEC. 824. 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’’; 
(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 (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 
(4) 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’’.
289 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect as if included in the enact-
ment of VAWA–2000. 
SEC. 825. RELIEF FOR CERTAIN VICTIMS PENDING AC-
TIONS ON PETITIONS AND APPLICATIONS 
FOR RELIEF. 
(a) VAWA PETITIONERS AND APPLICANTS FOR U 
AND T NONIMMIGRANT CLASSIFICATION.— 
(1) IN GENERAL.— Section 204(a)(1) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1154(a)(1)) is amended by adding at the end the 
following new subparagraph: 
‘‘(K)(i) In the case of an alien in the United States 
for whom a petition as a VAWA petitioner has been 
filed— 
‘‘(I) if the petition sets forth a prima facie case 
for approval, the alien shall not be removed, de-
tained, or deported, and such a petition shall be 
processed without regard to whether a proceeding to 
remove or deport such alien is brought or pending; 
and 
‘‘(II) if the petition is approved, the alien is eli-
gible for work authorization and shall be provided an 
‘employment authorized’ endorsement or other ap-
propriate work permit incidental to such approval.
290 
‘‘(ii) 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) 
of section 101(a)(15) has been filed— 
‘‘(I) if there is a bona fide determination that 
the application is approvable or the application is 
approved, the alien shall not be removed, detained, 
or deported; and 
‘‘(II) if the application is approved, the alien is 
eligible for work authorization and shall be provided 
an ‘employment authorized’ endorsement or other 
appropriate work permit incidental to such approval. 
‘‘(iii) In the case of an alien in the United States 
for whom an application for nonimmigrant status (wheth-
er as a principal or derivative child) under subparagraph 
(U) of section 101(a)(15) has been filed, if interim relief 
is granted on the application or the application is ap-
proved— 
‘‘(I) the alien shall not be removed, detained, or 
deported; and 
‘‘(II) the alien is eligible for work authorization 
and shall be provided an ‘employment authorized’ 
endorsement or other appropriate work permit inci-
dental to such relief or approval.’’.
291 
(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 petitions 
and applications filed before, on, or after such date. 
(b) APPLICANTS FOR CANCELLATION OF REMOVAL 
OR SUSPENSION OF DEPORTATION.— 
(1) IN GENERAL.—Section 240A(b)(2) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1229b(b)(2)) is amended by adding at the end the 
following new subparagraph: : 
‘‘(E) RELIEF WHILE APPLICATION PEND-
ING.—In the case of an alien who has applied 
for relief under this paragraph and whose appli-
cation sets forth a prima facie case for such re-
lief or who has filed an application for relief 
under section 244(a)(3) (as in effect on March 
31, 1997) that sets forth a prima facie case for 
such relief— 
‘‘(i) the alien shall not be removed, 
detained, or deported unless the applica-
tion is denied and all opportunities for ap-
peal of the denial have been exhausted; 
and 
‘‘(ii) such an application shall be proc-
essed without regard to whether a pro-
292 
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. 826. ACCESS TO VAWA PROTECTION REGARDLESS OF 
MANNER OF ENTRY. 
(a) FIANCEES.— 
(1) IN GENERAL.—Section 214(d) of the Immi-
gration and Nationality Act (8 U.S.C. 1184(d)) is 
amended by inserting before the period at the end 
the following: ‘‘, unless the alien is not eligible under 
section 204(c) to have a petition approved and is eli-
gible for status as a VAWA petitioner, for status as 
a nonimmigrant under subparagraph (T) or (U) of 
section 101(a)(15)(T), or for relief under section 
240A(b)(2) or under section 244(a)(3) (as in effect 
on March 31, 1997)’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall take effect on the date of the 
enactment of this Act and shall apply to aliens ad-
mitted before, on, or after such date. 
(b) SPOUSES WHO ARE CONDITIONAL PERMANENT 
RESIDENTS.—
293 
(1) IN GENERAL.—Section 245(d) of the Immi-
gration and Nationality Act (8 U.S.C. 1255(d)) is 
amended— 
(A) by inserting ‘‘(1)’’ after ‘‘(d)’’; and 
(B) by adding at the end the following new 
paragraph: 
‘‘(2) Paragraph (1) shall not apply to an alien who 
seeks adjustment of status on the basis of an approved 
petition for classification as a VAWA petitioner.’’. 
(2) CONFORMING CLARIFICATION IN CANCELLA-
TION OF REMOVAL.—Section 240A(b)(2)(A) of such 
Act (8 U.S.C. 1229b(b)(2)(A)) is amended, in the 
matter before clause (i), by inserting ‘‘, regardless of 
whether the alien has been admitted for permanent 
residence on a conditional basis under section 216,’’ 
before ‘‘if the alien demonstrates’’. 
(3) SUSPENSION OF DEPORTATION.—An alien 
may qualify for relief under section 244(a)(3) of the 
Immigration and Nationality Act (as in effect on 
March 31, 1997), regardless of whether the alien 
has been admitted for permanent residence on a con-
ditional basis under section 216 of such Act. 
(4) EFFECTIVE DATE.—The amendments made 
by this subsection, and the provisions of paragraph 
(3), shall take effect on the date of the enactment