‘‘(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.’’. 
(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-
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. 116. 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.— 
(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 
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 
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 asylum applications 
granted before, on, or after such date; and 
(B) section 209(b)(3)(C) of such Act, as so 
added, shall apply with respect to asylum appli-
cations 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) 
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 a nonimmigrant under subpara-