248 
(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 terminated 
the parent-child relationship (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 amend-
ed— 
(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 subparagraph 
(B), the amendment made by paragraphs (1) 
and (2) shall take effect on the date of the enact-
ment of this Act.
249 
(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 Immi-
gration and Nationality Act in the matter 
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)
250 
shall be determined as of the date of the 
death of the citizen parent or lawful perma-
nent resident parent or the termination 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— 
(A) by striking ‘‘clause (iv) of section 
204(a)(1)(A)’’ 
and 
inserting 
‘‘subparagraph 
(A)(iv)’’ each place it appears; and 
(B) by striking ‘‘a petitioner for preference 
status under paragraph (1), (2), or (3) of section 
203(a), whichever paragraph is applicable’’ and 
inserting ‘‘to continue to be treated as an imme-
diate 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 RESIDENTS.—Sec-
tion 
204(a)(1)(D) 
of 
such 
Act 
(8 
U.S.C. 
1154(a)(1)(D)) is amended—
251 
(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 peti-
tion 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 admit-
ted or approved for lawful permanent resi-
dence by the date the child attained 21 
years of age) a petitioner for preference sta-
tus 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 be-
252 
fore, 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 
the principal alien shall be required for adjustment of 
status of the individual under this subsection or sub-
section (c).’’. 
(2) EFFECTIVE DATE.—The amendment made by 
paragraph (1) shall take effect on the date of the en-
actment 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)), is amended by adding at the end the 
following new clause:
253 
‘‘(iv) 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 indi-
vidual attains 25 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 attained 21 
years of age or has married, or both.’’. 
(2) EFFECTIVE DATE.—The amendment made by 
paragraph (1) shall take effect on the date of the en-
actment 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. 913. SELF-PETITIONING PARENTS. 
(a) IN GENERAL.—Section 204(a)(1)(A) of the Immi-
gration 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 cru-
254 
elty 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 immediate 
relative under section 201(b)(2)(A)(i) by virtue of the 
alien’s relationship to the son or daughter referred to 
in subclause (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 cru-
elty perpetrated by the alien’s citizen son or daughter.’’. 
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect on the date of the enactment 
of this Act. 
SEC. 914. PROMOTING CONSISTENCY IN VAWA ADJUDICA-
TIONS. 
(a) IN GENERAL.—Section 204(a)(1) of the Immigra-
tion and Nationality Act (8 U.S.C. 1154(a)(1)) is amend-
ed— 
(1) in subparagraph (A)(iii)(II)(aa)(CC)(bbb), 
by striking ‘‘an incident of domestic violence’’ and in-
255 
serting ‘‘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)(bbb), as 
redesignated by section 912(a)(2)(B)(i), by striking 
‘‘due to an incident of domestic violence’’ and insert-
ing ‘‘related to battering or extreme cruelty by the 
lawful permanent resident spouse’’; and 
(4) in subparagraph (B)(iii), by striking ‘‘due to 
an incident of domestic violence’’ and inserting ‘‘re-
lated to battering or extreme cruelty by such parent’’. 
(b) EFFECTIVE DATE.—The amendments made by sub-
section (a) shall take effect as if included in the enactment 
of VAWA–2000. 
SEC. 915. RELIEF FOR CERTAIN VICTIMS PENDING ACTIONS 
ON PETITIONS AND APPLICATIONS FOR RE-
LIEF. 
(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:
256 
‘‘(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, 
the Secretary of Homeland Security, in the Secretary’s sole 
unreviewable discretion, may grant the alien deferred ac-
tion until the petition is approved or the petition is denied 
after exhaustion of administrative appeals. In the case of 
the approval of such petition, such deferred action may be 
extended until a final determination is made on an appli-
cation 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 Secretary 
of Homeland Security, in the Secretary’s sole unreviewable 
discretion, may grant the alien deferred action until the 
application is approved or the application is denied after 
exhaustion of administrative appeals. 
‘‘(3) During a period in which an alien is provided 
deferred action under this subsection, the alien shall not be 
removed or deported. ’’. 
(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:
257 
‘‘(f) LIMITATION ON DETENTION OF CERTAIN VICTIMS 
OF VIOLENCE.—(1) An alien for whom a petition as a 
VAWA petitioner has been approved or for whom an appli-
cation for nonimmigrant status (whether as a principal or 
derivative child) under subparagraph (T) or (U) of section 
101(a)(15) has been approved, subject to paragraph (2), the 
alien shall not be detained if the only basis for detention 
is a ground for which— 
‘‘(A) a waiver is provided under section 212(h), 
212(d)(13), 212(d)(14), 237(a)(7), or 237(a)(2)(a)(V); 
or 
‘‘(B) there is an exception under section 
204(a)(1)(C). 
‘‘(2) Paragraph (1) shall not apply in the case of de-
tention that is required under subsection (c) or section 
236A.’’. 
(3) EMPLOYMENT AUTHORIZATION.— 
(A) 
FOR
VAWA
PETITIONERS.—Section 
204(a)(1) of such Act (8 U.S.C. 1154(a)(1)) is 
amended by adding at the end the following: 
‘‘(K)(i) In the case of an alien for whom a petition 
as a VAWA petitioner is approved, the alien is eligible for 
work authorization and shall be provided an ‘employment 
authorized’ endorsement or other appropriate work per-
mit.’’.
258 
(B) 
FOR
ALIENS
WITH
APPROVED
T 
VISAS.—Section 214(o) of such Act (8 U.S.C. 
1184(o)), as amended by section 901(b)(2), is 
amended by adding at the end the following new 
paragraph: 
‘‘(8) In the case of an alien for whom an application 
for nonimmigrant status (whether as a principal or deriva-
tive) under section 101(a)(15)(T) has been approved, the 
alien is eligible for work authorization and shall be pro-
vided an ‘employment authorized’ endorsement or other ap-
propriate work permit.’’. 
(4) PROCESSING
OF
APPLICATIONS.—Section 
204(a)(1)(K) of the Immigration and Nationality Act 
(8 U.S.C. 1154(a)(1)(K)), as added by paragraph 
(3)(A), is amended by adding at the end the fol-
lowing: 
‘‘(ii) 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.’’. 
(5) 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) APPLICANTS FOR CANCELLATION OF REMOVAL OR 
SUSPENSION OF DEPORTATION.—
259 
(1) IN GENERAL.—Section 240A(b)(2) of the Im-
migration 
and 
Nationality 
Act 
(8 
U.S.C. 
1229b(b)(2)) is amended by adding at the end the fol-
lowing 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 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 en-
actment of this Act and shall apply to applications 
filed before, on, or after such date.
260 
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-
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 following 
new subitem: 
‘‘(DD) who 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 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 sec-
tion;’’; 
(C) in subclause (II)(cc), by striking ‘‘or 
who’’ and inserting ‘‘, who’’ and by inserting be-
261 
fore 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 intent 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 ac-
cord status under such section’’. 
(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
262 
(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 peti-
tion for classification as a VAWA petitioner.’’. 
(2) CONFORMING APPLICATION IN CANCELLATION 
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 subclause 
(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 cru-
elty 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
263 
245(d)(1) of such Act (8 U.S.C. 1255(d)(1)), as des-
ignated by paragraph (1)(A), is amended by inserting 
‘‘who 
is 
not 
described 
in 
section 
204(a)(1)(A)(iii)(II)(aa)(DD)’’ after ‘‘alien described 
in section 101(a)(15)(K)’’. 
(4) APPLICATION UNDER SUSPENSION OF DEPOR-
TATION.—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 sus-
pension of deportation filed before, on, or after such 
date. 
(c) INFORMATION ON CERTAIN CONVICTIONS AND LIMI-
TATION
ON
PETITIONS
FOR
K NONIMMIGRANT
PETI-
TIONERS.—Section 214(d) of the Immigration and Nation-
ality 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 fol-
lowing: ‘‘Such information shall include information
264 
on any criminal convictions of the petitioner for do-
mestic violence, sexual assault, or child abuse.’’; and 
(3) by adding at the end the following: 
‘‘(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 pend-
ing petition, petitioned under paragraph (1) with re-
spect 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
265 
‘‘(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 
‘‘(B) the terms ‘domestic violence’ and ‘sexual as-
sault’ have the meaning given such terms in section 
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 APPLICANTS 
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 asy-
lum application was granted and who was battered 
or was the subject of extreme cruelty perpetrated 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 cru-
elty), or 
‘‘(C) was the child of a refugee within the mean-
ing of section 101(a)(42)(A) at the time of the filing 
of the asylum application and who was battered or
266 
was the subject of extreme cruelty perpetrated 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 Immigration 
and Nationality Act, as added by paragraph 
(1)(B), shall apply to spouses of refugees for 
whom an asylum application is 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 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 petitioner, 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 en-
actment of this Act and shall apply to waivers pro-
vided under section 217(b)(2) of the Immigration and
267 
Nationality Act before, on, or after such date as if it 
had been included in such waivers. 
(f) EXCEPTION FROM FOREIGN RESIDENCE REQUIRE-
MENT 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 en-
actment of this Act and shall apply to aliens regard-
less of whether the foreign residence requirement 
under section 212(e) of the Immigration and Nation-
ality Act arises out of an admission or acquisition 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 APPLICA-
TIONS FOR ADJUSTMENTS OF STATUS. 
(a) APPLICATION OF MOTIONS TO REOPEN FOR ALL 
VAWA PETITIONERS.—Section 240(c)(7)(C)(iv) of the Im-
migration 
and 
Nationality 
Act 
(8 
U.S.C. 
1230(c)(7)(C)(iv)), as redesignated by section 101(d)(1) of
268 
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
269 
(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 Nica-
raguan Adjustment and Central American Relief 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), ap-
plies for such adjustment during the 18-month period 
beginning on the date of enactment of the Violence 
Against Women Act of 2005’’ . 
(d) PETITIONING
RIGHTS
OF
CERTAIN
FORMER 
SPOUSES UNDER CUBAN ADJUSTMENT.—The first section 
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 on which the Cuban alien 
dies (or, if later, 2 years after the date of enactment of Vio-
270 
lence 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 demonstrates 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 ad-
justed to that of an alien lawfully admitted for per-
manent residence’’ and inserting ‘‘who is or was eligi-
ble for classification’’; and 
(2) in clause (ii), by striking ‘‘whose status is 
adjusted to that of an alien lawfully admitted for per-
manent residence’’ and inserting ‘‘who is or was eligi-
ble 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 (divi-
sion C of Public Law 104–208; 8 U.S.C. 1101 note), as 
amended by section 203(a) of the Nicaraguan Adjustment
271 
and Central American Relief Act (8 U.S.C. 1255 note; Pub-
lic 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: 
‘‘(2) There shall be no limitation on a motion to reopen 
removal or deportation proceedings in the case of an alien
272 
who is described in subclause (VI) or (VII) of subsection 
(c)(5)(C)(i). Motions to reopen removal or deportation pro-
ceedings in the case of such an alien shall be handled under 
the procedures that apply to aliens seeking relief under sec-
tion 204(a)(1)(A)(iii) of the Immigration and Nationality 
Act.’’. 
(g) LIMITATION ON PETITIONING FOR ABUSER.—Sec-
tion 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 following new subpara-
graph: 
‘‘(L) Notwithstanding the previous provisions of this 
paragraph, an individual who was a VAWA petitioner or 
who had the status of a nonimmigrant under subparagraph 
(T) or (U) of section 101(a)(15) may not file a petition 
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 individual’s 
child) which established the individual’s (or individual’s 
child’s) eligibility as a VAWA petitioner or for such non-
immigrant status.’’. 
(h) EFFECTIVE DATE.—Except as otherwise provided 
in this section, the amendments made by this section shall 
take effect on the date of the enactment of this Act.
273 
SEC. 918. PAROLE FOR VAWA PETITIONERS AND FOR DE-
RIVATIVES OF TRAFFICKING VICTIMS. 
(a) IN GENERAL.—Section 240A(b)(4) of the Immigra-
tion and Nationality Act (8 U.S.C. 1229b(b)(4)) is amend-
ed— 
(1) in the heading, by striking ‘‘CHILDREN OF 
BATTERED
ALIENS’’ 
and 
inserting 
‘‘BATTERED 
ALIENS, CHILDREN OF BATTERED ALIENS, AND DERIV-
ATIVE FAMILY MEMBERS OF TRAFFICKING VICTIMS,’’; 
(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 battered 
or subjected to extreme cruelty by a 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 battered 
or subjected to extreme cruelty by a lawful 
permanent resident spouse or parent, who is 
admissible and would be eligible for an im-
274 
migrant visa but for the fact that an immi-
grant visa is not immediately available to 
the alien, and who filed a petition for clas-
sification under section 204(a)(1)(B), if at 
least 3 years has elapsed since the peti-
tioner’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)’’; 
(B) in the second sentence, by striking ‘‘cov-
ered under this paragraph’’ and inserting ‘‘cov-
ered 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
275 
time the application for adjustment of status 
filed by aliens covered under such subparagraphs 
has been finally adjudicated. Applications 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 de-
termination of the Secretary of State described 
in such subparagraph to the time the application 
for status under section 101(a)(15)(T)(ii) has 
been finally adjudicated. Failure by such an 
alien to exercise due diligence in filing a visa pe-
tition on the alien’s behalf may result in revoca-
tion 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).’’.
276 
(c) EFFECTIVE DATE.—The amendments made by this 
section shall take effect on the date of the enactment of this 
Act. 
SEC. 919. EXEMPTION OF VICTIMS OF DOMESTIC VIOLENCE, 
SEXUAL ASSAULT AND TRAFFICKING FROM 
SANCTIONS FOR FAILURE TO DEPART VOLUN-
TARILY. 
(a) IN GENERAL.—Section 240B(d) of the Immigra-
tion and Nationality Act (8 U.S.C. 1229c(d)) is amended— 
(1) by striking ‘‘If’’ and inserting ‘‘(1) Subject 
to paragraph (2), if’’; and 
(2) by adding at the end the following new para-
graph: 
‘‘(2) The ineligibility for relief under paragraph (1) 
shall not apply to an alien who is a VAWA petitioner, who 
is seeking status as a nonimmigrant under subparagraph 
(T) or (U) of section 101(a)(15), or who is an applicant 
for relief under section 240A(b)(2) or under section 
244(a)(3) (as in effect on March 31, 1997), if there is a 
connection between the failure to voluntarily depart and the 
battery or extreme cruelty, trafficking, or criminal activity, 
referred to in the respective provision.’’. 
(b) EFFECTIVE DATE.—The amendments made by sub-
section (a) shall apply as if included in the enactment of 
the Immigration Reform and Immigrant Responsibility Act
277 
of 1996 (division C of Public Law 104–208) and shall 
apply to failures to depart voluntarily occurring before, on, 
or after the date of the enactment of this Act. 
SEC. 920. CLARIFICATION OF ACCESS TO NATURALIZATION 
FOR VICTIMS OF DOMESTIC VIOLENCE. 
(a) IN GENERAL.—Section 319(a) of the Immigration 
and Nationality Act (8 U.S.C. 1430(a)) is amended by in-
serting after ‘‘extreme cruelty by a United States citizen 
spouse or parent’’ the following: ‘‘, regardless of whether the 
lawful permanent resident status was obtained 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 
as they apply in acting on petitions referred to in such sec-
tion.’’ 
(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 naturalization filed 
before, on, or after the date of the enactment of this Act.
278 
SEC. 921. PROHIBITION OF ADVERSE DETERMINATIONS OF 
ADMISSIBILITY OR DEPORTABILITY BASED 
ON PROTECTED INFORMATION. 
(a) APPLICATION OF RESTRICTIONS ON ADDITIONAL 
DEPARTMENTS.—Section 384 of the Illegal Immigration 
Reform and Immigrant Responsibility Act of 1996 (divi-
sion C of Public Law 104–208; 8 U.S.C. 1367) is amend-
ed— 
(1) in subsection (a), as amended by section 
1513(d) of VAWA–2000— 
(A) in the matter before paragraph (1), by 
striking ‘‘(including any bureau or agency of 
such Department)’’ and inserting ‘‘, or the Sec-
retary of Homeland Security, the Secretary of 
State, the Secretary of Health and Human Serv-
ices, or the Secretary of Labor or any other offi-
cial or employee of the Department of Homeland 
Security, the Department of State, the Depart-
ment of Health and Human Services, or the De-
partment of Labor (including any bureau or 
agency of any such Department)’’; and 
(B) in paragraph (2), by striking ‘‘of the 
Department,’’ and inserting ‘‘of any such De-
partment,’’; and 
(2) in subsection (b)—
279 
(A) in paragraphs (1), by striking ‘‘The At-
torney General may provide, in the Attorney 
General’s discretion’’ and inserting ‘‘The Attor-
ney General, Secretary of Homeland Security, 
Secretary of State, Secretary of Health and 
Human Services, and Secretary of Labor may 
provide, in each’s discretion’’; 
(B) in paragraph (2), by striking ‘‘The At-
torney General may provide in the discretion of 
the Attorney General’’ and inserting ‘‘The Attor-
ney General, Secretary of Homeland Security, 
Secretary of State, Secretary of Health and 
Human Services, and the Secretary of Labor 
may provide, in each’s discretion’’; and 
(C) in paragraph (5), by striking ‘‘is au-
thorized to disclose’’ and inserting ‘‘, Secretary 
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) INCREASING SCOPE OF ALIENS AND INFORMATION 
PROTECTED.—Subsection (a) of such section is amended— 
(1) in paragraph (1)— 
(A) in the matter before subparagraph (A), 
by striking ‘‘furnished solely by’’ and inserting