248
(ii) in paragraph (2), by striking ‘‘At-
torney General’’ and inserting ‘‘Secretary 
of Homeland Security’’. 
(E) Section 245(l) of the Immigration and 
Nationality Act (8 U.S.C. 1255(l)) is amend-
ed—
(i) by striking ‘‘Attorney General’’ 
and inserting ‘‘Secretary of Homeland Se-
curity’’ the first place it appears in para-
graphs (1) and (2) and in paragraph (4); 
(ii) by striking ‘‘Attorney General’’ 
and inserting ‘‘Secretary ’’ the second 
place it appears in paragraphs (1) and (2); 
and 
(iii) in paragraph (2), by striking ‘‘At-
torney General’s’’ and inserting ‘‘Sec-
retary’s’’. 
(3) REQUEST BY STATE AND LOCAL LAW EN-
FORCEMENT OFFICIALS.—Section 107(c)(3) of the 
Trafficking Victims Protection Act of 2000 (division 
A of Public Law 106–386; 22 U.S.C. 7105(c)(3)) is 
amended by adding at the end the following: ‘‘State 
or local law enforcement officials may request such 
Federal law enforcement officials for the continued 
presence of trafficking victims. If such a request
249
contains a certification that a trafficking victim is a 
victim of a severe form of trafficking, such Federal 
law enforcement officials may permit the continued 
presence of the trafficking victim in accordance with 
this paragraph.’’. 
(e) EFFECTIVE DATES.—
(1) IN GENERAL.—The amendments made by 
subsections (a), (b)(1), (c), and (d)(3) shall take ef-
fect on the date of the enactment of this Act. 
(2) TRANSITION FOR DURATION OF T VISAS.—
In the case of an alien who is classified as a non-
immigrant under section 101(a)(15)(T) of the Immi-
gration 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(a)(15)(T)) before the the date of implementa-
tion of the amendment made by subsection (b)(2) 
and whose period of authorized stay was less than 
4 years, the authorized period of status of the alien 
as such a nonimmigrant shall be extended to be 4 
years and shall be further extended on a year-by-
year basis as provided in section 214(o)(7) of such 
Act, as added by such amendment. 
(3) CERTIFICATION PROCESS.—(A) The amend-
ments made by subsection (d)(1) shall be effective as 
if included in the enactment of VAWA–2000.
250
(B) The amendments made by subsection (d)(2) 
shall be effective as of the applicable date of transfer 
of authority from the Attorney General to the Sec-
retary of Homeland Security under the Homeland 
Security Act of 2002 (Public Law 107–296). 
SEC. 902. CLARIFICATION OF BASIS FOR RELIEF UNDER 
HARDSHIP WAIVERS FOR CONDITIONAL PER-
MANENT RESIDENCE. 
(a) IN GENERAL.—Section 216(c)(4) of the Immigra-
tion and Nationality Act (8 U.S.C. 1186a(c)(4)) is amend-
ed by adding at the end the following: ‘‘An application 
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 ground 
or grounds for such relief without the application being 
resubmitted.’’. 
(b) APPEALS.—Such section is further amended by 
adding at the end the following: ‘‘Such an application may 
not be considered if there is a final removal order in effect 
with respect to the alien.’’
(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)’’.
251
(d) EFFECTIVE DATES.—
(1) The amendment made by subsection (a) 
shall apply to applications for relief pending or filed 
on or after April 10, 2003. 
(2) The amendment made by subsection (b) 
shall apply to applications for relief filed on or after 
the date of the enactment of this Act. 
SEC. 903. ADJUSTMENT OF STATUS FOR VICTIMS OF TRAF-
FICKING. 
(a) REDUCTION IN REQUIRED PERIOD OF PRESENCE 
AUTHORIZED.—
(1) IN GENERAL.—Section 245(l) of the Immi-
gration and Nationality Act (8 U.S.C. 1255(l)) is 
amended—
(A) in paragraph (1)(A), by inserting 
‘‘subject to paragraph (6),’’ after ‘‘(A)’’; 
(B) in paragraph (1)(A), by inserting after 
‘‘since’’ the following: ‘‘the earlier of (i) the 
date the alien was granted continued presence 
under section 107(c)(3) of the Trafficking Vic-
tims Protection Act of 2000, or (ii)’’; and 
(C) by adding at the end the following new 
paragraph: 
‘‘(6) The Secretary of Homeland Security may waive 
or reduce the period of physical presence required under
252
paragraph (1)(A) for an alien’s adjustment of status 
under this subsection if a Federal, State, or local law en-
forcement official investigating or prosecuting trafficking 
described in section 101(a)(15)(T)(i) in relation to the 
alien or the alien’s spouse, child, parent, or sibling certifies 
that the official has no objection to such waiver or reduc-
tion.’’. 
(2) 
CONFORMING
AMENDMENT.—Section 
107(c) of the Trafficking Victims Protection Act of 
2000 (division A of Public Law 106–386; 22 U.S.C. 
7105(c)) is amended by adding at the end the fol-
lowing new paragraph: 
‘‘(5) CERTIFICATION
OF
NO
OBJECTION
FOR 
WAIVER OR REDUCTION OF PERIOD OF REQUIRED 
PHYSICAL
PRESENCE
FOR
ADJUSTMENT
OF
STA-
TUS.—In order for an alien to have the required pe-
riod of physical presence under paragraph (1)(A) of 
section 245(l) of the Immigration and Nationality 
Act waived or reduced under paragraph (6) of such 
section, a Federal, State, and local law enforcement 
official investigating or prosecuting trafficking de-
scribed in section 101(a)(15)(T)(i) in relation to the 
alien or the alien’s spouse, child, parent, or sibling 
may provide for a certification of having no objection 
to such waiver or reduction.’’.
253
(b) TREATMENT OF GOOD MORAL CHARACTER .—
Section 245(l) of the Immigration and Nationality Act (8 
U.S.C. 1255(l)), as amended by subsection (a)(1), is 
amended—
(1) in paragraph (1)(B), by inserting ‘‘subject 
to paragraph (7),’’ after ‘‘(B)’’; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(7) 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).’’. 
(c) ANNUAL REPORT ON TRAINING OF LAW EN-
FORCEMENT.—
(1) IN GENERAL.—Section 107(g) of the Traf-
ficking Victims Protection Act of 2000 (division A of 
Public Law 106–386; 22 U.S.C. 7105(g)) is amend-
ed by adding at the end the following: ‘‘Each such 
report shall also include statistics regarding the 
number of law enforcement officials who have been 
trained in the identification and protection of traf-
ficking victims and certification for assistance as
254
nonimmigrants under section 101(a)(15)(T) of such 
Act.’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall apply to annual reports be-
ginning with the report for fiscal year 2006. 
Subtitle B—VAWA Petitioners 
SEC. 911. 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-
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) Subparagraph (C) or (D) of section 
216(c)(4). 
‘‘(D) 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.
255
‘‘(E) 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). 
‘‘(F) Section 202(d)(1) of the Nicaraguan Ad-
justment and Central American Relief Act (8 U.S.C. 
1255 note; Public Law 105–100). 
‘‘(G) 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’’. 
(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
256
‘‘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’’. 
(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’’.
257
(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’’. 
(9) For additional conforming amendments to 
sections 212(a)(4)(C)(i) and 240(c)(7)(C)(iv)(I) of 
the Immigration and Nationality Act, see sections 
832(b)(2) and 817(a) of this Act. 
SEC. 912. 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 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 (as de-
fined under section 101(b)),’’.
258
(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 (as de-
fined 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:
259
‘‘(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-
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
260
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—
(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
261
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 
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’’;
262
(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 
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.
263
(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 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 at-
tained 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 
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.
264
SEC. 913. 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 
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.