260 
HR 3402 RFS 
eral’s discretion’’ and inserting ‘‘Secretary, 
in the Secretary’s discretion’’. 
(D) Section 101(i) of the Immigration and 
Nationality Act (8 U.S.C. 1101(i)) is amend-
ed— 
(i) in paragraph (1), by striking ‘‘At-
torney General’’ and inserting ‘‘Secretary 
of Homeland Security, the Attorney Gen-
eral,’’; and 
(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 (5); 
(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’’.
261 
HR 3402 RFS 
(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 that 
such Federal law enforcement officials permit the 
continued presence of trafficking victims. If such a 
request contains a certification that a trafficking vic-
tim is a victim of a severe form of trafficking, such 
Federal law enforcement officials may permit the 
continued presence of the trafficking victim in ac-
cordance 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
262 
HR 3402 RFS 
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. 
(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
263 
HR 3402 RFS 
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)’’. 
(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
264 
HR 3402 RFS 
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 
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
265 
HR 3402 RFS 
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.’’. 
(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.—
266 
HR 3402 RFS 
(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 
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).
267 
HR 3402 RFS 
‘‘(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. 
‘‘(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
268 
HR 3402 RFS 
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 
204(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)
269 
HR 3402 RFS 
(A)(iii), (A)(iv), (B)(ii), or (B)(iii)’’ 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’’. 
(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