316 
101(a)(15)(H) of the Immigration and Nationality Act be-
fore, on, or after such date. 
SEC. 845. GROUNDS FOR HARDSHIP WAIVER FOR CONDI-
TIONAL PERMANENT RESIDENCE FOR IN-
TENDED SPOUSES. 
(a) IN GENERAL.—Section 216(c)(4) of the Immigra-
tion and Nationality Act (8 U.S.C. 1186a(c)(4)) is amend-
ed— 
(1) by striking ‘‘or’’ at the end of subparagraph 
(B); 
(2) by striking the period at the end of sub-
paragraph (C) and inserting ‘‘, or’’; and 
(3) by inserting after subparagraph (C) the fol-
lowing new subparagraph: 
‘‘(D) the alien meets the requirements 
under section 204(a)(1)(A)(iii)(II)(aa)(BB) and 
following the marriage ceremony has been bat-
tered by or was subject to extreme cruelty per-
petrated by his or her intended spouse and was 
not at fault in failing to meet the requirements 
of paragraph (1).’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall apply as if included in the enactment 
of VAWA–2000.
317 
SEC. 846. CANCELLATION OF REMOVAL. 
(a) CLARIFYING APPLICATION OF DOMESTIC VIO-
LENCE WAIVER AUTHORITY IN CANCELLATION OF RE-
MOVAL.— 
(1) IN GENERAL.—Section 240A(b) of the Im-
migration and Nationality Act (8 U.S.C. 1229b(b)) 
is amended— 
(A) in paragraph (1)(C), by striking ‘‘(ex-
cept in a case described in section 237(a)(7) 
where the Attorney General exercises discretion 
to grant a waiver)’’ and inserting ‘‘, subject to 
paragraph (5)’’; 
(B) in paragraph (2)(A), by amending 
clause (iv) to read as follows: 
‘‘(iv) subject to paragraph (5), the 
alien is not inadmissible under section 
212(a)(2) or removable under section 
237(a)(2) or 237(a)(3); and ’’; and 
(C) by adding at the end the following new 
paragraph: 
‘‘(5) APPLICATION
OF
DOMESTIC
VIOLENCE 
WAIVER
AUTHORITY.—Paragraphs 
(1)(C) 
and 
(2)(A)(iv) shall not apply with respect to an offense 
described in clause (i) or (ii) of section 237(a)(2)(E) 
in the case described in section 237(a)(7)(A).’’.
318 
(2) EFFECTIVE DATE.—The amendments made 
by paragraph (1) shall apply as if included in the 
enactment of section 1504(a) of VAWA–2000. 
(b) CLARIFYING NONAPPLICATION
OF CANCELLA-
TION CAP.— 
(1) IN GENERAL.—Section 240A(e)(3) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1229b(e)(3)) is amended by adding at the end the 
following new subparagraph: 
‘‘(C) Aliens with respect to their cancella-
tion of removal under subsection (b)(2).’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall apply to cancellations of re-
moval occurring on or after October 1, 2004. 
SEC. 847. MOTIONS TO REOPEN. 
(a) REMOVAL PROCEEDINGS.— 
(1) IN GENERAL.—Section 240(c)(7) of the Im-
migration 
and 
Nationality 
Act 
(8 
U.S.C. 
1230(c)(7)), as redesignated by section 101(d)(1) of 
the REAL ID Act of 2005 (Division B of Public 
Law 109–13), is amended— 
(A) in subparagraph (A), by inserting ‘‘, 
except that this limitation shall not apply so as 
to prevent the filing of one motion to reopen de-
319 
scribed in clause (iv)’’ before the period at the 
end; 
(B) in subparagraph (C)(iv), in the matter 
before subclause (I), by striking ‘‘The deadline 
specified in subsection (b)(5)(C) for filing a mo-
tion to reopen does not apply’’ and inserting 
‘‘Any limitation under this section on the dead-
lines for filing such motions shall not apply’’; 
and 
(C) in subparagraph (C)(iv), by adding 
after and below subclause (III) the following 
new sentence: 
‘‘The filing of a motion to reopen under 
this clause shall stay the removal of the 
alien pending final disposition of the mo-
tion including exhaustion of all appeals.’’. 
(2) EFFECTIVE DATE.—The amendments made 
by paragraph (1) shall take effect on the date of the 
enactment of this Act. 
(b) DEPORTATION PROCEEDINGS.— 
(1) IN
GENERAL.—Section 1506(c)(2)(A) of 
VAWA–2000 is amended— 
(A) in the matter before clause (i), by 
striking ‘‘Notwithstanding any limitation im-
posed by law on motions’’ inserting ‘‘Notwith-
320 
standing any limitation on the number of mo-
tions, or the deadlines for filing motions (in-
cluding the deadline specified in section 
242B(c)(3) of the Immigration and Nationality 
Act before the title III–A effective date),’’; 
(B) in the matter before clause (i), by 
striking ‘‘there is no time limit on the filing of 
a motion’’ and all that follows through ‘‘does 
not apply’’ and inserting ‘‘such limitations shall 
not apply to the filing of a single motion under 
this subparagraph to reopen such proceedings’’; 
and 
(C) by adding at the end the following: 
‘‘The filing of a motion under this subpara-
graph shall stay the removal of the alien pend-
ing a final disposition of the motion including 
the exhaustion of all appeals.’’. 
(2) EFFECTIVE DATE.—The amendments made 
by paragraph (1) shall take effect on the date of the 
enactment of this Act . 
SEC. 848. REMOVAL PROCEEDINGS. 
(a) EXCEPTION TO REINSTATEMENT OF REMOVAL.— 
(1) IN GENERAL.—Section 241(a)(5) of the Im-
migration and Nationality Act (8 U.S.C. 1251(a)(5)) 
is amended by adding at the end the following: ‘‘The
321 
provisions of this paragraph shall not apply to an 
alien who, before reinstatement of the removal order, 
sought relief as a VAWA petitioner, applied for sta-
tus as a nonimmigrant under subparagraph (T) or 
(U) of section 101(a)(15), or applied for relief under 
section 240A(b)(2)or 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. 
(b) TREATMENT OF BATTERY OR EXTREME CRU-
ELTY AS EXCEPTIONAL CIRCUMSTANCES.— 
(1) IN GENERAL.—Section 240(e)(1) of such 
Act (8 U.S.C. 1230(e)(1)) is amended by inserting 
‘‘battery or extreme cruelty of the alien or any child 
or parent of the alien or’’ after ‘‘exceptional cir-
cumstances (such as’’. 
(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 a failure to 
appear that occurs before, on, or after such date.
322 
SEC. 849. CONFORMING RELIEF IN SUSPENSION OF DEPOR-
TATION PARALLEL TO THE RELIEF AVAIL-
ABLE IN VAWA–2000 CANCELLATION FOR 
BIGAMY. 
Section 244(a)(3) of the Immigration and Nationality 
Act (as in effect before the title III–A effective date in 
section 309 of the Illegal Immigration Reform and Immi-
grant Responsibility Act of 1996) shall be applied as if 
‘‘or by a United States citizen or lawful permanent resi-
dent whom the alien intended to marry, but whose mar-
riage is not legitimate because of that United States citi-
zen’s or permanent resident’s bigamy’’ were inserted after 
‘‘by a spouse or parent who is a United States citizen or 
lawful permanent resident’’. 
SEC. 850. CORRECTION OF CROSS-REFERENCE TO CRED-
IBLE EVIDENCE PROVISIONS. 
(a) CUBAN ADJUSTMENT PROVISION.—The last sen-
tence of the first section of Public Law 89–732 (November 
2, 1966; 8 U.S.C. 1255 note), as amended by section 
1509(a) of VAWA–2000, is amended by striking 
‘‘204(a)(1)(H)’’ and inserting ‘‘204(a)(1)(J)’’. 
(b) NACARA.—Section 202(d)(3) of the Nicaraguan 
Adjustment and Central American Relief Act (8 U.S.C. 
1255 note; Public Law 105–100), as amended by section 
1510(a)(2) of VAWA–2000, is amended by striking 
‘‘204(a)(1)(H)’’ and inserting ‘‘204(a)(1)(J)’’.
323 
(c) IIARAIRA.—Section 309(c)(5)(C)(iii) of the Ille-
gal Immigration and Reform and Immigrant Responsi-
bility Act of 1996 (division C of Public Law 104–208; 8 
U.S.C. 1101 note), as amended by section 1510(b)(2) of 
VAWA–2000, is amended by striking ‘‘204(a)(1)(H)’’ and 
inserting ‘‘204(a)(1)(J)’’. 
(d) HRIFA.—Section 902(d)(1)(B)(iii) of the Hai-
tian Refugee Immigration Fairness Act of 1998 (division 
A of section 101(h) of Public Law 105–277; 112 Stat. 
2681–538), as amended by section 1511(a) of VAWA– 
2000, is amended by striking ‘‘204(a)(1)(H)’’ and insert-
ing ‘‘204(a)(1)(J)’’. 
(e) EFFECTIVE DATE.—The amendments made by 
this section shall take effect as if included in the enact-
ment of VAWA–2000. 
SEC. 851. TECHNICAL CORRECTIONS. 
(a) TECHNICAL CORRECTIONS TO REFERENCES IN 
APPLICATION
OF SPECIAL PHYSICAL PRESENCE
AND 
GOOD MORAL CHARACTER RULES.— 
(1) 
PHYSICAL
PRESENCE
RULES.—Section 
240A(b)(2)(B) of the Immigration and Nationality 
Act (8 U.S.C. 1229b(b)(2)(B)) is amended— 
(A) in the first sentence, by striking 
‘‘(A)(i)(II)’’ and inserting ‘‘(A)(ii)’’; and
324 
(B) in the fourth sentence, by striking 
‘‘section 240A(b)(2)(B)’’ and inserting ‘‘this 
subparagraph, subparagraph (A)(ii),’’. 
(2) 
MORAL
CHARACTER
RULES.—Section 
240A(b)(2)(C) 
of 
such 
Act 
(8 
U.S.C. 
1229b(b)(2)(C)) 
is 
amended 
by 
striking 
‘‘(A)(i)(III)’’ and inserting ‘‘(A)(iii)’’. 
(3) EFFECTIVE DATE.—The amendments made 
by this subsection shall be effective as if included in 
the enactment of section 1504(a) of VAWA (114 
Stat. 1522). 
(b) CORRECTION OF CROSS-REFERENCE ERROR IN 
APPLYING GOOD MORAL CHARACTER.— 
(1) IN GENERAL.—Section 101(f)(3) of the Im-
migration and Nationality Act (8 U.S.C. 1101(f)(3)) 
is amended by striking ‘‘(9)(A)’’ and inserting 
‘‘(10)(A)’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall be effective as if included in 
the enactment of the Illegal Immigration Reform 
and Immigrant Responsibility Act of 1996 (Public 
Law 104–208). 
(c) PUNCTUATION CORRECTION.—Effective as if in-
cluded in the enactment of section 5(c)(2) of VAWA– 
2000, section 237(a)(1)(H)(ii) of such Act (8 U.S.C.
325 
1227(a)(1)(H)(ii)) is amended by striking the period at 
the end and inserting ‘‘; or’’. 
(d) CORRECTION OF DESIGNATION AND INDENTA-
TION.—The last sentence of section 212(a)(9)(C)(ii) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1182(a)(9)(C)(ii)), as added by section 1505(a) of 
VAWA–2000, is amended— 
(1) by striking ‘‘section 212(a)(9)(C)(i)’’ and 
inserting ‘‘clause (i)’’; 
(2) by redesignating paragraphs (1) and (2), 
and subparagraphs (A) through (D) of paragraph 
(2), as subclauses (I) and (II), and items (aa) 
through (dd) of subclause (II), respectively; and 
(3) by moving the margins of each of such 
paragraphs and subparagraphs 6 ems to the right. 
(e) ADDITIONAL TECHNICAL CORRECTION.—Section 
245(l)(2)(B) of such Act (8 U.S.C. 1255(l)(2)(B)) is 
amended by striking ‘‘(10(E))’’ and inserting ‘‘(10)(E))’’. 
Subtitle B—Additional Protections 
PART 1—ENSURING CRIME VICTIM ACCESS TO 
LEGAL SERVICES 
SEC. 861. ENSURING CRIME VICTIM ACCESS TO LEGAL 
SERVICES. 
(a) IN GENERAL.—Section 502 of the Departments 
of Commerce, Justice, and State, the Judiciary, and Re-
326 
lated Agencies Appropriations Act, 1998 (Public Law 
105–119; 111 Stat. 2510) is amended— 
(1) by amending subparagraph (C) of sub-
section (a) to read as follows: 
‘‘(C) subsection (a)(11) of such section 
504 shall not be construed to prohibit a recipi-
ent from using Corporation funds and funds de-
rived from a source other than the Corporation 
to provide legal assistance to— 
‘‘(i) an alien who has been battered or 
subjected to extreme cruelty or who has 
been a victim of sexual assault or a victim 
of trafficking in the United States; 
‘‘(ii) an alien whose child has been 
battered or subjected to extreme cruelty or 
has been a victim of sexual assault or a 
victim of trafficking in the United States, 
if the alien has not actively participated in 
the battery, extreme cruelty, sexual as-
sault, or trafficking; or 
‘‘(iii) an alien who qualifies (or whose 
child qualifies) for status under section 
101(a)(15)(U) of the Immigration and Na-
tionality Act (8 U.S.C. 1101(a)(15)(U)) .’’; 
and
327 
(2) by striking paragraph (2) of subsection (b) 
and inserting the following: 
‘‘(2) The term ‘victim of trafficking’ has the 
meaning given such term in section 103(14) of the 
Trafficking Victims Protection Act of 2000 (Public 
Law 106–286; 22 U.S.C. 7102(14)). ’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall apply to expenditures made on or after 
the date of the enactment of this Act with respect to ap-
propriations made for fiscal years beginning before, on, 
or after such date. 
(c) CONSTRUCTION.—Nothing in the amendments 
made by subsection (a) shall be construed to restrict the 
legal assistance provided to victims of severe forms of traf-
ficking and certain family members allowed under section 
107(b)(1) of the Trafficking Victims Protection Act of 
2000 (Public Law 106–286; 22 U.S.C. 7105(b)(1)). 
PART 2—ELIGIBILITY FOR CERTAIN PUBLIC BEN-
EFITS OF ALIENS SUFFERING FROM DOMES-
TIC ABUSE 
SEC. 871. ELIGIBILITY FOR CERTAIN PUBLIC BENEFITS OF 
ALIENS SUFFERING FROM DOMESTIC ABUSE. 
(a) EXEMPTION FROM SSI AND FOOD STAMPS 
BAN.—Section 402(a)(2) of the Personal Responsibility 
and Work Opportunity Reconciliation Act of 1996 (8
328 
U.S.C. 1612(a)(2)) is amended by adding at the end the 
following new subparagraph: 
‘‘(M) BATTERED
AND
CRIME
VICTIM 
ALIENS.—With respect to eligibility for benefits 
for a specified Federal program (as defined in 
paragraph (3)), paragraph (1) shall not apply 
to an alien who— 
‘‘(i) is described in section 431(c); 
‘‘(ii) is described in section 431(b) 
and also is described in section 431(c), 
other than paragraphs (1)(B), (2)(B), and 
(3)(B) of such section; or 
‘‘(iii) is described in a clause (i) or (ii) 
and was lawfully admitted as a permanent 
resident.’’. 
(b) EXEMPTION FROM TANF, SOCIAL SERVICES 
BLOCK GRANT, AND MEDICAID BAN.—Section 402(b)(2) 
of such Act (8 U.S.C. 1612(b)(2)) is amended by inserting 
after subparagraph (F) the following new subparagraph: 
‘‘(G) 
BATTERED
AND
CRIME
VICTIM 
ALIENS.—An alien who— 
‘‘(i) is described in section 431(c); 
‘‘(ii) is described in section 431(b) 
and also is described in section 431(c),