H. R. 3244—63
amended by inserting ‘‘(except in a case described in section
237(a)(7) where the Attorney General exercises discretion to
grant a waiver)’’ after ‘‘237(a)(3)’’.
(c) MISREPRESENTATION WAIVERS FOR BATTERED SPOUSES OF
UNITED STATES CITIZENS AND LAWFUL PERMANENT RESIDENTS.—
(1) WAIVER OF INADMISSIBILITY.—Section 212(i)(1) of the
Immigration and Nationality Act (8 U.S.C. 1182(i)(1)) is
amended by inserting before the period at the end the following:
‘‘or, in the case of 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), the alien demonstrates extreme hardship to the
alien or the alien’s United States citizen, lawful permanent
resident, or qualified alien parent or child’’.
(2) WAIVER OF DEPORTABILITY.—Section 237(a)(1)(H) of the
Immigration and Nationality Act (8 U.S.C. 1227(a)(1)(H)) is
amended—
(A) in clause (i), by inserting ‘‘(I)’’ after ‘‘(i)’’;
(B) by redesignating clause (ii) as subclause (II); and
(C) by adding after clause (i) the following:
‘‘(ii) 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).’’.
(d) BATTERED IMMIGRANT WAIVER.—Section 212(g)(1) of the
Immigration and Nationality Act (8 U.S.C. 1182(g)(1)) is amended—
(1) in subparagraph (A), by striking ‘‘or’’ at the end;
(2) in subparagraph (B), by adding ‘‘or’’ at the end; and
(3) by inserting after subparagraph (B) the following:
‘‘(C) 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);’’.
(e) WAIVERS FOR VAWA ELIGIBLE BATTERED IMMIGRANTS.—
Section 212(h)(1) of the Immigration and Nationality Act (8 U.S.C.
1182(h)(1)) is amended—
(1) in subparagraph (B), by striking ‘‘and’’ and inserting
‘‘or’’; and
(2) by adding at the end the following:
‘‘(C) the alien 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’’.
(f ) PUBLIC CHARGE.—Section 212 of the Immigration and
Nationality Act (8 U.S.C. 1182) is amended by adding at the end
the following:
‘‘(p) In determining whether an alien described in subsection
(a)(4)(C)(i) is inadmissible under subsection (a)(4) or ineligible to
receive an immigrant visa or otherwise to adjust to the status
of permanent resident by reason of subsection (a)(4), the consular
officer or the Attorney General shall not consider any benefits
the alien may have received that were authorized under section
501 of the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 (8 U.S.C. 1641(c)).’’.
(g) REPORT.—Not later than 6 months after the date of the
enactment of this Act, the Attorney General shall submit a report
to the Committees on the Judiciary of the Senate and the House
of Representatives covering, with respect to fiscal year 1997 and
each fiscal year thereafter—
(1) the policy and procedures of the Immigration and Natu-
ralization Service under which an alien who has been battered
H. R. 3244—64
or subjected to extreme cruelty who is eligible for suspension
of deportation or cancellation of removal can request to be
placed, and be placed, in deportation or removal proceedings
so that such alien may apply for suspension of deportation
or cancellation of removal;
(2) the number of requests filed at each district office
under this policy;
(3) the number of these requests granted reported sepa-
rately for each district; and
(4) the average length of time at each Immigration and
Naturalization office between the date that an alien who has
been subject to battering or extreme cruelty eligible for suspen-
sion of deportation or cancellation of removal requests to be
placed in deportation or removal proceedings and the date
that the immigrant appears before an immigration judge to
file an application for suspension of deportation or cancellation
of removal.
SEC. 1506. RESTORING IMMIGRATION PROTECTIONS UNDER THE
VIOLENCE AGAINST WOMEN ACT OF 1994.
(a) REMOVING BARRIERS TO ADJUSTMENT OF STATUS FOR VIC-
TIMS OF DOMESTIC VIOLENCE.—
(1) 
IMMIGRATION
AMENDMENTS.—Section 
245 
of 
the
Immigration and Nationality Act (8 U.S.C. 1255) is amended—
(A) in subsection (a), by inserting ‘‘or the status of
any other alien having an approved petition for classifica-
tion under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii)
of section 204(a)(1) or’’ after ‘‘into the United States.’’;
and
(B) in subsection (c), by striking ‘‘Subsection (a) shall
not be applicable to’’ and inserting the following: ‘‘Other
than an alien having an approved petition for classification
under subparagraph (A)(iii), (A)(iv), (A)(v), (A)(vi), (B)(ii),
(B)(iii), or (B)(iv) of section 204(a)(1), subsection (a) shall
not be applicable to’’.
(2) EFFECTIVE DATE.—The amendments made by paragraph
(1) shall apply to applications for adjustment of status pending
on or made on or after January 14, 1998.
(b) REMOVING BARRIERS TO CANCELLATION OF REMOVAL AND
SUSPENSION
OF
DEPORTATION
FOR
VICTIMS
OF
DOMESTIC
VIOLENCE.—
(1) NOT
TREATING
SERVICE
OF
NOTICE
AS
TERMINATING
CONTINUOUS PERIOD.—Section 240A(d)(1) of the Immigration
and Nationality Act (8 U.S.C. 1229b(d)(1)) is amended by
striking ‘‘when the alien is served a notice to appear under
section 239(a) or’’ and inserting ‘‘(A) except in the case of
an alien who applies for cancellation of removal under sub-
section (b)(2), when the alien is served a notice to appear
under section 239(a), or (B)’’.
(2) EFFECTIVE DATE.—The amendment made by paragraph
(1) shall take effect as if included in the enactment of section
304 of the Illegal Immigration Reform and Immigrant Responsi-
bility Act of 1996 (Public Law 104–208; 110 Stat. 587).
(3) MODIFICATION OF CERTAIN TRANSITION RULES FOR BAT-
TERED SPOUSE OR CHILD.—Section 309(c)(5)(C) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1101 note) is amended—
H. R. 3244—65
(A) by striking the subparagraph heading and inserting
the following:
‘‘(C) SPECIAL RULE FOR CERTAIN ALIENS GRANTED TEM-
PORARY PROTECTION FROM DEPORTATION AND FOR BATTERED
SPOUSES AND CHILDREN.—’’; and
(B) in clause (i)—
(i) in subclause (IV), by striking ‘‘or’’ at the end;
(ii) in subclause (V), by striking the period at the
end and inserting ‘‘; or’’; and
(iii) by adding at the end the following:
‘‘(VI) is an alien who was issued an order
to show cause or was in deportation proceedings
before April 1, 1997, and who applied for suspen-
sion of deportation under section 244(a)(3) of the
Immigration and Nationality Act (as in effect
before the date of the enactment of this Act).’’.
(4) EFFECTIVE DATE.—The amendments made by paragraph
(3) shall take effect as if included in the enactment of section
309 of the Illegal Immigration Reform and Immigrant Responsi-
bility Act of 1996 (8 U.S.C. 1101 note).
(c) ELIMINATING TIME LIMITATIONS ON MOTIONS TO REOPEN
REMOVAL
AND
DEPORTATION
PROCEEDINGS
FOR
VICTIMS
OF
DOMESTIC VIOLENCE.—
(1) REMOVAL PROCEEDINGS.—
(A) IN GENERAL.—Section 240(c)(6)(C) of the Immigra-
tion and Nationality Act (8 U.S.C. 1229a(c)(6)(C)) is
amended by adding at the end the following:
‘‘(iv) SPECIAL RULE FOR BATTERED SPOUSES AND
CHILDREN.—The 
deadline 
specified 
in 
subsection
(b)(5)(C) for filing a motion to reopen does not apply—
‘‘(I) if the basis for the motion is to apply
for relief under clause (iii) or (iv) of section
204(a)(1)(A), 
clause 
(ii) 
or 
(iii) 
of 
section
204(a)(1)(B), or section 240A(b)(2);
‘‘(II) if the motion is accompanied by a can-
cellation of removal application to be filed with
the Attorney General or by a copy of the self-
petition that has been or will be filed with the
Immigration and Naturalization Service upon the
granting of the motion to reopen; and
‘‘(III) if the motion to reopen is filed within
1 year of the entry of the final order of removal,
except that the Attorney General may, in the
Attorney General’s discretion, waive this time
limitation in the case of an alien who demonstrates
extraordinary circumstances or extreme hardship
to the alien’s child.’’.
(B) EFFECTIVE
DATE.—The amendment made by
subparagraph (A) shall take effect as if included in the
enactment of section 304 of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1229–
1229c).
(2) DEPORTATION PROCEEDINGS.—
(A) IN
GENERAL.—Notwithstanding any limitation
imposed by law on motions to reopen or rescind deportation
proceedings under the Immigration and Nationality Act
(as in effect before the title III–A effective date in section
H. R. 3244—66
309 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1101 note)), there
is no time limit on the filing of a motion to reopen such
proceedings, and the deadline specified in section 242B(c)(3)
of the Immigration and Nationality Act (as so in effect)
(8 U.S.C. 1252b(c)(3)) does not apply—
(i) if the basis of the motion is to apply for relief
under clause (iii) or (iv) of section 204(a)(1)(A) of the
Immigration 
and 
Nationality 
Act 
(8 
U.S.C.
1154(a)(1)(A)), clause (ii) or (iii) of section 204(a)(1)(B)
of such Act (8 U.S.C. 1154(a)(1)(B)), or section 244(a)(3)
of such Act (as so in effect) (8 U.S.C. 1254(a)(3)); and
(ii) if the motion is accompanied by a suspension
of deportation application to be filed with the Attorney
General or by a copy of the self-petition that will
be filed with the Immigration and Naturalization
Service upon the granting of the motion to reopen.
(B) APPLICABILITY.—Subparagraph (A) shall apply to
motions filed by aliens who—
(i) are, or were, in deportation proceedings under
the Immigration and Nationality Act (as in effect before
the title III–A effective date in section 309 of the
Illegal Immigration Reform and Immigrant Responsi-
bility Act of 1996 (8 U.S.C. 1101 note)); and
(ii) have become eligible to apply for relief under
clause (iii) or (iv) of section 204(a)(1)(A) of the Immigra-
tion and Nationality Act (8 U.S.C. 1154(a)(1)(A)), clause
(ii) or (iii) of section 204(a)(1)(B) of such Act (8 U.S.C.
1154(a)(1)(B)), or section 244(a)(3) of such Act (as in
effect before the title III–A effective date in section
309 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1101 note)) as
a result of the amendments made by—
(I) subtitle G of title IV of the Violent Crime
Control and Law Enforcement Act of 1994 (Public
Law 103–322; 108 Stat. 1953 et seq.); or
(II) this title.
SEC. 1507. REMEDYING PROBLEMS WITH IMPLEMENTATION OF THE
IMMIGRATION PROVISIONS OF THE VIOLENCE AGAINST
WOMEN ACT OF 1994.
(a) EFFECT OF CHANGES IN ABUSERS’ CITIZENSHIP STATUS ON
SELF-PETITION.—
(1) 
RECLASSIFICATION.—Section 
204(a)(1)(A) 
of 
the
Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)) (as
amended by section 1503(b)(3) of this title) is amended by
adding at the end the following:
‘‘(vi) For the purposes of any petition filed under clause (iii)
or (iv), the denaturalization, loss or renunciation of citizenship,
death of the abuser, divorce, or changes to the abuser’s citizenship
status after filing of the petition shall not adversely affect the
approval of the petition, and for approved petitions shall not pre-
clude the classification of the eligible self-petitioning spouse or
child as an immediate relative or affect the alien’s ability to adjust
status under subsections (a) and (c) of section 245 or obtain status
as a lawful permanent resident based on the approved self-petition
under such clauses.’’.