(i) in subparagraph (A), by striking 
‘‘Attorney General’’ and inserting ‘‘Sec-
retary of Homeland Security’’; 
(ii) in subparagraph (B), by striking 
‘‘Attorney General’’ the first place it ap-
pears and inserting ‘‘Secretary of Home-
land Security’’; and 
(iii) in subparagraph (B), by striking 
‘‘Attorney General, in the Attorney Gen-
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 (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) PETITIONING BY STATE AND LOCAL LAW 
ENFORCEMENT
OFFICIALS.—Section 107(c)(3) of 
the Trafficking Victims Protection Act of 2000 (Di-
vision A of Public Law 106–386; 22 U.S.C. 
7105(c)(3)) is amended by adding at the end the fol-
lowing: ‘‘State or local law enforcement officials may 
petition Federal law enforcement officials for the 
continued presence for trafficking victims. If such a 
petition contains a certification that a trafficking 
victim is a victim of a severe form of trafficking, the 
presence of the trafficking victim shall be permitted 
in accordance with this paragraph.’’. 
(g) EFFECTIVE DATES.—
(1) IN GENERAL.—The amendments made by 
subsections (a), (b), (c)(1), (d), and (e) 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 (c)(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 (f)(1) shall be effective as 
if included in the enactment of VAWA–2000. 
(B) The amendments made by subsection (f)(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). 
(C) The amendment made by subsection (f)(3) 
shall be effective as if included in the enactment of
the Trafficking Victims Protection Reauthorization 
Act of 2003 (Public Law 108–193). 
SEC. 102. 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) 
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)’’. 
(c) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply to applications for relief pending 
or filed on or after April 10, 2003 .
SEC. 103. ADJUSTMENT OF STATUS FOR VICTIMS OF TRAF-
FICKING. 
Section 245(l)(1)(A) of the Immigration and Nation-
ality Act (8 U.S.C. 1255(l)(1)(A)) is amended by striking 
‘‘for a continuous period of at least 3 years’’. 
Subtitle B—VAWA Petitioners 
SEC. 111. 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) 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. 
‘‘(D) 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).
‘‘(E) Section 202(d)(1) of the Nicaraguan Ad-
justment and Central American Relief Act (8 U.S.C. 
1255 note; Public Law 105–100). 
‘‘(F) 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 
‘‘qualifies for classification under clause (iii) or (iv) 
of section 204(a)(1)(A) or classification under clause