299
Failure by such an alien to exercise due dili-
gence in filing a visa petition on the alien’s be-
half may result in revocation of parole.’’. 
(b) CONFORMING REFERENCE.—Section 212(d)(5) 
of such Act (8 U.S.C. 1182(d)(5)) is amended by adding 
at the end the following new subparagraph: 
‘‘(C) Parole is provided for certain battered aliens, 
children of battered aliens, and parents of battered alien 
children under section 240A(b)(4).’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of the enactment 
of this Act. 
SEC. 919. EXEMPTION OF VICTIMS OF DOMESTIC VIO-
LENCE, SEXUAL ASSAULT AND TRAFFICKING 
FROM SANCTIONS FOR FAILURE TO DEPART 
VOLUNTARILY. 
(a) IN GENERAL.—Section 240B(d) of the Immigra-
tion and Nationality Act (8 U.S.C. 1229c(d)) is amend-
ed—
(1) by striking ‘‘If’’ and inserting ‘‘(1) Subject 
to paragraph (2), if’’; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(2) The ineligibility for relief under paragraph (1) 
shall not apply to an alien who is a VAWA petitioner, who
300
is seeking status as a nonimmigrant under subparagraph 
(T) or (U) of section 101(a)(15), or who is an applicant 
for relief under section 240A(b)(2) or under section 
244(a)(3) (as in effect on March 31, 1997), if there is 
a connection between the failure to voluntarily depart and 
the battery or extreme cruelty, trafficking, or criminal ac-
tivity, referred to in the respective provision.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall apply as if included in the enactment 
of the Immigration Reform and Immigrant Responsibility 
Act of 1996 (division C of Public Law 104–208) and shall 
apply to failures to depart voluntarily occurring before, on, 
or after the date of the enactment of this Act. 
SEC. 920. CLARIFICATION OF ACCESS TO NATURALIZATION 
FOR VICTIMS OF DOMESTIC VIOLENCE. 
(a) IN GENERAL.—Section 319(a) of the Immigra-
tion and Nationality Act (8 U.S.C. 1430(a)) is amended 
by inserting after ‘‘extreme cruelty by a United States cit-
izen spouse or parent’’ the following: ‘‘, regardless of 
whether the lawful permanent resident status was ob-
tained on the basis of such battery or cruelty’’. 
(b) USE OF CREDIBLE EVIDENCE.—Such section is 
further amended by adding at the end the following: ‘‘The 
provisions of section 204(a)(1)(J) shall apply in acting on 
an application under this subsection in the same manner
301
as they apply in acting on petitions referred to in such 
section.’’
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of the enactment 
of this Act and shall apply to applications for naturaliza-
tion filed before, on, or after the date of the enactment 
of this Act. 
SEC. 921. PROHIBITION OF ADVERSE DETERMINATIONS OF 
ADMISSIBILITY OR DEPORTABILITY BASED 
ON PROTECTED INFORMATION. 
(a) APPLICATION OF RESTRICTIONS ON ADDITIONAL 
DEPARTMENTS.—Section 384 of the Illegal Immigration 
Reform and Immigrant Responsibility Act of 1996 (divi-
sion C of Public Law 104–208; 8 U.S.C. 1367) is amend-
ed—
(1) in subsection (a), as amended by section 
1513(d) of VAWA–2000—
(A) in the matter before paragraph (1), by 
striking ‘‘(including any bureau or agency of 
such Department)’’ and inserting ‘‘, or the Sec-
retary of Homeland Security, the Secretary of 
State, the Secretary of Health and Human 
Services, or the Secretary of Labor or any other 
official or employee of the Department of 
Homeland Security, the Department of State,
302
the Department of Health and Human Services, 
or the Department of Labor (including any bu-
reau or agency of any such Department)’’; and 
(B) in paragraph (2), by striking ‘‘of the 
Department,’’ and inserting ‘‘of any such De-
partment,’’; and 
(2) in subsection (b)—
(A) in paragraphs (1), by striking ‘‘The 
Attorney General may provide, in the Attorney 
General’s discretion’’ and inserting ‘‘The Attor-
ney General, Secretary of Homeland Security, 
Secretary of State, Secretary of Health and 
Human Services, and Secretary of Labor may 
provide, in each’s discretion’’; 
(B) in paragraph (2), by striking ‘‘The At-
torney General may provide in the discretion of 
the Attorney General’’ and inserting ‘‘The At-
torney General, Secretary of Homeland Secu-
rity, Secretary of State, Secretary of Health 
and Human Services, and the Secretary of 
Labor may provide, in each’s discretion’’; and 
(C) in paragraph (5), by striking ‘‘is au-
thorized to disclose’’ and inserting ‘‘, Secretary 
of Homeland Security, Secretary of State, Sec-
retary of Health and Human Services, and Sec-
303
retary of Labor, or Attorney General may dis-
close’’. 
(b) INCREASING SCOPE OF ALIENS AND INFORMA-
TION PROTECTED.—Subsection (a) of such section is 
amended—
(1) in paragraph (1)—
(A) in the matter before subparagraph (A), 
by striking ‘‘furnished solely by’’ and inserting 
‘‘furnished by or derived from information pro-
vided solely by’’; 
(B) by striking ‘‘or’’ at the end of subpara-
graph (D); 
(C) by adding ‘‘or’’ at the end of subpara-
graph (E); and 
(D) by inserting after subparagraph (E) 
the following new subparagraph: 
‘‘(F) in the case of an alien applying for 
continued presence as a victim of trafficking 
under section 107(b)(1)(E)(i)(II)(bb) of the 
Trafficking Protection Act of 2000 or status 
under section 101(a)(15)(T) of the Immigration 
and Nationality Act, the trafficker or perpe-
trator,’’; and 
(2) in paragraph (2)—
304
(A) by striking ‘‘under clause (iii) or (iv) 
of section 204(a)(1)(A), clause (ii) or (iii) of 
section 204(a)(1)(B)’’ and inserting ‘‘as a 
VAWA 
petitioner 
(as 
defined 
in 
section 
101(a)(51) of the Immigration and Nationality 
Act), or under’’; and 
(B) by striking ‘‘or section 244(a)(3) of 
such Act as an alien (or the parent of a child) 
who has been battered or subjected to extreme 
cruelty.’’ and inserting the following: ‘‘, section 
101(a)(15)(T), section 214(c)(15), or section 
240A(b)(2) of such Act, or section 244(a)(3) of 
such Act (as in effect on March 31, 1997), or 
for continued presence as a victim of trafficking 
under section 107(b)(1)(E)(i)(II)(bb) of the 
Trafficking Protection Act of 2000, or any de-
rivative of the alien;’’. 
(c) PROVIDING FOR CONGRESSIONAL REVIEW.—Sub-
section (b) of such section is amended by adding at the 
end the following new paragraph: 
‘‘(6) Subsection (a) shall not apply to prevent 
the Attorney General and the Secretary of Home-
land Security from disclosing to the chairmen and 
ranking members of the Judiciary Committees of the 
House of Representatives and of the Senate in the
305
exercise of Congressional oversight authority infor-
mation on closed cases under this section in a man-
ner that protects the confidentiality of such informa-
tion and that omits personally identifying informa-
tion (including locational information about individ-
uals).’’. 
(d) APPLICATION
TO
JUVENILE
SPECIAL
IMMI-
GRANTS.—Subsection (a) of such section, as amended by 
subsection (b)(2)(B), is amended—
(1) by striking ‘‘or’’ at the end of paragraph 
(1); 
(2) by adding ‘‘or’’ at the end of paragraph (2); 
and 
(3) by inserting after paragraph (2) the fol-
lowing new paragraph: 
‘‘(3) in the case of an alien described in section 
101(a)(27)(J) of the Immigration and Nationality 
Act who has been abused, neglected, or abandoned, 
contact the alleged abuser (or family member of the 
alleged abuser) at any stage of applying for special 
immigrant juvenile status, including after a request 
for the consent of the Secretary of Homeland Secu-
rity under clause (iii)(I) of such section.’’. 
(e) IMPROVED ENFORCEMENT.—Subsection (c) of 
such section is amended by adding at the end the fol-
306
lowing: ‘‘The Office of Professional Responsibility in the 
Department of Justice shall be responsible for carrying 
out enforcement under the previous sentence.’’. 
(f) CERTIFICATION OF COMPLIANCE IN REMOVAL 
PROCEEDINGS.—
(1) IN GENERAL.—Section 239 of the Immigra-
tion and Nationality Act (8 U.S.C. 1229) is amend-
ed by adding at the end the following new sub-
section: 
‘‘(e) CERTIFICATION
OF COMPLIANCE WITH RE-
STRICTIONS ON DISCLOSURE.—Removal proceedings shall 
not be initiated against an alien unless there is a certifi-
cation of either of the following: 
‘‘(1) No enforcement action was taken leading 
to such proceedings against the alien—
‘‘(A) at a domestic violence shelter, a vic-
tims services organization or program (as de-
scribed in section 2003(8) of the Omnibus 
Crime Control and Safe Streets Act of 1968), 
a rape crisis center, a family justice center, or 
a supervised visitation center; or 
‘‘(B) at a courthouse (or in connection 
with the appearance of the alien at a court-
house) if the alien is appearing in connection 
with a protection order case, child custody case,
307
or other civil or criminal case relating to domes-
tic violence, sexual assault, trafficking, or stalk-
ing in which the alien has been battered or sub-
ject to extreme cruelty or if the alien is de-
scribed in subparagraph (T) or (U) of section 
101(a)(15). 
‘‘(2) Such an enforcement action was taken, but 
the provisions of section 384(a)(1) of the Illegal Im-
migration Reform and Immigrant Responsibility Act 
of 1996 have been complied with.’’. 
(2) COMPLIANCE.—Section 384(c) of the Illegal 
Immigration Reform and Immigrant Responsibility 
Act of 1996 (division C of Public Law 104–208; 8 
U.S.C. 1367(c)) is amended by inserting ‘‘or who 
knowingly makes a false certification under section 
239(e) of the Immigration and Nationality Act’’ 
after ‘‘in violation of this section’’. 
(g) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of the enactment 
of this Act and shall apply to violations or disclosures 
made on or after such date.
308
SEC. 922. INFORMATION FOR K NONIMMIGRANTS ABOUT 
LEGAL RIGHTS AND RESOURCES FOR IMMI-
GRANT VICTIMS OF DOMESTIC VIOLENCE. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity, in consultation with the Attorney General and the 
Secretary of State, shall develop consistent and accurate 
materials, including an information pamphlet described in 
subsection (b), on legal rights and resources for immigrant 
victims of domestic violence for dissemination to appli-
cants for K nonimmigrant visas. In preparing such mate-
rials, the Secretary shall consult with non-governmental 
organizations with expertise on the legal rights of immi-
grant victims of battery, extreme cruelty, sexual assault 
and other crimes. 
(b) INFORMATION
PAMPHLET.—The information 
pamphlet developed under subsection (a) shall include in-
formation on the following: 
(1) The K nonimmigrant visa application proc-
ess and the marriage-based immigration process, in-
cluding conditional residence and adjustment of sta-
tus. 
(2) The illegality of domestic violence, sexual 
assault, and child abuse in the United States and 
the dynamics of domestic violence. 
(3) Domestic violence and sexual assault serv-
ices in the United States, including the National Do-
309
mestic Violence Hotline and the National Sexual As-
sault Hotline. 
(4) The legal rights of immigrant victims of 
abuse and other crimes in immigration, criminal jus-
tice, family law, and other matters. 
(5) The obligations of parents to provide child 
support for children. 
(6) Marriage fraud under United States immi-
gration laws and the penalties for committing such 
fraud. 
(7) A warning concerning the potential use of 
K nonimmigrant visas by individuals who have a his-
tory of committing domestic violence, sexual assault, 
or child abuse. 
(c) SUMMARIES.—The Secretary of Homeland Secu-
rity, in consultation with the Attorney General and the 
Secretary of State, shall develop summaries of the pam-
phlet developed under subsection (a) that shall be used 
by consular officers when reviewing the pamphlet in inter-
views under section (e)(2). 
(d) TRANSLATION.—
(1) IN GENERAL.—In order to best serve the 
language groups having the greatest concentration of 
K nonimmigrant visa applicants, the information 
pamphlet under subsection (b) shall, subject to para-
310
graph (2), be translated by the Secretary of State 
into the following languages: Russian, Spanish, Ta-
galog, Vietnamese, Chinese, Ukrainian, Thai, Ko-
rean, Polish, Japanese, French, Arabic, Portuguese, 
and Hindi. 
(2) REVISION.—Every two years, the Secretary 
of Homeland Security, in consultation with the At-
torney General and the Secretary of State, shall de-
termine the specific languages into which the infor-
mation pamphlet is translated based on the lan-
guages spoken by the greatest concentrations of K 
nonimmigrant visa applicants. 
(e) AVAILABILITY AND DISTRIBUTION.—The infor-
mation pamphlet developed under subsection (a) shall be 
made available and distributed as follows: 
(1) MAILINGS TO K NONIMMIGRANT VISA APPLI-
CANTS.—
(A) The pamphlet shall be mailed by the 
Secretary of State to each applicant for a K 
nonimmigrant visa at the same time that the 
instruction packet regarding the visa applica-
tion process is mailed to such applicant. The 
pamphlet so mailed shall be in the primary lan-
guage of the applicant, or in English if no
311
translation into the applicant’s primary lan-
guage is available. 
(B) In addition, in the case of an applicant 
for 
a 
nonimmigrant 
visa 
under 
section 
101(a)(15)(K)(i) of the Immigration and Na-
tionality Act (8 U.S.C. 1101(a)(15)(K)(i)) the 
Secretary of Homeland Security shall provide to 
the Secretary of State, for inclusion in the mail-
ing under subparagraph (A), a copy of the peti-
tion submitted by the petitioner for such appli-
cant under section 214(d) of such Act (8 
U.S.C. 1184(d)). 
(C) The Secretary of Homeland Security 
shall provide to the Secretary of State any 
criminal background information the Secretary 
of Homeland Security possesses with respect to 
a petitioner under such section 214(d). The 
Secretary of State, in turn, shall share any such 
criminal background information that is in the 
public record with the nonimmigrant visa appli-
cant who is the beneficiary of the petition. The 
visa applicant shall be informed that such 
criminal background information is based on 
available records and may not be complete. The 
Secretary of State also shall provide for the dis-
312
closure of such criminal background informa-
tion to the visa applicant at the consular inter-
view in the primary language of the visa appli-
cant. Nothing in this subparagraph shall be 
construed to authorize the Secretary of Home-
land Security to conduct any new or additional 
criminal background check that is not otherwise 
conducted in the course of adjudicating such 
petitions. 
(2) CONSULAR
INTERVIEWS.—The pamphlet 
shall be distributed directly to K nonimmigrant visa 
applicants at all consular interviews for such visas. 
The consular officer conducting the visa interview 
shall review the pamphlet and summary with the ap-
plicant orally in the applicant’s primary language, in 
addition to distributing the pamphlet to the appli-
cant in English. 
(3) CONSULAR ACCESS.—The pamphlet shall be 
made available to the public at all consular posts. 
Summaries of the pamphlets under subsection (c) 
shall be made available to foreign service officers at 
all consular posts. 
(4) 
POSTING
ON
STATE
DEPARTMENT 
WEBSITE.—The pamphlet shall be posted on the 
website of the Department of State as well as on the
313
websites of all consular posts processing K non-
immigrant visa applications. 
(f) K NONIMMIGRANT DEFINED.—For purposes of 
this section, the term ‘‘K nonimmigrant visa’’ means a 
nonimmigrant visa under clause (i) or (ii) of section 
101(a)(15)(K) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(15)(K)). 
SEC. 923. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to the Sec-
retary of Homeland Security such sums as may be nec-
essary to provide for adjudication of petitions and adjust-
ment applications of VAWA petitioners (as defined in sec-
tion 101(a)(51) of the Immigration and Nationality Act, 
as added by section 911(a)) and of aliens seeking status 
as nonimmigrants under subparagraph (T) or (U) of sec-
tion 101(a)(15) of such Act. 
Subtitle C—Miscellaneous 
Provisions 
SEC. 931. REMOVING 2 YEAR CUSTODY AND RESIDENCY RE-
QUIREMENT FOR BATTERED ADOPTED CHIL-
DREN. 
(a) IN GENERAL.—Section 101(b)(1)(E)(i) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(b)(1)(E)(i)) is amended by inserting after ‘‘at least 
two years’’ the following: ‘‘or if the child has been battered
314
or subject to extreme cruelty by the adopting parent or 
by a family member of the adopting parent residing in 
the same household’’. 
(b) CONFORMING NATURALIZATION AMENDMENT.—
Section 320(a)(3) of such Act (8 U.S.C. 1431(a)(3)) is 
amended by inserting before the period at the end the fol-
lowing: ‘‘or the child is residing in the United States pur-
suant to a lawful admission for permanent residence and 
has been battered or subject to extreme cruelty by the cit-
izen parent or by a family member of the citizen parent 
residing in the same household ’’
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of the enactment 
of this Act and shall apply to applications pending or filed 
on or after such date. 
SEC. 932. WAIVER OF CERTAIN GROUNDS OF INADMIS-
SIBILITY FOR VAWA PETITIONERS. 
(a) WAIVER OF FALSE CLAIM OF U.S. CITIZEN-
SHIP.—
(1) IN
GENERAL.—Section 212(i)(1) of such 
Act (8 U.S.C. 1182(i)(1)) is amended by inserting 
‘‘(and, in the case of a VAWA petitioner who dem-
onstrates a connection between the false claim of 
United States citizenship and the petitioner being
315
subjected to battery or extreme cruelty, clause (ii))’’ 
after ‘‘clause (i)’’. 
(2) 
CONFORMING
REFERENCE.—Section 
212(a)(6)(C)(iii) 
of 
such 
Act 
(8 
U.S.C. 
1182(a)(6)(C)(iii)) is amended by striking ‘‘clause 
(i)’’ and inserting ‘‘clauses (i) and (ii)’’. 
(b) EXEMPTION FROM PUBLIC CHARGE GROUND.—
(1) IN GENERAL.—Section 212(a)(4) of such 
Act (8 U.S.C. 1182(a)(4)) is amended by adding at 
the end the following new subparagraph: 
‘‘(E) 
SPECIAL
RULE
FOR
BATTERED 
ALIENS.—Subparagraphs (A) through (C) shall 
not apply to an alien who is a VAWA petitioner 
or is a qualified alien described in section 
431(c) of the Personal Responsibility and Work 
Opportunity Reconciliation Act of 1996.’’. 
(2) 
CONFORMING
AMENDMENT.—Section 
212(a)(4)(C)(i) 
of 
such 
Act 
(8 
U.S.C. 
1182(a)(4)(C)(i)) is amended to read as follows: 
‘‘(i) the alien is described in subpara-
graph (E); or’’. 
(c) EFFECTIVE DATE.—Except as provided in this 
section, the amendments made by this section shall take 
effect on the date of the enactment of this Act and shall 
apply regardless of whether the conviction was entered,