H. R. 3244—67
(2) LOSS OF STATUS.—Section 204(a)(1)(B) of the Immigra-
tion and Nationality Act (8 U.S.C. 1154(a)(1)(B)) (as amended
by section 1503(c)(3) of this title) is amended by adding at
the end the following:
‘‘(v)(I) For the purposes of any petition filed or approved under
clause (ii) or (iii), divorce, or the loss of lawful permanent resident
status by a spouse or parent after the filing of a petition under
that clause shall not adversely affect approval of the petition, and,
for an approved petition, shall not 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 an approved self-
petition under clause (ii) or (iii).
‘‘(II) Upon the lawful permanent resident spouse or parent
becoming or establishing the existence of United States citizenship
through naturalization, acquisition of citizenship, or other means,
any petition filed with the Immigration and Naturalization Service
and pending or approved under clause (ii) or (iii) on behalf of
an alien who has been battered or subjected to extreme cruelty
shall be deemed reclassified as a petition filed under subparagraph
(A) even if the acquisition of citizenship occurs after divorce or
termination of parental rights.’’.
(3) 
DEFINITION
OF
IMMEDIATE
RELATIVES.—Section
201(b)(2)(A)(i) of the Immigration and Nationality Act (8 U.S.C.
1154(b)(2)(A)(i)) is amended by adding at the end the following:
‘‘For purposes of this clause, an alien who has filed a petition
under clause (iii) or (iv) of section 204(a)(1)(A) of this Act
remains an immediate relative in the event that the United
States citizen spouse or parent loses United States citizenship
on account of the abuse.’’.
(b) ALLOWING REMARRIAGE OF BATTERED IMMIGRANTS.—Section
204(h) of the Immigration and Nationality Act (8 U.S.C. 1154(h))
is amended by adding at the end the following: ‘‘Remarriage of
an alien whose petition was approved under section 204(a)(1)(B)(ii)
or 204(a)(1)(A)(iii) or marriage of an alien described in clause (iv)
or (vi) of section 204(a)(1)(A) or in section 204(a)(1)(B)(iii) shall
not be the basis for revocation of a petition approval under section
205.’’.
SEC. 1508. TECHNICAL CORRECTION TO QUALIFIED ALIEN DEFINITION
FOR BATTERED IMMIGRANTS.
Section 431(c)(1)(B)(iii) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(c)(1)(B)(iii))
is amended to read as follows:
‘‘(iii) suspension of deportation under 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 Immigrant
Responsibility Act of 1996).’’.
SEC. 1509. ACCESS TO CUBAN ADJUSTMENT ACT FOR BATTERED
IMMIGRANT SPOUSES AND CHILDREN.
(a) IN GENERAL.—The last sentence of the first section of Public
Law 89–732 (November 2, 1966; 8 U.S.C. 1255 note) is amended
by striking the period at the end and inserting the following: ‘‘,
except that such spouse or child who has been battered or subjected
to extreme cruelty may adjust to permanent resident status under
this Act without demonstrating that he or she is residing with
the Cuban spouse or parent in the United States. In acting on
H. R. 3244—68
applications under this section with respect to spouses or children
who have been battered or subjected to extreme cruelty, the
Attorney General shall apply the provisions of section 204(a)(1)(H).’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall be effective as if included in 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.).
SEC. 1510. ACCESS TO THE NICARAGUAN ADJUSTMENT AND CENTRAL
AMERICAN RELIEF ACT FOR BATTERED SPOUSES AND
CHILDREN.
(a) ADJUSTMENT
OF STATUS
OF CERTAIN NICARAGUAN
AND
CUBAN BATTERED SPOUSES.—Section 202(d) of the Nicaraguan
Adjustment and Central American Relief Act (8 U.S.C. 1255 note;
Public Law 105–100, as amended) is amended—
(1) in paragraph (1), by striking subparagraph (B) and
inserting the following:
‘‘(B) the alien—
‘‘(i) is the spouse, child, or unmarried son or
daughter of an alien whose status is adjusted to that
of an alien lawfully admitted for permanent residence
under subsection (a), except that in the case of such
an unmarried son or daughter, the son or daughter
shall be required to establish that the son or daughter
has been physically present in the United States for
a continuous period beginning not later than December
1, 1995, and ending not earlier than the date on which
the application for adjustment under this subsection
is filed; or
‘‘(ii) was, at the time at which an alien filed for
adjustment under subsection (a), the spouse or child
of an alien whose status is adjusted to that of an
alien lawfully admitted for permanent residence under
subsection (a), and the spouse, child, or child of the
spouse has been battered or subjected to extreme cru-
elty by the alien that filed for adjustment under sub-
section (a);’’; and
(2) by adding at the end the following:
‘‘(3) PROCEDURE.—In acting on an application under this
section with respect to a spouse or child who has been battered
or subjected to extreme cruelty, the Attorney General shall
apply section 204(a)(1)(H).’’.
(b) CANCELLATION OF REMOVAL AND SUSPENSION OF DEPORTA-
TION TRANSITION RULES FOR CERTAIN BATTERED SPOUSES.—Section
309(c)(5)(C) of the Illegal Immigration and Reform and Immigrant
Responsibility Act of 1996 (division C of Public Law 104–208; 8
U.S.C. 1101 note) (as amended by section 1506(b)(3) of this title)
is amended—
(1) in clause (i)—
(A) by striking the period at the end of subclause
(VI) (as added by section 1506(b)(3) of this title) and
inserting ‘‘; or’’; and
(B) by adding at the end the following:
‘‘(VII)(aa) was the spouse or child of an alien
described in subclause (I), (II), or (V)—
H. R. 3244—69
‘‘(AA) at the time at which a decision is
rendered to suspend the deportation or cancel
the removal of the alien;
‘‘(BB) at the time at which the alien filed
an application for suspension of deportation
or cancellation of removal; or
‘‘(CC) at the time at which the alien reg-
istered for benefits under the settlement
agreement in American Baptist Churches, et.
al. v. Thornburgh (ABC), applied for tem-
porary protected status, or applied for asylum;
and
‘‘(bb) the spouse, child, or child of the spouse
has been battered or subjected to extreme cruelty
by the alien described in subclause (I), (II), or
(V).’’; and
(2) by adding at the end the following:
‘‘(iii) CONSIDERATION OF PETITIONS.—In acting on
a petition filed under subclause (VII) of clause (i) the
provisions set forth in section 204(a)(1)(H) shall apply.
‘‘(iv) RESIDENCE
WITH
SPOUSE
OR
PARENT
NOT
REQUIRED.—For purposes of the application of clause
(i)(VII), a spouse or child shall not be required to
demonstrate that he or she is residing with the spouse
or parent in the United States.’’.
(c) EFFECTIVE DATE.—The amendments made by subsections
(a) and (b) shall be effective as if included in the Nicaraguan
Adjustment and Central American Relief Act (8 U.S.C. 1255 note;
Public Law 105–100, as amended).
SEC. 1511. ACCESS TO THE HAITIAN REFUGEE FAIRNESS ACT OF 1998
FOR BATTERED SPOUSES AND CHILDREN.
(a) IN GENERAL.—Section 902(d)(1)(B) of the Haitian Refugee
Immigration Fairness Act of 1998 (division A of section 101(h)
of Public Law 105–277; 112 Stat. 2681–538) is amended to read
as follows:
‘‘(B)(i) the alien is the spouse, child, or unmarried
son or daughter of an alien whose status is adjusted to
that of an alien lawfully admitted for permanent residence
under subsection (a), except that, in the case of such an
unmarried son or daughter, the son or daughter shall be
required to establish that the son or daughter has been
physically present in the United States for a continuous
period beginning not later than December 1, 1995, and
ending not earlier than the date on which the application
for such adjustment is filed;
‘‘(ii) at the time of filing of the application for adjust-
ment under subsection (a), the alien is the spouse or child
of an alien whose status is adjusted to that of an alien
lawfully admitted for permanent residence under sub-
section (a) and the spouse, child, or child of the spouse
has been battered or subjected to extreme cruelty by the
individual described in subsection (a); and
‘‘(iii) in acting on applications under this section with
respect to spouses or children who have been battered
or subjected to extreme cruelty, the Attorney General shall
apply the provisions of section 204(a)(1)(H).’’.
H. R. 3244—70
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall be effective as if included in the Haitian Refugee Immigration
Fairness Act of 1998 (division A of section 101(h) of Public Law
105–277; 112 Stat. 2681–538).
SEC. 1512. ACCESS TO SERVICES AND LEGAL REPRESENTATION FOR
BATTERED IMMIGRANTS.
(a) LAW ENFORCEMENT
AND PROSECUTION GRANTS.—Section
2001(b) of part T of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796gg(b)) (as amended by
section 1209(c) of this division) is amended by adding at the end
the following:
‘‘(11) providing assistance to victims of domestic violence
and sexual assault in immigration matters.’’.
(b) GRANTS TO ENCOURAGE ARRESTS.—Section 2101(b)(5) of
part U of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3796hh(b)(5)) is amended by inserting before
the period the following: ‘‘, including strengthening assistance to
such victims in immigration matters’’.
(c) RURAL DOMESTIC VIOLENCE AND CHILD ABUSE ENFORCE-
MENT GRANTS.—Section 40295(a)(2) of the Violent Crime Control
and Law Enforcement Act of 1994 (Public Law 103–322; 108 Stat.
1953; 42 U.S.C. 13971(a)(2)) is amended to read as follows:
‘‘(2) to provide treatment, counseling, and assistance to
victims of domestic violence and child abuse, including in
immigration matters; and’’.
(d) CAMPUS DOMESTIC VIOLENCE GRANTS.—Section 826(b)(5)
of the Higher Education Amendments of 1998 (Public Law 105–
244; 20 U.S.C. 1152) is amended by inserting before the period
at the end the following: ‘‘, including assistance to victims in
immigration matters’’.
SEC. 1513. PROTECTION FOR CERTAIN CRIME VICTIMS INCLUDING
VICTIMS OF CRIMES AGAINST WOMEN.
(a) FINDINGS AND PURPOSE.—
(1) FINDINGS.—Congress makes the following findings:
(A) Immigrant women and children are often targeted
to be victims of crimes committed against them in the
United States, including rape, torture, kidnaping, traf-
ficking, incest, domestic violence, sexual assault, female
genital mutilation, forced prostitution, involuntary ser-
vitude, being held hostage or being criminally restrained.
(B) All women and children who are victims of these
crimes committed against them in the United States must
be able to report these crimes to law enforcement and
fully participate in the investigation of the crimes com-
mitted against them and the prosecution of the perpetrators
of such crimes.
(2) PURPOSE.—
(A) The purpose of this section is to create a new
nonimmigrant visa classification that will strengthen the
ability of law enforcement agencies to detect, investigate,
and prosecute cases of domestic violence, sexual assault,
trafficking of aliens, and other crimes described in section
101(a)(15)(U)(iii) of the Immigration and Nationality Act
committed against aliens, while offering protection to vic-
tims of such offenses in keeping with the humanitarian
interests of the United States. This visa will encourage