291 
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. CITIZENSHIP.— 
(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 demonstrates 
a connection between the false claim of United States 
citizenship and the petitioner being subjected to bat-
tery 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)
292 
of the Personal Responsibility and Work Oppor-
tunity 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 sec-
tion, 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, crime, or 
disqualifying event occurred before, on, or after such date. 
SEC. 933. EMPLOYMENT AUTHORIZATION FOR BATTERED 
SPOUSES OF CERTAIN NONIMMIGRANTS. 
(a) IN GENERAL.—Section 214(c) of the Immigration 
and Nationality Act (8 U.S.C. 1184(c)), as amended by sec-
tions 403(a) and 404(a) of the REAL ID Act of 2005 (divi-
sion B of Public Law 109–13), is amended by adding at 
the end the following new paragraph: 
‘‘(15) In the case of an alien spouse admitted under 
subparagraph (A), (E)(iii), (G), or (H) of section 
101(a)(15) who is accompanying or following to join a 
principal alien admitted under subparagraph (A), (E)(iii), 
(G), or (H)(i) of such section, respectively, the Secretary 
of Homeland Security shall authorize the alien spouse to
293 
engage in employment in the United States and provide 
the spouse with an ‘employment authorized’ endorsement or 
other appropriate work permit if the alien spouse dem-
onstrates that during the marriage the alien spouse or a 
child of the alien spouse has been battered or has been the 
subject to extreme cruelty perpetrated by the spouse of the 
alien spouse. Requests for relief under this paragraph shall 
be handled under the procedures that apply to aliens seeking 
relief under section 204(a)(1)(A)(iii).’’. 
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect on the date of the enactment 
of this Act and shall apply to aliens who obtained the status 
of an alien spouse before, on, or after such date. 
SEC. 934. 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 subpara-
graph (C) and inserting ‘‘, or’’; and 
(3) by inserting after subparagraph (C) the fol-
lowing new subparagraph:
294 
‘‘(D) the alien meets the requirements under 
section 204(a)(1)(A)(iii)(II)(aa)(BB) and fol-
lowing the marriage ceremony has been battered 
by or was subject to extreme cruelty perpetrated 
by his or her intended spouse and was not at 
fault in failing to meet the requirements of para-
graph (1).’’. 
(b) EFFECTIVE DATE.—The amendments made by sub-
section (a) shall apply as if included in the enactment of 
VAWA–2000. 
SEC. 935. CANCELLATION OF REMOVAL. 
(a) CLARIFYING APPLICATION OF DOMESTIC VIOLENCE 
WAIVER AUTHORITY IN CANCELLATION OF REMOVAL.— 
(1) IN GENERAL.—Section 240A(b) of the Immi-
gration and Nationality Act (8 U.S.C. 1229b(b)) is 
amended— 
(A) in paragraph (1)(C)— 
(i) by inserting ‘‘subject to paragraph 
(5),’’ after ‘‘(C)’’; and 
(ii) by striking ‘‘(except in a case de-
scribed in section 237(a)(7) where the Attor-
ney General exercises discretion to grant a 
waiver)’’; 
(B) in paragraph (2)(A), by amending 
clause (iv) to read as follows:
295 
‘‘(iv) subject to paragraph (5), the 
alien is not inadmissible under paragraph 
(2) or (3) of section 212(a), is not remov-
able under paragraph (2), (3)(D), or (4) of 
section 237(a), and is not removable under 
section 237(a)(1)(G) (except if there was a 
connection between the marriage fraud de-
scribed in such section and the battery or 
extreme cruelty described in clause (i)); 
and’’; and 
(C) by adding at the end the following new 
paragraph: 
‘‘(5) APPLICATION OF DOMESTIC VIOLENCE WAIV-
ER AUTHORITY.—The provisions of section 237(a)(7) 
shall apply in the application of paragraphs (1)(C) 
and (2)(A)(iv) (including waiving grounds of deport-
ability) in the same manner as they apply under sec-
tion 237(a). In addition, for purposes of such para-
graphs and in the case of an alien who has been bat-
tered or subjected to extreme cruelty and if there was 
a connection between the inadmissibility or deport-
ability and such battery or cruelty with respect to the 
activity involved, the Attorney General may waive, in 
the sole unreviewable discretion of the Attorney Gen-
eral, any other ground of inadmissibility or deport-
296 
ability for which a waiver is authorized under section 
212(h), 212(d)(13), 212(d)(14), or 237(a)(2)(A)(v), 
and the exception described in section 204(a)(1)(C) 
shall apply.’’. 
(2) EFFECTIVE DATE.—The amendments made 
by paragraph (1) shall apply as if included in the en-
actment of section 1504(a) of VAWA–2000. 
(b) CLARIFYING NONAPPLICATION OF CANCELLATION 
CAP.— 
(1) IN GENERAL.—Section 240A(e)(3) of the Im-
migration 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 removal 
occurring on or after October 1, 2004. 
SEC. 936. 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—
297 
(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-
scribed in subparagraph (C)(iv)’’ before the pe-
riod at the end; and 
(B) in subparagraph (C)— 
(i) in the heading of clause (iv), by 
striking ‘‘SPOUSES AND CHILDREN’’ and in-
serting ‘‘SPOUSES, CHILDREN, AND
PAR-
ENTS’’; 
(ii) in the matter before subclause (I) 
of clause (iv), by striking ‘‘The deadline 
specified in subsection (b)(5)(C) for filing a 
motion to reopen does not apply’’ and in-
serting ‘‘Any limitation under this section 
on the deadlines for filing such motions 
shall not apply’’; 
(iii) in clause (iv)(I), by inserting ‘‘or 
section 244(a)(3) (as in effect on March 31, 
1997)’’ after ‘‘section 240A(b)(2)’’; 
(iv) by striking ‘‘and’’ at the end of 
clause (iv)(II); 
(v) by striking the period at the end of 
clause (iv)(III) and inserting ‘‘; and’’; and 
(vi) by adding at the end the following:
298 
‘‘(IV) if the alien is physically 
present in the United States at the 
time of filing the motion. 
The filing of a motion to reopen under this 
clause shall stay the removal of the alien 
pending final disposition of the motion in-
cluding exhaustion of all appeals if the mo-
tion establishes a prima facie case for the 
relief applied for.’’. 
(2) EFFECTIVE DATE.—The amendments made 
by paragraph (1) shall take effect on the date of the 
enactment of this Act. 
(b) DEPORTATION AND EXCLUSION PROCEEDINGS.— 
(1) IN GENERAL.—Section 1506(c)(2) of VAWA– 
2000 is amended— 
(A) in the matter before clause (i) of sub-
paragraph (A), by striking ‘‘Notwithstanding 
any limitation imposed by law on motions to re-
open or rescind deportation’’ inserting ‘‘Notwith-
standing any limitation on the number of mo-
tions, or the deadlines for filing motions (includ-
ing the deadline specified in section 242B(c)(3) 
of the Immigration and Nationality Act before 
the title III–A effective date), to reopen or re-
scind deportation or exclusion’’;
299 
(B) in the matter before clause (i) of sub-
paragraph (A), by striking ‘‘there is no time 
limit on the filing of a motion’’ and all that fol-
lows through ‘‘does not apply’’ and inserting 
‘‘such limitations shall not apply to the filing of 
a single motion under this subparagraph to re-
open such proceedings’’; 
(C) by adding at the end of subparagraph 
(A) the following: 
‘‘The filing of a motion under this subparagraph 
shall stay the removal of the alien pending a 
final disposition of the motion including the ex-
haustion of all appeals if the motion establishes 
a prima facie case for the relief applied for.’’; 
(D) in subparagraph (B), by inserting ‘‘who 
are physically present in the United States and’’ 
after ‘‘filed by aliens’’; and 
(E) in subparagraph (B)(i), by inserting 
‘‘or exclusion’’ after ‘‘deportation’’. 
(2) EFFECTIVE DATE.—The amendments made 
by paragraph (1) shall take effect on the date of the 
enactment of this Act. 
SEC. 937. REMOVAL PROCEEDINGS. 
(a) TREATMENT OF BATTERY OR EXTREME CRUELTY 
AS EXCEPTIONAL CIRCUMSTANCES.—Section 240(e)(1) of
300 
such Act (8 U.S.C. 1230(e)(1)) is amended by inserting 
‘‘battery or extreme cruelty of the alien or any child or par-
ent of the alien or’’ after ‘‘exceptional circumstances (such 
as’’. 
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect on the date of the enactment 
of this Act and shall apply to a failure to appear that oc-
curs before, on, or after such date. 
SEC. 938. 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 sec-
tion 309 of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996) shall be applied as if ‘‘or by 
a United States citizen or lawful permanent resident whom 
the alien intended to marry, but whose marriage is not le-
gitimate because of that United States citizen’s or perma-
nent resident’s bigamy’’ were inserted after ‘‘by a spouse 
or parent who is a United States citizen or lawful perma-
nent resident’’.
301 
SEC. 939. 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)’’. 
(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 Haitian 
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 inserting 
‘‘204(a)(1)(J)’’.