192 
(2) REHABILITATION
ACT
AMENDMENTS
OF 
1986.—Section 1003(a)(1) of the Rehabilitation Act 
Amendments of 1986 (42 U.S.C. 2000d–7(a)(1)) is 
amended by inserting ‘‘chapter 1 of subtitle N of the 
Violence Against Women Act of 1994,’’ before ‘‘or 
the provisions’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section take effect 180 days after the date of enact-
ment of this Act. 
TITLE 
VIII—PROTECTION 
FOR 
IMMIGRANT VICTIMS OF VIO-
LENCE 
SEC. 800. SHORT TITLE; REFERENCES TO VAWA–2000; REGU-
LATIONS. 
(a) SHORT TITLE.—This title may be cited as ‘‘Im-
migrant Victims of Violence Protection Act of 2005’’. 
(b) REFERENCES TO VAWA–2000.—In this title, the 
term ‘‘VAWA–2000’’ means the Violence Against Women 
Act of 2000 (division B of Public Law 106–386). 
(c) REGULATIONS.— Not later than 180 days after 
the date of the enactment of this Act, the Attorney Gen-
eral, the Secretary of Homeland Security, and Secretary 
of State shall promulgate regulations to implement the 
provisions contained in the Battered Immigrant Women
193 
Protection Act of 2000 (title V of VAWA–2000) and the 
amendments made by (and the provisions of) this title. 
Subtitle A—Victims of Crime 
SEC. 801. CONDITIONS APPLICABLE TO U AND T VISAS. 
(a) DURATION OF U AND T VISAS.— 
(1) U VISAS.—Section 214(p) of such Act (8 
U.S.C. 1184(p)) is amended by adding at the end 
the following new paragraph: 
‘‘(6) DURATION OF STATUS.—The authorized 
period of status of an alien as a nonimmigrant 
under section 101(a)(15)(U) shall be extended on a 
year-by-year basis upon certification from a Federal, 
State or local law enforcement official, prosecutor, 
judge, or other Federal, State or local authority in-
vestigating or prosecuting criminal activity described 
in section 101(a)(15)(U)(iii) that the alien’s contin-
ued presence in the United States is required to as-
sist in the investigation or prosecution of such crimi-
nal activity.’’. 
(2) T VISAS.—Section 214(o) of such Act (8 
U.S.C. 1184(o)), as redesignated by section 8(a)(3) 
of the Trafficking Victims Protection Reauthoriza-
tion Act of 2003 (Public Law 108–193), is amended 
by adding at the end the following:
194 
‘‘(7) The authorized period of status of an alien as 
a nonimmigrant status under section 101(a)(15)(T) shall 
be extended on a year-by-year basis upon certification 
from a Federal, State or local law enforcement official, 
prosecutor, judge, or other Federal, State or local author-
ity investigating or prosecuting criminal activity relating 
to human trafficking that the alien’s continued presence 
in the United States is required to assist in the investiga-
tion or prosecution of such criminal activity.’’. 
(b) PERMITTING CHANGE OF NONIMMIGRANT STA-
TUS TO U AND T NONIMMIGRANT STATUS.— 
(1) IN GENERAL.—Section 248 of such Act (8 
U.S.C. 1258) is amended— 
(A) by striking ‘‘The Attorney General’’ 
and inserting ‘‘(a) The Secretary of Homeland 
Security’’; 
(B) by inserting ‘‘(subject to subsection 
(b))’’ after ‘‘except’’; and 
(C) by adding at the end the following new 
subsection: 
‘‘(b) The limitation based on inadmissibility under 
section 212(a)(9)(B) and the exceptions specified in num-
bered paragraphs of subsection (a) shall not apply to a 
change of nonimmigrant classification to that of a non-
immigrant under subparagraph (T) or (U) of section
195 
101(a)(15), other than from such classification under sub-
paragraph (C) or (D) of such section.’’. 
(2) 
CONFORMING
AMENDMENT.—Section 
214(l)(2)(A) of such Act (8 U.S.C. 1184(l)(2)(A)) is 
amended by 
striking 
‘‘248(2)’’ 
and 
inserting 
‘‘248(a)(2)’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of the enactment 
of this Act. 
Subtitle B—VAWA Petitioners 
SEC. 811. 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) or (iv) 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.’’.