294 
of this Act and shall apply to applications for adjust-
ment of status, for cancellation of removal, or for 
suspension of deportation filed before, on, or after 
such date. 
(c) SPOUSES AND CHILDREN OF ASYLUM APPLI-
CANTS UNDER ADJUSTMENT PROVISIONS.— 
(1) IN GENERAL.—Section 209(b)(3) of the Im-
migration and Nationality Act (8 U.S.C. 1159(b)(3)) 
is amended— 
(A) by inserting ‘‘(A)’’ after ‘‘(3)’’; and 
(B) by adding at the end the following: 
‘‘(B) was the spouse of a refugee within the 
meaning of section 101(a)(42)(A) at the time the 
asylum application was granted and who was bat-
tered or was the subject of extreme cruelty per-
petrated by such refugee or whose child was battered 
or subjected to extreme cruelty by such refugee 
(without the active participation of such spouse in 
the battery or cruelty), or 
‘‘(C) was the child of a refugee within the 
meaning of section 101(a)(42)(A) at the time of the 
filing of the asylum application and who was bat-
tered or was the subject of extreme cruelty per-
petrated by such refugee,’’.
295 
(2) EFFECTIVE DATE.—The amendments made 
by paragraph (1) shall take effect on the date of the 
enactment of this Act and— 
(A) section 209(b)(3)(B) of the Immigra-
tion and Nationality Act, as added by para-
graph (1)(B), shall apply to asylum applications 
granted before, on, or after such date; and 
(B) section 209(b)(3)(C) of such Act, as so 
added, shall apply with respect to asylum appli-
cations filed before, on, or after such date. 
(d) VISA WAIVER ENTRANTS.— 
(1) IN GENERAL.—Section 217(b)(2) of such 
Act (8 U.S.C. 1187(b)(2)) is amended by inserting 
after ‘‘asylum,’’ the following: ‘‘as a VAWA peti-
tioner, or for relief under subparagraph (T) or (U) 
of section 101(a)(15), under section 240A(b)(2), or 
under section 244(a)(3) (as in effect on March 31, 
1997),’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall take effect on the date of the 
enactment of this Act and shall apply to waivers 
provided under section 217(b)(2) of the Immigration 
and Nationality Act before, on, or after such date as 
if it had been included in such waivers.
296 
(e) EXCEPTION FROM FOREIGN RESIDENCE RE-
QUIREMENT FOR EDUCATIONAL VISITORS.— 
(1) IN GENERAL.—Section 212(e) of such Act 
(8 U.S.C. 1182(e)) is amended, in the matter before 
the first proviso, by inserting ‘‘unless the alien is a 
VAWA petitioner or a nonimmigrant under subpara-
graph (T) or (U) of section 101(a)(15)’’ after ‘‘fol-
lowing departure from the United States’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall take effect on the date of the 
enactment of this Act and shall apply to . 
SEC. 827. ELIMINATING ABUSERS’ CONTROL OVER APPLI-
CATIONS FOR ADJUSTMENTS OF STATUS. 
(a) APPLICATION OF MOTIONS TO REOPEN FOR ALL 
VAWA PETITIONERS.—Section 240(c)(7)(C)(iv) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1230(c)(7)(C)(iv)), as redesignated by section 101(d)(1) 
of the REAL ID Act of 2005 (Division B of Public Law 
109–13), is amended— 
(1) in subclause (I), 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’’; and 
(2) in subclause (II), by inserting ‘‘or adjust-
ment of status’’ after ‘‘cancellation of removal’’.
297 
(b) APPLICATION OF VAWA DEPORTATION PROTEC-
TIONS FOR TRANSITIONAL RELIEF TO ALL VAWA PETI-
TIONERS.—Section 1506(c)(2) of the Violence Against 
Women Act of 2000 (8 U.S.C. 1229a note) is amended— 
(1) in subparagraph (A)— 
(A) by amending clause (i) to read as fol-
lows: 
‘‘(i) if the basis of the motion is to 
apply for relief as a VAWA petitioner (as 
defined in section 101(a)(51) of the Immi-
gration and Nationality Act (8 U.S.C. 
1101(a)(51)) or under section 244(a)(3) of 
such Act (8 U.S.C. 1254(a)(3)); and’’; and 
(B) in clause (ii), by inserting ‘‘or adjust-
ment of status’’ after ‘‘suspension of deporta-
tion’’; and 
(2) in subparagraph (B)(ii), by striking ‘‘for re-
lief’’ and all that follows through ‘‘1101 note))’’ and 
inserting ‘‘for relief described in subparagraph 
(A)(i)’’. 
(c) APPLICATION
OF
VAWA-RELATED
RELIEF 
UNDER SECTION 202 OF NACARA.— 
(1) IN
GENERAL.—Section 202(d)(1) of the 
Nicaraguan Adjustment and Central American Re-
298 
lief Act (8 U.S.C. 1255 note; Public Law 105–100) 
is amended— 
(A) in subparagraph (B)(ii), by inserting 
‘‘, or was eligible for adjustment,’’ after ‘‘whose 
status is adjusted’’; and 
(B) in subparagraph (E), by inserting 
after ‘‘April 1, 2000’’ the following: ‘‘, or, in 
the case of an alien who qualifies under sub-
paragraph (B)(ii), applies for such adjustment 
during the 18-month period beginning on the 
date of enactment of the Violence Against 
Women Act of 2005’’ . 
(2) 
TECHNICAL
AMENDMENT.—Section 
202(d)(3) of such Act (8 U.S.C. 1255 note; Public 
Law 
105–100) 
is 
amended 
by 
striking 
‘‘204(a)(1)(H)’’ and inserting ‘‘204(a)(1)(J)’’. 
(3) EFFECTIVE DATE.—The amendment made 
by paragraph (2) shall take effect as if included in 
the enactment of VAWA–2000. 
(d) PETITIONING RIGHTS
OF CERTAIN FORMER 
SPOUSES UNDER CUBAN ADJUSTMENT.— 
(1) IN GENERAL.—The first section of Public 
Law 89–732 (8 U.S.C. 1255 note) is amended—
299 
(A) in the last sentence, by striking 
‘‘204(a)(1)(H)’’ and inserting ‘‘204(a)(1)(J)’’; 
and 
(B) by adding at the end the following: 
‘‘An alien who was the spouse of any Cuban 
alien described in this section and has resided 
with such spouse shall continue to be treated as 
such a spouse for 2 years after the date on 
which the Cuban alien dies (or, if later, 2 years 
after the date of enactment of Violence Against 
Women Act of 2005), or for 2 years after the 
date of termination of the marriage (or, if later, 
2 years after the date of enactment of Violence 
Against Women Act of 2005) if the alien dem-
onstrates a connection between the termination 
of the marriage and the battering or extreme 
cruelty by the Cuban alien.’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1)(A) shall take effect as if included 
in the enactment of VAWA–2000. 
(e) SELF-PETITIONING RIGHTS OF HRIFA APPLI-
CANTS.— 
(1) 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–
300 
277; 112 Stat. 2681–538; 8 U.S.C. 1255 note), as 
amended by section 1511(a) of VAWA–2000, is 
amended— 
(A) in clause (i), by striking ‘‘whose status 
is adjusted to that of an alien lawfully admitted 
for permanent residence’’ and inserting ‘‘who is 
or was eligible for classification’’; 
(B) in clause (ii), by striking ‘‘whose sta-
tus is adjusted to that of an alien lawfully ad-
mitted for permanent residence’’ and inserting 
‘‘who is or was eligible for classification’’; and 
(C) 
in 
clause 
(iii), 
by 
striking 
‘‘204(a)(1)(H)’’ and inserting ‘‘204(a)(1)(J)’’ . 
(2) EFFECTIVE DATE.—The amendments made 
by paragraph (1)(C) shall take effect as if included 
in the enactment of VAWA–2000. 
(f) SELF-PETITIONING RIGHTS UNDER SECTION 203 
OF NACARA.—Section 309 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 203(a) of the Nicaraguan Adjust-
ment and Central American Relief Act (8 U.S.C. 1255 
note; Public Law 105–100), is amended— 
(1) in subsection (c)(5)(C)(i)(VII)(aa), as 
amended by section 1510(b) of VAWA–2000—
301 
(A) by striking ‘‘or’’ at the end of subitem 
(BB); 
(B) by striking ‘‘and’’ at the end of 
subitem (CC) and inserting ‘‘or’’; and 
(C) by adding at the end the following new 
subitem: 
‘‘(DD) at the time at which 
the spouse or child files an appli-
cation for suspension of deporta-
tion or cancellation of removal; 
and’’; and 
(2) in subsection (g)— 
(A) by inserting ‘‘(1)’’ before ‘‘Notwith-
standing’’; 
(B) by inserting ‘‘subject to paragraph 
(2),’’ after ‘‘section 101(a) of the Immigration 
and Nationality Act)),’’; and 
(C) by adding at the end the following new 
paragraph: 
‘‘(2) There shall be no limitation on a motion to re-
open removal or deportation proceedings in the case of an 
alien who is described in subclause (VI) or (VII) of sub-
section (c)(5)(C)(i). Motions to reopen removal or deporta-
tion proceedings in the case of such an alien shall be han-
dled under the procedures that apply to aliens seeking re-
302 
lief under section 204(a)(1)(A)(iii) of the Immigration and 
Nationality Act.’’. 
(g) EFFECTIVE DATE.—Except as otherwise provided 
in this section, the amendments made by this section shall 
take effect on the date of the enactment of this Act. 
SEC. 828. PAROLE FOR VAWA PETITIONERS AND DERIVA-
TIVES. 
(a) IN GENERAL.—Section 240A(b)(4) of the Immi-
gration and Nationality Act (8 U.S.C. 1229b(b)(4)) is 
amended— 
(1) in the heading, by inserting ‘‘BATTERED 
ALIENS
AND’’ before ‘‘CHILDREN
OF
BATTERED 
ALIENS’’; 
(2) in subparagraph (A)— 
(A) by striking ‘‘or’’ at the end of clause 
(i); 
(B) by striking the period at the end of 
clause (ii) and inserting ‘‘; or’’; and 
(C) by adding at the end the following new 
clause: 
‘‘(iii) a VAWA petitioner.’’; and 
(3) in subparagraph (B)— 
(A) in the first sentence, by inserting ‘‘on 
a year-by-year basis’’ after ‘‘shall extend’’; and
303 
(B) in the first sentence, by inserting ‘‘or, 
in the case of subparagraph (A)(iii), from the 
date of approval of the applicable petition’’ 
after ‘‘1996)’’. 
(b) CONFORMING AMENDMENT.—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) For provision providing for parole for certain 
battered aliens, children or battered aliens, and parents 
of battered alien children, see 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. 829. 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::
304 
‘‘(2) The ineligibility for relief under paragraph (1) 
shall not apply to an alien who is a VAWA petitioner, who 
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).’’. 
(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. 830. 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) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on the date of the enact-
ment of this Act and shall apply to applications for natu-
ralization filed before, on, or after the date of the enact-
ment of this Act.
305 
SEC. 831. CONSOLIDATING ADJUDICATION OF VAWA CASES 
IN VAWA UNIT. 
(a) IN GENERAL.—Subtitle F of title IV of the 
Homeland Security Act of 2002 (Public Law 107–296) 
is amended by adding at the end the following new section: 
‘‘SEC. 479. CONSOLIDATED ADJUDICATION OF VAWA CASES 
IN VAWA UNIT. 
‘‘(a) SOLE JURISDICTION.—The Secretary of Home-
land Security shall designate the VAWA unit as the ad-
ministrative unit within the Department of Homeland Se-
curity with sole jurisdiction over the adjudication of the 
following: 
‘‘(1) Applications and petitions of VAWA peti-
tioners described in section 101(a)(51) of the Immi-
gration and Nationality Act (8 U.S.C. 1101(a)(51)). 
‘‘(2) Applications for nonimmigrant status 
under 
subparagraph 
(T) 
or 
(U) 
of 
section 
101(a)(15) of the Immigration and Nationality Act 
(8 U.S.C. 1101(a)(15)). 
‘‘(3) Applications seeking relief under para-
graph (2) or (4) of section 240A(b) of the Immigra-
tion and Nationality Act (8 U.S.C. 122b(b)). 
‘‘(4) Applications for adjustment of status by 
VAWA petitioners who are described in subpara-
graph (A) or (B) of section 101(a)(51) of such Act.
306 
‘‘(5) Applications for employment authorization 
under section 214(c)(11). 
‘‘(b) ADDITIONAL JURISDICTION.—The VAWA unit 
may have jurisdiction over such other matters as the Sec-
retary may specify. 
‘‘(c) VAWA UNIT DEFINED.—For purposes of this 
section, the term ‘VAWA unit’ means the administrative 
unit within the Department of Homeland Security that 
has responsibility as of May 1, 2005, for petitions under 
subparagraphs (A)(iii), (A)(iv), (B)(ii), and (B)(iii) of sec-
tion 204(a)(1) of the Immigration and Nationality Act 
and for applications for nonimmigrant status under sub-
paragraphs (T) and (U) of section 101(a)(15) of such 
Act.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of such Act is amended by inserting after 
the item relating to section 478 the following new item: 
‘‘Sec. 479. Consolidated adjudication of VAWA cases in VAWA unit.’’. 
(c) EFFECTIVE DATE.—The amendment made by 
paragraph (1) shall apply to applications and petitions 
filed on or after the date that is 180 days after the date 
of the enactment of this Act and, to the extent feasible, 
to applications and petitions filed before such date.
307 
SEC. 832. PROHIBITION OF ADVERSE DETERMINATIONS OF 
ADMISSIBILITY OR DEPORTABILITY BASED 
ON PROTECTED INFORMATION. 
(a) APPLICATION
TO ADDITIONAL DEPARTMENTS 
AND OTHER BATTERED ALIENS.—Section 384 of the Ille-
gal Immigration Reform and Immigrant Responsibility 
Act of 1996 (division C of Public Law 104–208; 8 U.S.C. 
1367) is amended— 
(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, 
the Department of Health and Human Services, 
or the Department of Labor (including any bu-
reau or agency of any such Department)’’; 
(B) in paragraph (1)— 
(i) in the matter before subparagraph 
(A), by striking ‘‘furnished solely by’’ and 
inserting ‘‘furnished by or derived from in-
formation provided solely by’’;
308 
(ii) by striking ‘‘or’’ at the end of sub-
paragraph (D); 
(iii) by adding ‘‘or’’ at the end of sub-
paragraph (E); and 
(iv) 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 
(v) by striking ‘‘or’’ at the end; 
(C) in paragraph (2)— 
(i) by striking ‘‘of the Department,’’ 
and inserting ‘‘of any such Department,’’; 
(ii) 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 sec-
tion 101(a)(51) of the Immigration and 
Nationality Act), or under’’; 
(iii) 
by 
striking 
‘‘or 
section 
240A(a)(3) of such Act as an alien (or the
309 
part of a child) who has been battered or 
subjected to extreme cruelty.’’ and insert-
ing the following: ‘‘, section 101(a)(15)(T), 
or section 240A(b)(2) of such Act, or sec-
tion 244(a)(3) of such Act (as in effect on 
March 31, 1997), or for continued pres-
ence as a victim of trafficking under sec-
tion 107(b)(1)(E)(i)(II)(bb) of the Traf-
ficking Protection Act of 2000, or any de-
rivative of the alien;’’; and 
(iv) by striking the period at the end 
and inserting a semicolon; and 
(D) by inserting after paragraph (2) the 
following: 
‘‘(3) undertake any part of an enforcement ac-
tion— 
‘‘(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) against an alien at a courthouse (or 
in connection with the appearance of the alien 
at a courthouse) if the alien is appearing in
310 
connection with a protection order case, child 
custody case, or other civil or criminal case re-
lating to domestic violence, sexual assault, traf-
ficking, or stalking in which the alien has been 
battered or subject to extreme cruelty or if the 
alien is described in subparagraph (T) or (U) of 
section 101(a)(15) of the Immigration and Na-
tionality Act; or 
‘‘(4) 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.’’; and 
(2) in subsection (b)— 
(A) in paragraphs (1), by striking ‘‘may 
provide, in the Attorney General’s discretion’’ 
and inserting ‘‘, Secretary of Homeland Secu-
rity, Secretary of State, Secretary of Health 
and Human Services, and Secretary of Labor 
may provide’’; 
(B) in paragraph (2), by striking ‘‘may 
provide in the discretion of the Attorney Gen-